00 CS FOR SENATE BILL NO. 140(RES)                                                                                       
01 "An Act relating to the powers and duties of the Department of Natural                                                  
02 Resources, modifying that department's power to control and manage land within                                          
03 the Hatcher Pass Public Use Area, and authorizing municipal selection of that                                           
04 land, and relating to the Alaska coastal management program; and providing for                                          
05 an effective date."                                                                                                     
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
07    * Section 1.  AS 39.50.200(b)(38) is amended to read:                                                              
08   (38)  Alaska Coastal Policy Council members and their alternates                                                     
09  (AS 44.37.060)  [(AS 44.19.155)];                                                                                    
10    * Sec. 2.  AS 41.21.492(b) is amended to read:                                                                     
11  (b)  Nothing in AS 41.21.491 - 41.21.495 affects the responsibilities of                                              
12   (1)  the Department of Fish and Game, the Board of Fisheries, or the                                                 
13 Board of Game under AS 16 and AS 41.99.010;                                                                             
14   (2)  the Department of Environmental Conservation under AS 46.03; or                                                 
01   (3)  state agencies and municipalities under  AS 44.37.080(2)                                                      
02 [AS 44.19.145(a)(11)] and AS 46.40.100.                                                                                 
03    * Sec. 3.  AS 41.21.504(b) is amended to read:                                                                     
04  (b)  Nothing in AS 41.21.500  -  41.21.514 affects the applicability of                                               
05   (1)  AS 41.99.010 and AS 16 regarding the responsibilities of the                                                    
06 Department of Fish and Game or the Board of Fisheries or the Board of Game;                                             
07   (2)  AS 46.03 regarding the responsibilities of the Department of                                                    
08 Environmental Conservation; or                                                                                          
09   (3)  AS 44.37.080(2)  [AS 44.19.145(a)(11)] and AS 46.40.100 regarding                                             
10 the responsibilities of state agencies and municipalities.                                                              
11    * Sec. 4.  AS 41.23.130 is amended to read:                                                                        
12  Sec. 41.23.130.  Hatcher Pass Public Use Area.  The vacant and                                                      
13 unappropriated state-owned land and water and the state land and water acquired in the                                  
14 future that lie within the boundaries described in this section are designated as the                                   
15 Hatcher Pass Public Use Area, are reserved for all uses compatible with their primary                                   
16 function as public use land, and are assigned to the department for control and                                         
17 management:                                                                                                             
18  Township 19 North, Range 1 East, Seward Meridian                                                                      
19 Section 1:  NW1/4NW1/4, NW1/4NE1/4NW1/4, W1/2SW1/4NW1/4,                                                             
20  NE1/4SW1/4NW1/4                                                                                                        
21 Section 2:  NE1/4, SE1/4NW1/4, SE1/4NE1/4NW1/4,                                                                      
22  SE1/4SW1/4NW1/4, SW1/4  exclusive of S1/2SW1/4SW1/4 ,                                                             
23  NW1/4SE1/4, SW1/4SE1/4, NW1/4SE1/4SE1/4,                                                                            
24  W1/2NE1/4SE1/4, NE1/4NE1/4SE1/4                                                                                     
25 [SECTION 10:  E1/2E1/2]                                                                                              
26 Section 11:  W1/2, NW1/4NE1/4 , exclusive of Tract A                                                               
27 Section 14:  W1/2 , exclusive of Tract A                                                                           
28 [SECTION 15:  E1/2E1/2]                                                                                              
29 [SECTION 22:  E1/2E1/2]                                                                                              
30 Section 23:  W1/2                                                                                                    
31 Section 26:  W1/2SW1/4, SW1/4NW1/4                                                                                   
01 [SECTION 27:  E1/2E1/2]                                                                                              
02  Township 20 North, Range 1 East, Seward Meridian                                                                      
03 Section 25:  S1/2S1/2SE1/4                                                                                           
04 Section 35:  SE1/4, SE1/4SE1/4NE1/4                                                                                  
05 Section 36:  NE1/4, SW1/4, E1/2NW1/4, SW1/4NW1/4,                                                                    
06   SE1/4NW1/4NW1/4, NW1/4SE1/4, NW1/4NE1/4SE1/4,                                                                      
07  NW1/4SW1/4SE1/4                                                                                                     
08  Township 20 North, Range 2 East, Seward Meridian                                                                      
09 Section 9:  E1/2SE1/4, E1/2SW1/4SE1/4, SE1/4SE1/4NE1/4                                                               
10 Section 10:  W1/2SW1/4, E1/2NW1/4, SW1/4NW1/4,                                                                       
11  E1/2NW1/4NW1/4, W1/2NE1/4SW1/4, NW1/4NE1/4,                                                                         
12  NW1/4SW1/4NE1/4                                                                                                     
13 Section 15:  W1/2W1/2NW1/4                                                                                           
14 Section 16:  SE1/4, E1/2NE1/4, E1/2W1/2NE1/4                                                                         
15 Section 21:  E1/2SW1/4, E1/2SW1/4SW1/4, SW1/4SW1/4SW1/4,                                                             
16  SE1/4NW1/4SW1/4, NW1/4SE1/4, W1/2SW1/4SE1/4,                                                                        
17  NE1/4SW1/4SE1/4, W1/2NE1/4, W1/2NE1/4NE1/4,                                                                         
