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SB 143: "An Act relating to the Alaska coastal management program and to policies and procedures for consistency reviews and the rendering of consistency determinations under that program; relating to the functions of coastal resource service areas; creating an Alaska Coastal Program Evaluation Council; eliminating the Alaska Coastal Policy Council; annulling certain regulations relating to the Alaska coastal management program; relating to actions based on private nuisance; relating to zoning within a third class borough covered by the Alaska coastal management program; and providing for effective dates."

00                             SENATE BILL NO. 143                                                                         
01 "An Act relating to the Alaska coastal management program and to policies and                                           
02 procedures for consistency reviews and the rendering of consistency determinations                                      
03 under that program; relating to the functions of coastal resource service areas; creating                               
04 an Alaska Coastal Program Evaluation Council; eliminating the Alaska Coastal Policy                                     
05 Council; annulling certain regulations relating to the Alaska coastal management                                        
06 program; relating to actions based on private nuisance; relating to zoning within a third                               
07 class borough covered by the Alaska coastal management program; and providing for                                       
08 effective dates."                                                                                                       
09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
10    * Section 1.  AS 38.05.035(e)(1) is amended to read:                                                               
11                 (1)  with the consent of the commissioner and subject to the director's                                 
12       discretion, for a specific proposed disposal of available land, resources, or property, or                        
01       of an interest in them, the director, in the written finding,                                                     
02                      (A)  shall establish the scope of the administrative review on                                     
03            which the director's determination is based, and the scope of the written                                    
04            finding supporting that determination; the scope of the administrative review                                
05            and finding may address only reasonably foreseeable, significant effects of the                              
06            uses proposed to be authorized by the disposal;                                                              
07                      (B)  may limit the scope of an administrative review and finding                                   
08            for a proposed disposal to                                                                                   
09                           (i)  applicable statutes and regulations;                                                     
10                           (ii)  the facts pertaining to the land, resources, or                                         
11                 property, or interest in them, that the director finds are material to the                              
12                 determination and that are known to the director or knowledge of which                                  
13                 is made available to the director during the administrative review; and                                 
14                           (iii)  issues that, based on the statutes and regulations                                     
15                 referred to in (i) of this subparagraph, on the facts as described in (ii) of                           
16                 this subparagraph, and on the nature of the uses sought to be authorized                                
17                 by the disposal, the director finds are material to the determination of                                
18                 whether the proposed disposal will best serve the interests of the state;                               
19                 and                                                                                                     
20                      (C)  may, if the project for which the proposed disposal is                                        
21            sought is a multiphased development, limit the scope of an administrative                                    
22            review and finding for the proposed disposal to the applicable statutes and                                  
23            regulations, facts, and issues identified in (B)(i) - (iii) of this paragraph that                           
24            pertain solely to the disposal phase of the project when                                                     
25                           (i)  the only uses to be authorized by the proposed                                           
26                 disposal are part of that phase;                                                                        
27                           (ii)  the disposal is an oil and gas disposal and, before                                     
28                 the next phase of the project may proceed, public notice and the                                        
29                 opportunity to comment are provided under regulations adopted by the                                    
30                 department [UNLESS THE PROJECT IS SUBJECT TO A                                                          
31                 CONSISTENCY REVIEW UNDER AS 46.40 AND PUBLIC                                                            
01                 NOTICE AND THE OPPORTUNITY TO COMMENT ARE                                                               
02                 PROVIDED UNDER AS 46.40.096(c)];                                                                        
03                           (iii)  the department's approval is required before the                                       
04                 next phase of the project may proceed; and                                                              
05                           (iv)  the department describes its reasons for a decision                                     
06                 to phase;                                                                                               
07    * Sec. 2.  AS 38.05.177(c) is amended to read:                                                                     
08            (c)  The director shall give notice under AS 38.05.945 of receipt of the lease                               
09       application and call for comments from the public.  The director's call for public                                
10       comments must provide opportunity for public comment for a period of not less than                                
11       60 days.  If, after review of information received during the public comment period,                              
12       the director determines that the discovery of a local source of natural gas would                                 
13       benefit the residents of an area, the director shall execute a lease for the area described                       
14       in (b) of this section.  The director shall execute the lease after completion of a title                         
15       search and [,] the close of the public comment period [, AND, IF REVIEW IS                                    
16       REQUIRED UNDER AS 46.40, AFTER THE FINAL CONSISTENCY                                                              
17       DETERMINATION IS MADE UNDER AS 46.40].  A lease entered into under this                                           
18       subsection gives the lessee the exclusive right to explore for, develop, and produce, for                         
19       a term of three years, natural gas on the state land described in the lease; the right to                         
20       explore for, develop, and produce is limited to gas from a field if a part of the field is                        
21       within 3,000 feet of the surface.                                                                                 
22    * Sec. 3.  AS 38.05.825(a) is amended to read:                                                                     
23            (a)  Unless the commissioner finds that the public interest in retaining state                               
24       ownership of the land clearly outweighs the municipality's interest in obtaining the                              
25       land, the commissioner shall convey to a municipality tide or submerged land                                      
26       requested by the municipality that is occupied or suitable for occupation and                                     
27       development if the                                                                                                
28                 (1)  land is within or contiguous to the boundaries of the municipality;                                
29                 (2)  use of the land would not unreasonably interfere with navigation or                                
30       public access;                                                                                                    
31                 (3)  municipality has applied to the commissioner for conveyance of the                                 
01       land under this section;                                                                                          
02                 (4)  land is not subject to a shore fisheries lease under AS 38.05.082,                                 
03       or, if the land is subject to a shore fisheries lease, the commissioner determines it is in                       
04       the best interests of the state to convey the land;                                                               
05                 (5)  land is classified for waterfront development or for another use that                              
06       is consistent or compatible with the use proposed by the municipality, or the proposed                            
07       use of the land is consistent or compatible with a land use plan adopted by the                                   
08       municipality or [,] the department [, OR THE ALASKA COASTAL POLICY                                            
09       COUNCIL]; and                                                                                                     
10                 (6)  land                                                                                               
11                      (A)  is required for the accomplishment of a public or private                                     
12            development approved by the municipality;                                                                    
13                      (B)  is the subject of a lease from the state to the municipality;                                 
14            or                                                                                                           
15                      (C)  has been approved for lease to the municipality.                                              
16    * Sec. 4.  AS 38.05.945(d) is amended to read:                                                                     
17            (d)  Notice at least 30 days before the action under (a)(5) of this section shall                            
18       be given to appropriate                                                                                           
19                 (1)  regional fish and game councils established under AS 16.05.260;                                    
20       and                                                                                                               
21                 (2)  coastal resource districts [SERVICE AREAS ORGANIZED                                            
22       UNDER AS 46.40.110 - 46.40.210].                                                                                  
23    * Sec. 5.  AS 38.05.965 is amended by adding a new paragraph to read:                                              
24                 (25)  "coastal resource district" has the meaning given in AS 46.39.900.                                
