HB 325: "An Act establishing an Alaska coastal management program."
00 HOUSE BILL NO. 325 01 "An Act establishing an Alaska coastal management program." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 46.40 is amended by adding new sections to read: 04 Article 1. Development of Alaska Coastal Management Program. 05 Sec. 46.40.310. Alaska Coastal Policy Board. (a) The Alaska Coastal Policy 06 Board is created in the Department of Commerce, Community, and Economic 07 Development. The board consists of the following: 08 (1) nine public members and nine alternate public members appointed 09 by the governor from a list composed of at least three names from each region, 10 nominated and submitted by the coastal districts of each region; one public member 11 and one alternate public member shall be appointed from each of the following 12 regions: 13 (A) northwest Alaska, including, generally, the area of the 14 North Slope Borough and the Northwest Arctic Borough; 15 (B) Bering Strait, including, generally, the area of the Bering
01 Strait regional educational attendance area and the City of Nome; 02 (C) southwest Alaska, including, generally, the area within the 03 Lower Yukon, Lower Kuskokwim, and Southwest regional educational 04 attendance areas, the City of Bethel, the City of Dillingham, the Lake and 05 Peninsula Borough, and the Bristol Bay Borough; 06 (D) Kodiak-Aleutians, including the area of the Kodiak Island 07 Borough, the Aleutian East Borough, and the Aleutian, Adak, and Pribilof 08 regional educational attendance areas; 09 (E) Upper Cook Inlet, including the Municipality of Anchorage 10 and the Matanuska-Susitna Borough; 11 (F) Lower Cook Inlet, including, generally, the area within the 12 Kenai Peninsula Borough; 13 (G) Prince William Sound, including, generally, the area east of 14 the Kenai Peninsula Borough to 141 West longitude; 15 (H) northern Southeast Alaska, including the area southeast of 16 141 West longitude and north of 57 North latitude, including the entirety of the 17 City and Borough of Sitka; and 18 (I) southern Southeast Alaska, including that portion of 19 Southeast Alaska not contained within the area described in (H) of this 20 paragraph; 21 (2) each of the following designated members: 22 (A) the commissioner of environmental conservation; 23 (B) the commissioner of fish and game; 24 (C) the commissioner of natural resources; and 25 (D) the commissioner of commerce, community, and economic 26 development. 27 (b) Public members and alternate public members serve staggered terms of 28 three years. The public member and the alternate public member of each region shall 29 be appointed to the same term. Except as provided by (f) of this section, each member 30 serves until a successor is appointed. A public member and an alternate public 31 member may be reappointed.
01 (c) If a public member serving under (a)(1) of this section is unable to attend a 02 meeting of the board, the alternate may attend. 03 (d) If a member serving under (a)(2) of this section is unable to attend a 04 meeting of the board, a deputy commissioner, or the director of a division, in the same 05 department may attend and act in place of the member. The names of deputies or 06 directors serving as alternates for members serving under (a)(2) of this section shall be 07 filed with the board. 08 (e) The board shall designate co-chairs, one of whom shall be selected from 09 among the public members appointed under (a)(1) of this section and one from among 10 the members designated in (a)(2) of this section. 11 (f) The board may recommend that the governor remove a public member for 12 cause. 13 (g) Five public members and two designated members of the board constitute 14 a quorum, but action may not be taken without the affirmative votes of at least six 15 members. The board may delegate to one or more of its members the power to hold 16 hearings. All decisions of the board shall be by a majority vote of the members present 17 and voting. 18 (h) The board shall meet at least four times a year and as often as necessary to 19 fulfill its duties under this chapter. Meetings may be held and members may vote 20 telephonically, except one board meeting a year shall be held in person. 21 (i) Public members and alternate public members, attending in the place of 22 public members, of the board are entitled to per diem and travel expenses authorized 23 by law for members of boards and commissions under AS 39.20.180. 24 (j) Administrative support for the board shall be provided by staff of the 25 department, who shall be in the classified service. The department, under the direction 26 of the board, shall contract with or employ personnel or consultants the department 27 considers necessary to assist the board in carrying out the board's duties and 28 responsibilities. 29 Sec. 46.40.320. Powers and duties of the board. (a) The board shall 30 (1) review and approve regulations necessary to implement the Alaska 31 coastal management program in conformity with this chapter and 16 U.S.C. 1451 -
