00 Enrolled HB 361 01 Relating to the Alaska Land Act, including certain leases, sales, and other disposals of state 02 land and materials; relating to production royalties from miners; providing for the conveyance 03 of certain land to the City and Borough of Juneau for the construction of the Auke Bay 04 commercial loading facility; and providing for an effective date. 05 _______________ 06  * Section 1. AS 38.05.050 is amended to read: 07 Sec. 38.05.050. Disposal of land for private ownership. The commissioner 08 shall determine the land to be disposed of for private use. The commissioner shall 09 determine the time and place of disposal. A public [AN] auction sale, a sale by sealed  10 bid, a lottery sale, or a disposal of land for homesites may be held in a community that 11 is near the land to be sold or disposed of. 12  * Sec. 2. AS 38.05.055 is amended to read: 01 Sec. 38.05.055. Auction sale or sealed bid procedures. Unless another 02 method of sale is required under this chapter, AS 38.08, or AS 38.09, the sale of state 03 land shall be made at public auction or by sealed bid, at the discretion of the  04 director, to the highest qualified bidder as determined by the director. The director 05 may accept bids and sell state land under this section at not [NO] less than 70 percent 06 of the appraised fair market value of the land. To qualify to participate under this 07 section in a public auction or sale by sealed bid of state land that is other than 08 commercial, industrial, or agricultural land, a bidder shall have been a resident of the 09 state for at least one year immediately preceding the date of the sale [AUCTION] and 10 submit proof of that fact, as the commissioner requires by regulation. A bidder may be 11 represented by an attorney or agent at a public [THE] auction. An aggrieved bidder 12 may appeal to the commissioner within five days after the sale for a review of the 13 director's determination. The sale shall be conducted by the director, and, at the time 14 of sale, the successful bidder shall deposit an amount equal to five percent of the 15 purchase price. The director shall immediately issue a receipt containing a description 16 of the land or property purchased, the price bid, and the amount deposited. The receipt 17 shall be acknowledged in writing by the bidder. 18  * Sec. 3. AS 38.05.065(a) is amended to read: 19 (a) The contract of sale for land sold at public auction or by sealed bid under 20 AS 38.05.055 shall require the remainder of the purchase price to be paid in monthly, 21 quarterly, or annual installments over a period of not more than 20 years, with interest 22 at the rate provided in (i) of this section. Installment payments plus interest shall be set 23 on the level-payment basis. 24  * Sec. 4. AS 38.05.069(a) is amended to read: 25 (a) After consulting with the Board of Agriculture and Conservation 26 (AS 03.09.010), on a determination that the highest and best use of unoccupied land is 27 for agricultural purposes and that it is in the best interests of the state to sell or lease 28 the land, the commissioner shall grant to an Alaska resident owning and using or 29 leasing and using land for agricultural purposes a first option [AT THE AUCTION] to 30 purchase or lease the unoccupied land situated adjacent to land presently held by the 31 Alaska resident for the amount of the high bid received at public auction or by sealed  01 bid. If more than one Alaska resident qualifies for a first option under this section, 02 eligibility for the first option shall be determined by lot, and the option must be 03 exercised on the conclusion of the public auction or opening of sealed bids. A parcel 04 of agricultural land sold under this section may not be less than 20 acres, and a parcel 05 of agricultural land that is acquired by exercise of the option granted in this subsection 06 may not exceed 320 acres. Agricultural land that is acquired under this section must be 07 used for agricultural purposes as required by law. 08  * Sec. 5. AS 38.05.069(c) is amended to read: 09 (c) Under this section, 10 (1) the director may transfer state land classified for agriculture only 11 for agricultural purposes; 12 (2) the sale or lease shall be at public auction or by sealed bid. 13  * Sec. 6. AS 38.05.070(b) is amended to read: 14 (b) The director, with the approval of the commissioner, shall determine the 15 land to be leased and the limitations, conditions, and terms of the lease. The director 16 shall preserve reasonable and traditional access to state land and water. If the 17 appraised value of the transaction is $10,000 [$5,000] a year or less, the director may 18 negotiate a lease for a period not to exceed 10 years, and on the limitations, 19 conditions, and terms that the director considers are in the best interests of the state. A 20 lease negotiated under this subsection is not eligible for a preference under 21 AS 38.05.102. 