25    * Sec. 6.  AS 41.17.900(e) is amended to read:                                                                     
26            (e)  Subject to 16 U.S.C. 1456(f) (Sec. 307(f) of the Coastal Zone Management                                
27       Act of 1972, P.L. 92-583) as to private land, this chapter and the regulations adopted                            
28       under this chapter establish the forest management standards, policies, and review                                
29       processes under AS 46.39 [AS 46.40 (ALASKA COASTAL MANAGEMENT                                                 
30       ACT)].  This subsection does not apply to timber harvest activity that requires a state                           
31       or federal authorization under a provision of law other than this chapter.                                        
01    * Sec. 7.  AS 41.21.492(b) is amended to read:                                                                     
02            (b)  Nothing in AS 41.21.491 - 41.21.495 affects the responsibilities of                                     
03                 (1)  the Department of Fish and Game, the Board of Fisheries, or the                                    
04       Board of Game under AS 16 and AS 41.99.010;                                                                       
05                 (2)  the Department of Environmental Conservation under AS 46.03; or                                    
06                 (3)  state agencies and municipalities under AS 46.39 [AS 46.39.010                                 
07       AND AS 46.40.100].                                                                                                
08    * Sec. 8.  AS 41.21.504(b) is amended to read:                                                                     
09            (b)  Nothing in AS 41.21.500 - 41.21.514 affects the applicability of                                        
10                 (1)  AS 41.99.010 and AS 16 regarding the responsibilities of the                                       
11       Department of Fish and Game or the Board of Fisheries or the Board of Game;                                       
12                 (2)  AS 46.03 regarding the responsibilities of the Department of                                       
13       Environmental Conservation; or                                                                                    
14                 (3)  AS 46.39 [AS 46.39.010 AND AS 46.40.100] regarding the                                         
15       responsibilities of state agencies and municipalities.                                                            
16    * Sec. 9.  AS 41.23.420(d) is amended to read:                                                                     
17            (d)  The provisions of AS 41.23.400 - 41.23.510 do not affect the authority of                               
18                 (1)  the Department of Fish and Game, the Board of Fisheries, the                                       
19       Board of Game, or the Department of Community and Economic Development under                                      
20       AS 08.54, AS 16, or AS 41.99.010;                                                                                 
21                 (2)  the Department of Environmental Conservation under AS 46.03; or                                    
22                 (3)  state agencies and municipalities under AS 46.39 [AS 46.39.010                                 
23       AND AS 46.40.100].                                                                                                
24    * Sec. 10.  AS 44.33.781 is repealed and reenacted to read:                                                        
25            Sec. 44.33.781. Assistance to local coastal resource districts.  (a)  The                                  
26       department shall provide a program of research, training, and technical assistance to                             
27       coastal resource districts.  The technical assistance shall include the direct granting to                        
28       the coastal resource districts of a portion of any money received by the state from the                           
29       federal coastal zone management program, in amounts to be individually determined                                 
30       for each coastal resource district by the commissioner of community and economic                                  
31       development.  State agencies shall assist the department in carrying out the purposes                             
01       of this section.                                                                                                  
02            (b)  In this section, "coastal resource district" has the meaning given in                                   
03       AS 46.39.900.                                                                                                     
04    * Sec. 11.  AS 44.62.800(1) is amended to read:                                                                    
05                 (1)  "agency" means a department, an institution, or a division or other                                
06       administrative unit of the executive branch of state government authorized or required                            
07       by law to make regulations, except that "agency" does not include                                                 
08                      (A)  a board, [;] a commission, [;] a council, [EXCEPT THE                                 
09            ALASKA COASTAL POLICY COUNCIL ESTABLISHED IN                                                                 
10            AS 46.39.020;] an authority, [;] or a public corporation of the executive branch                         
11            of state government authorized or required by law to make regulations; or                                    
12                      (B)  the Department of Corrections;                                                                
13    * Sec. 12.  AS 46.39 is amended by adding a new section to read:                                                   
14            Sec. 46.39.007.  Declaration of intent.  The legislature declares that                                     
15                 (1)  the Alaska Coastal Management Program (ACMP) is intended to                                        
16       be a networked program that does not grant new permitting or regulatory authority to                              
17       state agencies or create a new state permit system;                                                               
18                 (2)  the ACMP is intended to function so as to minimize delay,                                          
19       regulatory confusion, costly litigation, and uncertainty regarding the feasibility of new                         
20       investment; to achieve these goals, statutory reform is needed;                                                   
21                 (3)  the environmental and natural resource protection standards of this                                
22       state are among the strongest in the nation; by establishing these programs as the                                
23       enforceable policies of the ACMP, the state will achieve a truly networked coastal                                
24       management program that relies on existing regulatory authority to manage the coastal                             
25       zone fairly, efficiently, and predictably;                                                                        
26                 (4)  the state has chosen not to enact legislation similar to 42 U.S.C.                                 
