Legislature(2003 - 2004)
04/30/2004 08:43 AM House FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 305
An Act relating to state ownership of submerged land
underlying water that was navigable at the time Alaska
achieved statehood.
Vice-Chair Meyer MOVED to ADOPT Work Draft #23-LS1489
Version Q, Bullock, dated 4/13/04, as the version of
legislation before the Committee. There being NO OBJECTION,
it was so ordered.
JOE BALASH, STAFF TO SENATOR GENE THERRIAULT, explained that
the Federal Government granted all submerged lands under
navigable waters to the State of Alaska at the time of
statehood, a nearly 60 million-acre entitlement. Since that
time it has been difficult to win concessions from the
Federal Government on which waters are navigable and which
are not. In the years since statehood, Alaska has gone to
court to win determinations on 20 water bodies. Those court
decisions refined the criteria by which the determination of
navigability is made. This legislation stakes out the
State's claim to those water bodies fitting the criteria.
Mr. Balash pointed out the language on page 3, line 8 that
directs the Commissioner of the Department of Natural
Resources (DNR) to make determinations of navigability, to
compile a list, and to map the water bodies. It also directs
the DNR to give notice to the Bureau of Land Management
(BLM) of the State asserting the claim and staking it.
Mr. Balash explained that Senator Therriault pledged to work
with the Native regional corporations. Navigable water
bodies over submerged lands belong to the State. When the
BLM used incorrect criteria and conveyed acreage to the
Native corporations, the BLM conveyed lands that it no
longer possessed because Alaska received the lands at the
time of statehood. As a result, corporations were charged
for acreage they did not receive. The bill sponsor had been
working primarily through SEALASKA Corporation to address
the shared concerns.
Mr. Balash pointed out that the added language on page 3,
lines 26-30, contains a disclaimer that the list and action
does not create an interest in or right of entry onto any
real property that does not otherwise exist under State law,
that it may not be recorded and it does not constitute final
agency action. He explained that the language was added so
that determinations would not be contested within 30 days of
the action by the Commissioner. In Section 3, the sponsor
reworked the language of the notice so that it doesn't
appear adversarial, and would allow the Native corporations
to take the list to the BLM and rectify issues relating to
the prior conveyance of lands.
Representative Joule commented that a lot of good work was
put into the bill.
Representative Hawker asked if these added sections resolve
the Native corporations' concerns. Mr. Balash thought that
they did.
JON TILLINGHAST, CORPORATE COUNSEL, SEALASKA CORPORATION,
explained that Sealaska Corporation worked closely with
Senator Therriault's office and other native corporations in
a collaborative effort to sort out ownership problems on
waterways throughout the state. Sealaska Corporation feels
that the current version addresses their concerns, and
supports the bill.
In response to a question by Representative Joule, Mr.
Tillinghast said that Sealaska Corporation coordinated
closely with other regional corporations to ensure that
their interests were accommodated.
MRYL THOMPSON, REPRESENTING SELF, explained that he is a
property owner of land extending into a navigable river. He
thought that this version of the bill is better, but he
worried about its consequences. He discussed the problem of
a river running through his private property, comprising as
much as 2 acres that he's being taxed on. He said that once
the bill becomes law, he would contest the amount of land
that the borough assesses him for taxes. He would not be
compensated for his loss of 2 acres of river to the State.
He also pointed out that the lower assessment would cost the
borough money. He foresaw the same problem affecting the
Native corporations, and commented on the lengthy process of
getting land from the Federal Government.
Mr. Balash thought that Mr. Thompson's situation illustrates
why the legislation is needed. If the Federal Government
sold the submerged land prior to statehood, the land is
exempted from this situation. The bill does not take land
from anyone. If the land was conveyed to the State at the
time of statehood, it belongs to the State and could never
have been given or sold to anyone unless the State granted
it. He said that concerns over property tax assessments and
valuations should be raised with the local taxing
jurisdictions.
Representative Foster MOVED to report HCS SB 305(FIN) out of
Committee with individual recommendations and the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
HCS SB 305(FIN) was REPORTED out of Committee with a "do
pass" recommendation and one previously published fiscal
impact note.
TAPE HFC 04 - 103, Side B
| Document Name | Date/Time | Subjects |
|---|