AK Stat § 14.40.365 (2021)
2021 Alaska Statutes|Title 14. Education, Libraries, and Museums|Chapter 40. The University of Alaska and the Community Colleges|Article 3. Property and Funds of the University of Alaska.|Sec. 14.40.365. University land grant.

(a) Except as provided in (b) of this section, before July 1, 2008, the commissioner of natural resources shall convey to the Board of Regents in trust for the University of Alaska, by quitclaim deed, the state land identified for conveyance to the university and described in the document titled “University of Alaska Land Grant List 2005,” dated January 12, 2005. (b) As soon as practicable after June 30, 2055, the commissioner of natural resources shall convey to the Board of Regents in trust for the University of Alaska, by quitclaim deed, the state land described as the “University Research Forest” and identified for conveyance to the university in the document titled “University of Alaska Land Grant List 2005,” dated January 12, 2005. (c) As soon as practicable after the receipt of patent from the United States, but not before the land is otherwise required to be conveyed under this section, the commissioner of natural resources shall convey to the Board of Regents in trust for the University of Alaska, by quitclaim deed, federal land that has been selected for conveyance to the state under the Alaska Statehood Act but is subject to a federal mining claim, and that is identified in the document titled “University of Alaska Land Grant List 2005,” dated January 12, 2005, for conveyance to the university upon the state's acquisition of patent. (d) Notwithstanding AS 38.05.125(a), and except as otherwise provided in this section, the transfer of ownership of land from the commissioner of natural resources to the Board of Regents in trust for the University of Alaska under this section includes the interest of the state in the coal, ores, minerals, fissionable materials, geothermal resources, and fossils, oil, and gas that may be in or on the land. (e) Land conveyed under this section to the Board of Regents in trust for the University of Alaska is subject to any valid possessory interest or other valid existing right, including any lease, license, contract, prospecting site, claim, sale, permit, right-of-way, Native allotment, or easement held by another person, including a federal, state, or municipal agency, on October 23, 2005. (f) Before conveying land under this section, the commissioner of natural resources shall reserve access under AS 38.05.127, but other provisions of AS 38.04 and AS 38.05 do not apply to the commissioner's preparation for conveyance of land to the Board of Regents in trust for the University of Alaska under this section. In addition to access under AS 38.05.127, the commissioner may reserve in the conveyance document existing offshore uses such as aquatic fish farm sites, anchorages for vessels, fish buying stations, trails, roads, and other access routes that provide public access to adjacent land and public waterways; however, an easement along tidewater reserved by the commissioner under AS 38.05.127 may not exceed 25 feet. (g) In addition to rights or an interest held by a person under (e) of this section, land conveyed to the Board of Regents in trust for the University of Alaska under this section (1) is subject to (A) sec. 6(i) of the Alaska Statehood Act (P.L. 85-508, 72 Stat. 339); (B) AS 19.10.010; (C) any easement, right-of-way, or other access under former 43 U.S.C. 932 (sec. 8, Act of July 26, 1866, 14 Stat. 253); (D) the provisions of any memorandum of agreement entered into between the University of Alaska and the commissioner of natural resources governing shared benefits or costs associated with land to be conveyed to the Board of Regents in trust for the University of Alaska; (E) any interest transferred to the state by quitclaim deed dated June 30, 1959, under authority of the Alaska Omnibus Act (P.L. 86-70, 73 Stat. 141); and (2) excludes the mineral estate on land that is subject to a valid state mining claim. (h) As soon as practicable after the extinguishment, release, or expiration of a valid state mining claim located on land to be conveyed under this section, but not before the land is otherwise required to be conveyed under this section, the commissioner of natural resources shall convey the mineral estate excluded from conveyance under (g)(2) of this section. (i) The responsibility for the management of land conveyed to the Board of Regents in trust for the University of Alaska under this section vests with the Board of Regents in trust for the University of Alaska on the date