00 SENATE BILL NO. 56                                                                                                      
01 "An Act relating to rights in certain tide and submerged land."                                                         
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 38.05 is amended by adding a new section to read:                                                   
04  Sec. 38.05.825.  CONVEYANCE OF TIDE AND SUBMERGED LAND TO                                                             
05 MUNICIPALITIES.  (a)  The commissioner shall convey to a municipality tide or                                           
06 submerged land requested by the municipality that is occupied or suitable for                                           
07 occupation and development if the                                                                                       
08   (1)  use of the land would not unreasonably interfere with navigation                                                
09 or public access;                                                                                                       
10   (2)  municipality has applied to the commissioner for conveyance of the                                              
11 land under this section;                                                                                                
12   (3)  land is classified for waterfront development or for another use that                                           
13 is consistent or compatible with the use proposed by the municipality, or the proposed                                  
14 use of the land is consistent or compatible with a land use plan adopted by the                                         
01 municipality, the department, or the Alaska Coastal Policy Council; and                                                 
02   (4)  land                                                                                                            
03   (A)  is required for the accomplishment of a public or private                                                      
04 development approved by the municipality;                                                                               
05   (B)  is the subject of a lease from the state to the municipality;                                                  
06 or                                                                                                                      
07   (C)  has been approved for lease to the municipality.                                                               
08  (b)  The commissioner may not convey land under this section that has been                                            
09 designated by statute unless the commissioner determines that the proposed use is                                       
10 consistent or compatible with the purpose of the statutory designation.  If land                                        
11 designated by statute is conveyed, uses of the land after conveyance are restricted to                                  
12 those uses determined by the commissioner to be consistent or compatible with the                                       
13 purpose of the designation.                                                                                             
14  (c)  Upon receipt of an application, the commissioner shall determine whether                                         
15 the requested conveyance meets the requirements of this section and issue a written                                     
16 decision regarding that determination.  Upon a determination that the requirements                                      
17 have been met, the commissioner shall approve the conveyance of the land to the                                         
18 municipality.  After conveyance to the municipality is approved, the municipality has                                   
19 management authority of the land and may convey the land by lease or sale.  The cost                                    
20 of the survey and all subdivision or other platting required for conveyance shall be                                    
21 borne by the municipality.                                                                                              
22  (d)  A conveyance under this section may contain only those restrictions                                              
23 required by law, including AS 38.05.127 and (b) of this section.  Land conveyed is                                      
24 subject to the public trust doctrine that may be enforced by the state in a court of                                    
25 competent jurisdiction.  The municipality shall be required to ensure that reasonable                                   
26 access to public waters is provided.  Title to land conveyed under this section that is                                 
27 retained by the municipality reverts to the state upon the dissolution of the                                           
28 municipality.                                                                                                           
29  (e)  This section does not enlarge or diminish the general grant land entitlement                                     
30 of a municipality under AS 29.65, nor is a conveyance under this section counted                                        
31 against the municipality's general grant land entitlement.