SB0199B -1- CSSB 199(TRA)
New Text Underlined [DELETED TEXT BRACKETED]
33-GS2634\S
CS FOR SENATE BILL NO. 199(TRA)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY THE SENATE TRANSPORTATION COMMITTEE
Offered: 2/21/24
Referred: Resources, Finance
Sponsor(s): SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
A BILL
FOR AN ACT ENTITLED
"An Act relating to access roads; relating to state land; relating to contracts for the sale 1
of state land; relating to the authority of the Department of Education and Early 2
Development to dispose of state land; relating to the authority of the Department of 3
Transportation and Public Facilities to dispose of state land; relating to the acceptance 4
of gifts, donations, and grants by the Department of Natural Resources; relating to 5
accounting for certain program receipts; relating to the authority of the Department of 6
Natural Resources over certain state land; relating to the state land disposal income 7
fund; relating to the sale and lease of state land; relating to covenants and restrictions 8
on agricultural land; and providing for an effective date." 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10
* Section 1. AS 14.07.030(a) is amended to read: 11
(a) The department may 12 33-GS2634\S
CSSB 199(TRA) -2- SB0199B
New Text Underlined [DELETED TEXT BRACKETED]
(1) establish, maintain, govern, operate, discontinue, and combine area, 1
regional, and special schools; 2
(2) enter into contractual agreements with the Bureau of Indian Affairs 3
or with a school district to share boarding costs of secondary school students; 4
(3) provide for citizenship night schools when and where expedient; 5
(4) provide for the sale or other disposition of abandoned or obsolete 6
buildings and other state-owned school property; 7
(5) prescribe a classification for items of expense of school districts; 8
(6) acquire and transfer personal property, acquire real property, and 9
transfer an interest in real property according to terms, standards, and conditions 10
established by the commissioner [TO FEDERAL AGENCIES, STATE AGENCIES, 11
OR TO POLITICAL SUBDIVISIONS]; 12
(7) enter into contractual agreements with school districts to provide 13
more efficient or economical education services; reasonable fees may be charged by 14
the department to cover the costs of providing services under an agreement, including 15
costs for professional services, reproduction or printing, and mailing and distribution 16
of educational materials; 17
(8) provide for the issuance of elementary and secondary diplomas to 18
persons not in school who have completed the equivalent of an 8th or 12th grade 19
education, respectively, in accordance with standards established by the department; 20
(9) apply for, accept, and spend endowments, grants, and other private 21
money available to the state for educational purposes in accordance with AS 37.07 22
(Executive Budget Act); 23
(10) set student tuition and fees for educational and extracurricular 24
programs and services provided and schools operated by the department under the 25
provisions of (1) of this section and AS 14.07.020(a)(9), (11), and (12); 26
(11) charge fees to cover the costs of care and handling with respect to 27
the acquisition, warehousing, distribution, or transfer of donated foods; 28
(12) establish and collect fees for the rental of school facilities and for 29
other programs and services provided by the schools; 30
(13) develop a model curriculum and provide technical assistance for 31 33-GS2634\S
SB0199B -3- CSSB 199(TRA)
New Text Underlined [DELETED TEXT BRACKETED]
early childhood education programs; 1
(14) notwithstanding any other provision of this title, intervene in a 2
school district to improve instructional practices under standards established by the 3
department in regulation, including directing the 4
(A) employees identified by the department to exercise 5
supervisory authority for instructional practices in the district or in a specified 6
school; 7
(B) use of appropriations under this title for distribution to a 8
district; 9
(15) notwithstanding any other provision of this title, redirect public 10
school funding under AS 14.17 appropriated for distribution to a school district, after 11
providing notice to the district and an opportunity for the district to respond, 12
(A) when necessary to contract for services to improve 13
instructional practices in the district; 14
(B) when the district has failed to take an action required by the 15
department to improve instructional practices in the district; if funding is 16
redirected under this subparagraph, the department shall provide the redirected 17