27       4321 - 4370f (National Environmental Policy Act of 1969, as amended) and, in                                      
28       furtherance of the legislative findings expressed in sec. 1(7), ch. 38, SLA 1994, the                             
29       ACMP is not intended to take the place of such a program.                                                         
30    * Sec. 13.  AS 46.39.010 is repealed and reenacted to read:                                                        
31            Sec. 46.39.010.  Coastal management duties.  (a)  As authorized by                                         
01       16 U.S.C. 1456 (sec. 307, Coastal Zone Management Act of 1972) and 15 C.F.R. Part                                 
02       930, the department shall, on behalf of the state, concur with or object to                                       
03                 (1)  federal agency consistency determinations; and                                                     
04                 (2)  consistency certifications for federal licenses, federal permits, and                              
05       OCS plans.                                                                                                        
06            (b)  The department may adopt regulations necessary to implement this                                        
07       chapter.                                                                                                        
08            (c)  The department shall                                                                                    
09                 (1)  consult with                                                                                       
10                      (A)  persons, public or private, that are interested in, affected                                  
11            by, or concerned with coastal area planning and management; and                                              
12                      (B)  agents and officials of the coastal resource districts of the                                 
13            state, and federal and state agencies concerned with or having jurisdiction over                             
14            coastal planning and management; and                                                                         
15                 (2)  develop and maintain a program of technical and financial                                          
16       assistance to aid coastal resource districts.                                                                     
17            (d)  In conformity with 16 U.S.C. 1451 - 1465 (Coastal Zone Management Act                                   
18       of 1972, as amended), the department shall develop the Alaska Coastal Management                                  
19       Program                                                                                                           
20                 (1)  using the management technique recognized in 16 U.S.C.                                             
21       1455(d)(11)(B);                                                                                                   
22                 (2)  that applies, as authorized by 16 U.S.C. 1456(c), to                                               
23                      (A)  activities within the coastal zone; and                                                       
24                      (B)  activities on federal lands, including the federal outer                                      
25            continental shelf, that would affect any land or water use or natural resource of                            
26            the state's coastal zone; for purposes of this subparagraph those activities                                 
27            consist of any activity on the federal outer continental shelf and any activity on                           
28            federal lands that are within the geographic boundaries of the state's coastal                               
29            zone notwithstanding the exclusion of federal lands in 16 U.S.C. 1453(1);                                    
30                 (3)  using appropriate statutes drawn from the following list and                                       
31       appropriate regulations adopted under those statutes as the enforceable policies of the                           
01       ACMP:                                                                                                             
02                      (A)  Department of Fish and Game:                                                                  
03                           (i)  AS 16.05.840, 16.05.850, 16.05.870, and 16.05.890;                                       
04                           (ii)  AS 16.20  (Conservation and Protection of Alaskan                                       
05                 Wildlife);                                                                                              
06                           (iii)  AS 16.40.100 - 16.40.199 (Aquatic Farming);                                            
07                           (iv)  AS 16.40.210 (Finfish Farming);                                                         
08                      (B)  Department of Natural Resources:                                                              
09                           (i)  AS 27.19  (Reclamation);                                                                 
10                           (ii)  AS 27.21  (Alaska Surface Coal Mining Control and                                       
11                 Reclamation Act);                                                                                       
12                           (iii)  AS 38.04  (Policy for Use and Classification of                                        
13                 State Land Surface);                                                                                    
14                           (iv)  AS 38.05  (Alaska Land Act);                                                            
15                           (v)  AS 38.35  (Right-of-Way Leasing Act);                                                    
16                           (vi)  AS 41.06  (Geothermal Resources);                                                       
17                           (vii)  AS 41.14  (Rivers, Lakes, and Streams);                                                
18                           (viii)  AS 41.17  (Forest Resources and Practices);                                           
19                           (ix)  AS 41.21  (Parks and Recreational Facilities);                                          
20                           (x)  AS 41.23  (Multiple Use Management of Public                                             
21                 Resources);                                                                                             
22                           (xi)  AS 41.35.010 - 41.35.240  (Alaska Historic                                              
23                 Preservation Act);                                                                                      
24                           (xii)  AS 46.15 (Alaska Water Use Act);                                                       
25                      (C)  Department of Environmental Conservation:                                                     
26                           (i)  AS 16.10.010 - 16.10.050 (functions related to                                           
27                 permit and licensing concerning interference with streams and waters);                                  
28                           (ii)  AS 46.03 (Environmental Conservation);                                                  
29                           (iii)  AS 46.04 (Oil and Hazardous Substance Pollution                                        
30                 Control);                                                                                               
31                           (iv)  AS 46.09 (Hazardous Substance Release Control);                                         
01                           (v)  AS 46.14  (Air Quality Control);                                                         
02                 (4)  using local policies adopted under (e) of this section as additional                               
03       enforceable policies of the ACMP for federal consistency reviews authorized by                                    
04       16 U.S.C. 1456(c)(1) and (2) and federal consistency certifications under 16 U.S.C.                               
05       1456(c)(3)(B);                                                                                                    
06                 (5)  using local policies included in (f) of this section as additional                                 
07       enforceable policies of the ACMP for federal consistency reviews authorized by                                    
08       16 U.S.C. 1456(c)(1) and (2) on the outer continental shelf and for federal consistency                           
09       certifications under 16 U.S.C. 1456(c)(3)(B); and                                                                 
10                 (6)  that for consistency reviews, implements the enforceable policies                                  
11       listed in (3) of this subsection only by complying with the permit requirements under                             
12       the statutes and regulations listed as the enforceable policies for the activities for                            
13       which approval is sought.                                                                                         
14            (e)  Upon nomination of the ordinance by the municipality and after public                                   
15       notice and an opportunity for comment, the department may include local ordinances                                
16       adopted by a municipality under AS 29 as enforceable policies, within or seaward of                               
17       the municipality, for federal consistency reviews authorized by 16 U.S.C. 1456(c)(1)                              
18       and (2) and federal consistency certifications under 16 U.S.C. 1456(c)(3)(B) if the                               
19       local ordinances do not duplicate existing state requirements or unreasonably restrict                            
20       uses of state concern.  Once a local ordinance is adopted as an enforceable state policy                          
21       by the department, the department shall, in consultation with the municipality,                                   
22       interpret and apply the ordinance as a part of federal consistency reviews authorized                             
23       by 16 U.S.C. 1456(c)(1) and (2) and federal consistency certifications under 16 U.S.C.                            
24       1456(c)(3)(B).  If an ordinance adopted by the department as a state enforceable                                  
25       policy is implemented through a local permit, consistency with the enforceable policy                             
26       shall be conclusively presumed by the granting of the permit by the municipality.                                 
27       Unless readopted by the department as amended, a local ordinance ceases to be an                                  
28       enforceable state policy if the local ordinance is amended or repealed.                                         
29            (f)  The following former district coastal management program enforceable                                    
30       policies that were approved by the Alaska Coastal Policy Council are adopted as                                   
31       enforceable policies, within or seaward of the corresponding district, for federal                                
01       consistency reviews authorized by 16 U.S.C. 1456(c)(1) and (2) on the federal outer                               
02       continental shelf and for federal consistency certifications under 16 U.S.C.                                      
