3 AAC 190.020. Standards to be applied by commissioner in determining whether to accept tender

In determining whether to accept or reject a tender of land under this chapter, the commissioner will, after consulting with the recognized village entity or with the village residents, as provided in 3 AAC 190.110 - 3 AAC 190.290, and with the borough if the land is located in an organized borough, evaluate the land included in the tender to determine whether its acceptance would be in the best interests of any future city that might be incorporated in respect to the Native village. In making a decision, the commissioner will consider, as a minimum, the following standards and considerations:

(1) whether all tenders of the village corporation collectively include all improved land on which the Native village is located which is subject to reconveyance under sec. 14(c)(3) of ANCSA;

(2) whether all tenders of the village corporation collectively include all land conveyed or to be conveyed to the village corporation under ANCSA which is clearly essential to meet all present or foreseeable public community needs of any first or second class city which might be established in the Native village, including (without limitation) community expansion and appropriate rights-of-way for public use;

(3) whether, considering future land-use patterns which would be created by acceptance of the tendered land, the effect upon community growth and development of accepting that land would not significantly impair the economic viability of the village corporation or deprive it of a reasonable entrepreneurial opportunity;

(4) whether acceptance of the land tendered to the state in trust is consistent with the views of the village residents, as expressed by the recognized village entity or (if applicable) by the village residents in a village meeting resolution or a village referendum;

(5) whether with respect to land which is located within a borough or other municipality having municipal powers, the tenders include all land conveyed or to be conveyed to the village corporation under ANCSA which is clearly essential within the foreseeable future to the proper execution of municipal powers; and

(6) whether acceptance of the land by the state in trust would be consistent with the good faith execution of the commissioner's responsibility to any future municipality that might be incorporated in the Native village.

History: Eff. 9/21/79, Register 71; am 11/19/88, Register 108

Authority: ANCSA, sec. 14(c)(3)

AS 44.33.755 (a)

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