00CS FOR SENATE BILL NO. 159(RES)                                                                                         
01 "An Act prohibiting the commissioner of natural resources from classifying state                                        
02 land, water, or land and water so that mining, mineral entry and location,                                              
03 mineral prospecting, and mineral leasing are precluded or are designated an                                             
04 incompatible use without an act of the legislature if the area involved contains                                        
05 more than 640 contiguous acres; and providing for an effective date."                                                   
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1.  AS 38.05.300(a) is amended to read:                                                                    
08  (a)  The commissioner shall classify for surface use land in areas considered                                         
09 necessary and proper.  This section does not prevent reclassification of land where the                                 
10 public interest warrants reclassification, nor does it preclude multiple purpose use of                                 
11 land whenever different uses are compatible.  If the area involved contains more                                       
12 than 640 contiguous acres, state [STATE] land, water, or land and water area may                                       
13 not, except by act of the state legislature, (1) be closed to multiple purpose use, or (2)                           
14 be otherwise classified by the commissioner so that mining, mineral entry or                                            

01 location, mineral prospecting, or mineral leasing is precluded or is designated an                                      
02 incompatible use, except when the classification is necessary for a land disposal                                       
03 or exchange or is for the development of utility or transportation corridors or                                         
04 projects or similar projects or infrastructure.  Regarding a use described in (2)                                       
05 of this subsection, if the commissioner considers it necessary and proper the                                           
06 commissioner, by order, may provide for an interim classification regarding that                                        
07 use.  Within 10 days after the convening of each regular legislative session, the                                       
08 commissioner shall transmit to the legislature for consideration all such interim                                       
09 classification orders issued during the preceding calendar year.  Unless the                                            
10 legislature, by law, approves an interim classification contained in an order                                           
11 transmitted under this subsection, that order expires on the 90th day of that                                           
12 legislative session or upon adjournment of that session, whichever occurs first.                                        
13 Approval by the legislature of an interim classification satisfies the requirement                                      
14 of this subsection for legislative approval of the classification [IF THE AREA                                         
15 INVOLVED CONTAINS MORE THAN 640 ACRES].                                                                                 
16    * Sec. 2.  This Act takes effect immediately under AS 01.10.070(c).