04/10/2002 10:38 AM Senate RLS

CHAIRMAN  PHILLIPS  announced  that  the committee  would  have  a                                                              
substantive  hearing  on  SB  263-AFTER  ACQUIRED  TITLE  IN  REAL                                                          
PROPERTY.                                                                                                                   
                                                                                                                                
MR. JON TILLINGHAST, representing  Sealaska Corporation, explained                                                              
the intent of  SB 263 is to allow ANCSA regional  corporations, as                                                              
the  owner  of   the  subsurface,  to  work  out   acceptable  use                                                              
agreements  with owners  of surface rights.  The Senate  Judiciary                                                              
Committee decided  to restrict  SB 263  to ANCSA property  because                                                              
that's where  the initial  problem arose.  Sealaska supports  that                                                              
decision. He  noted that  a drafting problem  arose in  the Senate                                                              
Judiciary substitute in  that it can be read to say  that the bill                                                              
only applies  if the surface owner  is a Native  corporation. That                                                              
was  not the  intent:  the  intent is  that  it applies  to  ANCSA                                                              
property  no matter  who  owns the  surface.  The proposed  Senate                                                              
Rules Committee  Substitute (CS)  removes that ambiguity  (page 2,                                                              
lines 3-6)  by defining  ANCSA property as  real property  that at                                                              
some point in the chain of title  came from the federal government                                                              
to a  regional corporation.  It will  apply to  property that  has                                                              
been reconveyed several times.                                                                                                  
                                                                                                                                
SENATOR ELLIS  moved to adopt the  Senate Rules CS as  the working                                                              
document of  the committee. There  being no objection,  the motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR  ELLIS moved  CSSB 263(RLS)  and  its accompanying  fiscal                                                              
notes   from  committee   for   calendaring   at  the   Chairman's                                                              
discretion.                                                                                                                     
                                                                                                                                
There  being no  objection,  CHAIRMAN  PHILLIPS  noted the  motion                                                              
carried.