CSHB 213(RES)(TITLE AM): "An Act prohibiting the commissioner of natural resources from permanently classifying state land, water, or land and water so that mining, mineral entry and location, mineral prospecting, and mineral leasing are precluded or are designated an incompatible use without an act of the legislature if the area involved contains more than 640 contiguous acres except in certain situations; and providing for an effective date."
00CS FOR HOUSE BILL NO. 213(RES)(title am) 01 "An Act prohibiting the commissioner of natural resources from permanently 02 classifying state land, water, or land and water so that mining, mineral entry and 03 location, mineral prospecting, and mineral leasing are precluded or are designated 04 an incompatible use without an act of the legislature if the area involved contains 05 more than 640 contiguous acres except in certain situations; and providing for 06 an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 38.05.300(a) is amended to read: 09 (a) The commissioner shall classify for surface use land in areas considered 10 necessary and proper. This section does not prevent reclassification of land where the 11 public interest warrants reclassification, nor does it preclude multiple purpose use of 12 land whenever different uses are compatible. If the area involved contains more 13 than 640 contiguous acres, state [STATE] land, water, or land and water area may 14 not, except by act of the state legislature, (1) be closed to multiple purpose use, or (2)
01 be otherwise classified by the commissioner so that mining, mineral entry or 02 location, mineral prospecting, or mineral leasing is precluded or is designated an 03 incompatible use, except when the classification is necessary for a land disposal 04 or exchange or is for the development of utility or transportation corridors or 05 projects or similar projects or infrastructure, or except as allowed under (c) of 06 this section [IF THE AREA INVOLVED CONTAINS MORE THAN 640 ACRES]. 07 * Sec. 2. AS 38.05.300 is amended by adding a new subsection to read: 08 (c) Notwithstanding (a)(2) of this section, if the commissioner considers it 09 necessary and proper, the commissioner may provide by order for an interim 10 classification that precludes, or designates as an incompatible use, mining, mineral 11 entry or location, mineral prospecting, or mineral leasing. Within 10 days after the 12 convening of each regular legislative session, the commissioner shall transmit to the 13 legislature for consideration all the interim classification orders issued under this 14 subsection during the preceding calendar year. Unless the legislature approves by law 15 an interim classification contained in an order transmitted under this subsection, that 16 order expires on the 90th day of that legislative session or upon adjournment of that 17 session, whichever occurs first. Approval by the legislature of an interim classification 18 satisfies the requirement of (a) of this section for an act of the state legislature. 19 * Sec. 3. AS 38.05.300(a)(2) and (c) added by secs. 1 and 2 of this Act apply to 20 classifications made after the effective date of this Act. 21 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).