00                             SENATE BILL NO. 161                                                                         
01 "An Act relating to the Alaska coastal management program."                                                             
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 46.40.020 is amended to read:                                                                      
04            Sec. 46.40.020. Objectives. The Alaska coastal management program shall be                                 
05       consistent with the following objectives:                                                                         
06                 (1)  the use, management, restoration, and enhancement of the overall                                   
07       quality of the coastal environment;                                                                               
08                 (2)  the development of industrial or commercial enterprises that are                                   
09       consistent with the social, cultural, historic, economic, and environmental interests of                          
10       the people of the state;                                                                                          
11                 (3)  the orderly, balanced utilization and protection of the resources of                               
12       the coastal area consistent with sound conservation and sustained yield principles;                               
13                 (4)  the management of coastal land and water uses in such a manner                                     
14       that, generally, those uses that [WHICH] are economically or physically dependent on                          
15       a coastal location are given higher priority when compared to uses that [WHICH] do                            
01       not economically or physically require a coastal location;                                                        
02                 (5)  the protection and management of significant historic, cultural,                                   
03       natural, subsistence, and aesthetic values and natural systems or processes within the                        
04       coastal area;                                                                                                     
05                 (6)  the prevention of damage to or degradation of land and water                                       
06       reserved for their natural and subsistence values as a result of inconsistent land or                         
07       water usages adjacent to that land;                                                                               
08                 (7)  the recognition of the need for a continuing supply of energy to                                   
09       meet the requirements of the state and the contribution of a share of the state's                                 
10       resources to meet national energy needs; and                                                                      
11                 (8)  the full and fair evaluation of all demands on the land and water in                               
12       the coastal area.                                                                                                 
13    * Sec. 2. AS 46.40.040(b) is amended to read:                                                                      
14            (b)  AS 46.03, AS 46.04, AS 46.09, AS 46.14, and the regulations adopted                                     
15       under those statutes constitute the exclusive enforceable policies of the Alaska coastal                          
16       management program for those purposes. For those purposes only,                                                   
17                 (1)  the issuance of permits, certifications, approvals, and                                            
18       authorizations by the Department of Environmental Conservation establishes                                        
19       consistency with the Alaska coastal management program for those activities of a                                  
20       proposed project subject to those permits, certifications, approvals, and authorizations;                         
21                 (2)  for a consistency review of an activity that does not require a                                    
22       Department of Environmental Conservation permit, certification, approval, or                                      
23       authorization because the activity is a federal activity or the activity is located on                            
24       federal land or the federal outer continental shelf, consistency with AS 46.03,                                   
25       AS 46.04, AS 46.09, and AS 46.14 and the regulations adopted under those statutes                                 
26       shall be established on the basis of whether the Department of Environmental                                      
27       Conservation finds that the activity satisfies the requirements of those statutes and                             
28       regulations; before making a finding under this paragraph, the Department of                                  
29       Environmental Conservation shall provide notice and an opportunity for public                                 
30       comment.