22  * Sec. 7. AS 38.05.070 is amended by adding new subsections to read: 23 (d) If, after notice under AS 38.05.945 soliciting interest for a competitive 24 auction, the department determines that only one potential bidder has expressed 25 interest in bidding, the director may cancel the competitive auction and negotiate a 26 lease and its conditions and terms that the director determines to be in the best 27 interests of the state. 28 (e) The director may renew a lease issued under this section, AS 38.05.075, or 29 38.05.810 upon its expiration if the lease is in good standing and the lease renewal is 30 determined to be in the best interests of the state. A renewal issued under this 31 subsection is not subject to AS 38.05.035(e). A lease may be renewed only once for a 01 term not longer than the initial term of the lease. The director shall provide notice of 02 the lease renewal decision. 03  * Sec. 8. AS 38.05.073(g) is amended to read: 04 (g) After soliciting proposals under (e) of this section, if the commissioner 05 determines that two or more potential lessees are acceptable, the commissioner may 06 select the potential lessee who submits the highest bid during a public [AN] auction or 07 by sealed bids, whichever method the commissioner chooses. The minimum bid must 08 equal the amount established by the commissioner plus the administrative fee 09 established under (k) of this section. The commissioner shall also require the potential 10 lessee to make an earnest money deposit under AS 38.05.860(b). After the 11 commissioner selects a potential lessee, the commissioner may begin negotiations with 12 the potential lessee to develop the terms and conditions for the lease. 13  * Sec. 9. AS 38.05.075(a) is amended to read: 14 (a) Except as provided in AS 38.05.035, 38.05.070, 38.05.073, 38.05.082, 15 38.05.083, 38.05.087, 38.05.102, 38.05.565, 38.05.600, 38.05.810, and this section, 16 when competitive interest has been demonstrated or the commissioner  17 determines that it is in the state's best interests, leasing shall be made at public 18 auction or by sealed bid, at the discretion of the director, to the highest qualified 19 bidder as determined by the commissioner. A bidder may be represented by an  20 attorney or agent at a public auction. In the public notice of a lease to be offered at 21 public auction or by sealed bid, the commissioner shall specify a minimum 22 acceptable bid and the lease compensation method. The lease compensation method 23 shall be designed to maximize the return on the lease to the state and shall be a form of 24 compensation set out in AS 38.05.073(m). An aggrieved bidder may appeal to the 25 commissioner within five days for a review of the determination. The leasing shall be 26 conducted by the commissioner, and the successful bidder shall deposit at the public 27 auction or with the sealed bid the first year's rental or other lease compensation as 28 specified by the commissioner, or that portion of it that the commissioner requires in 29 accordance with the bid. The commissioner shall require, under AS 38.05.860, 30 qualified bidders to deposit a sum equal to any survey or appraisal costs reasonably 31 incurred by another qualified bidder acting in accordance with the regulations of the 01 commissioner or incurred by the department under AS 38.04.045 and AS 38.05.840. If 02 a bidder making a deposit of survey or appraisal costs is determined by the 03 commissioner to be the highest qualified bidder under this subsection, the deposit shall 04 be paid to the unsuccessful bidder who incurred those costs or to the department if the 05 department incurred the costs. All costs for survey and appraisal shall be approved in 06 advance in writing by the commissioner. The commissioner shall immediately issue a 07 receipt containing a description of the land or interest leased, the price bid, and the 08 terms of the lease to the successful qualified bidder. If the receipt is not accepted in 09 writing by the bidder under this subsection, the commissioner may offer the land for 10 lease again under this subsection. A lease, on a form approved by the attorney general, 11 shall be signed by the successful bidder and by the commissioner [WITHIN THE 12 PERIOD SPECIFIED IN THE AUCTION NOTICE]. 13  * Sec. 10. AS 38.05.075(e) is amended to read: 14 (e) The commissioner may require prequalification of bidders for a lease to be 15 issued under AS 38.05.070. If the commissioner determines to require 16 prequalification, the procedures established by this section and the notice including 17 prequalification [PRE-QUALIFICATION] requirements required to be given under 18 AS 38.05.945 shall be completed within 75 days of the receipt of the first lease 19 application unless the commissioner grants additional time for the completion of the 20 procedures. Within the 75-day period or the additional time granted by the 21 commissioner, the commissioner shall complete 22 (1) classification under AS 38.05.300; 23 (2) the procedures required by AS 38.05.035(e); 24 (3) any other action required by law for the disposal of the lease to a 25 bidder except survey, appraisal, and the auction or sealed bid. 26  * Sec. 11. AS 38.05.075(g) is amended to read: 27 (g) Notice of an auction or sealed bid required under this section shall be 28 made by certified mail to all prequalified bidders. 