HCS CSSB 16(RES): "An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select additional state public domain land, and defining net income from the University of Alaska's endowment trust fund as 'university receipts' subject to prior legislative appropriation."
00HOUSE CS FOR CS FOR SENATE BILL NO. 16(RES) 01 "An Act relating to the University of Alaska and university land, authorizing the 02 University of Alaska to select additional state public domain land, and defining 03 net income from the University of Alaska's endowment trust fund as 'university 04 receipts' subject to prior legislative appropriation." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. FINDINGS AND PURPOSE. The legislature finds that 07 (1) as the beneficiary under the provisions of the Acts of August 30, 1890, and 08 March 4, 1907, designating the Alaska Agricultural College and School of Mines as 09 beneficiary, and of March 4, 1915, 38 Stat. 1214, transferring certain land for its location and 10 support, the University of Alaska is a land grant university; 11 (2) under the Acts of March 4, 1915, 38 Stat. 1214, and January 21, 1929, 45 12 Stat. 1091, the Congress of the United States granted to the Territory of Alaska certain federal 13 land to be held in trust for the benefit of the predecessor of the University of Alaska; 14 (3) the Territory was unable to receive most of the land conveyed by the Act
01 of March 4, 1915, before repeal of that Act by Sec. 6(k) of the Alaska Statehood Act (P.L. 02 85-508, 72 Stat. 339); 03 (4) the Congress of the United States granted the State of Alaska the right to 04 select 102,500,000 acres of federal land under Sec. 6(b) of the Alaska Statehood Act; 05 (5) the land selection rights embodied in the Alaska Statehood Act reflect in 06 part congressional recognition that the state would need the land to support its government and 07 programs, and the Congress assumed that the State of Alaska would in turn devote some of 08 the land or the income from it for the use and benefit of the University of Alaska; 09 (6) most land grant colleges in the western United States have obtained a larger 10 land grant from the federal government than the University of Alaska has received; 11 (7) an academically strong and financially secure state university system is a 12 cornerstone to the long-term development of a stable population and to a healthy, diverse 13 economy in the state; 14 (8) it is in the best interests of the state and the University of Alaska that the 15 university take ownership of a significant and substantial portfolio of income producing land 16 in order to provide income for the support of public higher education in the state; and 17 (9) renewable resources should be managed on a sustained yield basis, taking 18 into account the total land grant. 19 * Sec. 2. LEGISLATIVE INTENT. It is the intent of the legislature that the University 20 of Alaska encourage the development of in-state value-added industries to the maximum extent 21 feasible when developing land conveyed under AS 14.40.365. 22 * Sec. 3. AS 14.40.170(a) is amended to read: 23 (a) The Board of Regents shall 24 (1) appoint the president of the university by a majority vote of the 25 whole board, and the president may attend meetings of the board; 26 (2) fix the compensation of the president of the university, all heads of 27 departments, professors, teachers, instructors, and other officers; 28 (3) confer such appropriate degrees as it may determine and prescribe; 29 (4) have the care, control, and management of 30 (A) all the real and personal property of the university; and 31 (B) land
01 (i) conveyed to the Board of Regents by the 02 commissioner of natural resources in the settlement of the claim of the 03 University of Alaska to land granted to the state in accordance with the 04 Act of March 4, 1915 (38 Stat. 1214), as amended, and in accordance 05 with the Act of January 21, 1929 (45 Stat. 1091), as amended; and 06 (ii) selected by the University of Alaska and conveyed 07 to it by the commissioner of natural resources under AS 14.40.365, 08 except as provided in AS 14.40.368(2); 09 (5) keep a correct and easily understood record of the minutes of every 10 meeting and all acts done by it in pursuance of its duties; 11 (6) under procedures to be established by the commissioner of 12 administration, and in accordance with existing procedures for other state agencies, 13 have the care, control, and management of all money of the university and keep a 14 complete record of all money received and disbursed; 15 (7) adopt reasonable rules for the prudent trust management and the 16 long-term financial benefit to the university of the land of the university; 17 (8) provide public notice of sales, leases, exchanges, and transfers of 18 the land of the university or of interests in land of the university; 19 (9) report each year within the first 10 days of the convening of a 20 regular session of the legislature on the expenditures made during the preceding fiscal 21 year from the funds of the University of Alaska that are derived from sales, leases, 22 exchanges, or transfers of the land of the university or of interests in land of the 23 university 24 (A) that were conveyed to the University of Alaska in 25 settlement of the claim of the University of Alaska to land granted to the state 26 in accordance with the Act of March 4, 1915 (38 Stat. 1214), as amended, and 27 in accordance with the Act of January 21, 1929 (45 Stat. 1091), as amended; 28 and 29 (B) that were selected by and conveyed to the University of 30 Alaska under AS 14.40.365. 31 * Sec. 4. AS 14.40.280 is amended to read:
01 Sec. 14.40.280. ENDOWMENTS AND DONATIONS. All monetary gifts, 02 bequests, or endowments that are made to the University of Alaska for the purpose of 03 the separate trust fund created under AS 14.40.400 shall be held by the university. 04 The university [TRANSFERRED TO THE DEPARTMENT OF REVENUE. THE 05 DEPARTMENT OF REVENUE] shall manage that money in accordance with 06 AS 14.40.400. Title to and control or possession of land, personal property, and all 07 money [OTHER THAN] that [TRANSFERRED TO THE DEPARTMENT OF 08 REVENUE, WHICH] is devised, bequeathed, or given to the university shall be taken 09 by the university in its corporate capacity acting by and through the regents or an 10 authorized agent, and shall be entered in the perpetual inventory of the university. 11 * Sec. 5. AS 14.40.291 is amended to read: 12 Sec. 14.40.291. LAND OF THE UNIVERSITY OF ALASKA NOT PUBLIC 13 DOMAIN LAND. (a) Notwithstanding any other provision of law, university-grant 14 land, state replacement land that becomes university-grant land on conveyance to the 15 university, land selected by and conveyed to the University of Alaska under 16 AS 14.40.365, and any other land owned by the University of Alaska is not and may 17 not be treated as state public domain land. However, land conveyed to the 18 University of Alaska under AS 14.40.365 shall be treated as other public land and 19 shall be managed under AS 14.40.366 and rules or regulations of the Board of 20 Regents of the University. 21 (b) Title to or interest in [TO] land described in (a) of this section may not 22 be acquired by adverse possession, prescription, or in any other manner except by 23 conveyance from the university. 24 (c) The land described in (a) of this section is subject to condemnation for 25 public purpose in accordance with law. 26 * Sec. 6. AS 14.40 is amended by adding a new section to read: 27 Sec. 14.40.365. UNIVERSITY LAND FROM STATEHOOD ACT LAND 28 SELECTION CONVEYANCES. (a) The University of Alaska may select and, except 29 as provided in (n) of this section, is entitled to receive the conveyance of 350,000 30 acres of land conveyed to the state under sec. 6(b) of the Alaska Statehood Act (P.L. 31 85-508, 72 Stat. 339) that, on the date of its selection by the university,
01 (1) has not been conveyed by the state; 02 (2) has not been reserved by law from the public domain; 03 (3) is not land 04 (A) included in a five-year proposed oil and gas leasing 05 program under AS 38.05.180(b); or 06 (B) leased under, or for which a lease application is pending 07 under, AS 38.05.180(d); 08 (4) is not subject to a possessory interest or encumbrance other than 09 (A) a lease that is not an oil or gas lease; 10 (B) a timber contract; 11 (C) a mining claim, a prospecting site, or a prospecting permit 12 on tide or submerged land; 13 (D) a sale of materials under AS 38.05.110 - 38.05.120; 14 (E) a land use permit or right-of-way issued by the Department 15 of Natural Resources under AS 38.05; 16 (5) is not necessary to carry out the purpose of an interagency land 17 management agreement; or 18 (6) is not subject to conveyance under a land exchange or land 19 settlement agreement. 20 (b) Notwithstanding AS 38.05.125(a), the transfer of ownership and 21 management of land from the Department of Natural Resources to the Board of 22 Regents of the University of Alaska under this section includes 23 (1) the interest of the state in the coal, ores, minerals, fissionable 24 materials, geothermal resources, and fossils that may be in or on the land; and 25 (2) the interest of the state in the oil and gas that may be in or on the 26 land, but only as to land that is selected by the University of Alaska under this section 27 on and after the date that is the fifth anniversary of the effective date of this section. 28 (c) When the University of Alaska selects the land to which it is entitled under 29 this section, 30 (1) selections must be made in parcels of 40 acres, or larger whenever 31 practical, whether surveyed or unsurveyed; and
01 (2) unless the commissioner of natural resources determines under (e) 02 of this section that title to the land should not be conveyed, the commissioner of 03 natural resources shall convey, subject to divestiture under (n) of this section, a 04 document of interim conveyance under (k) of this section or a patent to land. 05 (d) Notwithstanding any other provision of law, on land selected by but not 06 yet patented to the University of Alaska or for which a document of interim 07 conveyance has not been issued to the University of Alaska under this section, 08 (1) the state is authorized to enter into contracts and grant leases, 09 licenses, prospecting sites, claims, permits, rights-of-way, or easements and any interim 10 conveyance or patent shall be subject to the contract, lease, license, prospecting site, 11 claim, permit, right-of-way, or easement, except that the authority granted the state by 12 this