03       1456(c)(3)(B), except that the department may, upon petition of a borough whose                                   
04       policy is listed in this subsection, delete that policy as an enforceable policy of the                           
05       ACMP:                                                                                                             
06                 (1)  North Slope Borough enforceable policies 2.4.3(a)-(d); 2.4.4(b),                                   
07       (h); 2.4.5; 2.4.5.1(a), (c), dated May 6, 1988;                                                                   
08                 (2)  Aleutians East Borough enforceable policies 7.2 A-7, G-3, G-4, G-                                  
09       5, dated November 16, 1992;                                                                                       
10                 (3)  Aleutians West Coastal Resource Service Area enforceable policies                                  
11       B-7, J-2, dated August 30, 1991;                                                                                  
12                 (4)  Bering Straits Coastal Resource Service Area enforceable policies                                  
13       A-1, B-3, B-14, dated December 22, 1989;                                                                          
14                 (5)  Bristol Bay Borough enforceable policy 1.1, dated January 3, 1984;                                 
15                 (6)  Bristol Bay Coastal Resource Service Area enforceable policies                                     
16       4.2 - 4.7, dated February 17, 1987;                                                                               
17                 (7)  Cenaliulriit Coastal Resource Service Area enforceable policies B-                                 
18       9, C-4, C-5, I-6, dated September 24, 1999;                                                                       
19                 (8)  Northwest Arctic Borough enforceable policies 6.3.3(1), (2), (10),                                 
20       dated January 7, 1998;                                                                                            
21                 (9)  City of St. Paul enforceable policy 11.1, dated April 14, 2000;                                    
22                 (10)  Kenai Peninsula Borough enforceable policies 5.6, 5.7. 5.9, 6.4c,                                 
23       12.6, dated July 3, 1990;                                                                                         
24                 (11)  Lake and Peninsula Borough enforceable policies B-8, J-2, dated                                   
25       October 31, 1996;                                                                                                 
26                 (12)  City and Borough of Yakutat enforceable policies 5.2, 5.3, 5.5,                                   
27       6.4c, dated May 13, 1999;                                                                                         
28                 (13)  City and Borough of Sitka enforceable policy 9.1, dated May 31,                                   
29       1989;                                                                                                             
30                 (14)  Kodiak Island Borough enforceable policies 5 and 11 for Energy                                    
31       Facilities, dated March 15, 1984.                                                                                 
01            (g)  In selecting enforceable policies under (d)(3) of this section, the                                     
02       department may, for purposes of the ACMP, limit the applicability of an enforceable                               
03       policy to appropriate activities or to appropriate sectors of the area described in (d)(2)                        
04       of this section.                                                                                                  
05            (h)  The department may apply for and accept grants, contributions, and other                                
06       sources of money, including application for and acceptance of federal money that may                              
07       become available under 16 U.S.C. 1451 - 1465.  The department and the Department                                  
08       of Community and Economic Development may provide grants to coastal resource                                      
09       districts consistent with 16 U.S.C. 1451 - 1465.                                                                  
10    * Sec. 14.  AS 46.39 is amended by adding new sections to article 2 to read:                                       
11            Sec. 46.39.055.  Duties of resource agencies.  The resource agencies shall                                 
12       coordinate and cooperate with the department in the administration of this chapter.                               
13            Sec. 46.39.060.  State consistency review.  (a)  For activities in the coastal                             
14       zone that only require state permits, the issuance of the applicable state permits                                
15       implementing the enforceable policies in AS 46.39.010 constitutes consistency with                                
16       the ACMP.                                                                                                         
17            (b)  Those activities subject to consistency review under this chapter that are                              
18       not federal activities subject to 16 U.S.C. 1456, are not OCS plans, do not require a                             
19       federal permit listed in AS 46.39.080, and do not require a state permit implementing                             
20       the enforceable policies in AS 46.39.010 are conclusively determined to be consistent                             
21       with the ACMP.                                                                                                    
22            Sec. 46.39.065.  Consistency review for federally administered permits.  (a)                               
23       If a person requests a federally-administered permit listed in AS 46.39.080 for an                                
24       activity within an area described in AS 46.39.010(d)(2), the person shall provide a                               
25       copy of the consistency certification submitted under 16 U.S.C. 1456(c) and 15 C.F.R.                             
26       930.57 to the department.  The consistency certification must identify the activity for                           
27       which approval is sought and the federal agencies from which approval is sought, and                              
28       must set out which state permits are required for the proposed activity.                                          
29            (b)  The department shall coordinate with the other state resource agencies                                  
30       responsible for issuance of any required state permits implementing the state's                                   
31       enforceable policies in AS 46.39.010(d)(3) and, within five days after issuance of the                            
01       required permits, issue a written concurrence to the federal agencies identified in the                           
02       consistency certification.                                                                                        
03            (c)  If a required state permit is denied, the department shall issue an objection                           
04       and further proceedings regarding the objection are governed by 16 U.S.C. 1456 and                                
05       15 C.F.R. 930.110 - 131.                                                                                          
06            (d)  Except for an activity conducted by the federal government, an activity on                              
07       federal land that is not subject to a federal permit listed in AS 46.39.080 and that does                         
08       not require a state permit is conclusively determined to be consistent with the                                   
09       enforceable policies of the ACMP.                                                                                 
10            (e)  Except for an activity conducted by the federal government, an activity on                              
11       federal land that is subject solely to a federally administered permit, including a                               
12       nationwide or general permit, and that does not require a state permit is conclusively                            
13       determined to be consistent with the enforceable policies of the ACMP.                                            
14            Sec. 46.39.070.  Consistency review for federal activities and outer                                       
15       continental shelf plans.  (a)  If a federal activity is proposed within an area described                       
16       in AS 46.39.010(d)(2), the federal agency proposing the activity shall submit to the                              
17       department a determination of consistency as required by 16 U.S.C. 1456 and                                       
18       15 C.F.R. Part 930.                                                                                               
19            (b)  If a person requests approval of an OCS plan, the person shall submit to                                
20       the department a consistency certification in the manner provided in AS 46.39.065(a).                             