01 1466 (Coastal Zone Management Act of 1972); 02 (2) direct the department to seek approval of the Alaska coastal 03 management program by the National Oceanic and Atmospheric Administration, 04 Office of Ocean and Coastal Resource Management, in conformity with this chapter 05 and 16 U.S.C. 1451 - 1466 (Coastal Zone Management Act of 1972); 06 (3) initiate an interagency program of strategic coastal and ocean 07 planning for each geographic region of the state; 08 (4) after receiving the department's recommendations, review and 09 approve coastal district management plans, including the local enforceable policies of 10 the plans, that meet the provisions of this chapter and the district plan criteria; 11 (5) establish continuing coordination among state agencies to facilitate 12 the development and implementation of the Alaska coastal management program; 13 (6) evaluate the effectiveness of district coastal management plans; and 14 (7) direct the department to apply for and accept grants, contributions, 15 and appropriations, including federal funds that may become available for coastal 16 planning and management. 17 (b) The board may 18 (1) contract for necessary services; 19 (2) take any reasonable action necessary to carry out the provisions of 20 this chapter. 21 Sec. 46.40.330. Division of ocean and coastal management. The division of 22 ocean and coastal management is created in the department. The division shall 23 (1) render, on behalf of the state, all federal consistency determinations 24 and certifications authorized by 16 U.S.C. 1456 (sec. 307, Coastal Zone Management 25 Act of 1972) and each conclusive state consistency determination when a project 26 requires a permit or lease from two or more state resource agencies; 27 (2) develop and, after approval by the board under AS 46.40.320(a)(1), 28 adopt regulations necessary to implement this chapter under AS 44.62 (Administrative 29 Procedure Act); 30 (3) ensure the continued provision of data and information to coastal 31 districts to carry out their planning and management functions under the program; and
01 (4) develop and maintain a program of financial assistance to aid 02 coastal districts in the development and implementation of district coastal 03 management plans. 04 Sec. 46.40.340. Alaska coastal management program regulations. The 05 department shall develop regulations that include 06 (1) statewide standards for the Alaska coastal management program, 07 and criteria for the preparation and approval of district coastal management plans; and 08 (2) consistency review procedures in accordance with this chapter, 09 including provisions for 10 (A) review of activities proposed or permitted by a state or 11 federal agency; 12 (B) the types of activities that will trigger a consistency review; 13 (C) review of phased activities and uses; 14 (D) public notice and opportunities for public comment; 15 (E) elevation of determinations to the commissioners of the 16 resource agencies; 17 (F) establishment of review timelines; 18 (G) exclusion from a consistency review for a project of 19 (i) aspects of activities that are covered by a general 20 permit previously found consistent with the Alaska coastal 21 management program; and 22 (ii) routine activities with insignificant effects to coastal 23 uses or resources. 24 Sec. 46.40.350. Objectives. The Alaska coastal management program must be 25 consistent with the following objectives: 26 (1) the use, management, restoration, and enhancement of the overall 27 quality of the coastal environment for this generation and succeeding generations; 28 (2) the development of industrial or commercial enterprises that are 29 consistent with the social, cultural, historic, economic, and environmental interests of 30 the people of the state; 31 (3) the orderly, balanced use and protection of the resources of the
01 coastal area consistent with sound conservation and sustained yield principles; 02 (4) the management of coastal land and water uses in such a manner 03 that, generally, those uses that are economically or physically dependent on a coastal 04 location are given higher priority when compared to uses that do not economically or 05 physically require a coastal location; 06 (5) the protection and management of significant historic, cultural, 07 natural, and aesthetic resources and natural systems or processes within the coastal 08 area; 09 (6) the prevention of damage to or degradation of land and water 10 reserved for their natural values as a result of inconsistent land or water uses adjacent 11 to that land or water; 12 (7) the recognition of the need for a continuing supply of energy to 13 meet the requirements of the state and the contribution of a share of the state's 14 resources to meet national energy needs; 15 (8) the full and fair evaluation of all demands on and uses of the land 16 and water in the coastal area; 17 (9) the coordination of planning and decision making in the coastal 18 area among levels of government and individuals engaging in, or affected by, 19 activities that involve the coastal resources of the state; 20 (10) the participation of the public, local governments, and agencies of 21 the state and federal governments in the development and implementation of a coastal 22 management program; 23 (11) the requirement that state resource agencies carry out their duties, 24 powers, and responsibilities that affect the use of coastal area resources in accordance 25 with the coastal management program established by this chapter. 