subsection 13 (A) is the authority that the state otherwise would have had 14 under existing laws and regulations had the land not been selected by the 15 University of Alaska; and 16 (B) may be exercised only if the University of Alaska has 17 concurred before the action is taken by the state; 18 (2) 90 percent of the proceeds derived from contracts, leases, licenses, 19 prospecting sites, claims, permits, rights-of-way, or easements, or from trespasses, 20 originating after the date of selection by the University of Alaska shall be held by the 21 state until the land has been conveyed by the patent or by a document of interim 22 conveyance; upon the issuance of a document of interim conveyance or a patent, the 23 state shall pay to the University of Alaska the proceeds allocable to the land that were 24 derived from the contracts, leases, licenses, prospecting sites, claims, permits, rights-of-way, or easements, or from 25 trespasses, and subsequent to the issuance of a document 26 of interim conveyance or a patent, the University of Alaska shall receive 100 percent 27 of the proceeds derived from the contracts, leases, licenses, prospecting sites, claims, 28 permits, rights-of-way, or easements, or from trespasses; 29 (3) responsibility for management of contracts, leases, licenses, 30 prospecting sites, claims, permits, rights-of-way, or easements vests with the University 31 of Alaska upon issuance of a patent or a document of interim conveyance.
01 (e) The commissioner of natural resources may not convey title to a land 02 selection made by the University of Alaska under this section if the commissioner 03 determines that the proposed selection 04 (1) includes land for which, at the time of its selection under this 05 section, 06 (A) a municipality has made a selection under AS 29.65, unless 07 the land selection is, at a later date, rejected by the commissioner of natural 08 resources or relinquished by the municipality; or 09 (B) the commissioner reasonably believes the land may be 10 selected by a municipality under AS 29.65.030, but the commissioner may not 11 withhold under this subparagraph the conveyance of title to land selected by the 12 university longer than three years after the date of the municipality's 13 incorporation; 14 (2) includes land that, at the time of its selection under this section, 15 (A) is subject to an oil and gas exploration license; or 16 (B) the commissioner reasonably believes will be made part of, 17 an oil and gas exploration license issued under AS 38.05.131 - 38.05.134; the 18 commissioner may not refuse to convey title to land to the University of Alaska 19 under this subparagraph for more than three years after its first selection by the 20 University of Alaska; 21 (3) is not in the best interests of the state; in making a determination 22 under this paragraph as to whether a selection by the University of Alaska is in the 23 best interests of the state, the commissioner shall consider 24 (A) the interest of the general public in retention of the land in 25 state ownership; 26 (B) ensuring an appropriate diversity in the character of land 27 owned by the state and by the University of Alaska; 28 (C) the public benefits achieved by conveyance of the land to 29 the University of Alaska; 30 (D) the probable potential for the development of the land and 31 its resources and the probable income to the University of Alaska from the
01 conveyance of the land; 02 (E) benefits to the University of Alaska from the conveyance 03 of the land to it; and 04 (F) the efficiency of the management of the land resulting from 05 the conveyance of the land. 06 (f) If the Board of Regents of the University of Alaska disagrees with a 07 decision of the commissioner of natural resources not to convey to the University of 08 Alaska land selected by it under this section, the Board of Regents and the 09 commissioner of natural resources shall submit the matter to the governor, who shall 10 make the decision. The decision of the governor is final. 11 (g) When land is conveyed to the University of Alaska under this section, the 12 University of Alaska takes the land subject to any possessory interest held by another 13 person on the effective date of the conveyance. Except as provided in 14 AS 14.40.368(1), the University of Alaska is entitled to receive the consideration due 15 under that interest for the duration of the interest. 16 (h) In conveying land to the University of Alaska under this section, the 17 commissioner of natural resources shall give public notice under AS 38.05.945(b) and 18 (c) and provide for access under AS 38.05.127, but other provisions of AS 38.04 and 19 AS 38.05 do not apply. 20 (i) Land transferred or conveyed to the University of Alaska under this section 21 (1) is subject to 22 (A) section 6(i) of the Alaska Statehood Act (P.L. 85-508, 72 23 Stat. 339); 24 (B) art. IX of the state constitution; 25 (C) AS 19.10.010; 26 (D) payment to the Alaska permanent fund of the amounts 27 required by AS 37.13.010(a) and (b); and 28 (E) the rights of the state under former 43 U.S.C. 932 (sec. 8, 29 Act of July 26, 1866, 14 Stat. 253); 30 (2) excludes any interest transferred to the state by quit claim deed 31 dated June 30, 1959, under authority of the Alaska Omnibus Act, P.L. 86-70, 73 Stat.
