Enrolled SB 70: Relating to exceptions from designation as a special purpose site under art. VIII, sec. 7 of the Constitution of the State of Alaska for portions of Denali State Park, Captain Cook State Recreation Area, Nancy Lake State Recreation Area, and Willow Creek State Recreation Area to allow leasing a right-of-way for a natural gas pipeline.
00Enrolled SB 70 01 Relating to exceptions from designation as a special purpose site under art. VIII, sec. 7 of the 02 Constitution of the State of Alaska for portions of Denali State Park, Captain Cook State 03 Recreation Area, Nancy Lake State Recreation Area, and Willow Creek State Recreation Area 04 to allow leasing a right-of-way for a natural gas pipeline. 05 _______________ 06 * Section 1. AS 41.21.150 is amended to read: 07 Sec. 41.21.150. Purpose of AS 41.21.150 - 41.21.153 [AS 41.21.150 - 08 41.21.152]. The purpose of AS 41.21.150 - 41.21.153 [AS 41.21.150 - 41.21.152] is to 09 restrict state-owned land and water described in AS 41.21.151, except as provided in 10 AS 41.21.153, to use as a state park. Under AS 38.05.300, state land, water, or land 11 and water containing more than 640 acres may be closed to multiple use only by act of 12 the legislature. Because the area described in AS 41.21.151 exceeds 640 acres, 13 AS 41.21.150 - 41.21.153 [AS 41.21.150 - 41.21.152] are intended to provide for the 14 closing of the land and water described in AS 41.21.151, as that description is
01 modified by AS 41.21.153, [LAND AND WATER] to multiple use in conformity 02 with AS 38.05.300 and its designation as a special purpose area in accord with art. 03 VIII, sec. 7 of the Constitution of the State of Alaska. 04 * Sec. 2. AS 41.21 is amended by adding a new section to read: 05 Sec. 41.21.153. Certain land excepted. (a) Notwithstanding 06 AS 41.21.020(a)(6), 41.21.150, or 41.21.151, state-owned land in the following 07 described parcels may be leased in accordance with AS 38.35 (Right-of-Way Leasing 08 Act) for the purpose of construction and operation of a natural gas pipeline from the 09 North Slope: 10 (1) Township 29 North, Range 5 West, Seward Meridian 11 Section 4: N1/2, SW1/4 12 Section 5: E1/2 13 Section 7: E1/2, SW1/4 14 Section 8 15 Section 9: NW1/4 16 Section 18: E1/2 17 Section 19: E1/2 18 Section 29: SW1/4 19 Section 30: E1/2 20 Section 31: E1/2 21 Section 32: W1/2; 22 (2) Township 30 North, Range 5 West, Seward Meridian 23 Section 2: NW1/4 24 Section 3 25 Section 4: SE1/4 26 Section 8: E1/2 27 Section 9 28 Section 10: W1/2 29 Section 16: W1/2 30 Section 17: E1/2 31 Section 20: E1/2
01 Section 21: W1/2 02 Section 28 03 Section 33; 04 (3) Township 31 North, Range 4 West, Seward Meridian 05 Section 1: NW1/4, N1/2NE1/4 06 Section 2 07 Section 3: SE1/4 08 Section 9: SE1/4 09 Section 10 10 Section 11: W1/2 11 Section 14: NW1/4 12 Section 15: N1/2 13 Section 16 14 Section 17: S1/2 15 Section 19: NE1/4, S1/2 16 Section 20: N1/2, SW1/4 17 Section 21: NW1/4 18 Section 30: N1/2; 19 (4) Township 31 North, Range 5 West, Seward Meridian 20 Section 24: SE1/4 21 Section 25 22 Section 26: E1/2 23 Section 34: SE1/4 24 Section 35 25 Section 36: NW1/4; 26 (5) Township 32 North, Range 2 West, Seward Meridian 27 Section 6: NW1/4; 28 (6) Township 32 North, Range 3 West, Seward Meridian 29 Section 1: N1/2, SW1/4 30 Section 2 31 Section 3: SE1/4
01 Section 8: SE1/4 02 Section 9 03 Section 10: N1/2, SW1/4, N1/2SE1/4 04 Section 11: NW1/4 05 Section 16: N1/2 06 Section 17 07 Section 19: S1/2, NE1/4 08 Section 20: N1/2, SW1/4, N1/2SE1/4 09 Section 29: NW1/4 10 Section 30 11 Section 31: N1/2, SW1/4; 12 (7) Township 32 North, Range 4 West, Seward Meridian 13 Section 25: SE1/4 14 Section 35: SE1/4 15 Section 36; 16 (8) Township 33 North, Range 2 West, Seward Meridian 17 Section 16 18 Section 17: SE1/4 19 Section 20: NE1/4, S1/2, S1/2NW1/4 20 Section 21: W1/2 21 Section 29: N1/2, SW1/4 22 Section 30: S1/2, NE1/4 23 Section 31; 24 (9) Township 33 North, Range 3 West, Seward Meridian 25 Section 36: S1/2. 26 (b) A state or federal survey does not remove land from the parcels described 27 in (a) of this section. 28 (c) The department shall manage any state-owned land described in this section 29 and within the exterior boundaries of Denali State Park as part of Denali State Park 30 until the land is leased under AS 38.35. State-owned land described in this section will 31 revert to Denali State Park upon release of the land from a right-of-way through