26 Sec. 46.40.360. Development of district coastal management plans. (a) 27 Coastal districts shall develop and adopt district coastal management plans in 28 accordance with the provisions of this chapter. The plan developed and adopted by a 29 coastal district shall be based on a municipality's existing comprehensive plan or a 30 new comprehensive resource use plan or comprehensive statement of needs, policies, 31 objectives, and standards governing the use and conservation of resources within the
01 coastal area of the district. The plan must meet the district plan criteria adopted under 02 AS 46.40.340 and must include 03 (1) a delineation within the district of the boundaries of the coastal area 04 subject to the district coastal management plan; 05 (2) a statement, list, or definition of the land and water uses and 06 activities subject to the district coastal management plan; 07 (3) a statement of enforceable policies to be applied to all the land and 08 water uses subject to the district coastal management plan; 09 (4) a designation of any special management areas; 10 (5) a statement of the enforceable policies that will be applied to the 11 use of special management areas. 12 (b) The board shall approve an initial or amended district coastal management 13 plan if the 14 (1) plan meets the requirements of this chapter and the district plan 15 criteria adopted by the department in regulation; and 16 (2) enforceable policies of the plan 17 (A) do not duplicate, restate, or incorporate by reference state 18 or federal statutes or regulations; 19 (B) are not preempted by federal or state law; 20 (C) do not arbitrarily or unreasonably restrict a use of state 21 concern; 22 (D) are clear and concise as to the activities and persons 23 affected by the policies and the requirements of the policies; 24 (E) use prescriptive or performance-based standards that are 25 written in precise and enforceable language; and 26 (F) address a coastal use or resource of concern to the residents 27 of the coastal district as demonstrated by local knowledge or supported by 28 scientific evidence. 29 Sec. 46.40.370. Implementation of district coastal management plans. (a) A 30 district coastal management plan approved under AS 46.40.360 for a coastal district 31 that does not have and exercise zoning or other controls on the use of resources within
01 the coastal area shall be implemented by appropriate state agencies. Implementation 02 shall be in accordance with the comprehensive use plan or the statement of needs, 03 policies, objectives, and standards adopted by the district. 04 (b) A coastal district that has and exercises zoning or other controls on the use 05 of resources within the coastal area shall implement its district coastal management 06 plan. Implementation shall be in accordance with the comprehensive use plan or the 07 statement of needs, policies, objectives, and standards adopted by the district. 08 Sec. 46.40.380. Compliance and enforcement. (a) Municipalities and state 09 resource agencies shall administer land and water use regulations or controls in 10 conformity with district coastal management plans approved and adopted under this 11 chapter. 12 (b) The superior courts of the state have jurisdiction to enforce lawful orders 13 of the board and the department under this chapter. 14 Article 2. Coastal Management Plans in the Unorganized Borough. 15 Sec. 46.40.390. Coastal management plans in the unorganized borough. A 16 coastal resource service area organized under AS 46.40.400 - 46.40.450 shall exercise 17 those authorities and perform those duties required under this chapter. 18 Sec. 46.40.400. Coastal resource service areas. (a) Except as provided in (b) 19 and (d) of this section, each regional educational attendance area established under 20 AS 14.08.031 that contains a portion of the coastal area of the state may be organized 21 as a coastal resource service area. 22 (b) The commissioner may, after public hearings held in the affected area, 23 consolidate two or more regional educational attendance areas as a single coastal 24 resource service area, if 25 (1) the federal government exercises exclusive jurisdiction over a 26 substantial portion of the coastal area; 27 (2) a substantial portion of the coastal area is held in trust for Alaska 28 Natives by the federal government and the state does not exercise control as to use of 29 that area; or 30 (3) after giving due consideration to the standards applicable to 31 incorporation of borough governments and the likelihood that a borough may be