funding to the district when the department has determined that the required 18
action is satisfactorily completed; or 19
(C) in accordance with AS 14.07.070, when the district has 20
failed to comply with the school laws of the state or with the regulations 21
adopted by the department. 22
* Sec. 2. AS 19.30.080 is amended to read: 23
Sec. 19.30.080. Construction standards and maintenance. An access road 24
constructed under AS 19.30.060 - 19.30.100 may [SHALL] be of low standard, not 25
necessarily suitable for all weather use. The state is not under obligation to maintain 26
an access road constructed under AS 19.30.060 - 19.30.100. If an access road is 27
constructed outside a municipality that has zoning ordinances, the right-of-way width 28
for the road shall be determined by the division of lands and the Department of 29
Transportation and Public Facilities. If an access road under AS 19.30.060 - 30
19.30.100 is constructed within the boundaries of a municipality that has zoning 31 33-GS2634\S
CSSB 199(TRA) -4- SB0199B
New Text Underlined [DELETED TEXT BRACKETED]
ordinances, the right-of-way width must [SHALL] conform to the subdivision control 1
ordinances of the municipality in the same manner and to the same extent as 2
private landowners. Contracts for the work on an access road are governed by 3
AS 36.30 (State Procurement Code). 4
* Sec. 3. AS 35.20.070 is repealed and reenacted to read: 5
Sec. 35.20.070. Vacating and disposing of land; rights in land. (a) The 6
department may vacate an easement acquired for a public works purpose by executing 7
and filing a deed in the appropriate recording district. Upon filing, title to the vacated 8
rights in land inures to the underlying real property owner in the manner and 9
proportion considered equitable by the commissioner and set out in the deed. 10
(b) If the department determines that land or rights in land acquired by the 11
department are no longer necessary for public works purposes, the department shall 12
offer the land to the Department of Natural Resources. If the Department of Natural 13
Resources accepts the offer within 45 days after it receives the offer, the department 14
shall transfer the land to the Department of Natural Resources. If the Department of 15
Natural Resources rejects the offer or fails to accept the offer within 45 days after it 16
receives the offer, the offer is terminated and the department may sell, contract to sell, 17
lease, or exchange the land according to terms, standards, and conditions established 18
by the commissioner. 19
(c) Proceeds received from the sale or lease of land under this section shall be 20
credited to the funds from which the purchase of the land was originally made. 21
* Sec. 4. AS 37.05.146(c) is amended by adding a new paragraph to read: 22
(86) gifts, donations, and grants received by the Department of Natural 23
Resources under AS 38.05.033. 24
* Sec. 5. AS 38.04.022 is amended to read: 25
Sec. 38.04.022. State land disposal income fund. (a) The revenue from the 26
state land disposal program shall be deposited in the state land disposal income fund in 27
the state treasury. On June 30 of each fiscal year, the portion of that fund that exceeds 28
$12,000,000 [$5,000,000] shall be deposited in the state general fund. The legislature 29
may appropriate money from the state land disposal income fund for expenditure by 30
the Department of Natural Resources for necessary costs incurred by the 31 33-GS2634\S
SB0199B -5- CSSB 199(TRA)
New Text Underlined [DELETED TEXT BRACKETED]
commissioner in the implementation of state land disposal programs authorized under 1
this title or for any other public purpose. 2
(b) Within five days after the legislature convenes in regular session, the 3
Department of Natural Resources shall notify the legislature that a report reflecting all 4
money deposited in the fund established under (a) of this section during the previous 5
[PRIOR] fiscal year is available. The report may include a recommendation to 6
amend the deposit limit established in (a) of this section. 7
* Sec. 6. AS 38.04.045(b) is amended to read: 8
(b) Before the issuance of [A LONG-TERM LEASE UNDER AS 38.05.070 9
OR OF] a patent for state land, an official cadastral survey shall be accomplished, 10
unless a comparable, approved survey exists that has been conducted by the federal 11
Bureau of Land Management. Before land may be offered under AS 38.08 or 12
AS 38.09, or before land may be offered under AS 38.05.055 or 38.05.057, except 13
land that is classified for agricultural uses, an official rectangular survey grid shall be 14