01 termination of the lease or otherwise and upon satisfaction of the lessee's obligations 02 to restore and revegetate the land. 03 (d) Any right-of-way lease issued under AS 38.35 across land described in this 04 section and within the exterior boundaries of Denali State Park must 05 (1) reserve to the state the interests necessary to provide for public 06 access by foot, snow machine, dog sled, and other traditional means of access along 07 and across the leased corridor; 08 (2) preserve, to the maximum extent practicable, the recreational, 09 scenic, cultural, historical, and habitat values consistent with the leasehold's location 10 within the exterior boundaries of Denali State Park; and 11 (3) provide for termination of the lease if construction of the pipeline 12 has not begun 10 years after the effective date of the lease. 13 (e) AS 38.35.130 does not apply to land within the exterior boundaries of 14 Denali State Park. 15 (f) A natural gas pipeline right-of-way lease may not be issued across land 16 described in this section unless the lease becomes effective before January 1, 2025. 17 * Sec. 3. AS 41.21.410 is amended to read: 18 Sec. 41.21.410. Purpose of AS 41.21.410 - 41.21.426 [AS 41.21.410 - 19 41.21.425]. The purpose of AS 41.21.410 - 41.21.426 [AS 41.21.410 - 41.21.425] is to 20 empower the governor to restrict state owned land and water described in 21 AS 41.21.415, except as provided in AS 41.21.426, to use as a public recreation area. 22 Under AS 38.05.300, state land, water, or land and water containing more than 640 23 acres may be closed to multiple purpose use only by act of the legislature. Because the 24 area described in AS 41.21.415 exceeds 640 acres, AS 41.21.410 - 41.21.426 25 [AS 41.21.410 - 41.21.425] are intended to provide for the closing of the land and 26 water described in AS 41.21.415, as that description is modified by AS 41.21.426, 27 [LAND AND WATER] to multiple purpose use in conformity with AS 38.05.300 and 28 its subsequent designation as a special purpose site in accordance with art. 29 [ARTICLE] VIII, sec. 7, of the Constitution of the State of Alaska. 30 * Sec. 4. AS 41.21 is amended by adding a new section to read: 31 Sec. 41.21.426. Certain land excepted. (a) Notwithstanding
01 AS 41.21.020(a)(6), 41.21.410 - 41.21.425, or a regulation issued implementing 02 AS 41.21.420, state-owned land in the following described parcels may be leased in 03 accordance with AS 38.35 (Right-of-Way Leasing Act) for the purpose of construction 04 and operation of a natural gas pipeline from the North Slope: 05 Township 8 North, Range 10 West, Seward Meridian 06 Section 3: SE1/4 07 Section 9: SE1/4 08 Section 10: N1/2, SW1/4, W1/2SE1/4 09 Section 15: W1/2W1/2 10 Section 16 11 Section 17: S1/2, S1/2NE1/4. 12 (b) A state or federal survey does not remove land from the parcels described 13 in (a) of this section. 14 (c) The department shall manage any state-owned land described in this section 15 and within the exterior boundaries of Captain Cook State Recreation Area as part of 16 Captain Cook State Recreation Area until the land is leased under AS 38.35. State- 17 owned land described in this section will revert to Captain Cook State Recreation Area 18 upon release of the land from a right-of-way through termination of the lease or 19 otherwise and upon satisfaction of the lessee's obligations to restore and revegetate the 20 land. 21 (d) Any right-of-way lease issued under AS 38.35 across land described in this 22 section and within the exterior boundaries of Captain Cook State Recreation Area 23 must 24 (1) reserve to the state the interests necessary to provide for public 25 access by foot, snow machine, dog sled, and other traditional means of access along 26 and across the leased corridor; 27 (2) preserve, to the maximum extent practicable, the recreational, 28 scenic, cultural, historical, and habitat values consistent with the leasehold's location 29 within the exterior boundaries of Captain Cook State Recreation Area; and 30 (3) provide for termination of the lease if construction of the pipeline 31 has not begun 10 years after the effective date of the lease.
