00                      CS FOR HOUSE BILL NO. 306(RES)                                                                    
01 "An Act making certain land available for selection by the Matanuska-Susitna                                            
02 Borough."                                                                                                               
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
05 to read:                                                                                                                
06       FINDINGS OF FACT. The legislature finds that making the lands specified in sec.                                   
07 2(b) of this Act available to the Matanuska-Susitna Borough for selection and conveyance                                
08 under AS 29.65 is consistent with the testimony and position of the Department of Natural                               
09 Resources at the time the Hatcher Pass Public Use Area was created. Furthermore, the                                    
10 selection is consistent and compatible with the Hatcher Pass Management Plan, as amended.                               
11    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
12 read:                                                                                                                   
13       AVAILABILITY OF HATCHER PASS PUBLIC USE AREA LAND FOR                                                             
14 SELECTION AND CONVEYANCE TO THE MATANUSKA-SUSITNA BOROUGH. (a)                                                          

01 Notwithstanding the reservation of land, designation of the reserved land as the Hatcher Pass                           
02 Public Use Area, and assignment of control and management of the land to the Department of                              
03 Natural Resources made by AS 41.23.130, the land in (b) of this section, intended to                                    
04 accommodate alpine, Nordic, and resort development, is available to the Matanuska-Susitna                               
05 Borough for selection and conveyance under AS 29.65 or AS 38.05.810, and subject to                                     
06 AS 38.05.035 and 38.05.945.                                                                                             
07       (b)  Subject to authorization by a majority of the qualified voters in the borough voting                         
08 on the question at a general or special election, the Matanuska-Susitna Borough may select                              
09 the following land within Township 19 North, Range 1 East, Seward Meridian, that is part of                             
10 the Hatcher Pass Public Use Area:                                                                                       
11            Section 26: W1/2SW1/4 west of the line of ordinary high water of the Little                                  
12             Susitna River; and                                                                                          
13            Section 27: E1/2E1/2                                                                                         
14       Totaling 200 acres more or less.                                                                                  
15       (c)  Land described in (b) of this section that                                                                   
16            (1)  has not been selected by the Matanuska-Susitna Borough before January 1,                                
17 2007, shall remain in the Hatcher Pass Public Use Area;                                                                 
18            (2)  is selected by the Matanuska-Susitna Borough but not conveyed by the                                    
19 Department of Natural Resources shall remain available for conveyance to the Matanuska-                                 
20 Susitna Borough until all administrative and judicial appeals regarding the failure to convey                           
21 the selected land have been exhausted; and                                                                              
22            (3)  is not ultimately conveyed to the Matanuska-Susitna Borough following                                   
23 the exhaustion of all administrative and judicial appeals shall remain in the Hatcher Pass                              
24 Public Use Area unless otherwise specified by law.                                                                      
25       (d)  That portion of the land selected under (b) of this section that lies within 600 feet                        
26 of the line of ordinary high water of the Little Susitna River may not be developed or                                  
27 improved, except for trails, and may not be transferred from public ownership.                                          
28       (e)  The commissioner of natural resources shall promptly notify the revisor of statutes                          
29 of the conveyance made by the Department of Natural Resources to the Matanuska-Susitna                                  
30 Borough of land described in (b) of this section.