01 incorporated within the area, the commissioner determines that the functions 02 performed by a resource service area under this chapter will be undertaken more 03 efficiently through consolidating two or more regional educational attendance areas as 04 a single coastal resource service area. 05 (c) A determination by the commissioner under (b) of this section may be 06 made only before a coastal resource service area is organized under (a) of this section. 07 (d) For purposes of coastal management only, the commissioner of the 08 department may, after public hearings held in the affected regional educational 09 attendance area, divide an existing regional educational attendance area into three or 10 fewer coastal resource service areas according to geographic, cultural, economic, 11 environmental, or other features relevant to coastal management planning. Each 12 coastal resource service area formed by dividing an existing regional educational 13 attendance area under this subsection must contain at least one first class or home rule 14 city. 15 (e) A city within a coastal resource service area that has been formed by the 16 division of a regional educational attendance area under (d) of this section may not 17 elect to exclude itself from that coastal resource service area. 18 Sec. 46.40.410. Establishment of coastal resource service areas. (a) A 19 coastal resource service area may be established by a vote held under AS 46.40.430 if 20 (1) a petition, signed by a number of registered voters equal to at least 21 15 percent of the number of votes cast in the proposed coastal resource service area at 22 the last state general election, is submitted to the board; or 23 (2) a resolution, approved by the city council or traditional village 24 council of at least 25 percent of the number of cities and villages in the proposed 25 coastal resource service area, is submitted to the board. 26 (b) If the board receives a petition submitted under (a)(1) of this section or a 27 resolution submitted under (a)(2) of this section, the board shall request that the 28 lieutenant governor hold a vote under AS 46.40.430 as to whether the proposed coastal 29 resource service area should be established. The lieutenant governor, not less than 60 30 nor more than 90 days after receiving the board's request that an election be held, shall 31 administer an election on the question in the proposed coastal resource service area.
01 Sec. 46.40.420. Coastal resource service area boards. (a) Each coastal 02 resource service area shall have an elected service area board representing the 03 population of the service area. The service area board shall have the powers and duties 04 of and perform the functions prescribed for or required of a coastal district. 05 (b) A coastal resource service area board shall contain seven members. Board 06 members shall be elected at large by the qualified voters of the coastal resource 07 service area. 08 (c) The term of office of a member of a coastal resource service area board is 09 three years. Members serve until their successors are elected and have qualified. This 10 section does not prohibit the reelection of a member of a service area board. 11 (d) The lieutenant governor shall provide for the election of the members of 12 coastal resource service area boards. 13 (e) Election of members of coastal resource service area boards shall be held 14 annually on the date of election of members of regional educational attendance area 15 boards under AS 14.08.071(b). If no candidate files for election to a seat on the coastal 16 resource service area board, the seat is considered vacant at the time a newly elected 17 member would have taken office. 18 (f) A seat on a coastal resource service area board shall be declared vacant by 19 the board if the criteria under AS 14.08.045(a) apply to the person elected. A vacancy 20 on a coastal resource service area board shall be filled by appointment as provided in 21 AS 14.12.070 for vacancies in the membership of regional educational attendance area 22 boards. 23 (g) Members of coastal resource service area boards are subject to recall on 24 the same grounds and in the same manner as provided for recall of municipal officials 25 in AS 29.26.240 - 29.26.350. The lieutenant governor functions in place of the 26 assembly or council and municipal clerk for receipt and review of recall petitions and 27 the conduct of recall elections. 28 (h) Members of a coastal resource service area board are entitled to per diem 29 and travel expenses authorized by law for members of boards and commissions under 30 AS 39.20.180 and honorariums for coastal resource service area board meetings 31 attended in person.
