00                             SENATE BILL NO. 351                                                                         
01 "An Act relating to conveyance of tide and submerged land to municipalities."                                           
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 38.05.825(a) is amended to read:                                                                  
04            (a)  Unless the commissioner identifies a specific state use or statutory                                
05       reservation of the land and finds that the public interest in retaining state ownership                       
06       of the land for that use clearly outweighs the municipality's interest in obtaining the                       
07       land, the commissioner shall convey to a municipality tide or submerged land                                      
08       requested by the municipality [THAT IS OCCUPIED OR SUITABLE FOR                                                   
09       OCCUPATION AND DEVELOPMENT] if the                                                                                
10                 (1)  land is within or contiguous to the boundaries of the municipality;                                
11                 (2)  ownership [USE] of the land by the municipality would not                                  
12       unreasonably interfere with navigation or public access;                                                          
13                 (3)  municipality has requested [APPLIED TO THE                                                     
14       COMMISSIONER FOR] conveyance of the land under this section; and                                              
15                 (4)  land is not subject to a shore fisheries lease under AS 38.05.082,                                 
01       or, if the land is subject to a shore fisheries lease, the commissioner determines it is in                       
02       the best interests of the state to convey the land [;                                                             
03                 (5)  LAND IS CLASSIFIED FOR WATERFRONT DEVELOPMENT                                                      
04       OR FOR ANOTHER USE THAT IS CONSISTENT OR COMPATIBLE WITH THE                                                      
05       USE PROPOSED BY THE MUNICIPALITY, OR THE PROPOSED USE OF THE                                                      
06       LAND IS CONSISTENT OR COMPATIBLE WITH A LAND USE PLAN                                                             
07       ADOPTED BY THE MUNICIPALITY, THE DEPARTMENT, OR THE ALASKA                                                        
08       COASTAL POLICY COUNCIL; AND                                                                                       
09                 (6)  LAND                                                                                               
10                      (A)  IS REQUIRED FOR THE ACCOMPLISHMENT OF A                                                       
11            PUBLIC OR PRIVATE DEVELOPMENT APPROVED BY THE                                                                
12            MUNICIPALITY;                                                                                                
13                      (B)  IS THE SUBJECT OF A LEASE FROM THE STATE TO                                                   
14            THE MUNICIPALITY; OR                                                                                         
15                      (C)  HAS BEEN APPROVED FOR LEASE TO THE                                                            
16            MUNICIPALITY].                                                                                               
17    * Sec. 2.  AS 38.05.825(c) is amended to read:                                                                     
18            (c)  Upon receipt of an application, the commissioner shall determine whether                                
19       the requested conveyance meets the requirements of this section and issue a written                               
20       decision regarding that determination.  Upon a determination that the requirements                                
21       have been met, the commissioner shall approve the conveyance of the land to the                                   
22       municipality and convey title to the municipality.  If the commissioner fails to                              
23       issue a decision within 90 days of receipt of the request, the request of the                                 
24       municipality shall be considered granted, and the commissioner shall convey title                             
25       to the municipality.  After conveyance of title to the municipality [IS APPROVED],                        
26       the municipality has management authority of the land and may lease, develop, or sell                         
27       the land.  If the land to be conveyed has not been surveyed, the municipality shall                           
28       provide the commissioner with a proposed legal description of the property to be                              
29       conveyed.  Conveyance shall be based upon that description unless the                                         
30       commissioner can show defects in the description.  Any property conveyed                                      
31       without prior survey must be surveyed and, if necessary, resubdivided before its                              
01       lease, development, or sale [, BUT MAY NOT SELL IT].  The cost of any required                            
02       [THE] survey and all subdivision or other platting required for lease, development, or                        
03       sale [CONVEYANCE] shall be borne by the municipality.