SCS CSHB 165(STA): "An Act relating to the Kenai River Special Management Area; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 165(STA) 01 "An Act relating to the Kenai River Special Management Area; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 PURPOSE. The purpose of this Act is to further the implementation of the Kenai 07 River Comprehensive Management Plan by making additions of certain state-owned land and 08 water as described in this Act to the Kenai River Special Management Area. 09 * Sec. 2. AS 41.21.502(a)(4)(L) is amended to read: 10 (L) Other Lower River Land 11 Township 5 North, Range 9 West, Seward Meridian 12 Section 22: Lots 4, 9, 10, NE1/4SW1/4 13 Township 5 North, Range 10 West, Seward Meridian 14 Section 6: Lot 8
01 Section 7: Lots 5 - 7, 15 02 Section 18: Lots 1, 2, 4 - 6, 03 Tract A, Larry's Fishing Hole Subdivision, Plat 04 No. 90-42 05 Government Lots 4 - 7, 10 - 13 06 NE1/4SW1/4 07 E1/2NW1/4 08 Section 19: 09 Tracts A and B, Timberland Terrace Phase 1 10 Subdivision, Plat 97-26 11 Lot 4, Kobylarz Subdivision, according to the 12 official plat filed under Plat No. 92-24, Kenai 13 Recording Office 14 Beginning at the section corner common to 15 Sections 19, 20, 29, and 30, Township 5 North, 16 Range 10 West, Seward Meridian, traverse west 17 along the section line common to Sections 19 and 18 30 a distance of 1320 feet, thence north along the 19 1/16 section line a distance of 1420 feet to Corner 20 No. 1 and the point of beginning, thence west 100 21 feet to Corner No. 2, thence north to the thalweg 22 of the Kenai River and Corner No. 3, thence east 23 along the thalweg of the Kenai River to the point 24 of intersection with 1/16 section line and Corner 25 No. 4, thence south along the 1/16 section line to 26 Corner No. 1, and the point of beginning, located 27 in the Kenai Recording District, as may be 28 modified by a record of survey accepted by the 29 state 30 Lot 16 31 Section 30: Tracts A, J, and K, Channel Shores
01 Subdivision, Plat No. 85-102 02 Section 31: Lots 2, 3, and 11, excluding the following 03 subdivisions, as shown in record of survey no. 96-7: 04 Halcyon Subdivision, Lot 1, Block 1, plat of survey 05 no. K-1706; Halcyon Subdivision Lot 5, Block 1, 06 plat of survey no. 73-9; Halcyon Subdivision plat of 07 survey no. 76-75; Halcyon Subdivision Addition No. 08 4, plat of survey no. 77-47; Halcyon Subdivision 09 Addition No. 5, plat of survey no. 77-82; Halcyon 10 Subdivision No. 3, plat of survey no. 78-25; Halcyon 11 Subdivision Amended Plat Lot 1-B, Block 1, plat of 12 survey no. 78-96; Halcyon Subdivision Addition No. 13 7, plat of survey no. 79-155; Halcyon Subdivision 14 Addition No. 8, plat of survey no. 83-174; Halcyon 15 Subdivision Addition No. 9, plat of survey no. 84- 16 47; Halcyon Subdivision No. 10, plat of survey no. 17 84-244; Halcyon Subdivision No. 9, plat of survey 18 no. 86-98RS; Halcyon Subdivision No. 9, plat of 19 survey no. 86-99RS; Halcyon Subdivision No. 11, 20 plat of survey no. 92-41; Halcyon Subdivision No. 8 21 Amended, plat of survey no. 92-72; and Halcyon 22 Subdivision No. 12, plat of survey no. 93-8; and 23 excluding that portion of Government Lot 3 east of 24 Daisy Drive conveyed by warranty deed recorded 25 March 10, 1989, in book 343, page 15, Kenai 26 Recording Office. 27 Section 32: Lot 1-B-1, ASLS No. 97-25, a subdivision 28 of Lot 1-B, Fisherman's Square Subdivision, 29 Addition No. 1, within the W1/2SW1/4; 30 Section 33: Lot 6-B, Mullen Homestead River 31 Addition Phase 1, Plat No. 97-89;