established. The rectangular survey section corner positions shall be monumented and 15
shown on a cadastral survey plat approved by the state. For those areas where the state 16
may wish to convey surface estate outside of an official rectangular survey grid, the 17
commissioner may waive monumentation of individual section corner positions and 18
substitute an official control survey with control points being monumented and shown 19
on control survey plats approved by the state. The commissioner may not issue more 20
than one conveyance for each section within a township outside of an official 21
rectangular survey grid. Land to be conveyed may not be located more than two miles 22
from an official survey control monument except that the commissioner may waive 23
this requirement on a determination that a single purpose use does not justify the 24
requirement if the existing status of the land is known with reasonable certainty. The 25
lots and tracts in state subdivisions shall be monumented and the cadastral survey and 26
plats for the subdivision shall be approved by the state. Where land is located within a 27
municipality with planning, platting, and zoning powers, plats for state subdivisions 28
shall comply with local ordinances and regulations in the same manner and to the 29
same extent as plats for subdivisions by other landowners. State subdivisions shall be 30
filed and recorded in the district recorder's office. The requirements of this section do 31 33-GS2634\S
CSSB 199(TRA) -6- SB0199B
New Text Underlined [DELETED TEXT BRACKETED]
not apply to land made available for material sales, for short-term leases, for parcels 1
adjoining a surveyed right-of-way, or for land that has been open to random staking 2
under the homestead program in the past; however, for short-term leases, the lessee 3
shall comply with local subdivision ordinances unless waived by the municipality 4
under procedures specified by ordinance. In this subsection, "a single purpose use" 5
includes a communication site, an aid to navigation, and a park site. 6
* Sec. 7. AS 38.04.045 is amended by adding a new subsection to read: 7
(c) The commissioner may require an official cadastral survey under (b) of 8
this section before the issuance of a long-term lease under AS 38.05.070. 9
* Sec. 8. AS 38.05 is amended by adding a new section to read: 10
Sec. 38.05.033. Gifts, donations, and grants to the department. (a) The 11
commissioner may apply for and accept on behalf of the state grants from a federal or 12
state agency, foundation, or person for any function or purpose of the department. 13
(b) The department may accept gifts, donations, and grants from a person or 14
agency for the purpose of providing signage for an asset under the control of the 15
department. All gifts, donations, and grants shall be used in accordance with a 16
memorandum of understanding agreed on by the donor and the department. Any 17
signage created under this subsection is subject to the necessary funds being collected 18
from the donor. State funds may not be expended for signage under this subsection 19
until the necessary funds have been collected from the donor. 20
(c) Nothing in this section prevents the state from using state funds to provide 21
signage for an asset under the control of the department. 22
* Sec. 9. AS 38.05.055 is repealed and reenacted to read: 23
Sec. 38.05.055. Auction sale or sealed bid procedures. (a) Unless another 24
method of sale is allowed under this chapter, AS 38.08, or AS 38.09, the sale of state 25
land shall be made at public auction or by sealed bid, at the discretion of the director, 26
to the highest qualified bidder as determined by the director. The director may accept 27
bids and sell state land under this section at not less than 70 percent of the appraised 28
fair market value of the land. 29
(b) To qualify to participate under this section in a public auction or sale by 30
sealed bid of state land that is other than commercial, industrial, or agricultural land, a 31 33-GS2634\S
SB0199B -7- CSSB 199(TRA)
New Text Underlined [DELETED TEXT BRACKETED]
bidder must be a resident of the state for at least one year immediately preceding the 1
date of the sale and submit proof of that fact as required by regulation. A bidder may 2
be represented by an attorney or agent at a public auction. 3
(c) An aggrieved bidder may appeal to the commissioner within five days after 4
the sale for a review of the director's determination. 5
(d) The director shall conduct a sale under this section. The successful bidder 6
at a public auction, or, for a sealed bid, each bidder when submitting a bid, shall 7
provide an earnest money deposit in the amount of at least five percent of the bid 8
