00 HOUSE BILL NO. 191 01 "An Act relating to the management and disposal of state land and resources; 02 relating to certain remote parcel and homestead entry land purchase contracts and 03 patents; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 38.04.020(a) is amended to read: 06  (a) The state [COMMISSIONER SHALL ESTABLISH A] land disposal 07 program consists of [BANK CONTAINING] state land identified and classified 08 under adopted regional land use plans for disposal into private ownership. 09 * Sec. 2. AS 38.04.020(b) is amended to read: 10  (b) The state land disposal program [BANK] does not include 11  (1) land nominated for selection or selected by a municipality to satisfy 12 a general grant land entitlement under AS 29.65 or former AS 29.18.201 - 29.18.213; 13  (2) land retained in state ownership for multiple-use management; 14  (3) land where less than a fee simple title has been conveyed; 01  (4) land retained in state ownership under an enactment of the 02 legislature or by the governor or a state agency under authority of law. 03 * Sec. 3. AS 38.04.020(e) is repealed and reenacted to read: 04  (e) The commissioner may annually submit to the governor an appropriation 05 request for the entire amount of funding estimated to be necessary for each project 06 proposal to allow survey and disposal of land proposed to be offered for (1) homestead 07 staking under AS 38.09; (2) agricultural, commercial, industrial, or other uses under 08 AS 38.05.055 or 38.05.057; or (3) other subdivisions. Each project proposal shall 09 include the general location of the land and the estimated cost of preliminary feasibility 10 studies, engineering design work, right-of-way acquisition, and construction of access 11 roads and capital improvements required by municipal subdivision ordinance or 12 regulation of the platting authority or otherwise necessary to develop and market the 13 land. 14 * Sec. 4. AS 38.04.020(g) is amended to read: 15  (g)  The [AFTER JULY 1 OF EACH YEAR, THE] commissioner shall direct 16 the expenditure of money appropriated for the disposal of land in response to requests 17 made under (e) [AND (f)] of this section for the following: 18  (1) Land designated as suitable for homestead disposal shall be 19 [CLASSIFIED AND] surveyed under this chapter and AS 38.05 and made available 20 for staking and lease under AS 38.09. 21  (2) Land designated as suitable for subdivision and homesite disposal 22 shall be surveyed, subdivided, [CLASSIFIED,] and disposed of under this chapter, 23 AS 38.05, and AS 38.08. 24  (3) Land designated agricultural, commercial, industrial, or suitable for 25 other disposal shall be sold under AS 38.05.055 or 38.05.057. 26 * Sec. 5. AS 38.04.020(h) is amended to read: 27  (h) Individual parcels disposed of in subdivisions intended for private 28 residential or recreational use may not exceed five acres unless the commissioner 29 determines that a larger size is necessary to comply with municipal ordinances; [,] to 30 permit the design of a viable subdivision because of topographical features, soil 31 conditions, on-site sewage disposal requirements, or water drainage or supply 01 considerations that are unique to the subdivision; to increase the return to the state 02 from the sale of the parcels; [,] to minimize adverse effect on wildlife, fishery, public 03 recreation, timber, or other significant resources in the area; [,] or to minimize adverse 04 effect on other residential uses in the area. 05 * Sec. 6. AS 38.04.020(i) is amended to read: 06  (i) Nothing in this section prevents the disposal of other land by the 07 commissioner in accordance with AS 38.05.055, 38.05.057, 38.05.070, the issuance of 08 remote cabin permits under AS 38.05.079, AS 38.08, AS 38.09, or other law. 09 * Sec. 7. AS 38.04.021(a) is amended to read: 10  (a) A municipality may apply for financial assistance for the execution of a 11 land disposal program of general grant land entitlements received from the state under 12 AS 29.65 or former AS 29.18.201 - 29.18.213 by submitting a request to the 13 commissioner for inclusion in the request submitted to the governor [LEGISLATURE] 14 under AS 38.04.020(e). A municipality may request financial assistance for expenses 15 of surveying land, designing subdivision plats, installing improvements required by 16 municipal ordinance or regulation of the local platting authority, and other reasonable 17 direct costs of land disposal. 