CSHB 38(CRA): "An Act relating to supplemental general grant land entitlements for boroughs and unified municipalities."
00CS FOR HOUSE BILL NO. 38(CRA) 01 "An Act relating to supplemental general grant land entitlements for boroughs and 02 unified municipalities." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 29.65 is amended by adding a new section to read: 05 Sec. 29.65.035. Supplemental entitlements. (a) A borough or unified 06 municipality may apply to the director for a supplemental general grant land 07 entitlement of up to 50,000 acres. Only vacant, unappropriated, or unreserved land 08 located within the boundaries of the municipality may be selected to fulfill a 09 supplemental entitlement, and selections shall be made before January 1, 2012. 10 (b) The director shall estimate the total administrative cost to the Department 11 of Natural Resources attributable to implementation of the supplemental general grant 12 land entitlement for each borough and unified municipality. A municipality must pay 13 the estimated cost before selecting land to fulfill its entitlement. If, during the 14 selection or conveyance process, actual cost to the Department of Natural Resources
01 exceeds the estimated cost, the director shall collect from the municipality the 02 additional amount necessary to pay the actual cost. After the entitlement is fulfilled 03 and subject to an appropriation for the purpose, any amount collected that is 04 determined by the director to have exceeded the actual cost shall be refunded to the 05 municipality. Amounts collected under this subsection shall be deposited into the 06 general fund. 07 * Sec. 2. AS 29.65.050(b) is amended to read: 08 (b) All approved selections under former AS 29.18.190 and 29.18.200 for 09 which patent has not been issued to a municipality on July 1, 1978, shall be reviewed 10 by the director within nine months after July 1, 1978. Any approved selection of land 11 that was vacant, unappropriated, or unreserved on the date of selection is valid as of 12 the date of the approval under former AS 29.18.190, 29.18.200, 29.18.201, 29.18.202, 13 and 29.18.203, and a patent shall be issued to the municipality within three months 14 after approval by the director of a plat of survey. The acreage shall be credited toward 15 fulfillment of the municipality's entitlement. A municipality is not entitled to receive 16 patent under this chapter to more than its entitlement determined under AS 29.65.010 - 17 29.65.030 and 29.65.035. Any prior approval by the director of municipal selections 18 for land that was not vacant, unappropriated, or unreserved on the date of selection 19 shall be rescinded, and patent may not be issued except when disposal to a third party 20 by sale or lease has occurred. Transfers of land to municipalities under this chapter 21 are subject to AS 38.05.321. Classification actions as reflected on the land status 22 records of the Department of Natural Resources are determinative of land classification 23 status for purposes of this chapter. 24 * Sec. 3. AS 29.65.050(c) is amended to read: 25 (c) The director shall approve or disapprove each selection for patent within 26 nine months of its selection by a municipality. Before a decision is issued, the 27 Department of Community and Regional Affairs shall review the selection and 28 recommend approval or disapproval of it. The director may disapprove a selection 29 only upon a finding that the public interest in retaining state ownership of the land 30 outweighs the municipality's interest in obtaining the land. A patent shall be issued 31 to the municipality for land selected in satisfaction of a general grant land entitlement
01 vested under AS 29.65.010 - 29.65.030 or 29.65.035 within three months after 02 approval by the director of a plat of survey. 03 * Sec. 4. AS 29.65.080(g) is amended to read: 04 (g) Payments authorized by this section may not be made to a municipality 05 eligible for an entitlement under AS 29.65.020, [OR] 29.65.030, or 29.65.035.