11 AAC 82.415. Public notice

(a) Notice required under AS 38.05.945 (a)(3) of a decision under AS 38.05.035 (e) will

(1) describe the land and interests in that land proposed to be offered for disposal;

(2) note the public availability of the division's preliminary analysis for the disposal;

(3) contain any other information the director determines to be necessary to inform the public about the disposal; and

(4) provide an opportunity for public comment regarding the proposed disposal.

(b) Notice required under AS 38.05.945 (a)(4) of a competitive disposal will

(1) describe the land and the interests in that land to be offered for disposal;

(2) state the time and place of disposal;

(3) state the availability of the director's final finding and decision regarding the disposal;

(4) specify the terms and the conditions of the sale relating to rents, royalties, leasing methods, bond requirements, and surface entry; and

(5) contain any other information the director determines necessary to inform the public about the disposal.

(c) After a notice of disposal under (b) of this section has been issued, the director will, in the director's discretion, issue supplemental notices correcting information provided in the notice, or providing additional information regarding the disposal. A supplemental notice which substantially alters a term or condition of a notice regarding rentals, royalties, leasing methods, bonding requirements, surface entry restrictions, or acreage available for disposal will comply with AS 38.05.945 (b) and (c). Other supplemental notices will be issued at the time and in a manner which the director deems appropriate to the particular supplemental notice. For purposes of this subsection, a supplemental notice substantially alters a term or condition of a notice if it:

(1) changes a rental or royalty rate;

(2) changes the leasing method selected pursuant to AS 38.05.180 ;

(3) as a technical correction, causes the published acreage of an individual tract which is not deleted from the sale to increase by more than 3 percent from the acreage listed for the tract in the final notice; or

(4) is otherwise determined by the director to substantially alter a term or condition of a final notice.

(d) A supplemental notice which alters the acreage of a tract will be issued no later than 10 days before the date of sale. Otherwise, the affected tract will be deleted from the sale.

History: Eff. 9/5/74, Register 51; am 7/22/79, Register 71; am 3/26/81, Register 77; am 10/24/81, Register 80; am 7/1/89, Register 110

Authority: AS 38.05.020

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