18 * Sec. 8. AS 38.04.021(b) is amended to read: 19  (b) A request by a municipality under this section must be accompanied by 20  (1) a schedule for the disposal of municipal land for the next five years; 21 the schedule shall be based on an assessment of the demand for private land within the 22 municipality [AND INCLUDED IN THE ASSESSMENT SUBMITTED UNDER 23 AS 38.04.020(f)]; 24  (2) an estimate of the number of acres of municipal land that the 25 municipality plans to dispose of during each fiscal year of the five-year period; 26  (3) a description of the methods to be used for the disposal of 27 municipal land and the terms under which it will be offered to the public; and 28  (4) a description of the municipal land that the municipality plans to 29 dispose of each fiscal year during the five-year period. 30 * Sec. 9. AS 38.04.030 is amended to read: 31  Sec. 38.04.030. LAND AVAILABILITY PROGRAMS. Programs that may 01 be used by the director to make the state's land surface available for private use under 02 AS 38.04.020 - 38.04.055 include sale of whole or partial rights to the fee simple 03 estate, including conveyance of agricultural use rights; leasing; [OPEN-TO-ENTRY;] 04 homesiting; homesteading; permitting for construction and occupation of cabins in 05 isolated locations on land retained in state ownership; and other methods as provided 06 by regulation or other law.  Notwithstanding a contrary provision of this title, a 07 land availability program adopted by regulation must provide for competitive 08 disposal, based on no less than fair market value, to serve the best interests of the 09 state. 10 * Sec. 10. AS 38.04.035 is amended to read: 11  Sec. 38.04.035. CRITERIA FOR PROGRAM SELECTION. In determining 12 which land availability program is appropriate for state land in different locations, the 13 director shall be guided by the following criteria: 14  (1) to cover public costs associated with private land use and to provide 15 the public with a fair return for publicly owned property, conveyance of state land to 16 private parties shall [SHOULD] be at fair market value except where otherwise 17 authorized by statute, or by an administrative regulation the adoption of which is 18 specifically permitted by statute; 19  (2) sale or lease programs should be used where land is readily 20 accessible to a major community center or where, because of a prime location on 21 waterfront or a transportation route or some other location characteristic, land has 22 relatively high real estate value; 23  (3) sale programs are preferred but lease programs should be used 24  (A) where special land use controls are required and there is a 25 high public interest in having certain types of land used for particular purposes; 26  (B) when the intended use is a temporary one; 27  (C) in commercial or industrial situations when a leasehold can 28 provide cash flow advantages to the lessee; 29  (D) when a unique location with special public values is 30 involved, as in a deep water port, hydroelectric site, or aquaculture facility; 31  (E) where current demand for private use is high, but 01 projections suggest that, in the future, the land may be more valuable for public 02 use, as in accessible waterfront recreation areas; 03  (4) for enabling isolated cabin development in remote locations where 04 survey and conveyance is impractical at the anticipated time of cabin development, 05 or where disposal of land would cause potential conflicts with other resources and 06 uses, or where a long-range interest in public ownership and use exist, a system for 07 cabin permits on public land may be used; 08  (5) limited or conditional title may be granted when the state's best 09 interest so dictates; among other things, title limitations may include grants of 10 agricultural interest only, retention of development rights, and retention of scenic or 11 other easements; a conditional title may be tied to a development schedule or other 12 standards of performance. 