01 Section 34: Lot 7, NE1/4SE1/4 02 Township 5 North, Range 11 West, Seward Meridian 03 Section 1: Lots 9 and [LOT] 10 04 Section 11: Tract A-1A, Cone Tracts; Lot 3, 05 excluding that portion north of the south right-of- 06 way boundary of the Beaver Loop Road and all 07 land west of and including the Cone Tracts A-1A 08 and A-1B Subdivision and SE1/4NW1/4, and the 09 N1/2NW1/4, excluding that portion of the south 10 right-of-way boundary of the Beaver Loop Road 11 and all land west of and including the Cone Tracts 12 A-1A and A-1B Subdivision 13 Section 12: Lots 1 - 3, 7 - 10, 13 14 N1/2SE1/4 15 SE1/4NE1/4 16 NE1/4SW1/4 17 N1/2SW1/4SE1/4 18 Section 13: Lot 1 19 SW1/4NW1/4 20 Section 14: Lots 2, 7 21 Section 16: Lots 1 - 10 22 SE1/4 23 NW1/4NW1/4 24 SE1/4SW1/4. 25 Section 24: That portion of Lot 11 within LSH 148 26 Section 25: Lot 3 27 Section 36: That strip of land between the line of 28 ordinary high water of the Kenai River and EPF 29 21-11, Block 1 30 * Sec. 3. AS 41.21.502(a) is amended by adding new paragraphs to read: 31 (5) all state-owned land in the Seward Recording District that is
01 located in the following parcels: 02 (A) Cooper Landing 03 Township 5 North, Range 3 West, Seward Meridian 04 Section 28: Tract B of ASLS 91-6 05 Lot 3 of USS 2523 06 That portion of Tract A of USS 5105 lying between 07 Lot 4 of USS 2523 and Tract A of USS 2361 and 08 the south boundary of the Sterling Highway 09 That portion of Tract A of USS 5105 lying south of 10 USS 3306, north and west of USS 2524, east of 11 USS 2524, west of USS 2523, and south of Bean 12 Creek Road 13 That portion of Tract A of USS 5105 lying south and 14 west of USS 3306, north and west of USS 2524, and 15 north and west of ASLS 81-197 16 That portion of Tract B of USS 5105 lying south of 17 the Kenai River and north of the Sterling Highway 18 right-of-way 19 Section 29: Tract B of ASLS 91-6 20 That portion of Tract A of USS 5105 lying south of 21 Bean Creek right-of-way excluding ASLS 96-6 22 That portion of Tract A of USS 5105 lying south and 23 west of USS 3306 and south and west of ASLS 81- 24 183 25 Tract D of USS 5105 26 Lot 5 of USS 2527 27 Section 30: Tract E 28 That portion of Tract B of USS 5105 within the 29 SE1/4SE1/4SE1/4, NE1/4SE1/4SW1/4 30 That portion of Tract B of USS 5105 within the 31 S1/2SE1/4 lying north of the Kenai River excluding
01 USS 1442 E1/2NE1/4NW1/4, W1/2W1/2, 02 W1/2E1/2W1/2 03 Section 31: Lots 1, 12 04 That portion of Tract B of USS 5105 within the 05 NE1/4NE1/4 lying south of the Kenai River and 06 north of the Sterling Highway 07 Section 32: That portion of Tract B of USS 5105 within 08 the NW1/4NW1/4 lying south of the Kenai River and 09 north of the Sterling Highway 10 Township 5 North, Range 4 West, Seward Meridian 11 Section 35: That portion of USS 1559 within the N1/2 12 and lying north of the Kenai River 13 That portion of the E1/2NE1/4 lying north and east of 14 USS 3392, south of the Kenai River, and north of 15 the Sterling Highway 16 That portion of the S1/2N1/2NE1/4 and that portion 17 of the E1/2E1/2NW1/4 lying south of the Kenai 18 River 19 That portion of the S1/2NE1/4 lying south of the 20 Kenai River, excluding USS 3392 21 Section 36: Lot 1 of USS 7286 22 That portion of the N1/2 lying between the south 23 bank of the Kenai River and the north side of the 24 Sterling Highway right-of-way 25 That portion of the N1/2S1/2NE1/4 and 26 NE1/4SE1/4NW1/4 lying south of the Sterling 27 Highway 28 That portion of the N1/2 lying north of the Kenai 29 River 30 (B) Kenai Lake 31 Township 3 North, Range 1 East, Seward Meridian