18  NW1/4SE1/4NE1/4, SE1/4NW1/4, E1/2NE1/4NW1/4,                                                                        
19  SW1/4NE1/4NW1/4                                                                                                     
20 Section 28:  NW1/4, W1/2NW1/4NE1/4, NW1/4SW1/4,                                                                      
21  NW1/4SW1/4SW1/4, NW1/4NE1/4SW1/4                                                                                    
22 Section 29:  E1/2SE1/4, SE1/4NE1/4, SW1/4SE1/4, S1/2 NW1/4SE1/4,  NE1/4NW1/4SE1/4, S1/2SW1/4,                        
23 S1/2NE1/4SW1/4                                                                                                          
24 Section 30:  S1/2S1/2S1/2, S1/2SE1/4                                                                                 
25 Section 31:  NW1/4, N1/2NE1/4, N1/2S1/2NE1/4                                                                         
26 Section 32:  N1/2NW1/4, N1/2SW1/4NW1/4, NW1/4NW1/4NE1/4.                                                             
27    * Sec. 5.  AS 41.23.420(d) is amended to read:                                                                     
28  (d)  The provisions of AS 41.23.400 - 41.23.510 do not affect the authority of                                        
29   (1)  the Department of Fish and Game, the Board of Fisheries, the                                                    
30 Board of Game, or the Department of Commerce and Economic Development under                                             
31 AS 08.54, AS 16, or AS 41.99.010;                                                                                       
01   (2)  the Department of Environmental Conservation under AS 46.03; or                                                 
02   (3)  state agencies and municipalities under  AS 44.37.080(2)                                                      
03 [AS 44.19.145(a)(11)] and AS 46.40.100.                                                                                 
04    * Sec. 6.  AS 44.37 is amended by adding new sections to read:                                                     
05  Sec. 44.37.060.  Alaska Coastal Policy Council.  (a)  There is created in the                                       
06 Department of Natural Resources the Alaska Coastal Policy Council.  The council                                         
07 consists of the following:                                                                                              
08   (1)  nine public members appointed by the governor from a list                                                       
09 composed of at least three names from each region nominated by the municipalities                                       
10 of each region; the nominees shall be the mayor or member of the assembly or council                                    
11 of a municipality; one public member shall be appointed from each of the following                                      
12 general regions:                                                                                                        
13   (A)  northwest Alaska, including, generally, the area of the North                                                  
14 Slope Borough and the Northwest Arctic Borough;                                                                         
15   (B)  Bering Strait, including, generally, the area of the Bering                                                    
16 Strait regional educational attendance area;                                                                            
17   (C)  southwest Alaska, including, generally, the area within the                                                    
18 Lower Yukon, Lower Kuskokwim, and Southwest regional educational                                                        
19 attendance areas and the Bristol Bay and Lake and Peninsula Boroughs;                                                   
20   (D)  Kodiak-Aleutians, including the area of the Kodiak Island                                                      
21 and Aleutians East Boroughs and the Aleutian, Adak, and Pribilof regional                                               
22 educational attendance areas;                                                                                           
23   (E)  Upper Cook Inlet, including the Municipality of Anchorage                                                      
24 and the Matanuska-Susitna Borough;                                                                                      
25   (F)  Lower Cook Inlet, including, generally, the area within the                                                    
26 Kenai Peninsula Borough;                                                                                                
27   (G)  Prince William Sound, including, generally, the area east                                                      
28 of the Kenai Peninsula Borough to 141 West longitude;                                                                   
29   (H)  northern Southeast Alaska, including the area southeast of                                                     
30 141 West longitude and north of 57 North latitude, including the entirety of the                                        
31 City and Borough of Sitka; and                                                                                          
01   (I)  southern Southeast Alaska, including that portion of                                                           
02 southeastern Alaska not contained within the area described in (H) of this                                              
03 paragraph;                                                                                                              
04   (2)  each of the following:                                                                                          
05   (A)  the director of the office of management and budget;                                                           
06   (B)  the commissioner of commerce and economic development;                                                         
07   (C)  the commissioner of community and regional affairs;                                                            
08   (D)  the commissioner of environmental conservation;                                                                
09   (E)  the commissioner of fish and game;                                                                             
10   (F)  the commissioner of natural resources; and                                                                     
11   (G)  the commissioner of transportation and public facilities.                                                      
12  (b)  Each public member appointed by the governor under (a)(1) of this section                                        
13 serves a term of two years and until a successor is appointed and qualified.  A public                                  
14 member may be reappointed.                                                                                              
15  (c)  The council shall designate co-chairs, one of whom shall be selected from                                        
16 among the public members appointed under (a)(1) of this section and one of whom                                         
17 shall be selected from among the members designated in (a)(2) of this section.                                          
