CSSB 70(FIN): "An Act relating to exceptions from designation as a special purpose site under art. VIII, sec. 7 of the Constitution of the State of Alaska for portions of Denali State Park, Captain Cook State Recreation Area, Nancy Lake State Recreation Area, and Willow Creek State Recreation Area to allow leasing a right-of-way for a natural gas pipeline."
00 CS FOR SENATE BILL NO. 70(FIN) 01 "An Act relating to exceptions from designation as a special purpose site under art. 02 VIII, sec. 7 of the Constitution of the State of Alaska for portions of Denali State Park, 03 Captain Cook State Recreation Area, Nancy Lake State Recreation Area, and Willow 04 Creek State Recreation Area to allow leasing a right-of-way for a natural gas pipeline." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 41.21.150 is amended to read: 07 Sec. 41.21.150. Purpose of AS 41.21.150 - 41.21.153 [AS 41.21.150 - 08 41.21.152]. The purpose of AS 41.21.150 - 41.21.153 [AS 41.21.150 - 41.21.152] is to 09 restrict state-owned land and water described in AS 41.21.151, except as provided in 10 AS 41.21.153, to use as a state park. Under AS 38.05.300, state land, water, or land 11 and water containing more than 640 acres may be closed to multiple use only by act of 12 the legislature. Because the area described in AS 41.21.151 exceeds 640 acres, 13 AS 41.21.150 - 41.21.153 [AS 41.21.150 - 41.21.152] are intended to provide for the 14 closing of the land and water described in AS 41.21.151, as that description is
01 modified by AS 41.21.153, [LAND AND WATER] to multiple use in conformity 02 with AS 38.05.300 and its designation as a special purpose area in accord with art. 03 VIII, Sec. 7 of the Constitution of the State of Alaska. 04 * Sec. 2. AS 41.21 is amended by adding a new section to read: 05 Sec. 41.21.153. Certain land excepted. (a) Notwithstanding 06 AS 41.21.020(a)(6), 41.21.150, or 41.21.151, state-owned land in the following 07 described parcels may be leased in accordance with AS 38.35 (Right-of-Way Leasing 08 Act) for the purpose of construction and operation of a natural gas pipeline from the 09 North Slope: 10 (1) Township 29 North, Range 5 West, Seward Meridian 11 Section 4: N1/2, SW1/4 12 Section 7: E1/2, SW1/4 13 Section 8 14 Section 9: NW1/4 15 Section 18: E1/2 16 Section 19: E1/2 17 Section 30: E1/2 18 Section 31: E1/2 19 Section 32: W1/2; 20 (2) Township 30 North, Range 5 West, Seward Meridian 21 Section 2: NW1/4 22 Section 3 23 Section 8: E1/2 24 Section 9 25 Section 10: W1/2 26 Section 16: W1/2 27 Section 17: E1/2 28 Section 20: E1/2 29 Section 21: W1/2 30 Section 28 31 Section 33;
01 (3) Township 31 North, Range 4 West, Seward Meridian 02 Section 1: NW1/4, N1/2NE1/4 03 Section 2 04 Section 3: SE1/4 05 Section 9: SE1/4 06 Section 10 07 Section 11: W1/2 08 Section 14: NW1/4 09 Section 15: N1/2 10 Section 16 11 Section 17: S1/2 12 Section 19: NE1/4, S1/2 13 Section 20: N1/2, SW1/4 14 Section 30: N1/2; 15 (4) Township 31 North, Range 5 West, Seward Meridian 16 Section 24: SE1/4 17 Section 25 18 Section 26: E1/2 19 Section 34: SE1/4 20 Section 35 21 Section 36: NW1/4; 22 (5) Township 32 North, Range 2 West, Seward Meridian 23 Section 6: NW1/4; 24 (6) Township 32 North, Range 3 West, Seward Meridian 25 Section 1: N1/2, SW1/4 26 Section 2 27 Section 3: SE1/4 28 Section 8: SE1/4 29 Section 9: NE1/4, S1/2 30 Section 10: N1/2, SW1/4, N1/2SE1/4 31 Section 11: NW1/4
01 Section 16: N1/2 02 Section 17 03 Section 19: SE1/4 04 Section 20: N1/2, SW1/4, N1/2SE1/4 05 Section 29: NW1/4 06 Section 30 07 Section 31: N1/2, SW1/4; 08 (7) Township 32 North, Range 4 West, Seward Meridian 09 Section 35: SE1/4 10 Section 36; 11 (8) Township 33 North, Range 2 West, Seward Meridian 12 Section 16 13 Section 17: SE1/4 14 Section 20: NE1/4, S1/2, S1/2NW1/4 15 Section 21: W1/2 16 Section 29: N1/2, SW1/4 17 Section 30: S1/2, NE1/4 18 Section 31; 19 (9) Township 33 North, Range 3 West, Seward Meridian 20 Section 36: S1/2. 21 (b) A state or federal survey does not remove land from the parcels described 22 in (a) of this section. 23 (c) The department shall manage any state-owned land described in this section 24 and within the exterior boundaries of Denali State Park as part of Denali State Park 25 until the land is leased under AS 38.35. State-owned land described in this section will 26 revert to Denali State Park upon release of the land from a right-of-way through 27 termination of the lease or otherwise and upon satisfaction of the lessee's obligations 28 to restore and revegetate the land. 29 (d) Any right-of-way lease issued under AS 38.35 across land described in this 30 section and within the exterior boundaries of Denali State Park must 31 (1) reserve to the state the interests necessary to provide for public