13 * Sec. 11. AS 38.05.050 is amended to read: 14  Sec. 38.05.050. DISPOSAL OF LAND FOR PRIVATE OWNERSHIP. The 15 commissioner shall determine the land to be disposed of for private use. The 16 commissioner shall determine the time and place of disposal. An auction sale, a 17 lottery sale, or a disposal of land for homesites may [SHALL] be held in a community 18 that is near the land to be sold or disposed of. 19 * Sec. 12. AS 38.05.055 is amended to read: 20  Sec. 38.05.055. AUCTION SALE PROCEDURES. Unless another method of 21 sale is required under this chapter, [AS 38.07, OR] AS 38.08, or AS 38.09, the sale 22 of state land shall be made at public auction to the highest qualified bidder as 23 determined by the director. The director may accept bids and sell state land under this 24 section at no less than 70 percent of the appraised fair market value of the land. [A 25 BIDDER MUST APPEAR IN PERSON AT THE AUCTION UNLESS MEDICAL 26 REASONS, ATTENDANCE AT SCHOOL, OR MILITARY SERVICE OUTSIDE 27 THE STATE PREVENT ATTENDANCE.] A bidder may be represented by an 28 attorney or agent at the auction [IF THE LAND OFFERED FOR DISPOSAL IS 29 COMMERCIAL, INDUSTRIAL, OR AGRICULTURAL LAND]. An aggrieved 30 bidder may appeal to the commissioner within five days after the sale for a review of 31 the director's determination. The sale shall be conducted by the director and at the 01 time of sale the successful bidder shall deposit an amount equal to five percent of the 02 purchase price. The director shall immediately issue a receipt containing a description 03 of the land or property purchased, the price bid, and the amount deposited. The 04 receipt shall be acknowledged in writing by the bidder. 05 * Sec. 13. AS 38.05.057(a) is amended to read: 06  (a) The commissioner may dispose of land, including land limited to use for 07 agricultural purposes, by lottery. The purchase price of land sold by lottery shall be 08 the fair market value of the land as determined by the commissioner. The 09 commissioner may sell land by lottery for less than the fair market value of the land 10 on a determination that scarcity of land for private use in the area of the land to be 11 sold has resulted in unrealistic land values. [THE COMMISSIONER SHALL 12 CONSULT WITH THE ASSESSOR OF A MUNICIPALITY BEFORE 13 DETERMINING THE PURCHASE PRICE FOR LAND THAT IS LOCATED IN 14 THE MUNICIPALITY AND THAT IS TO BE SOLD UNDER THIS SECTION.] The 15 lottery shall be conducted in public by the commissioner.  A [AN APPLICANT MAY 16 NOT BE SELECTED TO PURCHASE LAND UNLESS THE APPLICANT IS 17 PRESENT ON THE DATE AND AT THE PLACE THAT THE LOTTERY IS 18 CONDUCTED UNLESS MEDICAL REASONS, ATTENDANCE AT SCHOOL, OR 19 MILITARY SERVICE OUTSIDE THE STATE PREVENT ATTENDANCE. AN 20 APPLICANT MAY BE REPRESENTED BY AN AGENT ON THE DAY OF THE 21 LOTTERY IF THE LAND OFFERED FOR SALE IS COMMERCIAL, 22 INDUSTRIAL, OR AGRICULTURAL LAND. ON THE DAY OF THE LOTTERY 23 A] purchaser selected by lot shall deposit an amount equal to five percent of the 24 purchase price within 30 days after receiving notification of the selection. 25 * Sec. 14. AS 38.05.069(e)(2) is repealed and reenacted to read: 26  (2) "adjacent" means that a tract of land has a common boundary or 27 corner to presently held land or is separated from the presently held land only by a 28 physical barrier such as a road or stream. 29 * Sec. 15. AS 38.05.090 is repealed and reenacted to read: 30  Sec. 38.05.090. REMOVAL OR REVERSION OF IMPROVEMENTS UPON 31 TERMINATION OF LEASES. (a) Unless otherwise agreed to in writing by the 01 commissioner, a lessee shall remove from a former leasehold 02  (1) all personal property, including above-ground and below-ground 03 tanks, transportable buildings, equipment, machinery, tools, and other goods, not 04 belonging to the state, within 30 days after termination of the lease; and 05  (2) all buildings and fixtures, including gravel pads, foundations, and 06 slabs, not belonging to the state, within 60 days after termination of the lease. 