01 (e) AS 38.35.130 does not apply to land within the exterior boundaries of 02 Captain Cook State Recreation Area. 03 (f) A natural gas pipeline right-of-way lease may not be issued across land 04 described in this section unless the lease becomes effective before January 1, 2025. 05 * Sec. 5. AS 41.21.450 is amended to read: 06 Sec. 41.21.450. Purpose of AS 41.21.450 - 41.21.466 [AS 41.21.450 - 07 41.21.465]. The purpose of AS 41.21.450 - 41.21.466 [AS 41.21.450 - 41.21.465] is to 08 restrict state-owned land and water within the boundaries described in AS 41.21.455, 09 except as provided in AS 41.21.466, to use as a public recreation area. Under the 10 provisions of AS 38.05.300, state land, water, or land and water containing more than 11 640 acres may be closed to multiple purpose use only by act of the legislature. 12 Inasmuch as the area described in AS 41.21.455 exceeds 640 acres, AS 41.21.450 - 13 41.21.466 [AS 41.21.450 - 41.21.465] are intended to except the area described in 14 AS 41.21.455, as that description is modified by AS 41.21.466, from the provisions 15 of AS 38.05.300. 16 * Sec. 6. AS 41.21 is amended by adding a new section to read: 17 Sec. 41.21.466. Certain land excepted. (a) Notwithstanding 18 AS 41.21.020(a)(6) or 41.21.450 - 41.21.465, state-owned land in the following 19 described parcels may be leased in accordance with AS 38.35 (Right-of-Way Leasing 20 Act) for the purpose of construction and operation of a natural gas pipeline from the 21 North Slope: 22 (1) Township 18 North, Range 5 West, Seward Meridian 23 Section 10: E1/2 24 Section 11: NW1/4 25 Section 15: NW1/4 26 Section 16: SE1/4 27 Section 21: W1/2; 28 (2) Township 19 North, Range 5 West, Seward Meridian 29 Section 35: SW1/4. 30 (b) A state or federal survey does not remove land from the parcels described 31 in (a) of this section.
01 (c) The department shall manage any state-owned land described in this section 02 and within the exterior boundaries of Nancy Lake State Recreation Area as part of 03 Nancy Lake State Recreation Area until the land is leased under AS 38.35. State- 04 owned land described in this section will revert to Nancy Lake State Recreation Area 05 upon release of the land from a right-of-way through termination of the lease or 06 otherwise and upon satisfaction of the lessee's obligations to restore and revegetate the 07 land. 08 (d) Any right-of-way lease issued under AS 38.35 across land described in this 09 section and within the exterior boundaries of Nancy Lake State Recreation Area must 10 (1) reserve to the state the interests necessary to provide for public 11 access by foot, snow machine, dog sled, and other traditional means of access along 12 and across the leased corridor; 13 (2) preserve, to the maximum extent practicable, the recreational, 14 scenic, cultural, historical, and habitat values consistent with the leasehold's location 15 within the exterior boundaries of Nancy Lake State Recreation Area; and 16 (3) provide for termination of the lease if construction of the pipeline 17 has not begun 10 years after the effective date of the lease. 18 (e) AS 38.35.130 does not apply to land within the exterior boundaries of 19 Nancy Lake State Recreation Area. 20 (f) A natural gas pipeline right-of-way lease may not be issued across land 21 described in this section unless the lease becomes effective before January 1, 2025. 22 * Sec. 7. AS 41.21 is amended by adding a new section to article 4 to read: 23 Sec. 41.21.496. Certain lands excepted. (a) Notwithstanding 24 AS 41.21.020(a)(6) or 41.21.491 - 41.21.495, state-owned land in the following 25 described parcels may be leased in accordance with AS 38.35 (Right-of-Way Leasing 26 Act) for the purpose of construction and operation of a natural gas pipeline from the 27 North Slope: the East 1/2 of Section 2, Township 19 North, Range 5 West, Seward 28 Meridian and the East 1/2 of Section 35, Township 20 North, Range 5 West, Seward 29 Meridian. 30 (b) A state or federal survey does not remove land from the parcels described 31 in (a) of this section.
01 (c) The department shall manage any state-owned land described in this section 02 and within the exterior boundaries of Willow Creek State Recreation Area as part of 03 Willow Creek State Recreation Area until the land is leased under AS 38.35. State- 04 owned land described in this section will revert to Willow Creek State Recreation 05 Area upon release of the land from a right-of-way through termination of the lease or 06 otherwise and upon satisfaction of the lessee's obligations to restore and revegetate the 07 land. 08 (d) Any right-of-way lease issued under AS 38.35 across land described in this 09 section and within the exterior boundaries of Willow Creek State Recreation Area 10 must 11 (1) reserve to the state the interests necessary to provide for public 12 access by foot, snow machine, dog sled, and other traditional means of access along 13 and across the leased corridor; 14 (2) preserve, to the maximum extent practicable, the recreational, 15 scenic, cultural, historical, and habitat values consistent with the leasehold's location 16 within the exterior boundaries of Willow Creek State Recreation Area; and 17 (3) provide for termination of the lease if construction of the pipeline 18 has not begun 10 years after the effective date of the lease. 19 (e) AS 38.35.130 does not apply to land within the exterior boundaries of 20 Willow Creek State Recreation Area. 21 (f) A natural gas pipeline right-of-way lease may not be issued across land 22 described in this section unless the lease becomes effective before January 1, 2025.