Title 3 . Commerce, Community, and Economic Development

Chapter 190 . Real Property From Dissolved Municipalities

Section 990. Definitions

3 AAC 190.990. Definitions

In this chapter, unless the context requires otherwise, the following words and phrases have the following meanings:

(1) "ANCSA" means the Alaska Native Claims Settlement Act of 1971, P.L. 92-203, 85 Stat. 688, as amended (43 U.S.C. 1601 et seq.);

(2) "bona fide village resident" means a natural person who is at least 18 years of age or who is the head of a household if less than 18 years of age, as to whom residency in the village can be established on the date for which a determination of residency is required by application of the rules set out in AS 15.05.020 ;

(3) "commissioner" means the commissioner of the Department of Commerce, Community, and Economic Development of the State of Alaska acting as the trustee of municipal trust land, whose incumbent is responsible under AS 44.33.755 to accept, administer, and dispose of such land;

(4) "fair market value" means the appraised price attributable to a parcel of municipal trust land, including the value of any survey which identifies and describes the land, which a willing and knowledgeable buyer would pay and which a willing and knowledgeable seller would accept, with respect to that parcel;

(5) "improved land" means the land conveyed under ANCSA to village corporations which is so changed from its natural state through valuable additions made to the land or through regular use by the residents of the village, that failure to treat that land as municipal trust land would substantially and adversely affect the community as a whole, of which it forms a part;

(6) "less-than-fee interest," where used in reference to land held by a village corporation, means an interest in land which is less than the entire estate in the land which was received by the village corporation from the United States under ANCSA; and, when used in reference to municipal trust land, means an interest in land which is less than the entire estate in the land which was received from the village corporation by the state in trust for any future city in the Native village;

(7) "municipal land trust officer" means that position within the Department of Commerce, Community, and Economic Development whose incumbent is principally responsible, under delegation and general direction of the commissioner, to carry out municipal trust land program activities under AS 44.33.755 and the regulations of this chapter;

(8) "municipal trust land" means land the legal or equitable title to which is held by the State of Alaska in trust for a future first or second class city under ANCSA, sec. 14(c)(3) and AS 44.33.755 ;

(9) "person" means any qualified person, firm, corporation, cooperative association, partnership, or other legal entity legally capable of entering into an agreement or contract;

(10) "state fiscal year" means the fiscal year described in AS 37.05.920 ;

(11) " Tundra Times " means that state-wide newspaper which is owned and edited by Eskimo, Indian, Aleut Publishing Corporation, 639 I Street, Anchorage, Alaska 99501;

(12) "village" or "Native village" means any unincorporated community, vicinity, or locality which was certified by the Secretary of the Interior under ANCSA as having selection rights under secs. 12(a) or 16(b) of ANCSA, as amended, and includes all those persons living in the same community, vicinity, or locality, irrespective of race or enrollment under sec. 5 of ANCSA, who have common community ties or interests;

(13) "village council" means an active local social organization, which need not be a formal organization having its own independent legal identity, functioning in the Native village under tradition which is fundamentally representative of all residents of the Native village;

(14) "village entity" means an organization or group officially recognized by the commissioner under 3 AAC 190.110 - 3 AAC 190.150 as being "an appropriate village entity" within the meaning of AS 44.33.755 .

History: Eff. 9/21/79, Register 71

Authority: AS 44.17.030

AS 44.33.755 (a)

Editor's note: As of Register 171 (October 2004), the regulations attorney made technical revisions under AS\n 44.62.125(b)(6) to reflect the name change of the Department of Community and Economic Development to the Department of Commerce, Community, and Economic Development made by ch. 47, SLA 2004 and the corresponding title change of the commissioner of community and economic development.