11 Alaska Admin. Code § 05.160

Current through May 31, 2024
Section 11 AAC 05.160 - Other, or general, land management not established elsewhere
(a) Fees established under this section are for authorizations and services for land management not established elsewhere. The director of the division of mining, land and water may, by written order, reduce or revise one or more of the fees established in (d)(1) of this section by waiving a portion of the fee. Under this section, an order waiving a portion of a fee
(1) must apply to all applicants or petitioners for that authorization, petition, or service;
(2) may not exceed 20 percent of the amount established in (d)(1) of this section for an authorization, petition, or service;
(3) must be published on the division's public internet webpage and the Alaska Online Public Notice System 30 days before the effective date of the waiver;
(4) may not waive or reduce any additional fees imposed under (c) of this section; and
(5) is not subject to appeal under AS 44.37.011 or 11 AAC 02.
(b) The director shall consider in waiving a portion of a fee under (a) of this section
(1) the estimated actual costs of the authorization, petition, or service to the department;
(2) the economic needs of the department; and
(3) the public interest.
(c) When the department determines that an authorization, petition, or other service will require additional costs, or staff time in excess of the maximum hours set out in (d)(1) of this section, but that a higher fee under 11 AAC 05.270 is not required, then,
(1) the department may, in addition to the fee established in (d)(1) of this section,
(A) charge an additional hourly fee under (d)(2) of this section for staff time in excess of the maximum hours set out in (d)(1) of this section to pay for the estimated actual staff cost for provision of the services requested; and
(B) charge fees necessary to pay for additional estimated actual costs, including costs under 11 AAC 05.200 for recordation by the department;
(2) the department will provide the applicant or petitioner written estimates detailing the additional costs for the department to continue processing the application; and
(3) the department may require payment of the appropriate additional fee amount before the department undertakes additional processing.
(d) The fees for the following authorizations and services for land management not established elsewhere are as follows:
(1) the fees for:
(1) an application for land exchange, under AS 38.50 or AS 29.65, $750, for up to 30 hours of staff time;
(2) an application for transfer of escheated land under AS 38.95.240(e), $750, for up to 30 hours of staff time;
(3) inspection of land subject to a land use authorization other than for mineral development if the inspection is required by the authorization, necessary to determine whether previous noncompliance with the authorization has been corrected, or performed to investigate alleged noncompliance and confirms noncompliance, either $500 or the division's actual expenses, in the director's discretion;
(4) an interagency land management assignment to a state agency, for
(i) a site that will be open to public use and where no significant capital investment will be made, no charge;
(ii) a site not covered by (i) of this subparagraph, a one-time fee of $3,000 or seven percent of the fair market value; whichever is less;
(iii) amendment of an existing interagency land management assignment, an additional fee determined by the director, but not more than $3,000 or seven percent of the fair market value added as a result of the amendment;
(iv) inspection of a site to determine compliance with the terms of the interagency land management assignment, either $100 or the division's actual expenses, in the director's discretion;
(5) review and approval of an appraisal submitted under AS 38.05.840, AS 38.35, or AS 38.50.020(b), $100;
(6) filing an administrative appeal or request for reconsideration, $250;
(7) a request for reclassification of state land, $200 for up to 8 hours of staff time;
(H) [(8)] fee for staff time for research, $50 for each hour;
(2) fee for each additional hour in excess of the maximum hours listed in (1) of this subsection, $50.

11 AAC 05.160

7/1/2018,Register 227, October 2018

AS 27.21.030

AS 38.05.295

AS 40.15.370

AS 27.21.940

AS 38.05.550

AS 40.17.030

AS 38.04.045

AS 38.05.555

AS 40.25.110

AS 38.04.065

AS 38.05.560

AS 40.25.115

AS 38.04.900

AS 38.05.565

AS 41.06.020

AS 38.05.020

AS 38.05.600

AS 41.21.020

AS 38.05.035

AS 38.05.810

AS 41.21.026

AS 38.05.057

AS 38.05.850

AS 41.23.440

AS 38.05.082

AS 38.08.110

AS 44.37.020

AS 38.05.083

AS 38.09.020

AS 44.37.025

AS 38.05.102

AS 38.09.110

AS 44.37.027

AS 38.05.112

AS 38.35.020

AS 45.29.525

AS 38.05.133

AS 38.35.050

AS 45.50.315

AS 38.05.177

AS 38.35.140

AS 46.15.020

AS 38.05.180

AS 38.50.160

AS 46.15.035

AS 38.05.250

AS 38.95.240

AS 46.15.037

AS 38.05.255