01 Section 7: SW1/4, lying north and west of USS 9002, 02 excluding USS 1774 03 Township 4 North, Range 1 West, Seward Meridian 04 Section 22: S1/2S1/2 05 Section 23: S1/2S1/2, excluding USS 7391 06 Section 25: Lot 8 07 Section 26: N1/2, excluding USS 7391 08 Section 27: N1/2, excluding USS 2065 09 Township 4 North, Range 2 West, Seward Meridian 10 Section 6: Lots 1 and 2, excluding ASLS 85-399, and 11 that portion conveyed under ADL 201307 12 Tract D of ASLS 85-339 13 Township 4 North, Range 3 West, Seward Meridian 14 Section 1: Tract D of ASLS 85-339 15 Township 5 North, Range 2 West, Seward Meridian 16 Section 31: Tracts A, B, C, and D of ASLS 85-339 17 Township 5 North, Range 3 West, Seward Meridian 18 Section 25: That portion of Tract A of USS 5105 lying 19 south of the Sterling Highway right-of-way 20 Section 26: That portion of Tract A of USS 5105 lying 21 south of the Sterling Highway right-of-way, excluding 22 PLO 829 23 Section 27: That portion of Tract A of USS 5105 lying 24 south of the Sterling Highway right-of-way and west 25 of USS 2521 Tract A 26 That portion of Tract A of USS 5105 lying south of 27 the Sterling Highway right-of-way and west of USS 28 2934 and south and east of ASLS 80-103 29 Section 34: That portion of Tract B of USS 5105 lying 30 east of ASLS 79-126 and between the north side of 31 Snug Harbor Road and the south side of Kenai Lake
01 Section 36: Tracts B and E of ASLS 85-339 02 That portion of Tract A of USS 5105 within the 03 NW1/4 lying south and west of the Sterling 04 Highway right-of-way, excluding ASLS 85-339 05 (C) Quartz Creek Lowlands 06 Township 5 North, Range 2 West, Seward Meridian 07 Section 15: S1/2N1/2 08 Section 16: S1/2N1/2, NE1/4NW1/4, NW1/4NE1/4 09 excluding Unit 408A of the Kenai Area Plan, N1/2S1/2 10 (D) Upper and Lower Trail Lakes 11 Township 4 North, Range 1 East, Seward Meridian 12 Section 6: Lots 1 - 6, 8, 9, SE1/4SW1/4, SW1/4SE1/4 13 Section 7: Lots 1, 2, 5, 6, NW1/4NE1/4, NE1/4NW1/4 14 Section 18: Lots 1 - 3 15 Township 4 North, Range 1 West, Seward Meridian 16 Section 1: Lots 1, 4 - 8, and that portion of Lot 3 within 17 the SE1/4 18 Section 12: Lots 1 - 4, 7, 8, 11, 12, Those portions of 19 Lots 5 and 6 as shown on state status plats 20 Section 13: Tract B of ASLS 86-6 21 Lot 1 22 That portion of USS 1778 and USS 7391 lying within 23 the N1/2SE1/4 24 Township 5 North, Range 1 East, Seward Meridian 25 Section 5: S1/2SW1/4 26 Section 7: Lot 1, SE1/4 of Lot 2, Lots 5, 7, 9 - 14 27 Section 8: N1/2NW1/4 28 Section 18: Lots 2 - 7 29 Section 19: Lot 2 30 Section 31: That portion within the W1/2 of Lots 1, 2, 5 31 Lot 6
01 Township 5 North, Range 1 West, Seward Meridian 02 Section 13: Lots 1 - 4, E1/2NE1/4NE1/4, 03 S1/2SW1/4NE1/4, NW1/4SE1/4 04 Section 22: Lot 2, S1/2NE1/4SE1/4 05 Section 23: S1/2 of Lot 1, Lots 2 - 5, S1/2SE1/4NW1/4 06 Section 24: Lots 1 - 3, 6 - 8, portions of Lots 4 and 5 as 07 shown on state status plats 08 Section 25: Lots 1, 2, 6 - 9, 14 09 Tract I of USS 2529 10 Block 7 of USS 2676 11 Section 26: That portion of Lot 2 USS 7371 within state 12 selection NFCG 192 13 Lot 3 of USS 7371 14 Section 27: Lot 1, NW1/4NE1/4 15 Section 