01 Sec. 46.40.430. Elections in coastal resource service areas. Elections under 02 AS 46.40.390 - 46.40.450 shall be administered by the lieutenant governor in the 03 general manner provided in AS 15 (Alaska Election Code). In addition, the lieutenant 04 governor may adopt regulations necessary to the conduct of coastal resource service 05 area board elections. The state shall pay all election costs. 06 Sec. 46.40.440. Preparation of district coastal management plan by the 07 Department of Commerce, Community, and Economic Development. (a) If 08 residents of a proposed coastal resource service area reject organization of the service 09 area at an election called for the purpose under AS 46.40.410 and the Alaska Coastal 10 Policy Board finds, after public hearing, that major economic development activity has 11 occurred or will occur within the service area, the board may direct the Department of 12 Commerce, Community, and Economic Development to prepare and recommend for 13 consideration by the board a district coastal management plan for the proposed service 14 area. 15 (b) At the request of the board, the Department of Commerce, Community, 16 and Economic Development shall complete the district coastal management plan for a 17 coastal resource service area that has been organized but that has failed to make 18 substantial progress in the preparation of an approvable district coastal management 19 program within 18 months after certification of the results of an organization election 20 or that has not submitted for approval to the board a program within 30 months after 21 certification of the results of its organization election. The department shall complete 22 the plan in accordance with this chapter and the guidelines and standards adopted by 23 the board. Preparation of the plan shall be conducted in consultation with the coastal 24 resource service area and shall, to the maximum extent consistent with this chapter, 25 reflect the expressed concerns of the residents of the service area. 26 (c) Before requesting the department to complete a district coastal 27 management plan under (b) of this section, the Alaska Coastal Policy Board shall meet 28 with the members of the coastal resource service area board to determine whether the 29 coastal resource service area board is able to complete a district coastal management 30 plan within the time limitations established in this section. 31 Sec. 46.40.450. Approval of plans in coastal resource service areas. (a)
01 Before adoption by a coastal resource service area board, a district coastal 02 management plan must be submitted for review to each city or village within the 03 coastal resource service area. The council of a city or traditional village council shall 04 consider the plan submitted for review. Within 60 days after submission, the council 05 of a city or traditional village council shall either approve the plan or enter objections 06 to all or any portion of the plan. 07 (b) If a city or village within a coastal resource service area fails to approve a 08 portion of the district coastal management plan prepared and submitted for approval 09 under (a) of this section, the governing body shall advise the coastal resource service 10 area board of its objections to the proposed plan and suggest alternative elements or 11 components for inclusion in the district coastal management plan. New matter 12 submitted by a city or village that meets the district plan criteria adopted under this 13 chapter may be accepted by the district, and the district coastal management plan 14 modified accordingly. If a city or village fails to provide objections and suggested 15 alternatives within the time limits established in this section, the coastal resource 16 service area board may adopt the district coastal management plan as initially offered. 17 (c) Objection by a city council under (b) of this section is limited to objection 18 to elements of the plan affecting resources or the use of resources within the corporate 19 limits of the city. Objection by a traditional village council under (b) of this section is 20 limited to objection to elements of the plan affecting resources or the use of resources 21 within the village or within two miles of the village. 22 Article 3. General Provisions. 23 Sec. 46.40.460. Cooperative administration. (a) A city within the coastal area 24 that is not part of a coastal resource service area shall be included for purposes of this 25 chapter within an adjacent coastal resource service area unless its governing body, by 26 resolution adopted by a majority of its membership, chooses to exclude the city from 27 an adjacent coastal resource service area and a copy of the resolution is filed with the 28 commissioner of commerce, community, and economic development. 29 (b) This chapter does not restrict or prohibit cooperative or joint 30 administration of functions between a municipality and a coastal resource service area 31 organized under this chapter upon initiation of a mutual agreement for the purpose.
