Alaska Statutes Sec. 41.21.426 - Certain Land Excepted

(a) Notwithstanding AS 41.21.020 (a)(6), 41.21.410 - 41.21.425, or a regulation issued implementing AS 41.21.420 , state-owned land in the following described parcels may be leased in accordance with AS 38.35 (Right-of-Way Leasing Act) for the purpose of construction and operation of a natural gas pipeline from the North Slope:

Township 8 North, Range 10 West, Seward Meridian

Section 3: SE1/4

Section 9: SE1/4

Section 10: N1/2, SW1/4, W1/2SE1/4

Section 15: W1/2W1/2

Section 16

Section 17: S1/2, S1/2NE1/4.

(b) A state or federal survey does not remove land from the parcels described in (a) of this section.

(c) The department shall manage any state-owned land described in this section and within the exterior boundaries of Captain Cook State Recreation Area as part of Captain Cook State Recreation Area until the land is leased under AS 38.35. State-owned land described in this section will revert to Captain Cook State Recreation Area upon release of the land from a right-of-way through termination of the lease or otherwise and upon satisfaction of the lessee's obligations to restore and revegetate the land.

(d) Any right-of-way lease issued under AS 38.35 across land described in this section and within the exterior boundaries of Captain Cook State Recreation Area must

(1) reserve to the state the interests necessary to provide for public access by foot, snow machine, dog sled, and other traditional means of access along and across the leased corridor;

(2) preserve, to the maximum extent practicable, the recreational, scenic, cultural, historical, and habitat values consistent with the leasehold's location within the exterior boundaries of Captain Cook State Recreation Area; and

(3) provide for termination of the lease if construction of the pipeline has not begun 10 years after the effective date of the lease.

(e) AS 38.35.130 does not apply to land within the exterior boundaries of Captain Cook State Recreation Area.

(f) A natural gas pipeline right-of-way lease may not be issued across land described in this section unless the lease becomes effective before January 1, 2025.

Sec. 41.21.430. Purpose of AS 41.21.430 - 41.21.445.

The purpose of AS 41.21.430 - 41.21.445 is to empower the governor to restrict state-owned land and water described in AS 41.21.435 to use as a public recreation area. Under AS 38.05.300 , state land, water, or land and water containing more than 640 acres may be closed to multiple purpose use only by act of the legislature. Because the area described in AS 41.21.435 exceeds 640 acres, AS 41.21.430 - 41.21.445 are intended to provide for the closing of the described land and water to multiple purpose use in conformity with AS 38.05.300 and its subsequent designation as a special purpose site in accordance with art. VIII, Sec. 7, of the Constitution of the State of Alaska.

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Last modified: November 15, 2016