07  (b) Unless otherwise agreed to in writing by the commissioner, the lessee shall 08 restore the leasehold to a good and marketable condition, acceptable to the 09 commissioner, within 120 days after termination of the lease. 10  (c) If the lessee does not remove personal property, buildings, and fixtures as 11 required within the time specified under (a) of this section, title to the personal 12 property, buildings, and fixtures that remain automatically vests in the state unless the 13 commissioner elects to remove and dispose of the remaining personal property, 14 buildings, and fixtures of the lessee. The commissioner may assess upon the lessee 15 the cost of removing and disposing of personal property, buildings, and fixtures 16 remaining upon the land. 17  (d) If the lessee does not restore the land within the time period specified 18 under (b) of this section, the commissioner may have the land restored and assess the 19 costs upon the lessee. 20  (e) As part of a lease agreement, and in order to protect the public interest, the 21 commissioner may require terms for removal or reversion of improvements additional 22 to those specified in (a) - (d) of this section. 23  (f) Private residential improvements of a lessee that have become fixtures of 24 the land and that are not removed by that lessee upon termination of the lease shall be 25 purchased by the subsequent purchaser of the land if the improvements were 26 authorized in the former lease or by permit from the director and if they have a net 27 value of more than $10,000. The net value is the value of the improvements as 28 determined by an appraisal approved by the commissioner, less all rents due the 29 department, all costs of restoration under (d) of this section, and all department 30 expenses estimated to be incurred in making the sale. After termination of the former 31 lessee's lease, and at additional times as determined necessary by the commissioner, 01 the value of the authorized residential fixtures shall be determined by an independent 02 appraisal made at the cost of the former lessee. A notice or offer by the state to sell 03 formerly leased land under this subsection must state (1) the appraised value of 04 authorized residential fixtures remaining on the land that must be purchased, and (2) 05 that that cost is included in the purchase price. Out of the proceeds of the sale, the 06 department shall pay to the former lessee the appraised value of the residential 07 improvements, less all rents due the department, all costs of restoration due the 08 department under (d) of this section, and all department expenses incurred in making 09 the sale. 10  (g) Personal property described in (c) of this section is not subject to AS 34.45 11 (Uniform Unclaimed Property Act). 12 * Sec. 16. AS 38.05.185(a) is amended to read: 13  (a) The acquisition and continuance of rights in and to deposits on state land 14 of minerals, which on January 3, 1959, were subject to location under the mining laws 15 of the United States, shall be governed by AS 38.05.185 - 38.05.275. Nothing in 16 AS 38.05.185 - 38.05.275 affects the law pertaining to the acquisition of rights to 17 mineral deposits owned by any other person or government. The director, with the 18 approval of the commissioner, shall determine that land from which mineral deposits 19 may be mined only under lease, and, subject to the limitations of AS 38.05.300, that 20 land that shall be closed to location under AS 38.05.185 - 38.05.275 [MINING]. 21 State land may not be closed to [MINING OR MINERAL] location under 22 AS 38.05.185 - 38.05.275 except as provided in AS 38.05.300 and unless the 23 commissioner makes a finding that mining would be incompatible with significant 24 surface uses on the state land. State land may not be restricted to mining under lease 25 unless the commissioner determines that potential use conflicts on the state land 26 require that mining be allowed only under written leases issued under AS 38.05.205 27 or the commissioner has determined that the land was mineral in character at the time 28 of state selection. The determinations required under this subsection shall be made in 29 compliance with land classification orders and land use plans developed under 30 AS 38.05.300. 