21            (c)  For federal activities that, absent federal consistency review provided in                              
22       16 U.S.C. 1456, are not subject to an enforceable policy of AS 46.39.010(d)(3), and                               
23       for OCS plans, the department shall coordinate with the resource agency administering                             
24       the enforceable policy to determine whether the proposed activity would meet the state                            
25       permit requirements implementing the enforceable policy.  For federal activities that,                            
26       absent federal consistency review provided in 16 U.S.C. 1456, are not subject to an                               
27       enforceable policy of AS 46.39.010(d)(4) - (5), and for OCS plans, the department                                 
28       shall apply the enforceable policy in accordance with AS 46.39.010(e) and (f) to                                  
29       determine whether the proposed activity is consistent with the enforceable policy.                                
30            (d)  If each resource agency determines that the proposed federal activity or                                
31       OCS plan meets that agency's enforceable policy permit requirements under                                         
01       AS 46.39.010(d)(3) made applicable by the ACMP, and if the department determines                                  
02       that the proposed federal activity or OCS plan is consistent with the enforceable                                 
03       policies of AS 46.39.010(d)(4) - (5), the department shall concur with the consistency                            
04       determination.  If one of the resource agencies determines that the proposed federal                              
05       activity or OCS plan does not satisfy that resource agency's enforceable policy permit                            
06       requirements under AS 46.39.010(d)(3), or if the department determines that the                                   
07       proposed federal activity or OCS plan is inconsistent with an enforceable policy of                               
08       AS 46.39.010(d)(4) - (5) made applicable by the ACMP, the department shall, if                                    
09       feasible, issue a conditional concurrence under 15 C.F.R. 930.4 setting out conditions                            
10       that would render the proposed federal activity or OCS plan consistent.  If the                                   
11       proposed federal activity or OCS plan cannot be rendered consistent, the department                               
12       shall object to the consistency determination.                                                                    
13            (e)  If the department objects to the consistency determination, or if the                                   
14       department's conditional concurrence is deemed an objection under 15 C.F.R.                                       
15       930.4(b), further proceedings on the objection are governed by 16 U.S.C. 1456 and 15                              
16       C.F.R. 930.110 - 131.                                                                                             
17            Sec. 46.39.072.  Construction with other laws.  Nothing in this chapter shall                              
18       be construed to                                                                                                   
19                 (1)  diminish state jurisdiction, responsibility, or rights in the field of                             
20       planning, development, or control of land or water resources, submerged lands, or                                 
21       navigable waters;                                                                                                 
22                 (2)  affect in any way any state requirement imposed under a federal                                    
23       authorization or federal waiver of sovereign immunity; or                                                         
24                 (3)  diminish the zoning or planning authority of municipalities under                                  
25       AS 29.                                                                                                            
26            Sec. 46.39.075.  Scope of review.  (a)  The scope of a consistency review                                  
27       under this chapter is limited to the discrete activities proposed by the applicant for                            
28       which approval is sought, regardless of whether the activity is part of a larger project                          
29       or development that includes additional activities that may be subject to separate                                
30       consistency reviews.                                                                                              
31            (b)  Except as provided in (c) of this section, an activity is subject to no more                            
01       than one consistency review under this chapter.                                                                   
02            (c)  If an applicant seeks the renewal or reissuance of an authorization for an                              
03       existing activity that has previously been subject to consistency review under                                    
04       AS 46.39.060 - 46.39.070 or under former AS 46.40, or the issuance of an                                          
05       authorization to replace an expired authorization for an existing activity that has                               
06       previously been subject to consistency review under AS 46.39.060 - 46.39.070 or                                   
07       under former AS 46.40, the activity is conclusively determined to be consistent with                              
08       the ACMP unless the applicant proposes a modification.  If an applicant proposes a                                
09       modification to an existing activity, the consistency review procedures of                                        
10       AS 46.39.060 - 46.39.070 apply to the modification.                                                               
11            Sec. 46.39.080.  Identification of federally administered permits.  (a)  For                               
12       purposes of 16 U.S.C. 1456 and 15 C.F.R. 930.53(a), the following federal                                         
13       authorizations are subject to consistency review under this chapter:                                              
14                 (1)  a United States Department of Agriculture, United States Forest                                    
15       Service permit                                                                                                    
16                      (A)  required under 36 C.F.R. Part 251 for outfitter and guide                                     
17            operations for freshwater boat trips that include a designated area for exclusive                            
18            commercial use by the permit holder;                                                                         
19                      (B)  for mining plans of operation required under 36 C.F.R.                                        
20            228.4 - 228.8, and that require an environmental assessment or environmental                                 
21            impact statement under 42 U.S.C. 4332 (National Environmental Policy Act);                                   
22                      (C)  required under 36 C.F.R. 228.58 - 228.61 for mineral                                          
23            material sales and sites, if those sales and sites are greater than five acres or not                        
24            previously reviewed;                                                                                         
25                      (D)  required under 36 C.F.R. Part 251 for a hotel, a motel, a                                     
26            resort, a service station, a fish hatchery, mariculture, a liquid waste disposal                             
27            area, a sewage transmission line, hydroelectric projects, oil and gas pipelines,                             
28            an airport, a heliport, a dam, a reservoir, water transmission, a fish ladder,                               
29            power lines, telephone lines, or a water easement; or                                                        
30                      (E)  for ground-disturbing construction that requires one or                                       
31            more of the following:                                                                                       
01                           (i)  an environmental assessment or environmental                                             
02                 impact statement under 42 U.S.C. 4332 (National Environmental                                           
03                 Policy Act);                                                                                            
04                           (ii)  a permit from the United States Environmental                                           
05                 Protection Agency under 33 U.S.C. 1342 (sec. 402 of the Clean Water                                     
06                 Act);                                                                                                   
07                           (iii)  a permit from the United States Department of                                          
08                 Defense, Army Corps of Engineers, under 33 U.S.C. 1344 (sec. 404 of                                     
09                 the Clean Water Act);                                                                                   
10                           (iv)  an authorization from the Department of                                                 
11                 Environmental Conservation under 18 AAC 50, 18 AAC 60, 18 AAC                                           
12                 70, or 18 AAC 72 with respect to air emissions, solid waste, or                                         
