HB 210: "An Act designating Kinzarof Lagoon as part of the Izembek State Game Refuge; authorizing a land exchange with the federal government in which state land adjacent to the Izembek National Wildlife Refuge and within the Alaska Peninsula National Wildlife Refuge is exchanged for federal land to serve as a road corridor through the Izembek National Wildlife Refuge and federal land located on Sitkinak Island; and providing for an effective date."
00 HOUSE BILL NO. 210 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 the Omnibus Public Land Management Act of 2009, 11 H.R. 146, 111th Cong. (2009) (enacted), 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
01 (2) authorize the Department of Natural Resources to exchange land near Cold 02 Bay and on Sitkinak Island near Kodiak with the federal government. 03 * Sec. 2. AS 16.20.030(a)(14) is amended to read: 04 (14) Izembek Refuge, including the tide and submerged land described 05 as follows: 06 (A) Township 58 South, Range 91 West, Seward Meridian 07 Sections 1 - 4 08 Sections 9 - 12 09 (B) Township 58 South, Range 90 West, Seward Meridian 10 Sections 1 - 9 11 Section 16 12 (C) Township 57 South, Range 91 West, Seward Meridian 13 Section 13 14 Sections 24 - 26 15 Sections 35 - 36 16 (D) Township 57 South, Range 90 West, Seward Meridian 17 Sections 1 - 36 18 (E) Township 57 South, Range 89 West, Seward Meridian 19 Sections 5 - 6 20 Section 12, N1/2, N1/2N1/2S1/2 21 (F) Township 56 South, Range 87 West, Seward Meridian 22 Sections 1 - 6 23 Sections 10 - 11 24 Sections 26 - 35 25 (G) Township 56 South, Range 88 West, Seward Meridian 26 Sections 1 - 23 27 Section 25 28 Sections 27 - 32 29 Section 36 30 (H) Township 55 South, Range 87 West, Seward Meridian 31 Sections 1 - 36
01 (I) Township 56 South, Range 89 West, Seward Meridian 02 Sections 1 - 36 03 (J) Township 55 South, Range 89 West, Seward Meridian 04 Sections 1 - 36 05 (K) Township 55 South, Range 88 West, Seward Meridian 06 Sections 1 - 36 07 (L) Township 55 South, Range 86 West, Seward Meridian 08 Sections 6 - 7 09 Sections 18 - 19 10 Sections 30 - 31 11 (M) Township 56 South, Range 90 West, Seward Meridian 12 (entire township) 13 (N) Township 57 South, Range 88 West, Seward Meridian 14 Sections 1 - 6; 15 * Sec. 3. AS 16.20.030(a)(14), as amended by sec. 2 of this Act, is amended to read: 16 (14) Izembek Refuge, including the tide and submerged land described 17 as follows: 18 (A) Township 58 South, Range 91 West, Seward Meridian 19 Sections 1 - 4 20 Sections 9 - 12 21 (B) Township 58 South, Range 90 West, Seward Meridian 22 Sections 1 - 9 23 Section 16 24 (C) Township 57 South, Range 91 West, Seward Meridian 25 Section 13 26 Sections 24 - 26 27 Sections 35 - 36 28 (D) Township 57 South, Range 90 West, Seward Meridian 29 Sections 1 - 36 30 (E) Township 57 South, Range 89 West, Seward Meridian 31 Sections 5 - 6
01 [SECTION 12, N1/2, N1/2N1/2S1/2] 02 (F) Township 56 South, Range 87 West, Seward Meridian 03 Sections 1 - 6 04 Sections 10 - 11 05 [SECTIONS 26 - 35] 06 (G) Township 56 South, Range 88 West, Seward Meridian 07 Sections 1 - 23 08 [SECTION 25] 09 Sections 27 - 32 10 [SECTION 36] 11 (H) Township 55 South, Range 87 West, Seward Meridian 12 Sections 1 - 36 13 (I) Township 56 South, Range 89 West, Seward Meridian 14 Sections 1 - 36 15 (J) Township 55 South, Range 89 West, Seward Meridian 16 Sections 1 - 36 17 (K) Township 55 South, Range 88 West, Seward Meridian 18 Sections 1 - 36 19 (L) Township 55 South, Range 86 West, Seward Meridian 20 Sections 6 - 7 21 Sections 18 - 19 22 Sections 30 - 31 23 (M) Township 56 South, Range 90 West, Seward Meridian 24 (entire township) 25 [(N) TOWNSHIP 57 SOUTH, RANGE 88 WEST, SEWARD 26 MERIDIAN 27 SECTIONS 1 - 6]; 28 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 EXCHANGE OF STATE LAND FOR FEDERAL LAND. (a) Notwithstanding any 31 other provision of law, the Department of Natural Resources shall convey all right, title, and
