00 CS FOR HOUSE BILL NO. 115(RES)
01 "An Act relating to the sovereignty of the state and the state's right to a credit or setoff
02 for amounts or injuries inequitably or unlawfully caused or claimed by the federal
03 government; requiring the United States to lift certain land orders and federal
04 withdrawals; relating to the transfer of public land or interests in public land from the
05 federal government to the state and to the disposal of that land or any interest in land;
06 and providing for an effective date."
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
08 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section
09 to read:
10 SHORT TITLE. This Act may be known as the Alaska Sovereignty and Transfer of
11 Federal Public Land to Alaska Act.
12 * Sec. 2. AS 44.03 is amended by adding a new section to read:
13 Sec. 44.03.005. State sovereignty; right to setoffs. (a) The state solemnly
01 affirms its state sovereignty and fully reserves and asserts all rights and powers
02 directly and indirectly related to those rights and powers under the Ninth and the
03 Tenth Amendments to the Constitution of the United States.
04 (b) The affirmation, reservation, and assertion in (a) of this section
05 include the reservation of the rights of the state to claim a credit or setoff
06 for any amount or injury inequitably or unlawfully caused or claimed by
07 the federal government.
08 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to
10 TRANSFER OF FEDERAL PUBLIC LAND; RECEIPT BY THE STATE. (a) Before
11 January 1, 2017, the United States shall, subject to acceptance by the state,
12 (1) relinquish title to public land or an interest in land in the state; and
13 (2) transfer title to public land or an interest in land to the state.
14 (b) Under the authority in AS 38.05.035(a)(11) or as otherwise provided by law, the
15 director of the division of lands in the Department of Natural Resources shall accept the land
16 and interest in land conveyed to the state under (a)(2) of this section on behalf of the state if
17 the director determines that the acceptance is in the best interest of the state.
18 (c) If the land or interest in land the state receives under (a)(2) of this section is sold,
19 leased, or granted, each contract for the sale, lease, or grant of state land or interest in land,
20 and each deed for state land, properties, or an interest in land transferred by the state must
21 include a reservation using the language provided for a reservation in AS 38.05.125(a).
22 (d) In this section, "public land" means federal land in the state except for land
23 (1) to which title is held by a person that is not a governmental entity; or
24 (2) used for military or naval purposes, including a military reservation.
25 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section
26 to read:
27 LIFTING OF PUBLIC LAND ORDERS; PERIOD FOR MINERAL
28 EXPLORATION AND RESOURCE EVALUATION. (a) For land not transferred to the state
29 under sec. 3(a)(2) of this Act, the United States shall lift all public land orders and federal
30 withdrawals subsequent to those public land orders of land in the state so that state land
31 selections that are currently in top-filed status on that land may attach.
01 (b) To allow the state sufficient time to conduct mineral exploration and resource
02 evaluation on the land subject to public land orders and federal withdrawals under (a) of this
03 section, 43 U.S.C. 1635(f) (sec. 906(f), Alaska National Interest Lands Conservation Act, P.L.
04 96-487, 94 Stat. 2371) is suspended until the later of January 1, 2037, 20 years after the date
05 the last public land order is lifted under (a) of this section, or the date the last withdrawal
06 subsequent to those public land orders is lifted.
07 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).