amount. Not later than 10 days after the public auction or sale by sealed bid, the 9
director shall issue a receipt to the successful bidder. The director's receipt shall 10
contain a description of the land or property purchased, the bid price, and the amount 11
deposited. If the bidder fails to enter into a contract to purchase or defaults in the 12
payment of the bid amount, five percent of the bid amount shall be forfeited to the 13
state. 14
* Sec. 10. AS 38.05.065(a) is amended to read: 15
(a) A [THE] contract of sale for land, an interest in land, or property sold 16
under this chapter, including under AS 38.05.057, may be issued for [AT PUBLIC 17
AUCTION OR BY SEALED BID UNDER AS 38.05.055 SHALL REQUIRE] the 18
remainder of the purchase price to be paid in monthly, quarterly, or annual 19
installments over a period of not more than 30 [20] years, with interest at the rate 20
provided in (i) of this section. Installment payments plus interest shall be set on the 21
level-payment basis. 22
* Sec. 11. AS 38.05.065(c) is amended to read: 23
(c) The director shall, for contracts under (a) [, (b),] or (h) of this section, set 24
out in the contract for each sale the period for the payment of installments and the total 25
purchase price plus interest. The director, with the consent of the commissioner, may 26
also include in contracts under this section conditions, limitations, and terms 27
considered necessary and proper to protect the interest of the state. Violations of any 28
provision of this chapter or the terms of the contract of sale subject the purchaser to 29
appropriate administrative and legal action, including but not limited to specific 30
performance, termination [FORECLOSURE], ejectment, or other legal remedies in 31 33-GS2634\S
CSSB 199(TRA) -8- SB0199B
New Text Underlined [DELETED TEXT BRACKETED]
accordance with applicable state law. 1
* Sec. 12. AS 38.05.065(d) is amended to read: 2
(d) If a contract for a sale of state land has been breached, the director may 3
issue a decision to [FORECLOSE AND] terminate the contract at any time 31 days 4
after delivering by certified mail a written notice of the breach to the address of record 5
of the purchaser. A breach caused by the failure to make payments required by the 6
contract may be cured within 30 days after the notice of the breach has been received 7
by the purchaser by payment of the sum in default together with the larger of a fee of 8
$50 or five percent of the sum in default. If there are material facts in dispute between 9
the state and the purchaser, the purchaser may submit a written request for a public 10
hearing for the review of the facts within 30 days after the notice of the breach has 11
been received. 12
* Sec. 13. AS 38.05.065(e) is amended to read: 13
(e) Upon [ON] a determination that there has been a breach of the contract 14
based on the administrative record and the evidence presented at a hearing, if a 15
hearing is requested under (d) of this section, the director shall issue a decision 16
[FORECLOSING THE INTEREST OF THE PURCHASER AND] terminating the 17
contract. The obligation to make payments under the contract continues through the 18
date of the director's decision to terminate the contract [FORECLOSE BY THE 19
DIRECTOR]. 20
* Sec. 14. AS 38.05.065(f) is amended to read: 21
(f) The director shall deliver the decision to [FORECLOSE AND] terminate 22
the contract personally to the purchaser or send it certified mail, return receipt 23
requested, to the address of record of the purchaser. If the breach is a failure to make 24
payments required by the contract, the decision shall include a notice to the purchaser 25
that if within 30 days the purchaser pays to the state the full amount of the unpaid 26
contract price, including all accrued interest, and any fees assessed under (d) of this 27
section, the commissioner [DEPARTMENT] shall issue to the purchaser a deed to the 28
land. If full payment is not made within 30 days or the breach is for other than failure 29
to make payment, the decision [FORECLOSES AND] terminates all legal and 30
equitable rights the purchaser has in the land. 31 33-GS2634\S
SB0199B -9- CSSB 199(TRA)
New Text Underlined [DELETED TEXT BRACKETED]
* Sec. 15. AS 38.05.065(h) is amended to read: 1
(h) The commissioner, after consulting with the Board of Agriculture and 2
Conservation (AS 03.09.010), 3
(1) shall provide that, notwithstanding (a) [AND (b)] of this section, in 4
a contract for the sale of land classified under AS 38.05.020(b)(6) for agricultural 5
uses, the interest rate to be charged on installment payments may not exceed 9.5 6