18  (d)  Each member of the council shall select one person to serve as a                                                 
19 permanent alternate at meetings of the council.  If a member of the council is unable                                   
20 to attend, the member shall advise the alternate, who may attend and act in the place                                   
21 of the member.  The alternate for a public member appointed under (a)(1) of this                                        
22 section shall, at the time of the alternate's designation and throughout the period of                                  
23 service as a permanent alternate, be the mayor or member of the assembly or council                                     
24 of a municipality within the region from which the permanent member is appointed.                                       
25 The alternate for the director of the office of management and budget, serving under                                    
26 (a)(2)(A) of this section, shall be the director's designee within that office.  The                                    
27 alternate for a designated member serving under (a)(2)(B) - (G) of this section shall                                   
28 be a deputy commissioner of the department or the director of a division in the                                         
29 department.  The names of alternates shall be filed with the council.                                                   
30  (e)  Four public members and three designated members of the council                                                  
31 constitute a quorum, but one or more of the members designated by the council may                                       
01 hold hearings.  All decisions of the council shall be by a majority vote of the members                                 
02 present and voting.                                                                                                     
03  (f)  Members of the council or their alternates are entitled to per diem and                                          
04 travel expenses authorized by law for members of boards and commissions.                                                
05  (g)  If an incumbent public member ceases to meet the qualifications prescribed                                       
06 in (a)(1) of this section for nomination to the council or if a vacancy exists among the                                
07 public members for any other reason except for a vacancy due to the expiration of the                                   
08 term of a public member, the governor shall, within 30 days of the establishment of                                     
09 the vacancy by lack of qualification or other reason, make an appointment, to be                                        
10 immediately effective, for the unexpired portion of the term.  An appointment by the                                    
11 governor made under this subsection to fill an unexpired term of a public member shall                                  
12 comply with the requirements of (a)(1) of this section; however, the governor may                                       
13 appoint from qualified persons without soliciting from municipalities nominations of                                    
14 persons to fill the unexpired portion of the term.                                                                      
15  Sec. 44.37.065.  Powers of the council.  The council may                                                          
16   (1)  apply for and accept grants, contributions, and appropriations,                                                 
17 including application for and acceptance of federal funds that may become available                                     
18 for coastal planning and management;                                                                                    
19   (2)  contract for necessary services;                                                                                
20   (3)  consult and cooperate with                                                                                      
21   (A)  persons, organizations, and groups, public or private,                                                         
22 interested in, affected by, or concerned with coastal area planning and                                                 
23 management;                                                                                                             
24   (B)  agents and officials of the coastal resource districts of the                                                  
25 state, and federal and state agencies concerned with or having jurisdiction over                                        
26 coastal planning and management;                                                                                        
27   (4)  take any reasonable action necessary to carry out the provisions of                                             
28 AS 44.37.060 - 44.37.080.                                                                                               
29  Sec. 44.37.070.  Duties of the council.  In conformity with 16 U.S.C. 1451-                                         
30 1464 (Coastal Zone Management Act of 1972), as amended, the council shall                                               
31   (1)  through the public hearing process and the recording of the minutes                                             
01 of the hearings, develop guidelines and standards for the preparation of, and approve,                                  
02 in accordance with AS 46.40, the Alaska coastal management program;                                                     
03   (2)  establish continuing coordination among state agencies to facilitate                                            
04 the development and implementation of the Alaska coastal management program; in                                         
05 carrying out its duties under this paragraph, the council shall initiate an interagency                                 
06 program of comprehensive coastal resource planning for each geographic region                                           
07 described in AS 44.37.060(a)(1);                                                                                        
08   (3)  assure continued provision of data and information to coastal                                                   
09 resource districts to carry out their planning and management functions under the                                       
10 program.                                                                                                                
11  Sec. 44.37.075.  Council staff.  The council shall use the staff of the office of                                   
12 coastal management within the Department of Natural Resources in discharging its                                        
13 powers and duties.  The coordinator of the office of coastal management, under the                                      
14 direction of the council co-chair who is selected from among the members designated                                     
15 in AS 44.37.060(a)(2), may contract with or employ personnel or consultants the                                         
16 coordinator considers necessary to carry out the powers and duties of the council.                                      