29  * Sec. 12. AS 38.05.083(a) is amended to read: 30 (a) The commissioner may offer to the public for lease at public auction or by  31 sealed bid under AS 38.05.075 or by negotiation under AS 38.05.070 a site for 01 aquatic farming or related hatchery operations. Before a final decision to issue or 02 renew a lease under this section, the commissioner shall give notice and allow 03 opportunity for comment in accordance with AS 38.05.945 and may hold a hearing to 04 take testimony. Before a final decision to issue or renew a lease under this section, the 05 commissioner shall consider all relevant comment or testimony submitted under this 06 section, AS 38.05.945, or 38.05.946. 07  * Sec. 13. AS 38.05.110(a) is amended to read: 08 (a) The commissioner shall provide for cruises of timber on [AND 09 APPRAISALS OF OTHER MATERIALS IN OR UPON] state land and shall assess 10 the supply of and current markets for timber on [AND OTHER MATERIALS IN] 11 privately owned land in close proximity to state land to determine 12 (1) the timber [AND OTHER MATERIALS] that should be offered for 13 sale; and 14 (2) the terms of sale of the timber [OR OTHER MATERIALS]. 15  * Sec. 14. AS 38.05.115 is amended to read: 16 Sec. 38.05.115. Limitations and conditions of sale. (a) The commissioner 17 shall determine the timber [AND OTHER MATERIALS] to be sold [,] and the 18 limitations, conditions, and terms of sale. The limitations, conditions, and terms shall 19 include the utilization, development, and maintenance of the sustained yield principle, 20 subject to preference among other beneficial uses. The commissioner may negotiate 21 sales of timber [OR MATERIALS] without advertisement and on the limitations, 22 conditions, and terms that are considered to be in the best interests of the state. Within 23 a one-year period, the commissioner may not negotiate a sale without advertisement to 24 the same purchaser of 25 [(1)] more than 500 M.B.M. or equivalent other measure of timber [; 26 (2) EXCEPT AS PROVIDED IN (3) OF THIS SUBSECTION, 27 MORE THAN 25,000 CUBIC YARDS OF MATERIALS; OR 28 (3) MORE THAN 100,000 CUBIC YARDS OF MATERIALS TO A 29 COMMON CARRIER HOLDING A LEASE UNDER AS 38.35]. 30 (b) Negotiated sales not exceeding 50 M.B.M. or the equivalent other measure 31 of timber [OR 2,500 CUBIC YARDS OF MATERIALS] are exempt from the 01 provisions of AS 34.15.150. 02 (c) The limitations of this section are not applicable to timber that [WHICH] 03 becomes state property under the provisions of AS 45.50.210 - 45.50.235. 04  * Sec. 15. AS 38.05.120 is amended to read: 05 Sec. 38.05.120. Disposal procedure. Timber [AND OTHER MATERIALS] 06 shall be sold either by sealed bids or public auction, depending on which method is 07 determined by the commissioner to be in the best interests of the state, to the highest 08 qualified bidder as determined by the commissioner. An aggrieved bidder may appeal 09 to the commissioner within five days after the sale for a review of the determination. 10 The sale shall be conducted by the commissioner, and, at the time of sale, the 11 successful bidder shall deposit the amount specified in the terms of sale. The means by 12 which the amount of deposit is determined shall be prescribed by appropriate 13 regulation. The commissioner shall immediately issue a receipt containing a 14 description of the timber [OR MATERIALS] purchased, the price bid, and the terms 15 of sale. The receipt shall be accepted in writing by the bidder. A contract of sale, on a 16 form approved by the attorney general, shall be signed by the purchaser, and the 17 contract shall be signed by the commissioner on behalf of the state. The commissioner 18 may impose conditions, limitations, and terms considered necessary and proper to 19 protect the interests of the state. Violation of any provision of this chapter or the terms 20 of the contract of sale subjects the purchaser to appropriate legal action. 21  * Sec. 16. AS 38.05.212(a) is amended to read: 22 (a) In exchange for and to preserve the right to extract and possess the 23 minerals produced, the holder of a mining claim, leasehold location, or mining lease, 24 including a mining lease under AS 38.05.250, shall pay a royalty on all minerals 25 produced from land subject to the claim, leasehold location, or mining lease during 26 each calendar year, or each fiscal year if the miner does not file the mining license  27 tax on a calendar year basis.  