31 * Sec. 17. AS 38.05.190(a) is amended to read: 01  (a) The right to acquire exploration and mining rights under AS 38.05.185 - 02 38.05.275 may be acquired or held only by 03  (1) citizens of the United States at least 18 years of age; 04  (2) legal guardians or trustees of citizens of the United States under 18 05 years of age on behalf of the citizens; 06  (3) persons at least 18 years of age who have declared their intention 07 to become citizens of the United States; 08  (4) [ALIENS AT LEAST 18 YEARS OF AGE IF THE LAWS OF 09 THEIR COUNTRY GRANT LIKE PRIVILEGES TO CITIZENS OF THE UNITED 10 STATES; 11  (5)] corporations organized under the laws of the United States or of 12 any state or territory of the United States and qualified to do business in this state [, 13 EXCEPT THAT IF MORE THAN 50 PERCENT OF THE STOCK OF A 14 CORPORATION IS OWNED OR CONTROLLED BY ALIENS WHO ARE NOT 15 QUALIFIED, THE CORPORATION IS NOT QUALIFIED TO ACQUIRE OR HOLD 16 THE RIGHTS]; 17   (5) [(6)] associations of persons described in (1) - (4) [(1) - (5)] of this 18 subsection. 19 * Sec. 18. AS 38.05.211(d) is repealed and reenacted to read: 20  (d) The rental amount established under this section shall be revised by the 21 commissioner as provided in this section based on changes in the Consumer Price 22 Index for all urban consumers, Anchorage Metropolitan Area (Semi-Annual Average) 23 compiled by the Bureau of Labor Statistics, United States Department of Labor, as 24 revised, rebased or replaced by that bureau. The reference base index is the index for 25 January - June, 1989, as revised or rebased by that bureau. The rental amount shall 26 be revised by the commissioner if the change between the index for the first six 27 months of the current year and the most recent index used to revise the rental, or the 28 reference base index if the rental amount has never been revised, equals or exceeds $5. 29 The rental amount shall be increased or decreased, as appropriate, by an amount equal 30 to the change in the index described in this subsection rounded to the nearest whole 31 $5 unit. The commissioner shall calculate the change in the index annually and, if the 01 rental amount must be revised, shall adopt a regulation establishing the revised rental 02 amount. A revised rental amount applies to a rental payment if the regulation 03 establishing the revised rental amount took effect at least 90 days before the date the 04 rental payment is due. 05 * Sec. 19. AS 38.05.255 is amended to read: 06  Sec. 38.05.255. SURFACE USE OF LAND OR WATER. Surface uses of 07 land or water included within mining properties by owners of those properties shall be 08 limited to those necessary for the prospecting for, extraction of, or basic processing of 09 mineral deposits and shall be subject to reasonable concurrent uses.  Leases 10 [PERMITS] for millsites and tailings disposal may be issued [GRANTED] by the 11 director. The leases [PERMITS] shall be conditioned upon payment of a reasonable 12 annual rent [CHARGE] for the lease [USE] and restriction to [CONTINUANCE OF] 13 the limited use. Timber from land open to mining without lease, except timberland, 14 may be used by a mining claimant or prospecting site locator for the mining or 15 development of the location or adjacent claims under common ownership. On other 16 land, timber may be acquired as provided in this chapter. Use of water shall be made 17 in accordance with AS 46.15. 18 * Sec. 20. AS 38.05.255 is amended by adding a new subsection to read: 19  (b) A lease issued under this section is exempt from the provisions of 20 AS 38.05.070 - 38.05.105. The commissioner, by regulation, shall establish 21 appropriate leasing procedures and annual rent amounts for leases under this section. 