17  Sec. 44.37.080.  Comprehensive plan and consistency determinations.   The                                         
18 Department of Natural Resources shall                                                                                   
19   (1)  prepare and maintain a state comprehensive development plan; and                                                
20   (2)  render, on behalf of the state, all federal consistency determinations                                          
21 and certifications authorized by 16 U.S.C. 1456 (sec. 307, Coastal Zone Management                                      
22 Act of 1972), and each conclusive state consistency determination when a project                                        
23 requires a permit, lease, or authorization from two or more state resource agencies.                                    
24  Sec. 44.37.085.  Planning assistance for development and maintenance of                                            
25 district coastal management programs.  The Department of Natural Resources shall                                       
26 conduct a program of research, training, and technical assistance to coastal resource                                   
27 districts necessary for the development and implementation of district coastal                                          
28 management programs under AS 46.40.  The technical assistance must include the                                          
29 direct granting to the coastal resource districts of a portion of any funds received by                                 
30 the state from the federal coastal zone management program, in amounts to be                                            
31 individually determined for each coastal resource district by the commissioner of                                       
01 natural resources.  State agencies shall assist the department in carrying out the                                      
02 purposes of this section.                                                                                               
03    * Sec. 7.  AS 44.62.800(1) is amended to read:                                                                     
04   (1)  "agency" means a department, an institution, or a division or other                                             
05 administrative unit of the executive branch of state government authorized or required                                  
06 by law to make regulations, except that "agency" does not include                                                       
07   (A)  a board; a commission; a council, except the Alaska Coastal                                                    
08 Policy Council established in  AS 44.37.060  [AS 44.19.155]; an authority; or                                         
09 a public corporation of the executive branch of state government authorized or                                          
10 required by law to make regulations; or                                                                                 
11   (B)  the Department of Corrections;                                                                                 
12    * Sec. 8.  AS 44.62.800(2) is amended to read:                                                                     
13   (2)  "agency head" means                                                                                             
14   (A)  the commissioner or other head of an agency who has the                                                        
15 authority to adopt regulations for the agency; or                                                                       
16   (B)  for the Alaska Coastal Policy Council established in                                                           
17  AS 44.37.060  [AS 44.19.155], the co-chair of the council designated under                                           
18  AS 44.37.060(a)  [AS 44.19.155(c)] from the members listed in                                                        
19  AS 44.37.060(a)(2)  [AS 44.19.155(a)(2)];                                                                            
20    * Sec. 9.  AS 46.40.010(a) is amended to read:                                                                     
21  (a) The Alaska Coastal Policy Council established in  AS 44.37.060                                                  
22 [AS 44.19.155] shall approve, in accordance with this chapter, the Alaska coastal                                       
23 management program.                                                                                                     
24    * Sec. 10.  AS 46.40.094(c)(1) is amended to read:                                                                 
25   (1)  "agency responsible for the consistency determination" means                                                    
26   (A)  the  Department of Natural Resources  [OFFICE OF                                                             
27 MANAGEMENT AND BUDGET], for a consistency determination required                                                        
28 to be made under  AS 44.37.080(2)  [AS 44.19.145(a)(11)]; and                                                         
29   (B)  the commissioner of the resource agency that coordinates                                                       
30 a consistency review for a proposed use or activity, or for a proposed phase of                                         
31 a use or activity, when required by this chapter for which a permit, lease, or                                          
01 authorization is required to be approved or issued only by that resource agency;                                        
02    * Sec. 11.  AS 46.40.096(b) is amended to read:                                                                    
03  (b)  If a consistency review is not subject to  AS 44.37.080(2)                                                     
04 [AS 44.19.145(a)(11)] because the project for which a consistency review is made                                        
05 requires a permit, lease, or authorization from only one state agency, that state agency                                
