CSHB 49(FSH): "An Act establishing the Alaska Chinook salmon research and restoration endowment fund and relating to grants from the fund; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 49(FSH) 01 "An Act establishing the Alaska Chinook salmon research and restoration endowment 02 fund and relating to grants from the fund; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 37.14 is amended by adding new sections to read: 05 Article 7A. Alaska Chinook Salmon Research and Restoration Endowment Fund. 06 Sec. 37.14.650. Fund established. (a) The Alaska Chinook salmon research 07 and restoration endowment fund is established as a separate endowment trust fund of 08 the state consisting of 09 (1) appropriations to the fund; 10 (2) donations to the fund; and 11 (3) income earned on investments of fund assets if that income is 12 appropriated by the legislature to the fund. 13 (b) The commissioner of revenue shall manage the fund as an endowment, 14 with the goal that the purchasing power of the fund will not diminish over time
01 without regard to additional contributions that may be made to the fund. The 02 commissioner shall invest the assets of the fund in a manner likely to yield at least a 03 five percent real rate of return over time. The commissioner may comingle the assets 04 of the fund with other public funds for purposes of investment. 05 (c) In carrying out the investment duties for the fund, the commissioner of 06 revenue has the powers and duties set out in AS 37.10.071. The commissioner shall 07 (1) provide annual reports to the board on the condition and investment 08 performance of the fund; 09 (2) maintain records for all donations to the fund; the records must 10 reflect, for each donation, the amount of the donation, the date of the donation, and the 11 donor's intent, if any, with respect to how the donation is to be used; and 12 (3) monitor use of money by the board. 13 (d) Nothing in this section creates a dedicated fund. 14 Sec. 37.14.655. Grant account established. The Alaska Chinook salmon 15 research and restoration grant account is established as an account in the general fund. 16 Sec. 37.14.660. Appropriations to the grant account. (a) As soon as 17 practicable after July 1 of each year, the commissioner of revenue shall identify as 18 available for appropriation to the Alaska Chinook salmon research and restoration 19 grant account the greater of 20 (1) five percent of the average of the market values of the fund on 21 June 30 for the immediately preceding three fiscal years; 22 (2) one-half of the earnings of the fund as averaged annually over the 23 immediately preceding three fiscal years; and 24 (3) if the principal of the fund is valued at more than $50,000,000 25 based on the market value of the fund on June 30 for the immediately preceding fiscal 26 year, the total earnings of the fund for that fiscal year. 27 (b) The legislature may appropriate amounts to the grant account 28 (1) as calculated under (a) of this section; or 29 (2) from any source in any amount. 30 Sec. 37.14.665. Use of the grant account. (a) Appropriations to the grant 31 account established by AS 37.14.655 may be used for
01 (1) grants for research and restoration projects for Chinook salmon 02 stocks located in the state, including block grants to Alaska organizations identifying 03 and administering research and restoration projects for Chinook salmon stocks, if 04 (A) the project is consistent with a research and restoration plan 05 adopted by the organization and the plan has been approved by the Department 06 of Fish and Game; and 07 (B) the grant applicant provides matching funds in an amount 08 equal to 25 percent of the grant amount; 09 (2) reimbursement of the Department of Revenue for the costs of 10 establishing and managing the fund; 11 (3) reimbursement of the Department of Commerce, Community, and 12 Economic Development for the costs of establishing, maintaining, and administering 13 the board and the grant program; 14 (4) matching funds for private and federal grants; and 15 (5) solicitation of contributions for purposes consistent with 16 establishment of the fund. 17 (b) The board may expend private donations for Chinook salmon research and 18 restorations projects and other uses consistent with the purposes of the fund and in 19 conformity with the donor's restrictions. 20 Sec. 37.14.670. Board established. The Alaska Chinook Salmon Research and 21 Restoration Endowment Fund Board is established in the Department of Commerce, 22 Community, and Economic Development. 23 Sec. 37.14.675. Board members. (a) The board consists of the following 24 members appointed by the governor: 25 (1) the commissioner of fish and game or the commissioner's designee; 26 and 27 (2) six public members, one of whom resides in each of the following 28 regions and engages in subsistence, personal, commercial, or sport use of Chinook 29 salmon stocks in that region: 30 (A) Southeast Alaska, consisting of all land and water between 31 Cape Suckling and Dixon Entrance that are Gulf of Alaska or mainland
