03/11/2024 01:00 PM House RESOURCES

            SB 92-STATE OWNERSHIP OF SUBMERGED LAND                                                                         
                                                                                                                                
1:37:40 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced  that the final order of  business would be                                                               
CS FOR  SENATE BILL  NO. 92(2d  RES), "An  Act relating  to state                                                               
ownership  of submerged  land underlying  navigable water  within                                                               
the boundaries of  federal areas; and providing  for an effective                                                               
date."                                                                                                                          
                                                                                                                                
1:38:20 PM                                                                                                                    
                                                                                                                                
KIM REITMEIER,  President, ANCSA Regional Association,  said that                                                               
CSSB 92(2d  RES) would  reaffirm what is  "already" state  law by                                                               
adding more specific language to  affirm the state's ownership of                                                               
certain   submerged  lands.     She   said  today,   many  Native                                                               
corporations  have yet  to receive  their  entitlements to  lands                                                               
granted by  the Alaska Native  Claims Settlement Act  (ANCSA) and                                                               
The  Alaska National  Interest Lands  Conservation Act  (ANILCA).                                                               
She said that preliminary research  about the bill concluded that                                                               
there would  be no  new constitutional or  legal conflicts.   She                                                               
said that  CSSB 92(2d  RES) needs an  amendment to  include ANCSA                                                               
Regional  Association's proposed  language to  provide protection                                                               
for Alaska  Native lands  as the state  asserts title  to certain                                                               
submerged lands.                                                                                                                
                                                                                                                                
1:44:52 PM                                                                                                                    
                                                                                                                                
CHAIR  MCKAY moved  to  adopt  Amendment 1  to  CSSB 92(2d  RES),                                                               
labeled 33-LS0536\U.11, Bullard, 2/26/24, which read:                                                                           
                                                                                                                                
     Page 4, line 5:                                                                                                            
          Delete "Except as provided in AS 38.04.062(f),                                                                        
     as"                                                                                                                        
          Insert "As"                                                                                                           
                                                                                                                                
     Page 4, line 8, following "areas":                                                                                         
          Insert ", except                                                                                                      
              (1)  as provided in AS 38.04.062(f);                                                                              
               (2)  land that is privately owned; and                                                                           
               (3)  land that has been lawfully selected                                                                        
       for conveyance by a private party under a federal                                                                        
       statute but that has not yet been conveyed to the                                                                        
     private party"                                                                                                             
                                                                                                                                
     Page 87, line 26, through page 88, line 2:                                                                                 
          Delete all material.                                                                                                  
                                                                                                                                
1:45:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE objected.                                                                                                 
                                                                                                                                
CHAIR MCKAY  gave his explanation of  Amendment 1.  He  said that                                                               
Amendment  1  is "primarily  a  technical  correction that  moves                                                               
substantive law  from within  the definition  of federal  area to                                                               
the body of  the bill."  He said that  this language was inserted                                                               
initially  by the  Senate, and  that the  Senate's change  was to                                                               
make  it clear  that CSSB  92(2d RES)  was meant  to assert  only                                                               
state  ownership of  submerged land  that is  currently contested                                                               
between the  state and  federal government.   He said  this would                                                               
not apply to  land that is privately owned or  land that has been                                                               
selected  but not  yet conveyed.   He  said this  amendment would                                                               
appropriately  respond to  ANCSA Regional  Association's request,                                                               
but only to the extent that CSSB 92(2d RES) is concerned.                                                                       
                                                                                                                                
1:47:20 PM                                                                                                                    
                                                                                                                                
BRENT GOODRUM,  Deputy Commissioner, Department of  Revenue, gave                                                               
invited testimony  on Amendment 1 to  CSSB 92(2d RES) and  how it                                                               
relates  to current  Alaska Statute  that acknowledges  submerged                                                               
land in the  state.  He said that Amendment  1 addresses concerns                                                               
brought  forward  by  the  ANCSA  Regional  Association,  and  no                                                               
private or  ANCSA lands  would be  impacted by  this legislation.                                                               
He  concluded, "For  these  reasons, and  the  comments that  you                                                               
shared Chair McKay, the state is supportive of Amendment 1."                                                                    
                                                                                                                                
1:49:10 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY thanked Mr. Goodrum for his testimony.                                                                              
                                                                                                                                
1:49:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE removed his objection.  There being no                                                                    
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
1:50:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER  moved to  report  CSSB  92(2d RES),  as                                                               
amended,  out of  committee with  individual recommendations  and                                                               
the accompanying  fiscal notes.   There  being no  objection, HCS                                                               
CSSB  92(RES)  was reported  from  the  House Resources  Standing                                                               
Committee.