percent; and 7
(2) may declare a moratorium of up to five years on payments on land 8
sold under this section for land classified under AS 38.05.020(b)(6) for agricultural 9
uses if 10
(A) the commissioner determines that the moratorium is in the 11
best interest of the state; 12
(B) the commissioner certifies and the contract purchaser 13
agrees to perform farm development, crop production, and harvesting, not 14
including land clearing or related activity, requiring the expenditure of 15
amounts equivalent to the payments that would otherwise be made during the 16
moratorium; 17
(C) the sale of the agricultural land takes place after July 1, 18
1979; and 19
(D) the contract purchaser is in compliance with the 20
development plan specified in the purchase contract at the time the purchaser 21
applies for a moratorium under this paragraph and remains in compliance with 22
the development plan during the moratorium; for the payments subject to the 23
moratorium declared under this paragraph, interest payments are subject to the 24
moratorium but interest continues to accrue during the moratorium. 25
* Sec. 16. AS 38.05.065 is amended by adding new subsections to read: 26
(j) If a sale of state land is to be made by means other than as prescribed by 27
AS 38.05.055, the director shall require a person applying to purchase land, an interest 28
in land, or property to submit an earnest money deposit of at least five percent of the 29
purchase price with the application for a contract to purchase land, an interest in land, 30
or property. The earnest money deposit shall be applied toward the purchase price. If 31 33-GS2634\S
CSSB 199(TRA) -10- SB0199B
New Text Underlined [DELETED TEXT BRACKETED]
the applicant fails to enter into a contract to purchase or defaults in the payment of the 1
purchase price, five percent of the purchase price shall be forfeited to the state. 2
(k) Notwithstanding (a) of this section, the commissioner may, upon a best 3
interest finding, determine that the purchase price for a parcel of land with existing 4
improvements valued at greater than $10,000 must be paid in full within 120 days of 5
closing. 6
* Sec. 17. AS 38.05 is amended by adding a new section to read: 7
Sec. 38.05.086. Leases and sales of land for commercial development. (a) 8
For purposes of stimulating economic development in the state, the commissioner may 9
offer land identified under (b) of this section for lease for commercial development by 10
issuing a request for proposals. A lessee eligible under (m) of this section may 11
purchase the leased land. 12
(b) The commissioner may identify land appropriate for commercial 13
development from any or all of the following categories: 14
(1) state land identified or nominated as a qualified opportunity zone 15
under 26 U.S.C. 1400Z-1 and 1400Z-2; 16
(2) state land nominated by the public; a public nomination may not 17
exceed 640 acres in size; 18
(3) any other state land the commissioner deems appropriate for 19
commercial development. 20
(c) If land identified in (b) of this section is classified in a manner that does 21
not allow disposal of the land, the commissioner may classify or reclassify the land 22
under AS 38.04.065 and AS 38.05.300. Before classifying or reclassifying land under 23
this subsection, the commissioner shall provide public notice under AS 38.05.945. 24
Notwithstanding AS 38.05.945(c)(2) and (3), regardless of whether the land is located 25
inside or outside a municipality, the commissioner shall provide notice to a 26
(1) regional corporation if the boundaries of the corporation as 27
established by 43 U.S.C. 1606(a) (sec. 7(a), Alaska Native Claims Settlement Act) 28
encompass the land; 29
(2) village corporation organized under 43 U.S.C. 1607(a) (sec. 8(a), 30
Alaska Native Claims Settlement Act) if the land is within 25 miles of the village for
31 33-GS2634\S
SB0199B -11- CSSB 199(TRA)
New Text Underlined [DELETED TEXT BRACKETED]
which the corporation was established. 1
(d) Upon a finding under AS 38.05.035(e) that the lease and sale of the land 2
within the areas opened is in the best interests of the state, the commissioner may 3
request in writing proposals to lease land within the areas identified in (b) of this 4
section for commercial development. 5
(e) A person may apply to develop land within the areas by responding to the 6
commissioner's request for proposals and paying an application fee established by 7
regulation. In addition to information requested by the commissioner in the request for 8
proposals, a response to the request for proposals must include the specific 9
(1) type of commercial development proposed; and 10