01 drainages; the Guyot Hills; islands in Stephens Passage and Lynn Canal; 02 Coronation Island, Kuiu Island, Kupreanof Island, Mitkof Island, Zarembo 03 Island, Kashevarof Island, Woronkofski Island, Etolin Island, Wrangell Island, 04 Deer Island, Admiralty Island, Baranof Island, Chichagof Island, Yakobi 05 Island, Inian Island, Lemesurier Island, Pleasant Island; and adjacent marine 06 water and land within three miles of the coastline; 07 (B) Southcentral Alaska, consisting of all land and water in 08 those drainages south and east of the Alaska Range that drain into the Gulf of 09 Alaska, Cook Inlet, and Prince William Sound between Cape Suckling and 10 Kennedy Entrance; the land and drainages between Redoubt Creek and Cape 11 Douglas that flow into Cook Inlet; the Chitina drainage east to the Canadian 12 border; the drainages into the Delta River upstream from Falls Creek and 13 Black Rapids Glacier; and adjacent marine water and land within three miles 14 of the coastline; 15 (C) Southwest Alaska, consisting of all land and water between 16 Kennedy Entrance and Cape Newenham that drain into Bristol Bay and the 17 Bering Sea; the Alaska Peninsula; Hagemeister Island, Walrus Island, High 18 Island, Summit Island, Kodiak Archipelago, Barren Island, Pribilof Island, 19 Unimak Island, and Aleutian Islands; and adjacent marine water and land 20 within three miles of the coastline; 21 (D) Western Alaska, consisting of all land and water between 22 Cape Newenham and the Pastolik River near Kotlik that drain into the Bering 23 Sea from the Yukon River downstream from a straight line drawn between 24 Lower Kalskag and Kotlik; the George River drainage; the Kuskokwim River 25 drainage downstream from the George River drainage; the Holitna River 26 drainage; the Hoholitna River drainage; and adjacent marine water and land 27 within three miles of the coastline; 28 (E) Arctic Alaska, consisting of all land and water between the 29 Pastolik River near Kotlik and Harrison Bay west of the Ilkillik River drainage 30 that drain into the Arctic Ocean, the Chukchi Sea, Kotzebue Sound, or Norton 31 Sound; Saint Lawrence Island and adjacent islands; and the adjacent marine
01 water and land within three miles of the coastline; 02 (F) Interior Alaska, consisting of all land and water of the 03 Kuskokwim River drainage upstream from the George River drainage; all 04 drainages into the east bank of the Robertson River; White River drainage to 05 the Canadian border; Tozitna River drainage; Yukon River drainage upstream 06 from the Tozitna River drainage; Hamlin Creek drainage; all drainages into the 07 south bank of the Yukon River upstream from and including the Charley River 08 drainage; the Ladue River drainage; Fortymile River drainage; Tanana River 09 drainage north of the Alaska Range; and the Koyukuk River drainage. 10 (b) The public members appointed under (a)(2) of this section shall include at 11 least one member who uses Chinook salmon stock primarily for each of the following: 12 (1) subsistence; 13 (2) personal use; 14 (3) commercial harvest; and 15 (4) sport fishing. 16 (c) When appointing public members of the board, the governor shall take into 17 consideration recommendations of the fish advisory committees established under 18 AS 16.05.260 for the region in which the prospective member resides. 19 (d) Members shall serve terms of five years and may be reappointed by the 20 governor. 21 (e) Except as provided in AS 37.14.680(b)(5), the board shall act by a vote of 22 a majority of the members of the board. Members may participate in board meetings 23 telephonically and vote telephonically. In this subsection, "telephonically" means live 24 two-way communication by telephone, video conferencing, or other similar means of 25 communication, but does not include communication by facsimile or electronic mail. 26 Sec. 37.14.680. Duties of the board. (a) The Alaska Chinook Salmon 27 Research and Restoration Endowment Fund Board shall administer the grant program. 28 (b) The board shall 29 (1) within 90 days after the appointment of the seventh board member, 30 adopt bylaws governing the board's operation and identify an organization 31 incorporated in Alaska to provide clerical and administrative support to the board in
