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HB 139: "An Act approving an interim classification by the commissioner of natural resources closing certain land within the Glacier Creek and Winner Creek drainages to new mineral entry; and providing for an effective date."

00                             HOUSE BILL NO. 139                                                                          
01 "An Act approving an interim classification by the commissioner of natural resources                                    
02 closing certain land within the Glacier Creek and Winner Creek drainages to new                                         
03 mineral entry; and providing for an effective date."                                                                    
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
06 to read:                                                                                                                
07       PURPOSE.  The purpose of this Act is to approve the interim classification contained                              
08 in Mineral Closing Order No. 593, Amendment No. 3, issued by the commissioner of natural                                
09 resources to close state land in the upper Glacier Creek and Winner Creek drainages near                                
10 Girdwood to new mineral entry.  The legislature finds that the Glacier Creek and Winner                                 
11 Creek drainages hold significant potential for the development of a new four season resort in                           
12 Girdwood.  The legislature further finds that closure of the state-owned mineral estate of the                          
13 upper Girdwood Valley to new mineral entry for a 10-year period will reserve this land for the                          
14 new project and provide a specific timeframe for resort development to begin as provided in                             
01 state and Municipality of Anchorage land use plans.  If development does not begin within                               
02 this 10-year timeframe, the area is to reopen to mineral entry on April 3, 2012, as provided in                         
03 Mineral Opening Order No. 603, Amendment No. 3.  If development begins before April 3,                                  
04 2012, Mineral Opening Order No. 603, Amendment No. 3, shall be terminated, in whole or in                               
05 part, and the land shall remain closed to mineral entry.                                                                
06    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
07 read:                                                                                                                   
08       MINERAL ENTRY CLOSURE.  Under AS 38.05.300(c), and subject to existing                                            
09 valid rights, the following described state-owned land in the Glacier Creek and Winner Creek                            
10 drainages, totaling approximately 5,740 acres, is closed to new mineral entry:                                          
11       Township 10 North, Range 2 East, Seward Meridian                                                                  
12            Sections 1-3: All                                                                                            
13            Section 4: N1/2NE1/4 east of Crow Creek Road, and those portions of                                          
14               SE1/4NE1/4 and E1/2SE1/4 within the Chugach National Forest                                               
15            Section 9: E1/2NE1/4NE1/4 within the Chugach National Forest                                                 
16            Section 10:  N1/2N1/2, N1/2NE1/4SE1/4NW1/4, N1/2SW1/4NE1/4,                                                  
17               SE1/4SW1/4NE1/4, SE1/4NE1/4, N1/2NE1/4SE1/4,                                                              
18               E1/2SW1/4NE1/4SE1/4, SE1/4NE1/4SE1/4, NE1/4SE1/4SE1/4                                                     
19            Section 11: All                                                                                              
20       Township 10 North, Range 3 East, Seward Meridian                                                                  
21            Section 6:  N1/2, N1/2SW1/4                                                                                  
22       Township 11 North, Range 2 East, Seward Meridian                                                                  
23            Section 33:  SE1/4SE1/4 All land lying southeast of Crow Creek Road                                          
24            Section 34: SW1/4 All land lying east of Crow Creek Road, SE1/4; excluding                                   
25               mining claim recordations AA 56282 and AA 56283 and  U.S. Survey 11872                                    
26            Section 35:  All, excluding the N1/2NE1/4, NE1/4NW1/4                                                        
27            Section 36:  All, excluding the NW1/4NW1/4                                                                   
28       Township 11 North, Range 3 East, Seward Meridian                                                                  
29            Section 31:  All                                                                                             
30            Section 32:  W1/2                                                                                            
31    * Sec. 3.  Section 2 of this Act is repealed.                                                                      
01    * Sec. 4.  The uncodified law of the State of Alaska is amended by adding a new section to                         
02 read:                                                                                                                   
03       CONDITIONAL EFFECT.  Section 3 of this Act takes effect only if the commissioner                                
04 of natural resources certifies to the governor and the revisor of statutes on or within 30 days                         
05 before April 2, 2012, that development of a resort as described in sec. 1 of this Act and as                            
06 provided in state and Municipality of Anchorage land use plans has not begun in the area                                
07 closed to mineral entry by sec. 2 of this Act.                                                                          
08    * Sec. 5.  If sec. 3 of this Act takes effect under sec. 4 of this Act, it takes effect April 3,                   
09 2012.                                                                                                                   
10    * Sec. 6.  Except as provided in sec. 5 of this Act, this Act takes effect immediately under                       
11 AS 01.10.070(c).