01 access by foot, snow machine, dog sled, and other traditional means of access along 02 and across the leased corridor; 03 (2) preserve, to the maximum extent practicable, the recreational, 04 scenic, cultural, historical, and habitat values consistent with the leasehold's location 05 within the exterior boundaries of Denali State Park; and 06 (3) provide for termination of the lease if construction of the pipeline 07 has not begun 10 years after the effective date of the lease. 08 (e) AS 38.35.130 does not apply to land within the exterior boundaries of 09 Denali State Park. 10 (f) A natural gas pipeline right-of-way lease may not be issued across land 11 described in this section unless the lease becomes effective before January 1, 2025. 12 * Sec. 3. AS 41.21.410 is amended to read: 13 Sec. 41.21.410. Purpose of AS 41.21.410 - 41.21.426 [AS 41.21.410 - 14 41.21.425]. The purpose of AS 41.21.410 - 41.21.426 [AS 41.21.410 - 41.21.425] is to 15 empower the governor to restrict state owned land and water described in 16 AS 41.21.415, except as provided in AS 41.21.426, to use as a public recreation area. 17 Under AS 38.05.300, state land, water or land and water containing more than 640 18 acres may be closed to multiple purpose use only by act of the legislature. Because the 19 area described in AS 41.21.415 exceeds 640 acres, AS 41.21.410 - 41.21.426 20 [AS 41.21.410 - 41.21.425] are intended to provide for the closing of the land and 21 water described in AS 41.21.415, as that description is modified by AS 41.21.426, 22 [LAND AND WATER] to multiple purpose use in conformity with AS 38.05.300 and 23 its subsequent designation as a special purpose site in accordance with article VIII, 24 Sec. 7, of the Constitution of the State of Alaska. 25 * Sec. 4. AS 41.21 is amended by adding a new section to read: 26 Sec. 41.21.426. Certain land excepted. (a) Notwithstanding 27 AS 41.21.020(a)(6), 41.21.410 - 41.21.425, or a regulation issued implementing 28 AS 41.21.420, state-owned land in the following described parcels may be leased in 29 accordance with AS 38.35 (Right-of-Way Leasing Act) for the purpose of construction 30 and operation of a natural gas pipeline from the North Slope: 31 Township 8 North, Range 10 West, Seward Meridian
01 Section 3: SE1/4 02 Section 9: SE1/4 03 Section 10: N1/2, SW1/4, W1/2 SE1/4 04 Section 15: W1/2W1/2 05 Section 16 06 Section 17: S1/2, S1/2NE1/4. 07 (b) A state or federal survey does not remove land from the parcels described 08 in (a) of this section. 09 (c) The department shall manage any state-owned land described in this section 10 and within the exterior boundaries of Captain Cook State Recreation Area as part of 11 Captain Cook State Recreation Area until the land is leased under AS 38.35. State- 12 owned land described in this section will revert to Captain Cook State Recreation Area 13 upon release of the land from a right-of-way through termination of the lease or 14 otherwise and upon satisfaction of the lessee's obligations to restore and revegetate the 15 land. 16 (d) Any right-of-way lease issued under AS 38.35 across land described in this 17 section and within the exterior boundaries of Captain Cook State Recreation Area 18 must 19 (1) reserve to the state the interests necessary to provide for public 20 access by foot, snow machine, dog sled, and other traditional means of access along 21 and across the leased corridor; 22 (2) preserve, to the maximum extent practicable, the recreational, 23 scenic, cultural, historical, and habitat values consistent with the leasehold's location 24 within the exterior boundaries of Captain Cook State Recreation Area; and 25 (3) provide for termination of the lease if construction of the pipeline 26 has not begun 10 years after the effective date of the lease. 27 (e) AS 38.35.130 does not apply to land within the exterior boundaries of 28 Captain Cook State Recreation Area. 29 (f) A natural gas pipeline right-of-way lease may not be issued across land 30 described in this section unless the lease becomes effective before January 1, 2025. 31 * Sec. 5. AS 41.21.450 is amended to read:
