00 SENATE BILL NO. 375 01 "An Act relating to general grant land entitlements." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 29.65 is amended by adding a new section to read: 04  Sec. 29.65.035. DETERMINATION OF ENTITLEMENT. The general grant 05 land entitlement of a municipality is 10 percent of the maximum total acreage of 06 vacant, unappropriated, unreserved land within the boundaries of the municipality, or 07 the amount under former AS 29.65.010, whichever is greater. 08 * Sec. 2. AS 29.65.040(a) is amended to read: 09  (a) After July 1, 1978, general grant land entitlements provided in former 10 AS 29.18.201 and 29.18.202 are vested property rights that must be fulfilled as 11 provided in AS 29.65.050 or 29.65.080. After January 1, 1988, general grant land 12 entitlements provided in former AS 29.65.010 are vested property rights that must be 13 fulfilled as provided in AS 29.65.050 or former AS 29.65.080 [29.65.080]. 14 * Sec. 3. AS 29.65.040(b) is amended to read: 01  (b) General grant land entitlements provided by former AS 29.65.030 are 02 property rights that vest on the date of incorporation of the municipality. The 03 entitlement shall be fulfilled as provided in AS 29.65.050. 04 * Sec. 4. AS 29.65.040(c) is amended to read: 05  (c) If [LAND MAY BE SELECTED OR NOMINATED FOR SELECTION 06 BY A MUNICIPALITY TO SATISFY A GENERAL GRANT LAND 07 ENTITLEMENT UNDER FORMER AS 29.18.201 AND 29.18.202 AT ANY TIME 08 BEFORE OCTOBER 1, 1980. LAND MAY BE SELECTED OR NOMINATED FOR 09 SELECTION BY A MUNICIPALITY TO SATISFY A GENERAL GRANT LAND 10 ENTITLEMENT UNDER AS 29.65.010 AT ANY TIME BEFORE OCTOBER 1, 11 1990. HOWEVER, IF] a municipal selection or nomination or a part of a municipal 12 selection or nomination is rejected by the director, the municipality may [, NOT 13 LATER THAN 90 DAYS AFTER RECEIPT OF THE REJECTION OR FINAL 14 DECISION ON AN APPEAL FILED UNDER AS 29.65.050(d),] select additional state 15 land as necessary to satisfy its entitlement. 16 * Sec. 5. AS 29.65.040 is amended by adding a new subsection to read: 17  (f) General grant land entitlements provided by AS 29.65.035 are vested 18 property rights that must be fulfilled as provided in AS 29.65.050. 19 * Sec. 6. AS 29.65.050(b) is amended to read: 20  (b) [ALL APPROVED SELECTIONS UNDER FORMER AS 29.18.190 AND 21 29.18.200 FOR WHICH PATENT HAS NOT BEEN ISSUED TO A MUNICIPALITY 22 ON JULY 1, 1978, SHALL BE REVIEWED BY THE DIRECTOR WITHIN NINE 23 MONTHS AFTER JULY 1, 1978.] Any approved selection of land that was vacant, 24 unappropriated, or unreserved on the date of selection is valid as of the date of the 25 approval under former AS 29.18.190, 29.18.200, 29.18.201, 29.18.202, [AND] 26 29.18.203, AS 29.65.010, 29.65.020, or 29.65.030, and a patent shall be issued to the 27 municipality within three months after approval by the director of a plat of survey. 28 [THE ACREAGE SHALL BE CREDITED TOWARD FULFILLMENT OF THE 29 MUNICIPALITY'S ENTITLEMENT.] A municipality is not entitled to receive patent 30 under this chapter to more than its entitlement determined under AS 29.65.035; 31 patents received under former AS 29.18.190, 29.18.200, 29.18.201, 29.18.202, 01 29.18.203, AS 29.65.010, 29.65.020, or 29.65.030 shall be credited toward 02 fulfillment of the municipality's entitlement [AS 29.65.010 - 29.65.030]. Any prior 03 approval by the director of municipal selections for land that was not vacant, 04 unappropriated, or unreserved on the date of selection shall be rescinded, and patent 05 may not be issued except when disposal to a third party by sale or lease has occurred. 06 Transfers of land to municipalities under this chapter are subject to AS 38.05.321. 07 Classification actions as reflected on the land status records of the Department of 08 Natural Resources are determinative of land classification status for purposes of this 09 chapter. 