13                 wastewater;                                                                                             
14                           (v)  an authorization from the department under                                               
15                 AS 41.14, or from the Department of Fish and Game under                                                 
16                 AS 16.05.840 or 16.05.870;                                                                              
17                           (vi)  a department water rights or tidelands authorization                                    
18                 under AS 46.15.010 - 46.15.160 and regulations adopted under those                                      
19                 statutes;                                                                                               
20                 (2)  a permit from the United States Secretary of Commerce under                                        
21       33 U.S.C. 1441, for activities in a national marine sanctuary;                                                    
22                 (3)  a permit from the United States Department of Defense, Army                                        
23       Corps of Engineers,                                                                                               
24                      (A)  under 33 U.S.C. 401 and 403 (secs. 9 and 10 of the Rivers                                     
25            and Harbors Act), authorizing the construction of bridges, causeways, dams,                                  
26            and dikes, and the obstruction of navigable waters;                                                          
27                      (B)  under 43 U.S.C. 1333 (sec. 4 of the Outer Continental Shelf                                   
28            Lands Act), authorizing artificial islands or fixed structures on the outer                                  
29            continental shelf;                                                                                           
30                      (C)  under 33 U.S.C. 1413 (sec. 103 of the Marine Protection                                       
31            Research and Sanctuaries Act), authorizing ocean dumping outside the limits                                  
01            of the territorial sea; or                                                                                   
02                      (D)  under 33 U.S.C. 1344 (sec. 404 of the Clean Water Act),                                       
03            authorizing discharges of dredged or fill material into navigable waters;                                    
04                 (4)  a United States Department of Energy, Federal Energy Regulatory                                    
05       Commission                                                                                                        
06                      (A)  license for the construction and operation of non-federal                                     
07            hydroelectric projects and associated transmission lines under 16 U.S.C. 797(e)                              
08            and 808 (secs. 4(e) and 15 of the Federal Power Act);                                                        
09                      (B)  order for interconnection of electric transmission facilities                                 
10            under 16 U.S.C. 824a(b) (sec. 202(b) of the Federal Power Act);                                              
11                      (C)  permission and approval for the abandonment of natural                                        
12            gas pipeline facilities under 15 U.S.C. 717f(b) (sec. 7(b) of the Natural Gas                                
13            Act); or                                                                                                     
14                      (D)  certificate of public convenience and necessity for the                                       
15            construction and operation of natural gas pipeline facilities, including both                                
16            interstate pipeline and liquified natural gas terminal facilities under 15 U.S.C.                            
17            717f(c) (sec. 7(c) of the Natural Gas Act);                                                                  
18                 (5)  a United States Environmental Protection Agency                                                    
19                      (A)  permit required under 33 U.S.C. 1342 (sec. 402 of the                                         
20            Clean Water Act), authorizing discharge of pollutants into navigable waters;                                 
21                      (B)  permit required under 33 U.S.C. 1345 (sec. 405 of the                                         
22            Clean Water Act), authorizing disposal of sewage sludge;                                                     
23                      (C)  permit under 40 C.F.R. Part 63 for new sources or for                                         
24            modification of existing sources, or a waiver of compliance allowing                                         
25            extensions of time to meet air quality standards under 42 U.S.C. 7412(c)(1)                                  
26            (sec. 112(c)(1) of the Clean Air Act); or                                                                    
27                      (D)  air quality exemption granted under 40 C.F.R. 60.14 or                                        
28            40 C.F.R. 64.2 for stationary sources;                                                                       
29                 (6)  a United States Department of the Interior,                                                        
30                      (A)  Bureau of Land Management permit and license under                                            
31            43 C.F.R. Part 2920, for drilling and mining and related facilities on public                                
01            lands;                                                                                                       
02                      (B)  Bureau of Land Management permit under 43 C.F.R.                                              
03            2800.0-1 - 2808.6, for pipeline rights-of-way on public lands;                                               
04                      (C)  Bureau of Land Management permit and license under                                            
05            43 C.F.R. 2800.0-1 - 2808.6, for rights-of-way on public lands;                                              
06                      (D)  Minerals Management Service OCS plans within the                                              
07            meaning given in 15 C.F.R. 930.73;                                                                           
08                      (E)  National Park Service right-of-way permit under 36 C.F.R.                                     
09            14.1-14.96; or                                                                                               
10                      (F)  Bureau of Land Management, Mineral Management                                                 
11            Service, and United States Fish and Wildlife Service right-of-way permit under                               
12            43 C.F.R. Part 2880;                                                                                         
13                 (7)  a United States Nuclear Regulatory Commission permit and license                                   
14       for the                                                                                                           
15                      (A)  siting of nuclear facilities under 10 C.F.R. Part 52;                                         
16                      (B)  construction of nuclear facilities under 10 C.F.R. Part 52;                                   
17            or                                                                                                           
18                      (C)  operation of nuclear facilities under 10 C.F.R. Parts 54 -                                    
19            55;                                                                                                          
20                 (8)  a United States Department of Transportation, United States Coast                                  
21       Guard permit under                                                                                                
22                      (A)  33 U.S.C. 401 (sec. 9 of the Rivers and Harbors Act) and                                      
23            33 C.F.R. Part 321, for construction or modification of bridge structures and                                
24            causeways across navigable waters;                                                                           
25                      (B)  33 U.S.C. 1501 - 1524, for siting, construction, and                                          
26            operation of deepwater ports; or                                                                             
27                      (C)  33 U.S.C. 401 (sec. 9 of the Rivers and Harbors Act),                                         
28            authorizing the obstruction of navigable waters.                                                             
29            (b)  An activity not conducted by the federal government that requires a                                   
30       federally administered nationwide or general permit and does not require a state or                               
31       municipal permit implementing the enforceable policies in AS 46.39.010 is                                         
01       conclusively determined to be consistent with the enforceable policies of the ACMP.                             
02            Sec. 46.39.085.  Public participation.  The department shall ensure that any                               
03       public notice issued by a state resource agency complies with the requirements of                                 
04       15 C.F.R. 930.42 or 15 C.F.R. 930.61, as applicable.  For federal activities and OCS                              
05       plans, the department shall ensure public notice as required by 15 C.F.R. 930.61.                                 