(2) location, description, and size of the land for the proposed 11
commercial development; the size of land requested in a response to a request for 12
proposals may not exceed 20 acres and must be reasonably compact. 13
(f) The commissioner's request for proposals must be posted on the Alaska 14
Online Public Notice System (AS 44.62.175) for at least 30 consecutive days and must 15
be furnished in electronic format or by mail to each person who received notice of the 16
decision issued under AS 38.05.035(e). 17
(g) A response to the commissioner's request for proposals must be in writing 18
and submitted by the deadline set by the commissioner. The commissioner may reject 19
a proposal that does not meet the requirements of this section or that the commissioner 20
determines in writing is not in the best interests of the state. The commissioner's 21
decision to reject a proposal is subject to appeal or a petition for reconsideration under 22
AS 44.37.011. 23
(h) If the commissioner determines that only one suitable proposal for a 24
specific area of land exists, the commissioner may issue a lease to that person as 25
provided in this section as long as the proposal is in the best interests of the state. If 26
the commissioner determines that there are two or more suitable proposals for the 27
same or overlapping land, the commissioner shall hold a public auction or sealed bid, 28
limited to those persons who submitted proposals for the same or overlapping land, 29
and award the lease to the highest bidder as long as the proposal of the highest bidder 30
is in the best interests of the state. 31 33-GS2634\S
CSSB 199(TRA) -12- SB0199B
New Text Underlined [DELETED TEXT BRACKETED]
(i) If a potential lessee selected under (h) of this section declines the lease 1
offer, the commissioner may begin negotiations with the potential lessee who provided 2
the next highest bid to develop the terms and conditions for a lease. 3
(j) The commissioner shall set, using a method of compensation set out in 4
AS 38.05.073(m), an annual fee for a commercial land lease under this section to 5
ensure that the state receives, for the term of the lease, a fair return for the use of the 6
land granted by the lease. 7
(k) A lease under this section may only be assigned by a lessee at the 8
discretion of the director. The initial term of the lease may not be more than five years. 9
At the director's discretion and only if the lease is in good standing, the lease may 10
renewed for one additional term of not more than five years. The director may extend 11
a lease in good standing for up to two years beyond the renewal term if the director 12
determines the extension will facilitate sale of the parcel to the lessee. 13
(l) The commissioner may terminate a commercial land lease under this 14
section before the expiration of the lease for a breach of the terms of the lease, 15
including a failure to use the land in a manner required by the lease. Upon expiration 16
of the term of a lease or the termination of the lease before expiration, improvements 17
to or personal property on the land subject to the lease shall be managed in the manner 18
required by AS 38.05.090. 19
(m) At any time during the lease, a lessee in good standing may submit an 20
application to the department to purchase all or a portion of the land leased under this 21
section for the fair market value of the land at the time of purchase. The lessee shall 22
pay an application fee provided by regulation. 23
(n) If an application to purchase land under (m) of this section is approved, 24
before closing, the lessee, at the lessee's expense, shall have the parcel appraised and 25
surveyed in a manner acceptable to the department. 26
(o) An eligible lessee under (m) of this section may apply the amount of the 27
lease payments made under the lease to the purchase price of the land. Other amounts 28
paid, including fees, penalties, survey costs, and appraisal costs, may not be applied to 29
the purchase price of the land. 30
(p) If an application to purchase land under (m) of this section is denied, the 31 33-GS2634\S
SB0199B -13- CSSB 199(TRA)
New Text Underlined [DELETED TEXT BRACKETED]
lessee may continue to hold the lease according to the terms of the lease, and may 1
reapply to purchase the land. A subsequent application to purchase the land must 2
address the reasons the previous application was denied. 3
(q) The commissioner shall adopt regulations under AS 44.62 (Administrative 4
Procedure Act) to implement this section. Regulations adopted under this subsection 5
must, at a minimum, address 6
(1) the application procedures for a commercial land lease or sale 7