01 Sec. 46.40.470. Construction with other laws. Nothing in this chapter shall 02 be construed to 03 (1) diminish state jurisdiction, responsibility, or rights in the field of 04 planning, development, or control of land or water resources, submerged land, or 05 navigable water; 06 (2) affect in any way any state requirement imposed under a federal 07 authorization or federal waiver of sovereign immunity; or 08 (3) diminish the zoning or planning authority of municipalities under 09 AS 29. 10 Sec. 46.40.500. Definitions. In this chapter, unless the context otherwise 11 requires, 12 (1) "affected coastal district" means a coastal district with a publicly 13 reviewed draft or approved plan in which a project is proposed to be located or that 14 may experience a direct and significant impact from a proposed project; 15 (2) "board" means the Alaska Coastal Policy Board established in 16 AS 46.40.310; 17 (3) "coastal district" means each of the following that contains a 18 portion of the coastal area of the state: 19 (A) unified municipalities; 20 (B) organized boroughs of any class that exercise planning and 21 zoning authority; 22 (C) home rule and first class cities of the unorganized borough 23 or within boroughs that do not exercise planning and zoning authority; 24 (D) second class cities of the unorganized borough, or within 25 boroughs that do not exercise planning and zoning authority, that have 26 established a planning commission and that, in the opinion of the 27 commissioner of commerce, community, and economic development, have the 28 capability of preparing and implementing a district coastal management plan 29 under AS 46.40.360; 30 (E) coastal resource service areas established and organized 31 under AS 29.03.020 and AS 46.40.400 - 46.40.450;
01 (4) "coastal use or resource" means a land or water use or natural 02 resource of the coastal zone; in this paragraph, "use or resource" includes public 03 access, recreation, fishing, historic or cultural preservation, development, hazards 04 management, marinas, floodplain management, scenic and aesthetic enjoyment, 05 resource creation or restoration projects, air, tidal and nontidal wetlands, ocean waters, 06 estuaries, rivers, streams, lakes, aquifers, submerged aquatic vegetation, land, plants, 07 trees, minerals, fish, shellfish, invertebrates, amphibians, birds, mammals, reptiles, and 08 other biological and physical resources found in the coastal zone on a regular or 09 cyclical basis; 10 (5) "coastal zone" means the coastal water, including land within and 11 under that water, and adjacent shoreland, including the water within and under that 12 shoreland, within the boundaries approved by the former Alaska Coastal Policy 13 Council and by the United States Secretary of Commerce under 16 U.S.C. 1451 - 1466 14 (Coastal Zone Management Act of 1972) and areas added as a result of any boundary 15 changes approved by the board and by the United States Secretary of Commerce under 16 16 U.S.C. 1451 - 1466 (Coastal Zone Management Act of 1972); "coastal zone" does 17 not include 18 (A) those lands excluded under 16 U.S.C. 1453(1); or 19 (B) areas deleted as a result of any boundary changes by the 20 board in conformity with 16 U.S.C. 1451 - 1466 (Coastal Zone Management 21 Act of 1972); 22 (6) "consistency review" means the evaluation of a proposed project 23 against the statewide standards and the approved enforceable policies of an affected 24 coastal district under the process developed by the department and approved by the 25 board; 26 (7) "department" means the Department of Commerce, Community, 27 and Economic Development; 28 (8) "direct and significant impact" means an activity that proximately 29 contributes to a material change or alteration in the natural or social characteristics of 30 a part of the state's coastal area and that 31 (A) would have a net adverse effect on the quality of the
01 resources of the coastal area; 02 (B) would limit the range of alternative uses of the resources of 03 the coastal area; or 04 (C) would, of itself, constitute a tolerable change or alteration 05 of the resources within the coastal area but that, cumulatively, would have an 06 adverse effect; 07 (9) "district coastal management plan" means a plan, including the 08 enforceable policies of that plan, that sets out policies and standards to guide public 09 and private uses of land and water within that district and approved by the board as 10 meeting the requirements of this chapter and the regulations adopted under this 11 chapter; 12 (10) "elevation" means a review of a proposed consistency 13 determination by the