01 141; 02 (3) based on a land selection filed by the University of Alaska on or 03 after the effective date of this section and until the day before the day that is the fifth 04 anniversary of the effective date of this section is subject to reservation by the state 05 in perpetuity of all oil and gas that may be in or on the land, together with the right 06 to explore the land for oil and gas and to remove from the land all oil and gas located 07 in and on it. 08 (j) The University of Alaska shall bear all costs of selection, platting, 09 surveying, and, except as provided in (l) of this section, conveyance of the land that 10 it selects under this section and, subject to appropriation, shall reimburse the 11 Department of Natural Resources for the reasonable costs incurred by that department 12 relating to that selection, platting, surveying, and conveyance. As to land due the 13 University of Alaska under (c) of this section because it has not been disapproved 14 under (e) of this section, 15 (1) if the land has been surveyed, the boundaries of the land conveyed 16 must conform to the public land subdivisions established by the approved survey; 17 (2) if the land is unsurveyed, the commissioner shall survey the exterior 18 boundaries of the land to be conveyed without interior subdivision, and shall issue 19 patent in terms of the exterior boundary survey within one year of request by the 20 University of Alaska. 21 (k) For land due the University of Alaska under (c) of this section that is 22 unsurveyed, pending the survey of exterior boundaries and issuance of patent, the 23 commissioner of natural resources shall, within one year of request by the University 24 of Alaska, prepare and provide to the University of Alaska a document of interim 25 conveyance for the land to be conveyed. 26 (l) Except as provided in AS 14.40.368(2), management of land conveyed to 27 the University of Alaska by patent or by a document of interim conveyance vests with 28 the University of Alaska from the date of recording of the patent or document of 29 interim conveyance. The state shall pay the cost of recording all patents and 30 documents of interim conveyance. 31 (m) The University of Alaska may not make a land selection under this section
01 after December 31, 2009. 02 (n) When the commissioner of natural resources issues a document of interim 03 conveyance under (k) of this section or a patent for land selected and held by the 04 University of Alaska, the commissioner of natural resources shall retain the right to 05 reenter the land conveyed and recover title to it. The commissioner of natural 06 resources shall reenter and recover title 07 (1) if, on the 10th anniversary of the execution of the conveyance, the 08 commissioner finds that the University of Alaska is not actively managing the land to 09 provide income for the support of its education programs; however, if at any time 10 during the 10-year period, litigation, including any appeal, has prevented the University 11 of Alaska from actively managing the land to provide income, the date on which the 12 commissioner of natural resources shall make the finding required by this paragraph 13 is extended by a period equal to the period attributable to the litigation during which 14 the University of Alaska was prevented from actively managing the land to provide 15 income; for purposes of this paragraph, "actively managing the land to provide 16 income" means that the University of Alaska is deriving revenue from the land 17 selection, or has in place a development program to derive income from the land 18 selection; or 19 (2) if, before January 1, 2010, any land selected and conveyed to the 20 University of Alaska under this section is conveyed, except in an acre-for-acre land 21 exchange, directly by the University of Alaska or indirectly by third parties, to the 22 United States; the reentry and recovery of title under this paragraph terminates the 23 university's title or ownership interest in all land conveyed to it under this section and 24 the University of Alaska may not thereafter make any other land selections under this 25 section. 26 * Sec. 7. AS 14.40 is amended by adding new sections to read: 27 Sec. 14.40.366. MANAGEMENT AND DISPOSITION OF UNIVERSITY 28 LAND. (a) The Board of Regents shall, by rule or regulation, establish procedures 29 for mineral entry or location and mineral leasing on university land selections made 30 under AS 14.40.365 that are substantially similar to mineral entry, location, and leasing 31 procedures for state land under AS 38.05.185 - 38.05.275.