28  * Sec. 17. AS 38.05.250(c) is amended to read: 29 (c) Each submerged land mining lease shall be for a period of up to 20 years 30 and for so long as there is production in paying quantities from the leased area. A  31 submerged land mining lease may be renewed for a period of up to 20 years at  01 the discretion of the director if the director determines that the renewal is in the  02 best interests of the state. 03  * Sec. 18. AS 38.05 is amended by adding new sections to read: 04 Article 13A. Material Sales.  05 Sec. 38.05.550. Disposal of materials. (a) All materials owned by the state 06 may be sold or conveyed as provided in AS 38.05.550 - 38.05.565. 07 (b) Materials may only be sold or removed from sources or sites designated by 08 the department. The department shall issue a decision under AS 38.05.035(e) that the 09 sale and extraction of materials from that location is in the best interests of the state at 10 the time each source or site is designated. The department shall give notice, in 11 accordance with AS 38.05.945, of the department's decision to designate a source or 12 site for the sale and extraction of materials. After decision and notice, the department 13 may sell materials continuously, without further finding or notice, from that 14 designated source or site under this section until the source or site is closed by the 15 department. 16 (c) Each sale of materials must be made through a materials sales contract on a 17 form that has been approved by the attorney general. At the time of each sale, the 18 department shall determine 19 (1) the location of the source or site from which materials are to be 20 removed; 21 (2) the method of disposal as provided in AS 38.05.555 - 38.05.565; 22 and 23 (3) the limitations, conditions, and terms of sale, which shall address 24 the utilization, development, and maintenance of the source of the materials. 25 (d) The commissioner shall provide for valuation of materials in or upon state 26 land. Materials sold or conveyed under AS 38.05.550 - 38.05.565 may, at the 27 director's discretion, be sold at 28 (1) representative regional sales prices periodically determined by the 29 commissioner for each type of material and for defined geographic regions, under 30 procedures established by regulation; public notice under AS 38.05.945 must be made 31 whenever the commissioner revises the representative regional sales prices; 01 (2) fair market value determined by appraisal completed and approved 02 within two years of the date of sale; or 03 (3) a price less than appraised value, determined under 04 AS 38.05.810(a). 05 Sec. 38.05.555. Negotiated sales and personal use of materials. (a) 06 Notwithstanding any other provision of AS 38.05.550 - 38.05.565, the director may 07 negotiate the sale of any amount of materials from a source or site designated under 08 AS 38.05.550(b). The period of a contract for a sale of materials negotiated under this 09 section may not exceed five years. 10 (b) Sales of materials under this section must be made at a representative 11 regional sales price set by the commissioner under AS 38.05.550(d)(1) unless 12 (1) the director determines that it is in the best interests of the state to 13 sell the materials at fair market value determined by an appraisal provided by the 14 department; 15 (2) the applicant, at its own cost, elects to provide an appraisal, 16 acceptable to the department, determining the fair market value of the materials to be 17 sold; or 18 (3) the sale is to a state or federal agency or political subdivision under 19 AS 38.05.810(a) and the material to be extracted and removed is used for public 20 purposes; sales under this paragraph may be at a price less than appraised value as 21 determined by the director. 22 (c) Subsequent sales of similar materials from the same source or site may be 23 made by the department at the price established by an appraisal provided under (b) of 24 this section. 25 (d) Individual negotiated contracts for the sale of materials authorized by (a) 26 of this section are not subject to AS 38.05.035(e) or 38.05.945. 27 (e) Materials from a source or site designated under AS 38.05.550(b) may be 28 extracted and removed for personal use without cost up to a limit of two cubic yards a 29 person within a one-calendar-year period. Extraction and removal of materials under 30 this subsection must be approved by the department before extraction operations. 31 (f) Notwithstanding (a) - (e) of this section, for the purpose of creating 01 incentives for the development of peat as a source of heat or power, the director may 02 negotiate the sale of peat to individuals, organized or unorganized communities, tribal 03 governments, or private profit or nonprofit organizations. Under this subsection, the 04 director may provide 05 (1) for personal use by an individual, not more than 200 cubic yards of 06 peat a year at no cost; 07 (2) for commercial use, not more than 30,000 cubic yards of peat 08 during a single 10-year period at no cost; or 09 (3) for commercial use requiring more than 30,000 cubic yards of peat, 10 the amount required by the user during a 10-year period beginning when the user uses 11 more than 30,000 yards of peat at the price of 12 (A) 20 percent of the representative regional sales price 13 determined by the director under AS 38.05.550(d)(1); or 14 (B) 20 percent of the fair market value determined by an 15 appraisal completed under AS 38.05.550(d)(2), if the applicant provides the 16 appraisal at the applicant's expense and the appraisal is approved by the 17 commissioner. 