of recording of that conveyance. (j) The Board of Regents of the University of Alaska is entitled to receive any income derived from land conveyed to the Board of Regents in trust for the University of Alaska under this section accruing after the date of conveyance, including any income accruing from an existing lease, license, contract, prospecting site sale, permit, right-of-way, easement, or trespass claim. (k) Notwithstanding any other provision of this section, within 10 years after conveyance of land under this section, the Board of Regents may reconvey to the Department of Natural Resources land (1) containing hazardous waste that was present on the land before conveyance under this section; (2) on which is located a historic or archeological site that is subject to management under AS 41.35; or (3) that the Board of Regents and the commissioner of natural resources jointly agree is in the best interests of the state and the university to reconvey. (l) After October 23, 2005 and before the conveyance of a parcel of land to the Board of Regents in trust for the University of Alaska under this section, the commissioner of natural resources may not convey, without consent of the university, any irrevocable interest in a parcel that is required to be conveyed to the Board of Regents in trust for the University of Alaska under this section. (m) The commissioner of natural resources may make minor adjustments to the maps or legal descriptions of the state land identified for conveyance to the university and described in the document titled “University of Alaska Land Grant List 2005,” dated January 12, 2005, to correct omissions or errors. (n) Notwithstanding (a) of this section, the following state land described in the document entitled “University of Alaska Land Grant List 2005,” dated January 12, 2005, may not be conveyed to the University of Alaska under this section: (1) Parcel Number CS.DI.1001, Duke Island; (2) Parcel Number MF.1002, Idaho Inlet; (3) Parcel Number CS.KI.1001, Kelp Island; (4) Parcel Number HA.CH.1001, Haines-Chilkoot; (5) Parcel Number KT.1004, Neets Creek; (6) Parcel Number MA.KR.1001, Kodiak Rocket Range; (7) Parcel Number ST.1002, Pelican; (8) Parcel Number PA.1001, Port Alexander; and (9) Parcel Number ST.1002, Warm Springs Bay. (o) Notwithstanding (a) of this section, the state land identified in this subsection and described in the document entitled “University of Alaska Land Grant List 2005,” dated January 12, 2005, may not be conveyed to the University of Alaska under this section if the land is included in a borough formed before July 1, 2009, that includes Wrangell or Petersburg. If a borough is not formed before July 1, 2009, land described in this subsection shall be conveyed to the University of Alaska on July 1, 2009. If a borough is formed before July 1, 2009, and the borough does not select land described in this subsection before January 1, 2013, the land not selected by the borough shall be conveyed to the University of Alaska on June 30, 2013. The following land is subject to this subsection: (1) Parcel Number SD.1001, Beecher Pass; (2) Parcel Number SD.1001, Favor Peak; (3) Parcel Number CS.TL.1001, Three Lake Road; (4) Parcel Number SD.1001, Read Island; (5) Parcel Number SD.1001, Whitney Island; (6) Parcel Number CS.EW.1001, Earl West Cove; (7) Parcel Number CS.OV.1001, Olive Cove; and (8) Parcel Number SD.1001, Thoms Place. (p) Notwithstanding (a) of this section, each of the following parcels described in the document entitled “University of Alaska Land Grant List 2005,” dated January 12, 2005, may not be conveyed to the University of Alaska under this section until all Native allotment applications applicable to that parcel have been denied: (1) Parcel Number PA.1002, Biorka Island; and (2) Parcel Number NS.NS.1001, Lisianski Peninsula. (q) Notwithstanding (a) of this section, the state land identified in this subsection and described in the document entitled “University of Alaska Land Grant List 2005,” dated January 12, 2005, may not be conveyed to the University of Alaska under this section if the land is included in a borough formed before July 1, 2009. If a borough is not formed before July 1, 2009, the land described in this subsection shall be conveyed to the University of Alaska on July 1, 2009. If a borough is formed before July 1, 2009, and the borough does not select land described in this subsection before January 1, 2013, the land not selected by the borough shall be conveyed to the University of Alaska on June 30, 2013. The following land is subject to the provisions of this subsection: Parcel Number PA.1002, Mite Cove.