06    * Sec. 15.  AS 46.39.900 is repealed and reenacted to read:                                                      
07            Sec. 46.39.900.  Definitions.  In this chapter, unless the context requires                                
08       otherwise,                                                                                                      
09                 (1)  "ACMP" means the Alaska Coastal Management Program;                                                
10                 (2)  "coastal resource district" means each of the following that                                       
11       contains a portion of the coastal zone of the state:                                                              
12                      (A)  unified municipalities;                                                                       
13                      (B)  organized boroughs of any class that exercise planning and                                    
14            zoning authority;                                                                                            
15                      (C)  home rule, first class, and second class cities within                                        
16            boroughs that do not exercise planning and zoning authority;                                                 
17                      (D)  home rule, first class, and second class cities of the                                        
18            unorganized borough;                                                                                         
19                 (3)  "coastal zone" means the coastal waters including lands within and                                 
20       under those waters, and adjacent shorelands, including the waters within and under                                
21       those shorelands, within the boundaries approved by the Alaska Coastal Policy                                     
22       Council and the federal Office of Ocean and Coastal Resource Management as of                                     
23       July 1, 2003; "coastal zone" includes areas added as a result of any boundary changes                             
24       by the department after July 1, 2003, in conformance with 16 U.S.C. 1451 - 1465                                   
25       (Coastal Zone Management Act of 1972, as amended); "coastal zone" does not include                                
26                      (A)  those lands excluded under 16 U.S.C. 1453(1); or                                              
27                      (B)  areas deleted as a result of any boundary changes by the                                      
28            department after July 1, 2003 in conformance with 16 U.S.C. 1451 - 1465                                      
29            (Coastal Zone Management Act of 1972, as amended);                                                           
30                 (4)  "department" means the Department of Natural Resources;                                            
31                 (5)  "OCS plan" has the meaning given in 15 C.F.R. 930.71 and 930.73;                                   
01                 (6)  "resource agency" means the Department of Environmental                                            
02       Conservation, the Department of Fish and Game, or the Department of Natural                                       
03       Resources;                                                                                                        
04                 (7)  "state permit" means a permit, authorization, certification,                                       
05       approval, or other form of permission that a state resource agency is authorized to                               
06       issue, and the requirements of which are adopted as the enforceable policies under                                
07       AS 46.39.010(d)(3);                                                                                               
08                 (8)  "uses of state concern" means those land and water uses that would                                 
09       significantly affect the long-term public interest; "uses of state concern" include                               
10                      (A)  uses of national interest, including the use of resources for                                 
11            the siting of ports and major facilities that contribute to meeting national                                 
12            energy needs, construction and maintenance of navigational facilities and                                    
13            systems, resource development of federal land, and national defense and                                      
14            related security facilities that are dependent upon coastal locations;                                       
15                      (B)  uses of more than local concern, including those land and                                     
16            water uses that confer significant environmental, social, cultural, or economic                              
17            benefits or burdens beyond a single coastal resource district;                                               
18                      (C)  the siting of major energy facilities, activities pursuant to a                               
19            state or federal oil and gas lease, or large-scale industrial or commercial                                  
20            development activities that are dependent on a coastal location and that,                                    
21            because of their magnitude or the magnitude of their effect on the economy of                                
22            the state or the surrounding area, are reasonably likely to present issues of                                
23            more than local significance;                                                                                
24                      (D)  facilities serving statewide or interregional transportation                                  
25            and communication needs; and                                                                                 
26                      (E)  uses in areas established as state parks or recreational areas                                
27            under AS 41.21 or as state game refuges, game sanctuaries, or critical habitat                               
28            areas under AS 16.20.                                                                                        
29    * Sec. 16.  AS 09.45.230(b)(2)(B)(iv); AS 38.05.037(b)(2); AS 39.50.200(b)(38);                                    
30 AS 44.33.844(5); AS 44.62.800(2)(B); AS 46.39.020, 46.39.030, 46.39.040, 46.39.050;                                     
31 AS 46.40.010, 46.40.020, 46.40.030, 46.40.040, 46.40.050, 46.40.060, 46.40.070, 46.40.080,                              
01 46.40.090, 46.40.094, 46.40.096, 46.40.100, 46.40.110, 46.40.120, 46.40.130, 46.40.140,                                 
02 46.40.150, 46.40.160, 46.40.170, 46.40.180, 46.40.190, 46.40.200, and 46.40.210 are                                     
03 repealed.                                                                                                               
04    * Sec. 17.  Section 19 of this Act is repealed.                                                                    
05    * Sec. 18.  The following regulations are annulled:                                                                
06            (1)  6 AAC 50.005 - 6 AAC 50.990;                                                                            
07            (2)  6 AAC 80.010 - 6 AAC 80.900;                                                                            
08            (3)  6 AAC 85.020 - 6 AAC 85.900.                                                                            
09    * Sec. 19.  The uncodified law of the State of Alaska is amended by adding new sections to                         
10 read:                                                                                                                 
11       TRANSITION:  ALASKA COASTAL PROGRAM EVALUATION COUNCIL.  (a)                                                      
12 There is created in the Department of Natural Resources the Alaska Coastal Program                                      
13 Evaluation Council.  The council shall wind up its affairs before July 1, 2005.  The council                            
14 consists of 14 members comprised of the commissioners of environmental conservation, fish                               
15 and game, and natural resources, four industry representatives, and seven public members.                               
16 The four industry representatives shall be appointed by the governor and drawn from four                                
17 separate industries.  Each industry representative must have at least 10 years of experience in                         
18 commercial fishing, mining, oil and gas, or timber harvesting.  The seven public members                                
19 shall be appointed by the governor from a list comprised of at least three names from each                              
20 region, nominated by the municipalities of each region.  The public member nominees must                                
21 be the mayor or member of the assembly or council of a municipality.  One public member                                 
22 shall be appointed from each of the following general regions:                                                          
23            (1)  northwest Alaska, including, generally, the area of the North Slope                                     
24 Borough and the Northwest Arctic Borough;                                                                               
25            (2)  Bering Straits, including, generally, the area of the Bering Straits regional                           
26 educational attendance area;                                                                                            
27            (3)  southwest Alaska, including, generally, the area within the Lower Yukon,                                
28 Lower Kuskokwim, and Southwest regional educational attendance areas and the Lake and                                   
29 Peninsula and Bristol Bay Boroughs;                                                                                     
30            (4)  Kodiak-Aleutians, including the area of the Kodiak Island and Aleutian                                  
31 East Boroughs and the Aleutian, Adak, and Pribilof regional educational attendance areas;                               
01            (5)  Cook Inlet, including the Kenai Peninsula Borough, the Municipality of                                  
02 Anchorage, and the Matanuska-Susitna Borough;                                                                           
03            (6)  Prince William Sound, including, generally, the area east of the Kenai                                  
04 Peninsula Borough to 141 W. longitude;                                                                                  
05            (7)  southeast Alaska, including the area southeast of 141 W. longitude.                                     