18 Sec. 38.05.560. Competitive sales of materials. (a) The department shall offer 19 materials from a source or site designated under AS 38.05.550(b) for competitive sale 20 if the department determines that 21 (1) the sale would result in an exclusive use by the purchaser of a 22 designated source or site; 23 (2) materials available at a designated source or site are insufficient to 24 supply all anticipated buyers; 25 (3) the size of the designated source or site is too small to 26 accommodate the extraction operations of all anticipated buyers; or 27 (4) it is in the best interests of the state. 28 (b) Notice of a competitive sale of materials from a source or site designated 29 under AS 38.05.550(b) shall be given under AS 38.05.945(a)(4) and shall 30 (1) describe the location of the designated source or site, and the type 31 and quantity of the materials to be sold; 01 (2) solicit potential bidders to register with the department to 02 participate in the proposed sale; only persons registered to bid at a proposed sale of 03 materials may bid; and 04 (3) include the minimum bid for materials to be sold. 05 (c) A notice of competitive sale required under (b) of this section may be 06 combined with a notice required under AS 38.05.550. 07 (d) If, after notice under (b) of this section, only one potential bidder has 08 registered to bid at a proposed competitive sale, the competitive sale may be cancelled 09 and the materials sold by negotiation under AS 38.05.555. 10 (e) Materials sold under this section may be sold either by sealed bid or by 11 public outcry or online auction, in the discretion of the department, to the highest 12 qualified bidder as determined by the department. An aggrieved bidder may appeal to 13 the commissioner under AS 44.37.011 within five days after the sale for a review of 14 the determination. The sale shall be conducted by the director or the director's 15 designee, and, at the time of sale, the successful bidder shall deposit the amount 16 specified in the terms of sale. The means by which the amount of deposit is 17 determined shall be prescribed by regulation. The director shall immediately issue a 18 receipt containing a description of the materials purchased, the price bid, and the terms 19 of sale. The receipt shall be accepted in writing by the bidder. A contract of sale, on a 20 form approved by the attorney general, shall be signed by the purchaser, and the 21 contract shall be signed by the director on behalf of the state. The director may impose 22 conditions, limitations, and terms considered necessary and proper to protect the 23 interests of the state. 24 Sec. 38.05.562. Violations. Violation of any provision of AS 38.05.550 - 25 38.05.565 or the terms of the contract of sale subjects the purchaser to appropriate 26 legal action. 27 Sec. 38.05.565. Sale or disposal of materials for special purposes. (a) The 28 department may negotiate the sale or otherwise dispose of materials from sources or 29 sites other than those designated under AS 38.05.550(b) to 30 (1) municipalities, other state and federal agencies, or other entities 31 under AS 38.05.872; sales under this paragraph may be at less than fair market value, 01 and materials may be disposed of free of charge if the director determines that the 02 disposal is in the public interest; 03 (2) a licensed public utility or a licensed common carrier under 04 AS 38.05.810(e); sales under this paragraph shall be at representative regional sales 05 prices determined under AS 38.05.550(d)(1); or 06 (3) a holder of a permit, land lease, or right-of-way issued by the 07 department, if the materials to be extracted and removed during the construction, use, 08 or maintenance of a facility authorized by a permit, land lease, or right-of-way, are 09 necessary and incidental to the primary purpose of the permit, land lease, or right-of- 10 way, and the materials are put to beneficial use in a way that alters the character, 11 usefulness, or availability of the materials in their native forms; the department may 12 authorize the sale of materials under terms of the permit, land lease, or right-of-way; 13 sales of materials under this paragraph must be at 14 (A) the representative regional sales price established under 15 AS 38.05.550(d)(1) unless the sale is to a state or federal agency, political 16 subdivision, or other entity under AS 38.05.810(a); or 17 (B) a price less than appraised value as determined by the 18 director if the sale is to a state or federal agency, political subdivision, or other 19 entity under AS 38.05.810(a) and the materials to be extracted and removed 20 are used for public purposes. 