[§171C-16]  Transfer of public lands.  (a)  Notwithstanding chapter 171 or any provision of this chapter to the contrary, the department may transfer, subject to the approval of the board of land and natural resources, development rights for lands under its jurisdiction to the corporation for purposes of this chapter; provided that:

     (1)  Development rights for all small boat harbors that have an existing contract in force and effect relating to a lease or development agreement, or a request for proposal that has been advertised or is under negotiation for capital improvements to harbor facilities as of July 1, 2011, shall be transferred to the corporation on July 1, 2011; provided that with regard to any:

         (A)  Request for proposal that has been issued for which a contract has not been executed; or

         (B)  Contract executed by the department that is in force and effect,

          on the effective date of this section that relates to the development or redevelopment of submerged or fast lands of a small boat harbor under the control of the department, if the public land corporation is not fully operational by July 1, 2011, the department shall continue to execute its responsibilities relating to negotiating or executing a contract for any such request for proposal or managing any existing contract until the corporation is able to assume the negotiating, oversight, and management responsibilities relating to the existing contract or request for proposal, as the case may be, or until June 30, 2013, whichever occurs first;

     (2)  If the property to be developed is two hundred acres or less and the board of land and natural resources approves the transfer of development rights appurtenant to the property to be developed, the development rights shall be transferred to the corporation;

     (3)  If the property to be developed is greater than two hundred acres and the board of land and natural resources approves the transfer of development rights appurtenant to the property to be developed, the development rights shall be transferred to the corporation, subject to disapproval by the legislature by two-thirds vote of either the senate or the house of representatives or by majority vote of both houses in any regular or special session next following the date of transfer; and

     (4)  The size of any property to be developed shall be deemed to be conclusively determined by the state surveyor, as established in section 26-6.

     (b)  If the corporation finds that state lands under the control and management of the department or other public agencies are suitable for its purposes under this chapter, the corporation may lease the lands from the agency having the control and management of those lands, upon such terms and conditions as may be agreed to by the parties.

     (c)  Notwithstanding subsection (b) to the contrary, no public lands shall be leased to the corporation if the lease would impair any covenant between the State or any county, or any department or board thereof, and the holders of bonds issued by the State or the county, or any department or board thereof. [L 2011, c 55, pt of §1]

 

Note

 

  The effective date of Act 55, enacting this chapter, is July 1, 2011.