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SB 42: "An Act requiring the state to quitclaim to the federal government land or an interest in land after a determination that the land or interest was wrongfully or erroneously conveyed to the state."

00                             SENATE BILL NO. 42                                                                          
01 "An Act requiring the state to quitclaim to the federal government land or an interest in                               
02 land after a determination that the land or interest was wrongfully or erroneously                                      
03 conveyed to the state."                                                                                                 
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 38.05.035(a) is amended to read:                                                                   
06            (a)  The director shall                                                                                      
07 (1)  have general charge and supervision of the division and may                                                        
08 exercise the powers specifically delegated to the director; the director may employ and                                 
09 fix the compensation of assistants and employees necessary for the operations of the                                    
10       division; the director is the certifying officer of the division, with the consent of the                         
11       commissioner, and may approve vouchers for disbursements of money appropriated to                                 
12       the division;                                                                                                     
13                 (2)  manage, inspect, and control state land and improvements on it                                     
14       belonging to the state and under the jurisdiction of the division;                                                
01                 (3)  execute laws, rules, regulations, and orders adopted by the                                        
02       commissioner;                                                                                                     
03                 (4)  prescribe application procedures and practices for the sale, lease, or                             
04       other disposition of available land, resources, property, or interest in them;                                    
05                 (5)  prescribe fees or service charges, with the consent of the                                         
06       commissioner, for any public service rendered;                                                                    
07                 (6)  under the conditions and limitations imposed by law and the                                        
08       commissioner, issue deeds, leases, or other conveyances disposing of available land,                              
09       resources, property, or any interests in them;                                                                    
10 (7)  have jurisdiction over state land, except that land acquired by the                                                
11 Alaska World War II Veterans Board and the Agricultural Loan Board or the                                               
12 departments or agencies succeeding to their respective functions through foreclosure                                    
13 or default; to this end, the director possesses the powers and, with the approval of the                                
14 commissioner, shall perform the duties necessary to protect the state's rights and                                      
15 interest in state land, including the taking of all necessary action to protect and enforce                             
16       the state's contractual or other property rights;                                                                 
17 (8)  maintain the records the commissioner considers necessary,                                                         
18 administer oaths, and do all things incidental to the authority imposed; the following                                  
19 records and files shall be kept confidential upon request of the person supplying the                                   
20       information:                                                                                                      
21 (A)  the name of the person nominating or applying for the sale,                                                        
22            lease, or other disposal of land by competitive bidding;                                                     
23 (B)  before the announced time of opening, the names of the                                                             
24            bidders and the amounts of the bids;                                                                         
25 (C)  all geological, geophysical, and engineering data supplied,                                                        
26 whether or not concerned with the extraction or development of natural                                                  
27            resources;                                                                                                   
28 (D)  except as provided in AS 38.05.036, cost data and financial                                                        
29 information submitted in support of applications, bonds, leases, and similar                                            
30            items;                                                                                                       
31                      (E)  applications for rights-of-way or easements;                                                  
01 (F)  requests for information or applications by public agencies                                                        
02            for land that is being considered for use for a public purpose;                                              
03 (9)  account for the fees, licenses, taxes, or other money received in the                                              
04 administration of this chapter including the sale or leasing of land, identify its                                  
05 [THEIR] source, and promptly transmit it [THEM] to the proper fiscal department                                     
06 after crediting it [THEM] to the proper fund; receipts from land application filing fees                            
07 and charges for copies of maps and records shall be deposited immediately in the                                        
08       general fund of the state by the director;                                                                        
09 (10)  select and employ or obtain at reasonable compensation cadastral,                                                 
10 appraisal, or other professional personnel the director considers necessary for the                                     
11       proper operation of the division;                                                                                 
12 (11)  be the certifying agent of the state to select, accept, and secure by                                             
13 whatever action is necessary in the name of the state, by deed, sale, gift, devise,                                     
14 judgment, operation of law, or other means any land, of whatever nature or interest,                                    
15 available to the state; and be the certifying agent of the state, to select, accept, or                                 
16 secure by whatever action is necessary in the name of the state any land, or title or                                   
17 interest to land available, granted, or subject to being transferred to the state for any                               
18       purpose;                                                                                                          
19 (12)  on request, furnish records, files, and other information related to                                              
20 the administration of AS 38.05.180 to the Department of Revenue for use in                                              
21 forecasting state revenue under or administering AS 43.55, whether or not those                                         
22 records, files, and other information are required to be kept confidential under (8) of                                 
23 this subsection; in the case of records, files, or other information required to be kept                                
24 confidential under (8) of this subsection, the Department of Revenue shall maintain                                     
25 the confidentiality that the Department of Natural Resources is required to extend to                                   
26       records, files, and other information under (8) of this subsection;                                               
27 (13)  when reasonably possible, give priority to and expedite the                                                       
28 processing of an application for a lease or assignment of a lease of state land for                                     
29 development and operation of a gas storage facility, for a right-of-way to a gas storage                                
30 facility, for a change to the allocation of production within a unit, and for a permit                                  
31 necessary for the operation of a gas storage facility; in this paragraph, "gas storage                                  
01       facility" has the meaning given in AS 31.05.032;                                                              
02 (14)  quitclaim land or an interest in land to the federal                                                          
03 government after a determination by the director that the land or the interest in                                   
04 land was wrongfully or erroneously conveyed by the federal government to the                                        
05       state.                                                                                                        
06    * Sec. 2. AS 38.05.125(b) is amended to read:                                                                      
07            (b)  The provisions of (a) of this section do not apply to a quitclaim of land or a                          
08       transfer of an interest in land made under AS 38.05.035(a)(14) [AS 38.05.035(b)(9)].                          
09    * Sec. 3. AS 38.05.321(c) is amended to read:                                                                      
10            (c)  The provisions of this section do not apply to                                                          
11 (1)  state land classified as agricultural land that has been selected by a                                             
12 municipality under the provisions of former AS 29.18.190 - 29.18.200 if the selection                                   
13 is an approved selection before April 1, 1978, and is otherwise valid under                                         
14       AS 29.65.050(b) or former AS 29.18.205(b); or                                                                     
15                 (2)  a quitclaim of the interest of the state to the federal government                                 
16       under AS 38.05.035(a)(14) [AS 38.05.035(b)(9)].                                                               
17    * Sec. 4. AS 38.05.035(b)(9) is repealed.