21 (b) If materials are moved within and not removed from the boundaries of a 22 permit, land lease, or right-of-way issued by the department without altering the 23 character, usefulness, or availability of the materials in their native forms, the 24 applicant may not be required to purchase the materials. 25 (c) In this section, "land lease" 26 (1) means a lease issued under AS 38.05.070 - 38.05.105; 27 (2) does not include a lease issued under AS 38.05.131 - 38.05.275. 28  * Sec. 19. AS 38.05.810(b) is amended to read: 29 (b) Notwithstanding AS 38.05.070 - 38.05.080 and 38.05.095, the director, 30 upon application filed by an applicant eligible under (b) - (d) of this section, may, by 31 negotiation and without competitive bid [PUBLIC AUCTION] in the manner 01 prescribed in (b) - (d) of this section, lease state land for a term of not more than 55 02 years. Before leasing, the director shall prepare a land use plan and a land 03 classification to ensure [INSURE] that the proposed use is compatible with area 04 utilization. Before the land may be leased under (b) - (d) of this section, it must be 05 shown to the satisfaction of the director that the land is to be used for an established or 06 definitely proposed project, and that the eligible applicant has the financial ability to 07 carry out the project. The commissioner may establish limitations on the acreage that 08 [WHICH] may be leased under (b) - (d) of this section to an applicant. 09  * Sec. 20. AS 38.05.810(e) is amended to read: 10 (e) The lease, sale, or other disposal of state land at appraised fair market 11 value may be negotiated with a licensed public utility or a licensed common carrier by 12 the director with the approval of the commissioner if the utility or carrier reasonably 13 requires the land for the conduct of its business under its license. Notwithstanding  14 AS 38.05.550 - 38.05.565, the sale of materials necessary for construction, use, or  15 maintenance of property leased, sold, or disposed of under this section may be  16 negotiated by the director. A lease with a licensed public utility that is an electric 17 utility entered into under this subsection may not include, as part of the rent or other 18 fee that is negotiated or charged, an amount that is based on or determined by a 19 percentage of gross revenue for renewable energy produced by the electric utility. 20  * Sec. 21. AS 38.05.872 is repealed and reenacted to read: 21 Sec. 38.05.872. Disposition of state land and resources for flood control  22 projects. (a) The department may make conveyances of title or other interests in state 23 land, provide for exchange of land, or make other arrangements with respect to state 24 land, as necessary to meet federally established requirements of flood control projects 25 authorized inside the state by the United States. 26 (b) The commissioner may convey materials at less than fair market value to 27 municipalities, other state and federal agencies, or other entities, and make other 28 arrangements for land and materials as mitigation of a flooding area where excess 29 material deposition significantly contributes to the flooding, consistent with a site- 30 specific flood mitigation plan approved by the commissioner and determined to be in 31 the best interests of the public. 01  * Sec. 22. AS 38.05.945(b) is amended to read: 02 (b) When notice is required to be given under this section, 03 (1) the notice must contain sufficient information in commonly 04 understood terms to inform the public of the nature of the action and the opportunity 05 of the public to comment on it; 06 (2) if the notice is of a preliminary written finding described in 07 (a)(3)(A) of this section, the department shall give notice at the beginning of the public 08 comment period for the preliminary written finding, notifying the public of the right to 09 submit comments; the department shall give notice by 10 (A) posting notice on the Alaska Online Public Notice  11 System for at least 30 consecutive days [PUBLICATION OF A LEGAL 12 NOTICE IN NEWSPAPERS OF STATEWIDE CIRCULATION AND IN 13 NEWSPAPERS OF GENERAL CIRCULATION IN THE VICINITY OF 14 THE PROPOSED ACTION AT LEAST ONCE A WEEK FOR TWO 15 CONSECUTIVE WEEKS]; 16 (B) publication of a notice in display advertising form 17 describing the proposed action and referencing the online notice required  18 in (A) of this paragraph in newspapers of statewide circulation and in  19 newspapers of general circulation in the vicinity of the proposed action, if  20 available, [IN THE NEWSPAPERS DESCRIBED IN (A) OF THIS 21 PARAGRAPH] at least once a week for two consecutive weeks; 22 (C) public service announcements on the electronic media 23 