10 * Sec. 7. AS 29.65.050(c) is amended to read: 11  (c) The director shall approve or disapprove each selection for patent within 12 nine months of its selection by a municipality. Before a decision is issued the 13 Department of Community and Regional Affairs shall review the selection and 14 recommend approval or disapproval of it. The director may disapprove a selection 15 only upon a finding that the public interest in retaining state ownership of the land 16 outweighs the municipality's interest in obtaining the land. A patent shall be issued 17 to the municipality for land selected in satisfaction of a general grant land entitlement 18 vested under AS 29.65.035 [AS 29.65.010 - 29.65.030] within three months after 19 approval by the director of a plat of survey. 20 * Sec. 8. AS 29.65.129 is amended to read: 21  Sec. 29.65.129. POLICY. Consistent with the best interest of the state, it is 22 the policy of the state to provide a [NEWLY FORMED] municipality with a general 23 grant land entitlement that is no less than 10 percent of vacant, unappropriated, 24 unreserved land located within its boundaries. It is the policy of the state to provide 25 for expeditious transfer and patent of land to a municipality in fulfilling its entitlement. 26 * Sec. 9. AS 29.65.130(3) is amended to read: 27  (3) "general grant land" 28  (A) means land patented or tentatively approved to the state 29 from the United States under Sec. 6(a) or (b) of the Alaska Statehood Act; 30  (B) does not include 31  (i) university land as defined in AS 38.05.965; 01  (ii) mental health land granted under Title II, sec. 02 202 of P.L. 84-830, as amended before or after July 1, 1978; or 03  (iii) school land consisting of those rectangular 04 sections 16 and 36 within each township surveyed on or before 05 January 3, 1959, and confirmed and transferred to the state upon 06 its admission under Sec. 6(k), Alaska Statehood Act, 72 Stat. 339, 07 and any other land designated solely for school revenues; 08 * Sec. 10. AS 29.65.130(10) is amended to read: 09  (10) "vacant, unappropriated, unreserved land" means general grant land 10 as defined in (3) of this section, excluding minerals as required by Sec. 6(i) of the 11 Alaska Statehood Act, that has not been 12  (A) [HAS NOT BEEN] set aside by statute for one or more 13 particular uses or purposes; or 14  (B) [HAS NOT BEEN] approved for patent to a municipality 15 under this chapter or former AS 29.18.190 and 29.18.200 [; 16  (C) IS UNCLASSIFIED OR, IF CLASSIFIED UNDER 17 AS 38.05.300, IS CLASSIFIED FOR AGRICULTURAL, GRAZING, 18 MATERIAL, PUBLIC RECREATION, OR SETTLEMENT PURPOSES, OR 19 IS CLASSIFIED IN ACCORDANCE WITH AN AGREEMENT BETWEEN 20 A MUNICIPALITY AND THE STATE PROVIDING FOR STATE 21 MANAGEMENT OF LAND OF THE MUNICIPALITY; OR 22  (D) WAS CLASSIFIED NO EARLIER THAN SEPTEMBER 1, 23 1983, AS RESOURCE MANAGEMENT AND IS STILL CLASSIFIED 24 AS RESOURCE MANAGEMENT UNDER AS 38.05.300]. 25 * Sec. 11. AS 38.05.321(b) is amended to read: 26  (b) State land classified as agricultural land that has been selected by a 27 municipality in fulfillment or partial fulfillment of the municipality's general grant 28 land entitlement [UNDER FORMER AS 29.18.190 - 29.18.200 OR FORMER 29 AS 29.18.205(e)] may be approved by the director for patent [UNDER 30 AS 29.65.050(c)]; however, only rights in the land for agricultural purposes may be 31 transferred and all other interests in the land will remain with the state. Agricultural 01 land approved for patent to a municipality shall be credited, acre for acre, toward 02 fulfillment of that municipality's entitlement under AS 29.65.035 [AS 29.65.010 - 03 29.65.030 OR FORMER AS 29.18.201 - 29.18.203]. If the director later determines 04 it to be in the best interests of the state to transfer some or all of the additional rights 05 in that approved or patented agricultural land, those rights shall pass without 06 consideration to the municipality in which the land is located. The notice and review 07 provisions of AS 38.05.945 are applicable to conveyance of rights under this section. 08 * Sec. 12. AS 29.65.010, 29.65.020, 29.65.030, 29.65.040(d), 29.65.040(e), 29.65.060, 09 29.65.080, 29.65.130(4), 29.65.130(8), and 29.65.130(9) are repealed.