22 * Sec. 21. AS 38.05.265 is amended to read: 23  Sec. 38.05.265. ABANDONMENT. Failure to properly record a certificate of 24 location or a statement of annual labor, [FILE WITH THE DIRECTOR WITHIN THE 25 TIME PRESCRIBED A LEASE APPLICATION,] pay any required annual rental, pay 26 any required production royalty, or keep location boundaries clearly marked as 27 required by AS 38.05.185 - 38.05.275 and by regulations adopted under these sections 28 constitutes abandonment of all rights acquired under the mining claim, leasehold 29 location, lease, or site involved, and the claim, location, lease, or site is subject to 30 relocation by others. A locator or claimant of an abandoned location or a successor 31 in interest may not relocate the location until one year after abandonment. A statement 01 of annual labor that does not accurately set out the essential facts is void and of no 02 effect. If an annual rental or a royalty payment is deficient but is otherwise timely 03 paid, abandonment does not result if full payment is made within 04  (1) the period prescribed by a deficiency notice from the commissioner; 05 or 06  (2) 30 days after a final judgment establishing the amount due if the 07 deficiency amount due was contested. 08 * Sec. 22. AS 38.05.850(a) is amended to read: 09  (a) The director, without the prior approval of the commissioner, may issue 10 permits, rights-of-way or easements on state land for roads, trails, ditches, field 11 gathering lines or transmission and distribution pipelines not subject to AS 38.35, 12 telephone or electric transmission and distribution lines, log storage, oil well drilling 13 sites and production facilities for the purposes of recovering minerals from adjacent 14 land under valid lease, and other similar uses or improvements, or revocable, 15 nonexclusive permits for the [LIMITED] personal or commercial use or removal of 16 resources that the director has determined to be of limited value [OF TIMBER OR 17 MATERIALS]. The commissioner, upon recommendation of the director, shall 18 establish a reasonable rate or fee schedule to be charged for these uses, subject to the 19 exception for nonprofit cooperative associations specified in (b) of this section. In the 20 granting, suspension or revocation of a permit or easement of land, the director shall 21 give preference to that use of the land which will be of greatest economic benefit to 22 the state and the development of its resources. However, first preference shall be 23 granted to the upland owner for the use of a tract of tideland, or tideland and 24 contiguous submerged land, which is seaward of the upland property of the upland 25 owner and which is needed by the upland owner for any of the purposes for which the 26 use may be granted. 27 * Sec. 23. AS 38.08.030(b) is amended to read: 28  (b) Fees for filing an application may not exceed $25 [$10]. 29 * Sec. 24. AS 38.08.040(a) is amended to read: 30  (a) An applicant meeting the qualifications for homesite entry under 31 AS 38.08.030 and selected under (f) of this section shall be issued a revocable permit 01 to occupy and improve the homesite in order to qualify for issuance of patent as 02 provided in this chapter.  The holder of a homesite entry permit shall pay, in 03 advance, an annual rental fee of $100. [THE APPLICATION FEE IS THE SOLE 04 RENT CHARGEABLE ON THE PERMIT FOR ITS DURATION.] 05 * Sec. 25. AS 38.08.040 is amended by adding a new subsection to read: 06  (f) If only one application for a homesite parcel is received, the commissioner 07 shall offer an entry permit for the parcel to the applicant provided the applicant is 08 otherwise qualified. If more than one application is received for a parcel, the 09 commissioner shall select by lottery the applicant who is entitled to receive the permit 10 for the parcel. The lottery shall be conducted under regulations adopted by the 11 commissioner that are to the maximum extent practicable consistent with the provisions 12 of AS 38.05.057 and the regulations adopted under that section. 