01 interest of the state to certain land adjacent to the Izembek National Wildlife Refuge, 02 described as: Township 53 South, Range 85 West, Seward Meridian, and Township 54 South, 03 Range 85 West, Seward Meridian, and totaling 43,000 acres more or less, to the federal 04 government in exchange for federal land conveyed to the state. The federal land expected to 05 be received in the exchange is described in (b) of this section. 06 (b) The land expected to be received from the federal government is 07 (1) all right, title, and interest in 206 acres more or less of federal land located 08 within the Izembek National Wildlife Refuge for the purpose of constructing a single-lane 09 road between the communities of King Cove and Cold Bay, Alaska, described as 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 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 EXCHANGE OF LAND NOT SUBJECT TO AS 38.50. The exchange of state land 28 under sec. 4 of this Act is not subject to AS 38.50, including any requirement that relates to 29 the valuation or equalization of land. 30 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 EFFECT OF VOIDED LAND EXCHANGE. If the land exchange authorized by sec. 02 6402(a), Omnibus Public Land Management Act of 2009, H.R. 146, 111th Cong. (2009) 03 (enacted) is null and void under sec. 6405, Omnibus Public Land Management Act of 2009, 04 H.R. 146, 111th Cong. (2009) (enacted), 05 (1) the land added to the Izembek State Game Refuge under sec. 2 of this Act 06 and removed under sec. 3 of this Act shall be returned to its land management status in effect 07 before the enactment of sec. 2 of this Act; and 08 (2) the land conveyed by the state under sec. 4 of this Act shall be returned to 09 its ownership status as it existed before the conveyance. 10 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 CONDITIONAL EFFECT AND NOTIFICATION. (a) Sections 1, 2, 4, and 5 of this 13 Act take effect only if the United States Secretary of the Interior determines that the land 14 exchange described in sec. 4 of this Act is in the public interest under secs. 6401 - 6406, 15 Omnibus Public Land Management Act of 2009, H.R. 146, 111th Cong. (2009) (enacted). The 16 commissioner of natural resources shall notify the lieutenant governor and the revisor of 17 statutes of the determination and the date of the determination by the United States Secretary 18 of the Interior described in this subsection. 19 (b) Sections 3 and 6 of this Act take effect only if the land exchange authorized by 20 sec. 6402(a), Omnibus Public Land Management Act of 2009, H.R. 146, 111th Cong. (2009) 21 (enacted) is null and void under sec. 6405, Omnibus Public Land Management Act of 2009, 22 H.R. 146, 111th Cong. (2009) (enacted). The commissioner of natural resources shall notify 23 the lieutenant governor and the revisor of statutes if the land exchange authorized by sec. 24 6402(a), Omnibus Public Land Management Act of 2009, H.R. 146, 111th Cong. (2009) 25 (enacted) is null and void under sec. 6405, Omnibus Public Land Management Act of 2009, 26 H.R. 146, 111th Cong. (2009) (enacted) and the date on which the land exchange is null and 27 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, Omnibus Public Land Management Act of 2009, H.R. 31 146, 111th Cong. (2009) (enacted).
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), Omnibus Public Land Management 08 Act of 2009, H.R. 146, 111th Cong. (2009) (enacted) is null and void under sec. 6405, 09 Omnibus Public Land Management Act of 2009, H.R. 146, 111th Cong. (2009) (enacted). 10 * Sec. 11. Except as provided in secs. 7 - 10 of this Act, this Act takes effect immediately 11 under AS 01.10.070(c).