Title 17 . Transportation and Public Facilities

Chapter 45 . Miscellaneous Provisions

Section 215. Consideration of application for a land lease or material amendment of a land lease without competition

17 AAC 45.215. Consideration of application for a land lease or material amendment of a land lease without competition

(a) This section applies only to an application for a land lease, or a term extension or material amendment of a land lease, that is eligible for consideration without competition under AS 02.15.090 (c) because the applicant

(1) is a lessee under and the application relates to a land lease that either has not expired or is in holdover; and

(2) is applying for the same land and substantially the same use as stated in the existing lease.

(b) The department will review an application to which this section applies to determine whether the application is eligible under the standards stated in (a) of this section for consideration under AS 02.15.090 (c) and whether the application is approvable, subject to public notice and comment under 17 AAC 45.400. The application is approvable, subject to public notice and comment under 17 AAC 45.400, if

(1) denial of the application is not required under 17 AAC 45.010(g) ;

(2) the continued use by the applicant is not inconsistent with

(A) an exclusive right granted by the department to another person;

(B) sound airport planning or considerations of security, safety, maintenance, or operation of the airport;

(C) the applicable provisions of this chapter and of any other statute or regulation, including any relating to noise or airport land use; and

(D) any applicable FAA grant assurance incorporated by reference under 17 AAC 45.010(e) and any written plan or program required for compliance with applicable state or federal law; and

(3) the continued use is in the best interest of the state.

(c) If the department determines that an application is approvable, subject to public notice and comment under 17 AAC 45.400, the department will advise the applicant of the cost to provide public notice of the application in accordance with 17 AAC 45.400. Upon receipt of the applicant's payment of that cost, the department will give notice to the public under 17 AAC 45.400 and include a statement that the application appears to be eligible under (a) of this section for consideration without competition under AS 02.15.090 (c). Advance payment of the cost of public notice is not required to the extent the applicant is, under federal law or the terms of a grant to the department, exempt from the payment or not permitted to make the payment in advance.

(d) After the public comment period set in the notice given under (c) of this section has closed, the department will consider only public comments or applications that the department received before the close of the public comment period and either

(1) confirm in writing that the applicant satisfies the standards described in (a) of this section and that the application satisfies each consideration described in (b) of this section and enter into a new land lease with the applicant or a term extension or material amendment to the applicant's existing land lease; or

(2) state in writing each standard described in (a) of this section and each consideration described in (b) of this section that the applicant or application, as applicable, does not satisfy and either deny the application, process the application under 17 AAC 45.210, or make the lease lot available for lease by competitive means under 17 AAC 45.300 - 17 AAC 45.399.

(e) For an aviation use application only, the department will not rely on either the existence of a competing application or the potential for gaining increased revenue for the department, whether alone or combined, as the sole reason for denial of an application under (d) of this section.

(f) The department will mail or deliver to the successful applicant a lease, permit, concession, or other document form for the interest awarded under (d)(1) of this section. If the applicant does not, within 60 days after the date that the department mails or delivers it to the applicant, sign and mail or deliver the lease, permit, concession, or other document form back to the department, the department will not enter into the lease, permit, concession, or other interest and will so notify the applicant in writing. The department may extend the response time provided under this subsection for good cause shown. To request an extension, the applicant must submit to the department, before expiration of the response time, a written request for extension stating the reasons for the request.

(g) The department may not execute a lease, permit, concession, or other interest earlier than the day after the date set for submission of public comment in the notice given under (c) of this section or later than one year after that date.

(h) The department will state in writing any decision to deny an application or request for an extension under this section, including the reasons for the denial. An applicant may protest the denial of an application or the denial of a request for an extension in accordance with 17 AAC 45.910.

(i) A permit, concession, or building lease is not a land lease to which this section applies.

History: Eff. 3/28/2002, Register 161

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090

AS 02.15.210

AS 37.15.470

AS 37.15.540