serving the area to be affected by the proposed action; and 24 (D) one or more of the following methods: 25 (i) publication of a legal notice in newspapers of  26 statewide circulation or in newspapers of general circulation in the  27 vicinity of the proposed action, if available, at least once a week for  28 two consecutive weeks; 29 (ii) posting in a conspicuous location in the vicinity of 30 the action; 31 (iii) [(ii)] notification of parties known or likely to be 01 affected by the action; or 02 (iv) [(iii)] another method calculated to reach affected 03 parties; 04 (3) if the notice is of an action described in (a) of this section, other 05 than notice of an action under (a)(3)(A) of this section, the department shall give 06 notice at least 30 days before the action by posting notice on the Alaska Online  07 Public Notice System for at least 30 consecutive days [PUBLICATION IN 08 NEWSPAPERS OF STATEWIDE CIRCULATION AND IN NEWSPAPERS OF 09 GENERAL CIRCULATION IN THE VICINITY OF THE PROPOSED ACTION] 10 and by one or more of the following methods: 11 (A) publication of a notice in display advertising form  12 describing the proposed action and referencing the online notice required  13 in this paragraph in newspapers of statewide circulation and in  14 newspapers of general circulation in the vicinity of the proposed action, if  15 available, at least once a week for two consecutive weeks;  16 (B) publication through public service announcements on the 17 electronic media serving the area affected by the action; 18 (C) [(B)] posting in a conspicuous location in the vicinity of 19 the action; 20 (D) [(C)] notification of parties known or likely to be affected 21 by the action; 22 (E) publication of a legal notice, at least 30 days before the  23 action, briefly describing the proposed action and referencing the online  24 notice required in this paragraph in newspapers of statewide circulation  25 and in newspapers of general circulation in the vicinity of the proposed  26 action, if available; or 27 (F) [(D)] another method calculated to reach affected persons. 28  * Sec. 23. AS 38.05.945(b), as amended by sec. 22 of this Act, is amended to read: 29 (b) When notice is required to be given under this section, 30 (1) the notice must contain sufficient information in commonly 31 understood terms to inform the public of the nature of the action and the opportunity 01 of the public to comment on it; 02 (2) if the notice is of a preliminary written finding described in 03 (a)(3)(A) of this section, the department shall give notice at the beginning of the public 04 comment period for the preliminary written finding, notifying the public of the right to 05 submit comments; the department shall give notice by 06 (A) posting notice on the Alaska Online Public Notice System 07 for at least 30 consecutive days; 08 (B) publication of a notice in display advertising form 09 describing the proposed action and referencing the online notice required in 10 (A) of this paragraph in newspapers of statewide circulation and in newspapers 11 of general circulation in the vicinity of the proposed action, if available, at least 12 once a week for two consecutive weeks; 13 (C) public service announcements on the electronic media 14 serving the area to be affected by the proposed action; and 15 (D) one or more of the following methods: 16 (i) publication of a legal notice in newspapers of 17 statewide circulation or in newspapers of general circulation in the 18 vicinity of the proposed action, if available, at least once a week for 19 two consecutive weeks; 20 (ii) posting in a conspicuous location in the vicinity of 21 the action; 22 (iii) notification of parties known or likely to be 23 affected by the action; or 24 (iv) another method calculated to reach affected parties; 25 (3) if the notice is of an action described in (a) of this section, other 26 than notice of an action under (a)(3)(A) of this section, the department shall give 27 notice at least 30 days before the action by posting notice on the Alaska Online Public 28 Notice System for at least 30 consecutive days and by one or more of the following 29 methods: 30 (A) publication of a notice in display advertising form 31 describing the proposed action and referencing the online notice required in 01 this paragraph in newspapers of statewide circulation and in newspapers of 02 general circulation in the vicinity of the proposed action, if available, at least 03 once a week for two consecutive weeks; 04 (B) publication through public service announcements on the 05 electronic media serving the area affected by the action; 06 (C) posting in a conspicuous location in the vicinity of the 07 action; 08 (D) notification of parties known or likely to be affected by the 09 action; or 10 (E) [PUBLICATION OF A LEGAL NOTICE, AT LEAST 30 11 DAYS BEFORE THE ACTION, BRIEFLY DESCRIBING THE PROPOSED 12 ACTION AND REFERENCING THE ONLINE NOTICE REQUIRED IN 13 THIS PARAGRAPH IN NEWSPAPERS OF STATEWIDE CIRCULATION 14 AND IN NEWSPAPERS OF GENERAL CIRCULATION IN THE 15 VICINITY OF THE PROPOSED ACTION, IF AVAILABLE; OR 16 (F)] another method calculated to reach affected persons. 