06 shall coordinate the consistency review of the project.  The state agency shall                                         
07 coordinate the consistency review according to the requirements of the regulations                                      
08 adopted by the council under this section.                                                                              
09    * Sec. 12.  AS 46.40.096(f) is amended to read:                                                                    
10  (f)  For a consistency review subject to  AS 44.37.080(2)  [AS 44.19.145(a)(11)],                                   
11 the council may, by regulation, limit consideration of a petition under (e) of this                                     
12 section seeking review of a proposed consistency determination to the extent necessary                                  
13 to meet the deadlines set by federal law for timely submission of a federal consistency                                 
14 determination as allowed by 16 U.S.C. 1456.                                                                             
15    * Sec. 13.  AS 46.40.096(g)(2) is amended to read:                                                                 
16   (2)  "reviewing entity" means the                                                                                    
17   (A)  Department of Natural Resources  [OFFICE], for a                                                             
18 consistency review subject to  AS 44.37.080(2)  [AS 44.19.145(a)(11)];                                                
19   (B)  state agency identified in (b) of this section, for a                                                          
20 consistency review not subject to  AS 44.37.080(2)  [AS 44.19.145(a)(11)].                                            
21    * Sec. 14.  AS 46.40.100(b) is amended to read:                                                                    
22  (b)  A party that is authorized under AS 46.40.096(e)(1) or (g) of this section                                       
23 may file a petition showing that a district coastal management program is not being                                     
24 implemented, enforced, or complied with.  On receipt of a petition, the council, after                                  
25 giving public notice in the manner required by (f) of this section, shall convene a                                     
26 hearing to consider the matter.  A hearing called under this subsection shall be held                                   
27 in accordance with regulations adopted by the council.  After hearing,                                                  
28   (1)  if the petition was filed under AS 46.40.096(e) and the council finds                                           
29 that                                                                                                                    
30   (A)  the  Department of Natural Resources  [OFFICE] or the                                                        
31 state agency responsible for coordinating the consistency review has not fairly                                         
01 considered the petitioner's comments in the development of a proposed                                                   
02 consistency determination, the council shall remand the proposed consistency                                            
03 determination to the  Department of Natural Resources  [OFFICE], or to the                                            
04 state agency responsible for coordinating the consistency review, for                                                   
05 preparation of a revised proposed consistency determination that gives fair                                             
06 consideration to the petitioner's comments;                                                                             
07   (B)  a remand of the consistency determination is not required                                                      
08 under (A) of this paragraph, the council shall dismiss the petition;                                                    
09   (2)  if the petition was not filed under AS 46.40.096(e), the council may                                            
10 order that the coastal resource district or a state agency take any action the council                                  
11 considers necessary to implement, enforce, or comply with the district coastal                                          
12 management program.                                                                                                     
13    * Sec. 15.  AS 46.40.120(b) is amended to read:                                                                    
14  (b)  The commissioner of  natural resources  [COMMUNITY AND                                                         
15 REGIONAL AFFAIRS] may, after public hearings held in the area affected,                                                 
16 consolidate two or more regional educational attendance areas as a single coastal                                       
17 resource service area                                                                                                   
18   (1)  if a substantial portion of the coastal area contains land and water                                            
19 area owned by the federal government over which it exercises exclusive jurisdiction                                     
20 or land held in trust by the federal government for Alaska Natives over which the state                                 
21 would not exercise control as to use; or                                                                                
22   (2)  if, after giving due consideration to the standards applicable to                                               
23 incorporation of borough governments and the likelihood that a borough will be                                          
24 incorporated within the area, the commissioner determines that the functions to be                                      
25 performed under this chapter could be undertaken more efficiently through the                                           