01 Sec. 41.21.450. Purpose of AS 41.21.450 - 41.21.466 [AS 41.21.450 - 02 41.21.465]. The purpose of AS 41.21.450 - 41.21.466 [AS 41.21.450 - 41.21.465] is to 03 restrict state-owned land and water within the boundaries described in AS 41.21.455, 04 except as provided in AS 41.21.466, to use as a public recreation area. Under the 05 provisions of AS 38.05.300, state land, water, or land and water containing more than 06 640 acres may be closed to multiple purpose use only by act of the legislature. 07 Inasmuch as the area described in AS 41.21.455 exceeds 640 acres, AS 41.21.450 - 08 41.21.466 [AS 41.21.450 - 41.21.465] are intended to except the area described in 09 AS 41.21.465, as that description is modified by AS 41.21.153, from the provisions 10 of AS 38.05.300. 11 * Sec. 6. AS 41.21 is amended by adding a new section to read: 12 Sec. 41.21.466. Certain land excepted. (a) Notwithstanding 13 AS 41.21.020(a)(6) or 41.21.450 - 41.21.465, state-owned land in the following 14 described parcels may be leased in accordance with AS 38.35 (Right-of-Way Leasing 15 Act) for the purpose of construction and operation of a natural gas pipeline from the 16 North Slope: 17 (1) Township 18 North, Range 5 West, Seward Meridian 18 Section 10: E1/2 19 Section 11: NW1/4 20 Section 15: NW1/4 21 Section 16: SE1/4 22 Section 21: W1/2; 23 (2) Township 19 North, Range 5 West, Seward Meridian 24 Section 35: SW1/4. 25 (b) A state or federal survey does not remove land from the parcels described 26 in (a) of this section. 27 (c) The department shall manage any state-owned land described in this section 28 and within the exterior boundaries of Nancy Lake State Recreation Area as part of 29 Nancy Lake State Recreation Area until the land is leased under AS 38.35. State- 30 owned land described in this section will revert to Nancy Lake State Recreation Area 31 upon release of the land from a right-of-way through termination of the lease or
01 otherwise and upon satisfaction of the lessee's obligations to restore and revegetate the 02 land. 03 (d) Any right-of-way lease issued under AS 38.35 across land described in this 04 section and within the exterior boundaries of Nancy Lake State Recreation Area must 05 (1) reserve to the state the interests necessary to provide for public 06 access by foot, snow machine, dog sled, and other traditional means of access along 07 and across the leased corridor; 08 (2) preserve, to the maximum extent practicable, the recreational, 09 scenic, cultural, historical, and habitat values consistent with the leasehold's location 10 within the exterior boundaries of Nancy Lake State Recreation Area; and 11 (3) provide for termination of the lease if construction of the pipeline 12 has not begun 10 years after the effective date of the lease. 13 (e) AS 38.35.130 does not apply to land within the exterior boundaries of 14 Nancy Lake State Recreation Area. 15 (f) A natural gas pipeline right-of-way lease may not be issued across land 16 described in this section unless the lease becomes effective before January 1, 2025. 17 * Sec. 7. AS 41.21 is amended by adding a new section to article 4 to read: 18 Sec. 41.21.496. Certain lands excepted. (a) Notwithstanding 19 AS 41.21.020(a)(6) or 41.21.491 - 41.21.495, state-owned land in the following 20 described parcels may be leased in accordance with AS 38.35 (Right-of-Way Leasing 21 Act) for the purpose of construction and operation of a natural gas pipeline from the 22 North Slope: the East 1/2 of Section 2, Township 19 North, Range 5 West, Seward 23 Meridian and the East 1/2 of Section 35, Township 20 North, Range 5 West, Seward 24 Meridian. 25 (b) A state or federal survey does not remove land from the parcels described 26 in (a) of this section. 27 (c) The department shall manage any state-owned land described in this section 28 and within the exterior boundaries of Willow Creek State Recreation Area as part of 29 Willow Creek State Recreation Area until the land is leased under AS 38.35. State- 30 owned land described in this section will revert to Willow Creek State Recreation 31 Area upon release of the land from a right-of-way through termination of the lease or
01 otherwise and upon satisfaction of the lessee's obligations to restore and revegetate the 02 land. 03 (d) Any right-of-way lease issued under AS 38.35 across land described in this 04 section and within the exterior boundaries of Willow Creek State Recreation Area 05 must 06 (1) reserve to the state the interests necessary to provide for public 07 access by foot, snow machine, dog sled, and other traditional means of access along 08 and across the leased corridor; 09 (2) preserve, to the maximum extent practicable, the recreational, 10 scenic, cultural, historical, and habitat values consistent with the leasehold's location 11 within the exterior boundaries of Willow Creek State Recreation Area; and 12 (3) provide for termination of the lease if construction of the pipeline 13 has not begun 10 years after the effective date of the lease. 14 (e) AS 38.35.130 does not apply to land within the exterior boundaries of 15 Willow Creek State Recreation Area. 16 (f) A natural gas pipeline right-of-way lease may not be issued across land 17 described in this section unless the lease becomes effective before January 1, 2025.