01 performing its duties; 02 (2) monitor approved projects for compliance with specific grant 03 conditions; 04 (3) keep electronic recordings of each meeting of the board to be made 05 available on request; 06 (4) adopt regulations creating a process for soliciting, awarding, and 07 monitoring research and restoration grants and ensuring peer review for grant projects; 08 the board shall consider the process and structure of the North Pacific Research Board 09 in adopting its regulations; 10 (5) award grants upon affirmative vote of the six public members; and 11 (6) provide an opportunity for the public to comment on the merits, 12 methods, and parameters of research, restoration projects, or other matters relating to 13 the board and the fund. 14 (c) On February 1 of each year following the calendar year grants are first 15 awarded, the board shall prepare and submit a report to the governor and make the 16 report available to the legislature. The report must include, for the last calendar year, 17 (1) the number of applicants and the number and type of grants 18 awarded; 19 (2) the dollar amount of grants awarded; 20 (3) the research and restoration projects funded and the results of those 21 projects; 22 (4) the expense to administer the fund, the grants, and the board; and 23 (5) the amount of private contributions, if any, to the fund and how 24 those contributions were used. 25 Sec. 37.14.685. Review of grants. (a) When reviewing grant applications, the 26 board shall give weight to the following factors: 27 (1) whether the Chinook salmon stocks targeted in the grant 28 application provide a significant commercial, subsistence, sport, or personal use 29 fishery for Alaska residents; 30 (2) the importance of the Chinook salmon stocks targeted in the grant 31 application and the fisheries those stocks support, taking into consideration the use of
01 stocks by Alaska residents for nutritional, economic, social, and cultural well-being; 02 (3) whether the applicant has experience in administering research or 03 restoration projects for Chinook salmon; 04 (4) recommendations of state agencies or organizations involved in 05 Chinook salmon management in the state. 06 (b) The board shall give priority to grant applications for research or 07 restoration projects targeting Chinook salmon stocks that, within the preceding 10 08 years, 09 (1) were listed by the Department of Fish and Game as stocks of 10 concern; 11 (2) were the subject of a state or federal fisheries disaster declaration; 12 (3) were closed or significantly restricted for commercial, sport, or 13 personal use, or restricted for subsistence uses; or 14 (4) declined significantly from historic yield levels. 15 Sec. 37.14.695. Definitions. In AS 37.14.650 - 37.14.695, 16 (1) "board" means the Alaska Chinook Salmon Research and 17 Restoration Endowment Fund Board established under AS 37.14.670; 18 (2) "Chinook salmon" means Alaska king salmon of the genus 19 Oncorhynchus, species tshawytscha; 20 (3) "fund" means the Alaska Chinook salmon research and restoration 21 endowment fund established under AS 37.14.650; 22 (4) "grant account" means the Alaska Chinook salmon research and 23 restoration grant account established under AS 37.14.655. 24 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 TRANSITION. (a) The governor shall appoint three members under AS 37.14.675 to 27 an initial term of three years and four members to an initial term of five years. After a 28 member's initial term has expired, appointments shall comply with AS 37.14.675(b). 29 (b) Under AS 37.14.660, enacted by sec. 1 of this Act, for the first three fiscal years 30 after the effective date of this Act, as soon as practicable after July 1 of each fiscal year, the 31 commissioner of revenue shall identify as available for appropriation to the Alaska Chinook
01 salmon research and restoration grant account established under AS 37.14.655, and the 02 legislature may appropriate to the grant account, five percent of the market value of the 03 Alaska Chinook salmon research and restoration endowment fund. 04 * Sec. 3. This Act takes effect July 1, 2013.