26 combination of two or more regional educational attendance areas as a single coastal                                    
27 resource service area.                                                                                                  
28    * Sec. 16.  AS 46.40.120(d) is amended to read:                                                                    
29  (d)  For purposes of coastal zone management only, the commissioner of                                                
30  natural resources  [COMMUNITY AND REGIONAL AFFAIRS] may, after public                                                
31 hearings held in the regional educational attendance area affected, divide an existing                                  
01 regional educational attendance area into no more than three coastal resource service                                   
02 areas according to geographic, cultural, economic, environmental, or other features                                     
03 relevant to coastal management planning.  However ,                                                                   
04   (1)  each coastal resource service area formed by dividing an existing                                               
05 regional educational attendance area must contain at least one first class city or home                                 
06 rule city;                                                                                                              
07   (2)  a city within a coastal resource service area formed by dividing an                                             
08 existing regional educational attendance area may not elect to exclude itself from the                                  
09 coastal resource service area; and                                                                                      
10   (3)  a coastal resource service area formed before June 1, 1980, may not                                             
11 be divided for coastal management planning purposes.                                                                    
12    * Sec. 17.  AS 46.40.140(c) is amended to read:                                                                    
13  (c)  The commissioner of  natural resources  [COMMUNITY AND                                                         
14 REGIONAL AFFAIRS], after consultation with residents of a coastal resource service                                      
15 area, may divide a service area into sections only for the purpose of nominating and                                    
16 electing board members.  Division of a service area into sections for the purpose of                                    
17 nomination and election shall be in accordance with the provisions of AS 14.08.051(a).                                  
18 Division may be proposed in the petition submitted under AS 46.40.130(a)(1), in the                                     
19 resolution submitted under AS 46.40.130(a)(2), at the direction of the council under                                    
20 AS 46.40.130(a)(3), or may be proposed at any time by the members of the coastal                                        
21 resource service area board.  If proposed by the board, the division of the service area                                
22 into sections is subject to approval of a majority of the qualified voters voting on the                                
23 question in the coastal resource service area at the next regular election or at a special                              
24 election called for that purpose and, if approved, takes effect at the next regular                                     
25 election of members of the coastal resource service area board.                                                         
26    * Sec. 18.  AS 46.40.170(a) is amended to read:                                                                    
27  (a)  If residents of a coastal resource service area reject organization of the                                       
28 service area at an election called for the purpose and the council finds, after public                                  
29 hearing, that major economic development activity has occurred or will occur within                                     
30 the service area, the council may direct the  department  [DEPARTMENT OF                                              
31 COMMUNITY AND REGIONAL AFFAIRS] to prepare and recommend for                                                            
01 consideration by the council and for submission to the legislature a district coastal                                   
02 management program for the service area.                                                                                
03    * Sec. 19.  AS 46.40.170(b) is amended to read:                                                                    
04  (b)  At the request of the council, the  department  [DEPARTMENT OF                                                 
05 COMMUNITY AND REGIONAL AFFAIRS] shall complete the district coastal                                                     
06 management program in accordance with this chapter and the guidelines and standards                                     
07 adopted by the council for a coastal resource service area  that  [WHICH] has been                                    
08 organized but [WHICH] has failed to make substantial progress in the preparation of                                     
09 an approvable district coastal management program within 18 months of certification                                     
10 of the results of an organization election or [WHICH] has not submitted for approval                                    
11 to the council a program within 30 months of certification of the results of its                                        
12 organization election.  Preparation of the program shall be conducted in consultation                                   
13 with the coastal resource service area and shall, to the maximum extent consistent with                                 
14 this chapter, reflect the expressed concerns of the residents of the service area.                                      