under this section; 8
(2) the auction or sealed bid process to be used, if necessary, under (h) 9
of this section; 10
(3) the terms and conditions that may be included in a commercial land 11
lease under this section; 12
(4) the method for resolving competitive bidding disputes and issues; 13
(5) the procedure for requesting proposals; 14
(6) the criteria for assessing proposals; and 15
(7) any administrative fees. 16
(r) The commissioner shall reserve easements and rights-of-way on and across 17
land made available for commercial development under this section after providing 18
regional corporations, village corporations, tribes, municipal governments, and other 19
interested parties an opportunity to review and comment on the proposed reserved 20
easements and rights-of-way, and an opportunity to appeal a decision under 21
AS 44.37.011. The commissioner shall reserve easements and rights-of-way under this 22
section for trails that have an established history of use for commerce, recreation, 23
transportation, or providing access to a traditional outdoor activity. In this subsection, 24
"traditional outdoor activity" has the meaning given in AS 38.04.200. 25
(s) Before leasing or disposing of land under this section, the commissioner 26
shall provide notice under AS 38.05.945 and prepare a best interest finding in writing 27
in accordance with AS 38.05.035(e). In making a best interest finding under this 28
subsection, the commissioner shall consider the effects of the lease or sale on 29
subsistence uses, fish and wildlife habitat and populations and their uses, and 30
historical and cultural resources. 31 33-GS2634\S
CSSB 199(TRA) -14- SB0199B
New Text Underlined [DELETED TEXT BRACKETED]
(t) If the commissioner identifies land appropriate for commercial 1
development under (b)(1) of this section, the commissioner shall prepare a report that 2
describes the municipal and state government services that the commissioner 3
anticipates would be required in the identified area if the land is commercially 4
developed and the municipal and state tax revenue that would be required to provide 5
those services. The commissioner shall submit each report prepared under this 6
subsection in a calendar year to the senate secretary and chief clerk of the house of 7
representatives on or before the first day of each regular session of the legislature the 8
following year and shall notify the legislature that the reports are available. 9
(u) In this section, "good standing" means that a lessee is not in default on any 10
material term of a lease under this section and has satisfied all the development 11
requirements of the lease. 12
* Sec. 18. AS 38.05.321(d) is amended to read: 13
(d) For state land classified as agricultural land that is conveyed under (a) of 14
this section, 15
(1) the commissioner may require the landowner to cooperate with the 16
appropriate soil and water conservation district under AS 41.10 in the development 17
and implementation of soil conservation plans as authorized by AS 41.10.110(6); 18
(2) as a condition of the conveyance, the commissioner may not 19
require preparation and implementation of a schedule of planned agricultural 20
development or a farm development plan specified in a land purchase contract unless 21
the commissioner permits modification of a plan in cases of economic hardship or 22
other extenuating circumstances; 23
(3) the commissioner may not 24
(A) limit the right of the landowner to use the land and 25
improvements for purposes that are consistent and do not interfere 26
[INCIDENTAL TO AND NOT INCONSISTENT] with the primary use of the 27
land for agricultural purposes; 28
(B) except as provided by (i) of this section, limit the right of a 29
landowner to construct housing for the landowner and farm laborers, to 30
construct improvements for animals, or to construct improvements that are 31 33-GS2634\S
SB0199B -15- CSSB 199(TRA)
New Text Underlined [DELETED TEXT BRACKETED]
reasonably required for or related to agricultural use on the original parcel and 1
on additional subdivided parcels, not to exceed the limits and restrictions set by 2
(a)(2) of this section; and 3
(C) limit the right of the landowner to subdivide and convey 4
the land if the resulting parcels are not in violation of the limits and restrictions 5
set out in (a)(2) of this section. 6
* Sec. 19. AS 38.05.965 is amended by adding a new paragraph to read: 7
(29) "public auction" means a public oral outcry auction or a public 8
online auction. 9
* Sec. 20. AS 38.05.065(b) is repealed. 10
* Sec. 21. This Act takes effect immediately under AS 01.10.070(c). 11