01 (b) Notwithstanding other provisions of law, the University of Alaska shall 02 seek public comment on proposals for development or sale of university selections 03 made under AS 14.40.365. The Board of Regents shall adopt policies which provide 04 that the university shall prepare an annual plan for management and disposition of 05 university land under this section and shall, not less than 60 days before scheduled 06 approval by the Board of Regents of the plan 07 (1) make copies of the plan available at all legislative information 08 offices and at such other locations as the university may designate; 09 (2) publish a notice in newspapers of general circulation in the state 10 which provides the public with information on the locations where the plan is available 11 for public inspection; 12 (3) give notice to all legislators and to local governments with 13 jurisdiction over the land affected by the proposal; and 14 (4) seek public comment on the annual plan prior to action by the 15 Board of Regents approving the plan. 16 Sec. 14.40.368. MANAGEMENT AND DISPOSITION OF INCOME FROM 17 EXISTING ENCUMBRANCES. For the land selected by and conveyed to the 18 University of Alaska under AS 14.40.365 that is subject to a lease, contract, 19 prospecting site, claim, sale, permit, or right-of-way identified in AS 14.40.365(a)(4) 20 (1) the state is entitled to receive the income obtained from the lease, 21 contract, prospecting site, claim, sale, permit, or right-of-way for the duration of the 22 term of the lease, contract, prospecting site, claim, sale, permit, or right-of-way, and 23 during any renewal of it that is authorized by the lease, contract, prospecting site, 24 claim, sale, permit, or right-of-way, or by law; 25 (2) the responsibility for the management of the land vests with the 26 University of Alaska only upon conclusion of the term of the lease, contract, 27 prospecting site, claim, sale, permit, or right-of-way, and any renewal authorized by 28 the lease, contract, prospecting site, claim, sale, permit, or right-of-way, by law. 29 Sec. 14.40.369. CUSTOMARY AND TRADITIONAL USES TO BE 30 CONTINUED. When land selected by the University of Alaska under AS 14.40.365 31 has been conveyed to it, before conveying or disposing of an interest in land to a third
01 party, the University of Alaska shall manage the land in a manner that permits 02 customary and traditional uses of the resources of that land to the maximum extent 03 practicable. 04 * Sec. 8. AS 14.40 is amended by adding a new section to read: 05 Sec. 14.40.375. TORT IMMUNITY FOR PERSONAL INJURIES, DEATH, 06 OR PROPERTY DAMAGE OCCURRING ON UNIVERSITY LAND. (a) 07 Notwithstanding AS 09.65.200 and except as provided in (b) of this section, the 08 University of Alaska is not liable in tort, except for an affirmative act that constitutes 09 gross negligence or reckless or intentional misconduct, for damages for the injury to 10 or death of a person, or for property damage to the property of a person, who enters 11 onto or remains on land owned by the University of Alaska. 12 (b) The provisions of (a) of this section do not apply to damages for injury to 13 or death of a person, or for property damage to the property of a person, that occurs 14 on land of the University of Alaska that, after receipt of title to the land by the 15 University of Alaska, has been improved and is actively maintained by the University 16 of Alaska. 17 * Sec. 9. AS 14.40.400(a) is amended to read: 18 (a) The University of Alaska [DEPARTMENT OF REVENUE] shall establish 19 a separate endowment trust fund in which all net income derived from the sale or lease 20 of the land granted under the Act of Congress approved January 21, 1929, and the 21 land selected by and conveyed to the University of Alaska under AS 14.40.365, and 22 in which all monetary gifts, bequests, or endowments made to the University of Alaska 23 for the purpose of the fund, shall be held in trust. 24 * Sec. 10. AS 14.40.400(b) is amended to read: 25 (b) The president of the University of Alaska [COMMISSIONER OF 26 REVENUE] is the fiduciary of the trust fund and shall account for and invest the fund 27 as set out for the commissioner of revenue in AS 37.14.110(c), 37.14.160, and 28 37.14.170, except that the president of the university [COMMISSIONER] shall report 29 the condition and investment performance of the fund to the Board of Regents and to 30 the legislature. 31 * Sec. 11. AS 14.40.491 is amended to read:
01 Sec. 14.40.491. DEFINITION OF UNIVERSITY RECEIPTS. In 02 AS 14.40.120 - 14.40.491, "university receipts" includes 03 (1) student fees, including tuition; 04 (2) receipts from university auxiliary services; 05 (3) recovery of indirect costs of university activities; 06 (4) the net income of the trust fund established in AS 14.40.400 and 07 receipts from sales and rentals of university property; 08 (5) federal receipts; 09 (6) gifts, grants, and contracts; and 10 (7) receipts from sales, rentals, and the provision of services of 11 educational activities. 12 * Sec. 12. AS 29.45.030(a) is amended to read: 13 (a) The following property is exempt from general taxation: 14 (1) municipal property, including property held by a public corporation 15 of a municipality, [OR] state property, or property of the University of Alaska, 16 except that 17 (A) a private leasehold, contract, or other interest in the 18 property is taxable to the extent of the interest; 19 (B) notwithstanding any other provision of law, property 20 acquired by an agency, corporation, or other entity of the state through 21 foreclosure or deed in lieu of foreclosure and retained as an investment of a 22 state entity is taxable; this subparagraph does not apply to federal land granted 23 to the University of Alaska under AS 14.40.380 or 14.40.390, [OR] to other 24 land granted to the university by the state to replace land that had been granted 25 under AS 14.40.380 or 14.40.390, or to land conveyed by the state to the 26 University of Alaska under AS 14.40.365; 27 (C) an ownership interest of a municipality in real property 28 located outside the municipality acquired after December 31, 1990, is taxable 29 by another municipality; however, a borough may not tax an interest in real 30 property located in the borough and owned by a city in that borough; 31 (2) household furniture and personal effects of members of a
01 household; 02 (3) property used exclusively for nonprofit religious, charitable, 03 cemetery, hospital, or educational purposes; 04 (4) property of a nonbusiness organization composed entirely of persons 05 with 90 days or more of active service in the armed forces of the United States whose 06 conditions of service and separation were other than dishonorable, or the property of 07 an auxiliary of that organization; 08 (5) money on deposit; 09 (6) the real property of certain residents of the state to the extent and 10 subject to the conditions provided in (e) of this section; 11 (7) real property or an interest in real property that is exempt from 12 taxation under 43 U.S.C. 1620(d), as amended; 13 (8) property of a political subdivision, agency, corporation, or other 14 entity of the United States to the extent required by federal law; except that a private 15 leasehold, contract, or other interest in the property is taxable to the extent of that 16 interest; 17 (9) natural resources in place including coal, ore bodies, mineral 18 deposits, and other proven and unproven deposits of valuable materials laid down by 19 natural processes, unharvested aquatic plants and animals, and timber. 20 * Sec. 13. AS 36.30.850(b)(15) is amended to read: 21 (15) a contract that is a delegation, in whole or in part, of investment 22 powers held by the commissioner of revenue under [AS 14.40.400,] AS 14.42.200, 23 14.42.210, AS 18.56.095, AS 37.10.070, 37.10.071, or AS 37.14; 24 * Sec. 14. AS 14.40.400(e) is repealed. 25 * Sec. 15. UNIVERSITY OF ALASKA ENDOWMENT TRUST FUND: TRANSITION. 26 A contract, right, liability, or obligation in effect on the effective date of this Act remains in 27 effect notwithstanding the amendments to AS 14.40.280 or 14.40.400 made in secs. 4, 9, 10, 28 and 14 of this Act. Assets and liabilities of the University of Alaska endowment trust fund 29 held by the Department of Revenue on the effective date of this Act shall be transferred by 30 the Department of Revenue to the University of Alaska to implement this Act. 31 * Sec. 16. APPLICABILITY OF UNIVERSITY SELECTION RIGHTS UNDER
01 AS 14.40.365 TO CERTAIN LAND. In addition to the land that, under AS 14.40.365(e), the 02 commissioner of natural resources may not convey to the University of Alaska, the 03 commissioner of natural resources may not convey land that, at the time of its selection by 04 the university, is subject to designation for conveyance or conveyance to the Alaska Mental 05 Health Trust Authority under sec. 40, ch. 5, FSSLA 1994, as amended by secs. 4 and 5, 06 ch. 1, SSSLA 1994, and may not convey land that, at the time of its selection by the 07 university, is land obtained under the Alaska Mental Health Enabling Act of 1956, P.L. 84 - 08 830, 70 Stat. 709, redesignated by ch. 181, SLA 1978, as state general grant land, not later 09 disposed of by the state, and not part of the mental health trust as reconstituted by ch. 66, 10 SLA 1991, ch. 5, FSSLA 1994, and ch. 1, SSSLA 1994, until all litigation regarding 11 reconstitution of the mental health trust has been concluded.