Section 38.05.075. Leasing procedures.

   (a) Except as provided in AS 38.05.035, 38.05.070, 38.05.073, 38.05.082, 38.05.083, 38.05.087, 38.05.102, 38.05.565, 38.05.600, 38.05.810, and this section, when competitive interest has been demonstrated or the commissioner determines that it is in the state's best interests, leasing shall be made at public auction or by sealed bid, at the discretion of the director, to the highest qualified bidder as determined by the commissioner. A bidder may be represented by an attorney or agent at a public auction. In the public notice of a lease to be offered at public auction or by sealed bid, the commissioner shall specify a minimum acceptable bid and the lease compensation method. The lease compensation method shall be designed to maximize the return on the lease to the state and shall be a form of compensation set out in AS 38.05.073(m). An aggrieved bidder may appeal to the commissioner within five days for a review of the determination. The leasing shall be conducted by the commissioner, and the successful bidder shall deposit at the public auction or with the sealed bid the first year's rental or other lease compensation as specified by the commissioner, or that portion of it that the commissioner requires in accordance with the bid. The commissioner shall require, under AS 38.05.860, qualified bidders to deposit a sum equal to any survey or appraisal costs reasonably incurred by another qualified bidder acting in accordance with the regulations of the commissioner or incurred by the department under AS 38.04.045 and AS 38.05.840. If a bidder making a deposit of survey or appraisal costs is determined by the commissioner to be the highest qualified bidder under this subsection, the deposit shall be paid to the unsuccessful bidder who incurred those costs or to the department if the department incurred the costs. All costs for survey and appraisal shall be approved in advance in writing by the commissioner. The commissioner shall immediately issue a receipt containing a description of the land or interest leased, the price bid, and the terms of the lease to the successful qualified bidder. If the receipt is not accepted in writing by the bidder under this subsection, the commissioner may offer the land for lease again under this subsection. A lease, on a form approved by the attorney general, shall be signed by the successful bidder and by the commissioner.
   (b) When a valid existing federal grazing lease is cancelled to allow state selection of the area under lease, the lessee of the land has the preference right to lease the land without competitive bidding for a term equal to that originally granted in the cancelled federal lease and upon terms as favorable to the lessee as those contained in the cancelled federal lease.
   (c) The owner or lessee of land that fronts on shoreland, tideland, or submerged land of the state may be granted a preference right to a lease for the shoreland, tideland, or submerged land without competitive bidding if the director determines that
        (1) the lease of the shoreland, tideland, or submerged land is necessary to facilitate water transportation of goods, services, or resources to or from the owned or leased upland or for another water-dependent purpose;
        (2) the proposed use of the shoreland, tideland, or submerged land is compatible with the classification of the land and with any applicable land use plan adopted under AS 38.04.065; and
        (3) issuance of the lease to the shoreland, tideland, or submerged land will not interfere with prior existing rights to the leased land.
   (d) If the commissioner issues a lease under (c) of this section, the right of access to the shoreland, tideland, or submerged land shall be nonexclusive in the lessee unless the commissioner grants the lessee the exclusive right to use the shoreland, tideland, or submerged land.
   (e) The commissioner may require prequalification of bidders for a lease to be issued under AS 38.05.070. If the commissioner determines to require prequalification, the procedures established by this section and the notice including prequalification requirements required to be given under AS 38.05.945 shall be completed within 75 days of the receipt of the first lease application unless the commissioner grants additional time for the completion of the procedures. Within the 75-day period or the additional time granted by the commissioner, the commissioner shall complete
        (1) classification under AS 38.05.300;
        (2) the procedures required by AS 38.05.035(e);
        (3) any other action required by law for the disposal of the lease to a bidder except survey, appraisal, and the auction or sealed bid.
   (f) If, after completion of the procedures required by (e) of this section, the commissioner determines that there is only one qualified bidder, the commissioner may issue a lease without competitive bidding at the approved, appraised market value of the land determined under AS 38.05.840 or by another form of lease compensation specified by the commissioner from among those set out in AS 38.05.073(m) and designed to maximize the return on the lease to the state. The commissioner may establish terms and conditions for entry to the land pending survey and appraisal of the land. The commissioner shall issue the lease as soon as is practicable following the survey and appraisal of the land subject to the provisions of AS 38.05.035(e).
   (g) Notice of an auction or sealed bid required under this section shall be made by certified mail to all prequalified bidders.
   (h) A person aggrieved by a decision of the commissioner under this section may appeal to the commissioner within five days of the prequalification decision. The decision of the commissioner under this subsection may be appealed to the superior court.

Authorities

38.05.070;38.05.083;38.05.255

Notes

Implemented As

11 AAC 58.010
11 AAC 58.020
11 AAC 58.030
11 AAC 58.080
11 AAC 58.090
11 AAC 58.210
11 AAC 58.320
11 AAC 58.340
11 AAC 58.410
11 AAC 58.510
11 AAC 58.550
11 AAC 58.560
11 AAC 58.570
11 AAC 58.580
11 AAC 58.590
11 AAC 58.600
11 AAC 58.610
11 AAC 58.620
11 AAC 58.630
11 AAC 58.640
11 AAC 58.680
11 AAC 58.690
11 AAC 58.700
11 AAC 58.710
11 AAC 58.720
11 AAC 58.730
11 AAC 58.740
11 AAC 58.800
11 AAC 58.900
11 AAC 63.030
11 AAC 67.008
11 AAC 67.045

References

11 AAC 63.040
AS 38.05.070 Generally.
AS 38.05.083 Aquatic farming and hatchery site leases.
AS 38.05.255 Surface use of land or water.

History

(Sec. 2 art V ch 169 SLA 1959; am Sec. 10 ch 61 SLA 1960; am Sec. 3 ch 74 SLA 1961; am Sec. 2 ch 26 SLA 1963; am Sec. 1 ch 84 SLA 1965; am Sec. 1 ch 106 SLA 1966; am Sec. 29, 30 ch 152 SLA 1984; am Sec. 14, 15 ch 2 FSSLA 1992; am Sec. 5 ch 38 SLA 1994; am Sec. 17 - 19 ch 91 SLA 1997; am Sec. 9 - 10, 11 ch 27 SLA 2012)