HB 306: "An Act making certain land available for selection by the Matanuska-Susitna Borough."
00 HOUSE BILL NO. 306 01 "An Act making certain land available for selection by the Matanuska-Susitna 02 Borough." 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 FINDINGS OF FACT. The legislature finds that making the lands specified in sec. 07 2(b) of this Act available to the Matanuska-Susitna Borough for selection and conveyance is 08 consistent with the testimony and position of the Department of Natural Resources at the time 09 the Hatcher Pass Public Use Area was created. Furthermore, the selection is consistent with 10 that area of the public use area that is contained within the development lease and authorized 11 for development purposes in the Hatcher Pass Management Plan, as amended. 12 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 AVAILABILITY OF HATCHER PASS PUBLIC USE AREA LAND FOR
01 GENERAL GRANT LAND ENTITLEMENT OF THE MATANUSKA-SUSITNA 02 BOROUGH. (a) Notwithstanding the reservation of land, designation of the reserved land as 03 the Hatcher Pass Public Use Area, and assignment of control and management of the land to 04 the Department of Natural Resources made by AS 41.23.130, and notwithstanding selection 05 procedures applicable to municipal general grant land entitlements under AS 29.65, the 06 acreage necessary to accommodate the Hatcher Pass Ski and Village Area is available for 07 selection by and, subject to AS 38.05.035 and 38.05.945 and a finding of compatibility with 08 the Hatcher Pass Management Plan, as amended in November 1989, may be conveyed to the 09 Matanuska-Susitna Borough to fulfill the borough's general grant land entitlement under 10 AS 29.65. 11 (b) The Matanuska-Susitna Borough may select the acreage described in (a) of this 12 section, totaling approximately 200 acres, from the following land within Township 19 North, 13 Range 1 East, Seward Meridian, that is part of the Hatcher Pass Public Use Area: 14 Section 26: W1/2SW1/4 west of the line of ordinary high water of the Little 15 Susitna River 16 Section 27: E1/2E1/2 Totaling 200 acres more or less. 17 (c) Notwithstanding the right-of-way issued by the Department of Natural Resources 18 under ADL 227945, the department shall also issue a 100-foot right-of-way within Section 19 26: W1/2SW1/4 from Fishhook Road to the west bank of the Little Susitna River along a 20 route mutually agreed to among the Department of Natural Resources, the Department of 21 Transportation and Public Facilities, and the Matanuska-Susitna Borough. 22 (d) Land described in (b) of this section that 23 (1) has not been selected by the Matanuska-Susitna Borough before January 1, 24 2006, shall remain in the Hatcher Pass Public Use Area; 25 (2) is selected by the Matanuska-Susitna Borough but not conveyed by the 26 Department of Natural Resources shall remain available for conveyance to the Matanuska- 27 Susitna Borough until all administrative and judicial appeals regarding the failure to convey 28 the selected land have been exhausted; and 29 (3) is not ultimately conveyed to the Matanuska-Susitna Borough following 30 the exhaustion of the administrative and judicial appeals shall remain in the Hatcher Pass 31 Public Use Area unless otherwise specified by law.
01 (e) The commissioner of natural resources shall promptly notify the revisor of statutes 02 of the conveyance made by the Department of Natural Resources to the Matanuska-Susitna 03 Borough of land described in (b) of this section.