Notice of Proposed Regulation Changes on Material Sales and Conveyances to State Agencies

NOTICE OF PROPOSED CHANGES ON MATERIAL SALES AND CONVEYANCES TO STATE AGENCIES IN THE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCESBRIEF DESCRIPTIONThe Department of Natural Resources proposes to change regulations in 11 AAC 71 and 11 AAC 98 of the Alaska Administrative Code relating to the pricing for sale of materials such as sand and gravel. The revisions would enable the department to transfer material to state agencies and public corporations for public purposes at no cost, allowing for maximum use of state land consistent with the public interest. The revisions would also define what constitutes the use or disposal of state land for a “public purpose.”Summary of proposed changes: The Department of Natural Resources proposes to adopt regulation changes in 11 AAC of the Alaska Administrative Code, dealing with the pricing for sale of materials, including the following:(1) repealing and readopting 11 AAC 71.090, including new language relating to conveyances of materials to state agencies and public corporations, removing discretion to sell up to 25,000 cubic yards of materials for representative sales price without an appraisal, allowing for appraisals establishing fair market value of materials conveyed to private parties, and defining “personal use” of materials;(2) adding 11 AAC 98.010, a new section defining “public purpose” for the use and disposal of state land and resources.Written comments: You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments by mail to: Molly Benson at 550 West Seventh Avenue, Suite 1070, Anchorage, Alaska 99501. Additionally, the Department of Natural Resources will accept comments by facsimile at 1-907-269-8604, and by email at: dnr.materialsales.regulation@alaska.gov. Written comment deadline: The written comments must be received not later than 5:00 p.m. on December 26, 2025.Questions: You may submit written questions relevant to the proposed action to Molly Benson via email at dnr.materialsales.regulation@alaska.gov or by mail at 550 West Seventh Avenue, Suite 1070, Anchorage, Alaska 99501. The questions must be received at least 10 days before the end of the public comment period, by 5:00 p.m. on December 16, 2025, at the latest. The Department of Natural Resources will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and the department’s website.Public nature of comments and questions: Public comments and questions, once submitted, are public records and subject to disclosure under the Alaska Public Records Act. See AS 40.25.100 - 40.25.295. Do NOT include in your comments or questions any information that you do not want made public.Accommodations: If you are a person with a disability who needs a reasonable accommodation in order to participate in this process, please contact Molly Benson via email at dnr.materialsales.regulation@alaska.gov or by phone at 907-269-8601 not later than December 16, 2025, to ensure that any necessary accommodations can be provided.Obtaining copies of proposed regulations: A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Molly Benson at the contact information above.Final version of regulations: After the public comment period ends, the Department of Natural Resources will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.Statutory authority: AS 38.05.020, AS 38.05.110, AS 38.05.115, AS 38.05.555, AS 38.05.810Statutes being implemented, interpreted, or made specific: AS 38.05.020, AS 38.05.110, AS 38.05.115, AS 38.05.555, AS 38.05.810Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.How to receive further notices: The Division of Mining, Land and Water keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all of the division’s notices of proposed regulation changes. To be added to or removed from the list, send a request to Molly Benson at the contact information provided above, giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.Individuals can also sign up to receive automated notifications of all State of Alaska notices, including public notice for regulation changes, by subscribing to the Alaska Online Public Notices System: https://aws.state.ak.us/OnlinePublicNotices/Default.aspx