CSHB 14(FSH): "An Act relating to the Bristol Bay Fisheries Reserve; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 14(FSH) 01 "An Act relating to the Bristol Bay Fisheries Reserve; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 38.05.142 is amended to read: 05 Sec. 38.05.142. Legislative approval required for certain large-scale mines. 06 (a) In addition to permits and authorizations otherwise required by law, a final 07 authorization must be obtained from the legislature for a large-scale metallic sulfide 08 mining operation located within the watershed of the Bristol Bay Fisheries Reserve 09 designated in AS 38.05.140(f). This authorization shall take the form of a duly enacted 10 law finding that the proposed large-scale metallic sulfide mining operation will not 11 constitute danger to the fisheries, fish, or wildlife [FISHERY] within the watershed 12 of the Bristol Bay Fisheries Reserve. 13 (b) The commissioner shall [MAY] adopt regulations under AS 44.62 to 14 implement this section.
01 (c) In this section, 02 (1) "fisheries" means subsistence, personal use, sport, or 03 commercial fisheries as those fisheries are defined in AS 16.05.940; 04 (2) "large-scale metallic sulfide mining operation" means a specific 05 mining proposal to extract metals, including gold and copper, from sulfide-bearing 06 rock and that would directly disturb 640 or more acres of land; 07 (3) "permits and authorizations" means permits, decisions, 08 amendments to permits or decisions, extensions, renewals, modifications, 09 compliance orders by consent, or authorizations necessary for or related to a 10 large-scale metallic sulfide mining operation within the watershed of the Bristol 11 Bay Fisheries Reserve, including one that approves a dam, plan of operation, 12 bond, or reclamation plan related to the large-scale metallic sulfide mining 13 operation. 14 * Sec. 2. AS 38.05.142 is amended by adding new subsections to read: 15 (d) Before a final authorization may be obtained from the legislature for a 16 large-scale metallic sulfide mining operation located within the watershed of the 17 Bristol Bay Fisheries Reserve, 18 (1) the commissioner, the commissioner of fish and game, and the 19 commissioner of environmental conservation must each make an independent finding 20 that an applicant has proven beyond a reasonable doubt that a large-scale metallic 21 sulfide mining operation located within the watershed of the Bristol Bay Fisheries 22 Reserve will not constitute a danger to the fisheries, fish, or wildlife within the 23 watershed of the Bristol Bay Fisheries Reserve; 24 (2) the commissioner must submit a report to the legislature that 25 contains the three independent determinations made by the commissioner, the 26 commissioner of fish and game, and the commissioner of environmental conservation 27 under this subsection; the commissioner shall deliver the report to the senate secretary 28 and the chief clerk of the house of representatives and notify the legislature that the 29 report is available; and 30 (3) any judicial review of permits and authorizations must be 31 completed.
01 (e) If, after an applicant receives final authorization under (a) of this section, 02 the applicant receives a permit or authorization that is significantly different than one 03 previously granted to the applicant, the large-scale metallic sulfide mining operation 04 may not be undertaken until the commissioner, the commissioner of fish and game, 05 and the commissioner of environmental conservation each make a revised independent 06 determination that an applicant has proven beyond a reasonable doubt that a large- 07 scale metallic sulfide mining operation located within the watershed of the Bristol Bay 08 Fisheries Reserve will not constitute a danger to the fisheries, fish, or wildlife within 09 the watershed of the Bristol Bay Fisheries Reserve. The commissioner shall submit a 10 revised report to the legislature regarding the three revised independent 11 determinations. 12 (f) The commissioner shall deliver a report or revised report under (d) or (e) of 13 this section to the senate secretary and the chief clerk of the house of representatives 14 and notify the legislature that the report is available. The commissioner shall 15 (1) prepare the report or revise a report using an interagency public 16 process, in cooperation with the commissioners of fish and game and environmental 17 conservation; 18 (2) provide an opportunity for public comment before the report or 19 revised report is submitted to the legislature; and 20 (3) subject the report to peer review. 21 (g) The commissioner shall inform the governor, the president of the senate, 22 and the speaker of the house of representatives of any incident that may create a 23 danger to the fisheries, fish, or wildlife within the watershed of the Bristol Bay 24 Fisheries Reserve. 25 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).