SB 56: "An Act relating to rights in certain tide and submerged land."

00SENATE 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.