17  * Sec. 24. AS 38.05.965(10) is repealed and reenacted to read: 18 (10) "materials" 19 (A) means all common variety rock and minerals of any 20 quality, that are saleable and not subject to location under state or federal 21 mining laws; 22 (B) includes aggregate, riprap, railroad ballast, road ballast, 23 road metal, peat, silt, loam, sand, gravel, stone, pumice, and common clay; 24  * Sec. 25. AS 41.23.470(b) is amended to read: 25 (b) The commissioner may conduct only a negotiated timber [OR 26 MATERIAL] sale under AS 38.05.115 to provide for personal use, including house 27 logs and firewood, or for a use incidental to the construction of access, or for habitat 28 enhancement. 29  * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 AUTHORIZING LAND CONVEYANCE. The Department of Natural Resources 01 shall convey all right, title, and interest to the following described parcel to the City and 02 Borough of Juneau, subject to the reservations described in AS 38.05.125 and the provisions 03 of AS 38.05.127, for the purpose of meeting permit mitigation requirements relating to 04 construction of the Auke Bay commercial loading facility. 05 The following parcel is located within Section 21, Township 40 South, Range 65 East, 06 of the Copper River Meridian, Alaska, and within the City and Borough of Juneau and is 07 more particularly described as follows: 08 Commencing at meander corner 1 of U.S. Survey 1370, as shown on the official 09 Subdivision Plat, Indian Cove recorded as plat No. 363 in the Juneau Recording District, State 10 of Alaska, from which meander corner 2 of said plat bears South 28 degrees 06 minutes 00 11 seconds West, a distance of 605.22 feet thus being the Basis of bearing for this legal 12 description. Said corner 1 is identical to corner 2 of lot 1 U.S. Survey 3811. Said corner is the 13 True Point of Beginning for this description. Thence along the meander line of U.S. Survey 14 3811 North 44 degrees 46 minutes 00 seconds East, a distance of 150.48 feet; thence 15 continuing on said meander line North 70 degrees 34 minutes 00 seconds East, a distance of 16 593.34 feet; thence North 79 degrees 06 minutes 00 seconds East, a distance of 284.46 feet; 17 thence South 25 degrees 52 minutes 00 seconds East, a distance of 168.96 feet; thence South 18 80 degrees 04 minutes 00 seconds East, a distance of 126.72 feet; thence South 48 degrees 07 19 minutes 00 seconds East, a distance of 318.78 feet; thence South 77 degrees 47 minutes 00 20 seconds East, a distance of 91.74 feet; thence North 74 degrees 06 minutes 00 seconds East, a 21 distance of 88.44 feet leaving the northeast boundary of U.S. Survey 3811, thence North 11 22 degrees 19 minutes 05 seconds West, a distance of 519.03 feet; thence North 32 degrees 21 23 minutes 39 seconds West, a distance of 600.96 feet; thence North 89 degrees 49 minutes 53 24 seconds West, a distance of 501.10 feet; thence North 15 degrees 08 minutes 37 seconds 25 West, a distance of 99.62 feet to the Glacier Highway right-of-way and a point of cusp on a 26 curve concave to the south having a radius of 1808.97 feet and being subtended by a chord 27 that bears South 65 degrees 06 minutes 30 seconds West, 316.06 feet; thence westerly along 28 said right-of-way curve, a distance of 316.46 feet; thence along said right-of-way South 60 29 degrees 05 minutes 48 seconds West, a distance of 702.26 feet to a point of cusp on a right-of- 30 way curve concave to the south having a radius of 1809.19 feet and being subtended by a 31 chord that bears South 54 degrees 27 minutes 34 seconds West, 355.43 feet; thence along said 01 right-of-way curve a distance of 356.01 feet to a point on the northern boundary of U.S. 02 Survey 1370; thence along said boundary South 15 degrees 16 minutes 27 seconds East, a 03 distance of 430.26 feet; thence continuing along said boundary North 52 degrees 29 minutes 04 14 seconds East, a distance of 283.96 feet; thence continuing along said boundary South 28 05 degrees 01 minute 44 seconds East, a distance of 211.14 feet; thence continuing along said 06 boundary North 78 degrees 52 minutes 46 seconds East, a distance of 144.82 feet to the True 07 Point of Beginning, containing 31.96 acres, more or less. 08 * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 REVISOR'S INSTRUCTION. The revisor of statutes is instructed to change 11 (1) the heading of art. 4 of AS 38.05 from "Disposal of Timber and Materials" 12 to "Disposal of Timber"; 13 (2) the catch line of AS 38.05.110 from "Sale of timber and materials; 14 account" to "Sale of timber." 15  * Sec. 28. Section 23 of this Act takes effect July 1, 2017. 16  * Sec. 29. Except as provided in sec. 28 of this Act, this Act takes effect July 1, 2012.