00 SENATE CS FOR CS FOR HOUSE BILL NO. 210(RES) 01 "An Act designating Kinzarof Lagoon as part of the Izembek State Game Refuge; 02 authorizing a land exchange with the federal government in which state land adjacent to 03 the Izembek National Wildlife Refuge and within the Alaska Peninsula National Wildlife 04 Refuge is exchanged for federal land to serve as a road corridor through the Izembek 05 National Wildlife Refuge and federal land located on Sitkinak Island; and providing for 06 an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08  * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 PURPOSE. In accordance with P.L. 111-11 (Omnibus Public Land Management Act 11 of 2009), the purposes of this Act are to 12 (1) add state land and water within and adjacent to Kinzarof Lagoon near Cold 13 Bay to the Izembek State Game Refuge; and 14 (2) authorize the Department of Natural Resources to exchange land near Cold 15 Bay and on Sitkinak Island near Kodiak with the federal government. 01  * Sec. 2. AS 16.20.030(a)(14) is amended to read: 02 (14) Izembek Refuge, including the tide and submerged land described 03 as follows: 04 (A) Township 58 South, Range 91 West, Seward Meridian 05 Sections 1 - 4 06 Sections 9 - 12 07 (B) Township 58 South, Range 90 West, Seward Meridian 08 Sections 1 - 9 09 Section 16 10 (C) Township 57 South, Range 91 West, Seward Meridian 11 Section 13 12 Sections 24 - 26 13 Sections 35 - 36 14 (D) Township 57 South, Range 90 West, Seward Meridian 15 Sections 1 - 36 16 (E) Township 57 South, Range 89 West, Seward Meridian 17 Sections 5 - 6 18 Section 12, N1/2, N1/2N1/2S1/2  19 (F) Township 56 South, Range 87 West, Seward Meridian 20 Sections 1 - 6 21 Sections 10 - 11 22 Sections 26 - 35  23 (G) Township 56 South, Range 88 West, Seward Meridian 24 Sections 1 - 23 25 Section 25  26 Sections 27 - 32 27 Section 36  28 (H) Township 55 South, Range 87 West, Seward Meridian 29 Sections 1 - 36 30 (I) Township 56 South, Range 89 West, Seward Meridian 31 Sections 1 - 36 01 (J) Township 55 South, Range 89 West, Seward Meridian 02 Sections 1 - 36 03 (K) Township 55 South, Range 88 West, Seward Meridian 04 Sections 1 - 36 05 (L) Township 55 South, Range 86 West, Seward Meridian 06 Sections 6 - 7 07 Sections 18 - 19 08 Sections 30 - 31 09 (M) Township 56 South, Range 90 West, Seward Meridian 10 (entire township) 11 (N) Township 57 South, Range 88 West, Seward Meridian  12 Sections 1 - 6;  13  * Sec. 3. AS 16.20.030(a)(14), as amended by sec. 2 of this Act, is amended to read: 14 (14) Izembek Refuge, including the tide and submerged land described 15 as follows: 16 (A) Township 58 South, Range 91 West, Seward Meridian 17 Sections 1 - 4 18 Sections 9 - 12 19 (B) Township 58 South, Range 90 West, Seward Meridian 20 Sections 1 - 9 21 Section 16 22 (C) Township 57 South, Range 91 West, Seward Meridian 23 Section 13 24 Sections 24 - 26 25 Sections 35 - 36 26 (D) Township 57 South, Range 90 West, Seward Meridian 27 Sections 1 - 36 28 (E) Township 57 South, Range 89 West, Seward Meridian 29 Sections 5 - 6 30 [SECTION 12, N1/2, N1/2N1/2S1/2] 31 (F) Township 56 South, Range 87 West, Seward Meridian 01 Sections 1 - 6 02 Sections 10 - 11 03 [SECTIONS 26 - 35] 04 (G) Township 56 South, Range 88 West, Seward Meridian 05 Sections 1 - 23 06 [SECTION 25] 07 Sections 27 - 32 08 [SECTION 36] 09 (H) Township 55 South, Range 87 West, Seward Meridian 10 Sections 1 - 36 11 (I) Township 56 South, Range 89 West, Seward Meridian 12 Sections 1 - 36 13 (J) Township 55 South, Range 89 West, Seward Meridian 14 Sections 1 - 36 15 (K) Township 55 South, Range 88 West, Seward Meridian 16 Sections 1 - 36 17 (L) Township 55 South, Range 86 West, Seward Meridian 18 Sections 6 - 7 19 Sections 18 - 19 20 Sections 30 - 31 21 (M) Township 56 South, Range 90 West, Seward Meridian 22 (entire township) 23 [(N) TOWNSHIP 57 SOUTH, RANGE 88 WEST, SEWARD 24 MERIDIAN 25 SECTIONS 1 - 6]; 26  * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 EXCHANGE OF STATE LAND FOR FEDERAL LAND. (a) Notwithstanding any 29 other provision of law, the Department of Natural Resources shall convey all right, title, and 30 interest of the state to certain land adjacent to the Izembek National Wildlife Refuge, 31 described as: Township 53 South, Range 85 West, Seward Meridian, and Township 54 South, 01 Range 85 West, Seward Meridian, and totaling 43,000 acres more or less, to the federal 02 government in exchange for federal land conveyed to the state. The federal land expected to 03 be received in the exchange is described in (b) of this section. 