36: Lot 4 16 Those portions of Lots 1, 5, and 6 excluding a 17 lakeshore buffer 200 feet from the line of ordinary 18 high water of Upper Trail Lake 19 (6) all state-owned shorelands and water known as Trail River and 20 Upper and Lower Trail Lakes within the following parcels: 21 Township 4 North, Range 1 East, Seward Meridian 22 Sections 6, 7, 18 23 Township 4 North, Range 1 West, Seward Meridian 24 Sections 1, 12, 13, 24, 25 25 Township 5 North, Range 1 East, Seward Meridian 26 Sections 7, 18, 19, 31 27 Township 5 North, Range 1 West, Seward Meridian 28 Sections 13, 22 - 27, 36 29 (7) all state-owned shorelands and water within the riparian corridor of 30 the state-owned land 200 feet landward from the line of ordinary high water on each 31 side of each of the following waterways:
01 (A) Cooper Creek 02 Township 5 North, Range 3 West, Seward Meridian 03 Section 31 04 (B) Bean Creek 05 Township 5 North, Range 3 West, Seward Meridian 06 Sections 29, 30 07 (C) Shackelford Creek 08 Township 5 North, Range 3 West, Seward Meridian 09 Section 34 10 (D) Quartz Creek 11 Township 5 North, Range 2 West, Seward Meridian 12 Sections 19, 20, 29, 30 13 Township 5 North, Range 3 West, Seward Meridian 14 Section 36 15 (E) Daves Creek 16 Township 5 North, Range 2 West, Seward Meridian 17 Sections 19, 20 18 (F) Crescent Creek 19 Township 5 North, Range 2 West, Seward Meridian 20 Sections 29, 30 21 (G) Dry Creek 22 Township 5 North, Range 2 West, Seward Meridian 23 Sections 30, 31 24 * Sec. 4. AS 41.21.502(a)(5) is amended by adding a new subparagraph to read: 25 (E) Additional Trail River lands 26 Township 4 North, Range 1 West, Seward Meridian 27 Section 13: Portions of lots 4, 5, and 7 that are east of 28 the Seward Highway right-of-way and west of Lower 29 Trail Lake; Portions of Lots 7, 8, and 9 that are within 30 the 200 feet of the Trail River ordinary high water line 31 or within the 100-year flood boundary for the river,
01 whichever is greater; 02 Section 24: Portions of lots 3, 4, 7, 8, and 11 within 200 03 feet of the Trail River ordinary high water line or 04 within the 100-year flood boundary for the river, 05 whichever is greater; 06 Lots 2, 5, and 10 07 Section 25: Portions of lots 3 and 5 that are within 200 08 feet of the Trail River and Kenai Lake ordinary high 09 water lines or within the 100-year flood boundary for 10 the river and lake, whichever is greater; in this 11 subparagraph, the 100-year flood boundary is that 12 shown on the Federal Emergency Management 13 Agency Flood Boundary and Floodway Map for this 14 area, dated May 19, 1981; 15 * Sec. 5. AS 41.21.502(c) is amended to read: 16 (c) The mineral estate in the state-owned land and water described in (a) 17 of this section is open to [EXCEPT FOR] oil and gas leasing under AS 38.05.180. 18 The [, THE] mineral estate in the state-owned [STATE-OWNED] land and water 19 described in (a)(1) - (4) [(a)] of this section is closed to mineral entry under 20 AS 38.05.181 - 38.05.275. 21 * Sec. 6. Sections 1 - 3 and 5 of this Act take effect immediately under AS 01.10.070(c). 22 * Sec. 7. Section 4 of this Act takes effect on the date that the commissioner of natural 23 resources notifies the revisor of statutes and the lieutenant governor that the selection by the 24 Kenai Peninsula Borough of the land added to the Kenai River Special Management Area by 25 sec. 4 of this Act has been denied or relinquished under AS 29.65.