commissioners of the resource agencies; 14 (11) "enforceable policy" means a policy established by this chapter or 15 approved by the board as a legally binding policy of the Alaska coastal management 16 program applicable to public and private activities; 17 (12) "local knowledge" means a body of knowledge or information 18 about the coastal environment or the human use of that environment, including 19 information passed down through generations, if that information is 20 (A) derived from experience and observations; and 21 (B) generally accepted by the local community; 22 (13) "project" means all activities affecting a coastal use or resource; 23 (14) "resource agency" means 24 (A) the Department of Environmental Conservation; 25 (B) the Department of Fish and Game; or 26 (C) the Department of Natural Resources; 27 (15) "scientific evidence" means facts or data that are 28 (A) premised on established chemical, physical, biological, or 29 ecosystem management principles as obtained through scientific method and 30 submitted to the department to furnish proof of a matter required under this 31 chapter;
01 (B) in a form that would allow resource agency review for 02 scientific merit; and 03 (C) supported by one or more of the following: 04 (i) written analysis based on field observation and 05 professional judgment along with photographic documentation; 06 (ii) written analysis from a professional scientist with 07 expertise in the specific discipline; or 08 (iii) site-specific scientific research that may include 09 peer-review level research or literature; 10 (16) "special management area" means a delineated geographic area 11 within the coastal area that is sensitive to change or alteration and that, because of 12 plans or commitments or because a claim on the resources within the area delineated 13 would preclude subsequent use of the resources to a conflicting or incompatible use, 14 warrants special management attention, or that, because of its value to the general 15 public, should be identified for current or future planning, protection, or acquisition; 16 (17) "use of state concern" means a land and water use that would 17 significantly affect the long-term public interest and 18 (A) uses of national interest, including the use of resources for 19 the siting of ports and major facilities that contribute to meeting national 20 energy needs, construction and maintenance of navigational facilities and 21 systems, resource development of federal land, and national defense and 22 related security facilities that are dependent on coastal locations; 23 (B) uses of more than local concern, including those land and 24 water uses that confer significant environmental, social, cultural, or economic 25 benefits or burdens beyond a single coastal district; 26 (C) the siting of major energy facilities, activities under a state 27 oil and gas lease, a state gas only lease, or a federal oil and gas lease, or large- 28 scale industrial or commercial development activities that are dependent on a 29 coastal location and that, because of their magnitude or the magnitude of their 30 effect on the economy of the state or the surrounding area, are reasonably 31 likely to present issues of more than local significance;
01 (D) facilities serving statewide or interregional transportation 02 and communication needs; and 03 (E) uses in areas established as state parks or recreational areas 04 under AS 41.21, or as state refuges, game sanctuaries, or critical habitat areas 05 under AS 16.20; 06 (18) "village" means an unincorporated community where at least 25 07 persons reside as a social unit as determined by the department. 08 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 TRANSITION. (a) Notwithstanding the provisions of this Act, coastal districts, 11 coastal resource service areas, coastal district boundaries, and coastal management plans that 12 were in effect on June 30, 2011, are revived on the effective date of this Act and, until 13 modified under the provisions of this Act, are incorporated into the Alaska coastal 14 management program established under this Act. 15 (b) Within one year of the effective date of the regulations implementing sec. 1 of this 16 Act, each coastal district shall review its coastal management plan. If, in the judgment of the 17 coastal district, changes to the district's coastal management plan are necessary to meet the 18 requirements of this Act, the district shall submit a revised coastal management plan to the 19 department. 20 (c) In this section, "coastal district" has the meaning given in AS 46.40.500, enacted 21 by sec. 1 of this Act.