13 * Sec. 26. AS 38.09.010(g) is amended to read: 14  (g) The commissioner may limit the number of persons permitted to stake 15 homestead entries within an area designated under (a) of this section by a lottery of 16 qualified applicants. [THE COMMISSIONER MAY CONDUCT A LOTTERY HELD 17 UNDER THIS SUBSECTION IN THE COMMUNITY THAT IS CLOSEST TO THE 18 AREA DESIGNATED FOR HOMESTEAD ENTRY. THE COMMISSIONER MAY 19 REQUIRE THAT EACH PARTICIPANT IN THE LOTTERY BE PRESENT UNLESS 20 ATTENDANCE AT THE LOTTERY IS PREVENTED BY 21  (1) MEDICAL REASONS, ATTENDANCE AT SCHOOL, OR 22 MILITARY SERVICE OUTSIDE THE STATE; OR 23  (2) A MANDATORY, UNAVOIDABLE EMPLOYMENT 24 COMMITMENT DETERMINED VALID BY THE COMMISSIONER BEFORE THE 25 SALE.] 26 * Sec. 27. AS 38.09.030(a) is amended to read: 27  (a) An applicant for a homestead entry permit shall 28  (1) submit proof acceptable to the commissioner that the applicant is 29 at least 18 years of age and has been a resident of the state for not less than one year 30 immediately before the date of application; 31  (2) pay a fee of $5 per acre according to the description provided by 01 the applicant if the entry is on land classified agricultural, or $20 per acre if the 02 entry is on land not classified agricultural; 03  (3) agree to comply with the requirements of AS 38.09.050; 04  (4) certify that the corners of the land entered have been staked and the 05 boundaries have been flagged; and [OR] 06  (5) assume full responsibility for the accuracy of the description of the 07 land filed with the commissioner under AS 38.09.020(b). 08 * Sec. 28. AS 38.09 is amended by adding a new section to read: 09  Sec. 38.09.105. REMOVAL OF CONDITIONS ON REMOTE PARCEL AND 10 HOMESTEAD ENTRY LAND. (a) The commissioner may not include the 11 conditions of former AS 38.05.078(d) in a remote parcel purchase contract issued on 12 or after the effective date of this section. 13  (b) The commissioner shall amend a remote parcel or homestead entry land 14 purchase contract or patent issued before the effective date of this section to remove 15 the conditions of former AS 38.05.078(d) or former AS 38.09.050(e) if the holder of 16 the purchase contract or patent 17  (1) requests the amendment; 18  (2) pays the reasonable administrative costs of the amendment as 19 determined by the commissioner; and 20  (3) pays the difference, as established by the commissioner, between 21 the land's fair market value before the amendment and the estimated fair market value 22 after the amendment. 23 * Sec. 29. AS 38.04.020(c), 38.04.020(f), 38.04.020(j), 38.04.020(k); 24 AS 38.05.035(e)(6)(F), 38.05.057(g), 38.05.057(j), 38.05.207, 38.05.945(g); AS 38.09.050(d), 25 and 38.09.050(e) are repealed. 26 * Sec. 30. Notwithstanding AS 41.21.120 - 41.21.125, within Township 10 North, Range 27 1 East, Seward Meridian, the commissioner of natural resources may 28 (1) convey a property interest in land to the Alaska Railroad Corporation for 29 the purpose of realigning the railroad in conjunction with the relocation of the Seward 30 Highway, provided that the property interest conveyed must be equivalent to that conveyed 31 to the state-owned railroad under 45 U.S.C. 1201 - 1214 (Alaska Railroad Transfer Act of 01 1982) and shall be held and managed by the Alaska Railroad Corporation under AS 42.40; 02 (2) grant a 300 foot wide highway easement to the Department of 03 Transportation and Public Facilities for the relocated Seward Highway; 04 (3) grant a 100 foot wide utility easement to Chugach Electric Association, 05 Inc., for the relocation of the 115 kilovolt electric transmission line (Federal Power 06 Commission project no. 2170, AA-39417, and ADL 32417) and the electric distribution line 07 (A-029885) located within the Chugach State Park. 08 * Sec. 31. TRANSITIONAL PROVISIONS: REGULATIONS. (a) Notwithstanding 09 sec. 32 of this Act, the Department of Natural Resources may proceed to adopt regulations 10 necessary to implement the changes made by this Act. The regulations take effect under 11 AS 44.62 (Administrative Procedure Act), but not before July 1, 1995. 12 (b) To the extent they are consistent with AS 38.08, regulations governing the 13 selection of applicants for homesite parcels under AS 38.08 in effect on the effective date of 14 this Act remain in effect notwithstanding the amendments to AS 38.08.040, made by secs. 24 15 and 25 of this Act, until the regulations are amended, repealed, or superseded. 16 * Sec. 32. Except for sec. 31 of this Act, this Act takes effect July 1, 1995. 17 * Sec. 33. Section 31 of this Act takes effect immediately under AS 01.10.070(c).