06       (b)  Each member appointed under (a) of this section serves until July 1, 2005, unless                            
07 removed for cause by the governor.                                                                                      
08       (c)  Each member of the council shall select one person to serve as a permanent                                   
09 alternate at meetings of the council.  If a member of the council is unable to attend, the                              
10 member shall advise the alternate, who may attend and act in place of the member.  The                                  
11 names of alternates shall be filed with the council.                                                                    
12       (d)  Eight members of the council constitute a quorum.  All decisions of the council                              
13 shall be by a majority vote of the members present and voting.  The meetings are subject to                             
14 AS 44.62.310 - 44.62.312 (Open Meetings of Governmental Bodies).  The council may use                                   
15 teleconferencing to conduct its meetings.                                                                               
16       (e)  Members of the council are entitled to per diem and travel expenses authorized by                            
17 law for members of boards and commissions.                                                                              
18       (f)  A member must meet the qualifications set out in (a) of this section for nomination                          
19 in order to continue to serve on the council.  If a member fails to meet those qualifications or                        
20 if a vacancy exists among the members for any other reason, the governor shall, within 30                               
21 days after the establishment of the vacancy by lack of qualification or other reason, make an                           
22 appointment, to be immediately effective, for the unexpired portion of the life of the council.                         
23 An appointment by the governor made under this subsection to fill an unexpired term of a                                
24 member shall comply with the requirements of (a) of this section.  However, the governor                                
25 may appoint from qualified persons without soliciting from municipalities nominations of                                
26 persons to fill the unexpired portion of the term.                                                                      
27       (g)  The council may                                                                                              
28            (1)  consult with                                                                                            
29                 (A)  persons, public or private, that are interested in, affected by, or                                
30       concerned with coastal area planning and management;                                                              
31                 (B)  agents and officials of the coastal resource districts of the state,                               
01       and federal and state agencies concerned with or having jurisdiction over coastal                                 
02       planning and management; and                                                                                      
03            (2)  take any reasonable action necessary to carry out the provisions of this                                
04 section.                                                                                                                
05       (h)  The council shall                                                                                            
06            (1)  review the effectiveness of the Alaska Coastal Management Program                                       
07 contained in AS 46.39;                                                                                                  
08            (2)  no later than April 15, 2005, report to the governor concerning the                                     
09 performance of the program.                                                                                             
10       (i)  The council shall use the staff of the Department of Natural Resources in                                    
11 discharging its powers and duties.                                                                                      
12    * Sec. 20.  The uncodified law of the State of Alaska is amended by adding a new section to                        
13 read:                                                                                                                   
14       TRANSITION.  (a)  The Department of Natural Resources may proceed to adopt                                        
15 regulations necessary to implement this Act.  The regulations take effect under AS 44.62                                
16 (Administrative Procedure Act), but not before the effective date of the respective provisions                          
17 of this Act.                                                                                                            
18       (b)  The Department of Natural Resources, Department of Fish and Game, and                                        
19 Department of Environmental Conservation shall review the categorically consistent                                      
20 approvals and general concurrence determinations under the former Alaska coastal                                        
21 management program as it existed on February 1, 2003, and no later than January 1, 2004,                                
22 shall, to the extent feasible, create general permits similar to the categorically consistent                           
23 approvals and general concurrence determinations that were available under the former                                   
24 Alaska coastal management program as it existed on February 1, 2003, with appropriate                                   
25 modifications reflecting the changes in law made by this Act.                                                           
26       (c)  Consistency reviews initiated under former AS 46.40.096, AS 44.19.145(a)(11), or                             
27 AS 46.39.010 before July 1, 2003, may at the applicant's option exercised no later than July 1,                         
28 2003, be continued and completed under the procedures and enforceable policies under                                    
29 former AS 46.39 and 46.40 as they existed on June 30, 2003.                                                             
30       (d)  Except as provided in (c) of this section, contracts, rights, liabilities, and                               
31 obligations created by or under a law repealed or a regulation abrogated by this Act, and in                            
01 effect on the day before the effective date of this Act, remain in effect notwithstanding this                          
02 Act's taking effect.                                                                                                    
03    * Sec. 21.  The uncodified law of the State of Alaska is amended by adding a new section to                        
04 read:                                                                                                                   
05       REVISOR'S INSTRUCTIONS.  (a)  The revisor of statutes is instructed to change the                                 
06 heading of                                                                                                              
07            (1)  AS 46.39 from "Coastal Management Administration; Alaska Coastal                                        
08 Policy Council" to "The Alaska Coastal Management Program";                                                             
09            (2)  article 1 of AS 46.39 from "Coastal Management Administration" to                                       
10 "Development of the Alaska Coastal Management Program";                                                                 
11            (3)  article 2 of AS 46.39 from "Alaska Coastal Policy Council" to "Alaska                                   
12 Coastal Management Program Consistency Reviews."                                                                        
13       (b)  Wherever in the Alaska Administrative Code the terms "division of governmental                               
14 coordination of the office of management and budget," "DGC," or "director of the division of                            
15 governmental coordination" are used, the regulations attorney is instructed to change those                             
16 terms to read, respectively, as "Department of Natural Resources," "DNR," or "commissioner                              
17 of natural resources" when to do so would be consistent with AS 44.62.125(b)(6) and the                                 
18 changes made by this Act.                                                                                               
19   * Sec. 22.  The uncodified law of the State of Alaska is amended by adding a new section to                         
20 read:                                                                                                                   
21       CONDITIONAL EFFECT.  This Act takes effect only if Executive Order 106 takes                                      
22 effect.                                                                                                                 
23    * Sec. 23.  If this Act takes effect, sec. 20 of this Act takes effect immediately under                           
24 AS 01.10.070(c).                                                                                                        
25    * Sec. 24.  If this Act takes effect, sec. 17 of this Act takes effect July 1, 2005.                               
26    * Sec. 25.  If this Act takes effect, except as provided in secs. 23 and 24 of this Act, this Act                  
27 takes effect July 1, 2003.