04 (b) The land expected to be received from the federal government is 05 (1) all right, title, and interest in 206 acres more or less of federal land located 06 within the Izembek National Wildlife Refuge for the purpose of a corridor for the construction 07 and operation of a road between the communities of King Cove and Cold Bay, Alaska, in 08 accordance with P.L. 111-11 (Omnibus Public Land Management Act of 2009), described as 09 follows: 10 (A) Township 56 South, Range 87 West, Seward Meridian 11 Sections 19 - 21 12 Sections 26 - 28 13 Section 30 14 Section 35 15 (B) Township 56 South, Range 88 West, Seward Meridian 16 Sections 23 - 27 17 Section 34 18 (C) Township 57 South, Range 89 West, Seward Meridian 19 Section 2 20 Sections 10 - 11 21 Sections 14 - 15; and 22 (2) all right, title, and interest of 1,600 acres more or less of federal land on 23 Sitkinak Island in Township 42 South, Range 31 West, Seward Meridian, Sections 9, 10, 15 - 24 17, and 20 - 21. 25 (c) The construction and operation of the road described in (b)(1) of this section is 26 authorized after the state receives the land described in (b)(1) of this section in accordance 27 with P.L. 111-11 (Omnibus Public Land Management Act of 2009). 28  * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 EXCHANGE OF LAND NOT SUBJECT TO AS 38.50. The exchange of state land 31 under sec. 4 of this Act is not subject to AS 38.50, including any requirement that relates to 01 the valuation or equalization of land. 02  * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 EFFECT OF VOIDED LAND EXCHANGE. If the land exchange authorized by sec. 05 6402(a), P.L. 111-11 (Omnibus Public Land Management Act of 2009) is null and void under 06 sec. 6405, P.L. 111-11 (Omnibus Public Land Management Act of 2009), 07 (1) the land added to the Izembek State Game Refuge under sec. 2 of this Act 08 and removed under sec. 3 of this Act shall be returned to its land management status in effect 09 before the enactment of sec. 2 of this Act; and 10 (2) the land conveyed by the state under sec. 4 of this Act shall be returned to 11 its ownership status as it existed before the conveyance. 12  * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 CONDITIONAL EFFECT AND NOTIFICATION. (a) Sections 1, 2, 4, and 5 of this 15 Act take effect only if the United States Secretary of the Interior determines that the land 16 exchange described in sec. 4 of this Act is in the public interest under secs. 6401 - 6406, P.L. 17 111-11 (Omnibus Public Land Management Act of 2009). The commissioner of natural 18 resources shall notify the lieutenant governor and the revisor of statutes of the determination 19 and the date of the determination by the United States Secretary of the Interior described in 20 this subsection. 21 (b) Sections 3 and 6 of this Act take effect only if the land exchange authorized by 22 sec. 6402(a), P.L. 111-11 (Omnibus Public Land Management Act of 2009) is null and void 23 under sec. 6405, P.L. 111-11 (Omnibus Public Land Management Act of 2009). The 24 commissioner of natural resources shall notify the lieutenant governor and the revisor of 25 statutes if the land exchange authorized by sec. 6402(a), P.L. 111-11 (Omnibus Public Land 26 Management Act of 2009) is null and void under sec. 6405, P.L. 111-11 (Omnibus Public 27 Land Management Act of 2009) and the date on which the land exchange is null and void. 28  * Sec. 8. If secs. 1, 4, and 5 of this Act take effect under sec. 7(a) of this Act, they take 29 effect on the date the United States Secretary of the Interior determines the land exchange is 30 in the public interest under sec. 6402, P.L. 111-11 (Omnibus Public Land Management Act of 31 2009). 01  * Sec. 9. If sec. 2 of this Act takes effect under sec. 7(a) of this Act, it takes effect on the 02 date the exchange of land described in sec. 4 of this Act is executed by the Department of 03 Natural Resources and the United States Department of the Interior. The commissioner of 04 natural resources shall notify the lieutenant governor and the revisor of statutes of the date the 05 exchange of land is made. 06  * Sec. 10. If secs. 3 and 6 of this Act take effect under sec. 7(b) of this Act, they take effect 07 on the date the land exchange authorized by sec. 6402(a), P.L. 111-11 (Omnibus Public Land 08 Management Act of 2009) is null and void under sec. 6405, P.L. 111-11 (Omnibus Public 09 Land Management Act of 2009). 10  * Sec. 11. Except as provided in secs. 8 - 10 of this Act, this Act takes effect immediately 11 under AS 01.10.070(c).