15    * Sec. 20.  AS 46.40.180(a) is amended to read:                                                                    
16  (a)  Before adoption by a coastal resource service area board, or by the                                              
17  department  [DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS] under                                                     
18 AS 46.40.170, a district coastal management program shall be submitted for review to                                    
19 each city or village within the coastal resource service area.  The council of a city or                                
20 traditional village council shall consider the program submitted for review.  Within 60                                 
21 days of submission, the council of a city or traditional village council shall either                                   
22 approve the program or enter objections to all or any portion of the program.                                           
23    * Sec. 21.  AS 46.40.180(d) is amended to read:                                                                    
24  (d)  For purposes of this section, "village" means an unincorporated community                                        
25 where at least 25 persons reside as a social unit [AS DETERMINED BY THE                                                 
26 DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS].                                                                          
27    * Sec. 22.  AS 46.40.190(a) is amended to read:                                                                    
28  (a)  A city within the coastal area  that  [WHICH] is not part of a coastal                                         
29 resource service area shall be included for purposes of this chapter within an adjacent                                 
30 coastal resource service area unless its governing body, by resolution adopted by a                                     
31 majority of its membership, chooses to exclude the city from an adjacent coastal                                        
01 resource service area and a copy of the resolution is filed with the commissioner of                                    
02  natural resources  [COMMUNITY AND REGIONAL AFFAIRS].                                                                 
03    * Sec. 23.  AS 46.40.210(5) is amended to read:                                                                    
04   (5)  "department" means the Department of  Natural Resources                                                       
05 [COMMUNITY AND REGIONAL AFFAIRS];                                                                                       
06    * Sec. 24.  AS 44.19.145(a)(2), 44.19.145(a)(11), 44.19.155, 44.19.160, 44.19.161,                                 
07 44.19.162; AS 44.47.095; and AS 46.40.210(6) are repealed.                                                              
08    * Sec. 25.  AVAILABILITY OF HATCHER PASS PUBLIC USE AREA LAND FOR                                                  
09 GENERAL GRANT LAND ENTITLEMENT OF THE MATANUSKA-SUSITNA                                                                 
10 BOROUGH.  Notwithstanding the reservation of land, designation of the reserved land as the                              
11 Hatcher Pass Public Use Area, and assignment of control and management of the land to the                               
12 Department of Natural Resources made by AS 41.23.130, and notwithstanding selection                                     
13 procedures applicable to municipal general grant land entitlements under AS 29.65.010 -                                 
14 29.65.140, the following land within Township 19 North, Range 1 East, Seward Meridian, that                             
15 is part of the Hatcher Pass Public Use Area is available for selection and conveyance to the                            
16 Matanuska-Susitna Borough to fulfill the borough's general grant land entitlement under                                 
17 AS 29.65.010  - 29.65.140:                                                                                              
18   Section 2:   S1/2SW1/4SW1/4                                                                                           
19   Section 10:  E1/2E1/2                                                                                                 
20   Section 11:  Tract A                                                                                                  
21   Section 14:  Tract A                                                                                                  
22   Section 15:   E1/2E1/2                                                                                                
23   Section 22:   E1/2E1/2                                                                                                
24   Section 27:   E1/2E1/2.                                                                                               
25    * Sec. 26.  TRANSITIONAL PROVISIONS.  (a)  This Act does not terminate the existing                                
26 Alaska Coastal Policy Council or affect the terms of its current members; this Act moves the                            
27 existing Alaska Coastal Policy Council from the Office of the Governor to the Department of                             
28 Natural Resources.                                                                                                      
29  (b)  Litigation, hearings, investigations, and other proceedings pending under a law                                   
30 amended or repealed by this Act, or in connection with functions transferred by this Act,                               
31 continue in effect and may be continued and completed notwithstanding a transfer or                                     
01 amendment or repeal provided for in this Act.  Certificates, orders, guidelines, approvals, and                         
02 regulations issued or adopted under authority of a law amended or repealed by this Act remain                           
03 in effect for the term issued, or until revoked, vacated, or otherwise modified under the                               
04 provisions of this Act.  Contracts, rights, liabilities, and obligations created by or under a law                      
05 amended or repealed by this Act, and in effect on the effective date of this bill section, remain                       
06 in effect notwithstanding this Act's taking effect.  Records, equipment, appropriations, and                            
07 other property of agencies of the state whose functions are transferred under this Act shall be                         
08 transferred to implement the provisions of this Act.                                                                    
09    * Sec. 27.  Sections 1 - 3 and 5 - 28 of this Act take effect June 15, 1999.                                       
10    * Sec. 28.  Section 4 of this Act takes effect on the date of conveyance by the Department                         
11 of Natural Resources to the Matanuska-Susitna Borough of all land described in sec. 25 of this                          
12 Act.  The commissioner of natural resources shall promptly notify the revisor of statutes of                            
13 the conveyance made by the Department of Natural Resources to the Matanuska-Susitna                                     
14 Borough of land described in sec. 25 of this Act.