Uses of State concern in the Coastal Area of Alaska (preliminary draft)

[From the U.S. Government Printing Office, www.gpo.gov]

State of Alaska

Office of Coastal Management

Uses of State Concern in the Coastal
Area of Alaska (Preliminary Draft)
Regional Planning Team 1978

TC This project was supported in part by federal
224 Coastal Zone Management Program Development
.A4 funds (P.L. 92-583, Sec. 305) granted to the State of
r'%@ V84 rernor Alaska by the Office of Coastal Zone Management,
ki F
Visiol 1978 National Oceanographic and Atmospheric Ad-
relopment ministration, U.S. Department of Commerce.

USES OF STATE CONCERN IN THE COASTAL AREA OF ALASKA

(PRELIMINARY DRAFT)

Prepared by: THE INTER-AGENCY REGIONAL COASTAL PLANNING TEAM

For the

ALASKA COASTAL MANAGEMENT PROGRAM

September, 1978

C
RMA T10,V
FDA AL ZONE
CENTER

This project was supported in -part by
federal Coastal Zone Management Program
Development funds (P.L. 92-S83, Sec. 30S)
granted to the State of Alaska by the
Office of Coastal Zone Management,
National Oceanographic and Atmospheric
Administration, U. S. Department of
Commerce.

TABLE OF CONTENTS

INTRODUCTION

METHODOLOGY

SECTION I - Description I - 14

Uses of State Concern 2 - 7
Areas Meriting Special Attention 8 - 12
Uses of National Interest 13 - 14

SECTION. II - Uses of State Concern is - 72

Energy Production & Distribution 17 - 22
Transportation 23 - 27
New Community Development 27 - 29
Sewage Collection & Disposal @29- 32
Public Water Supply 33 - 36
Solid Waste Collection & Disposal 36 - 39
Harvest of Fish & Wildlife 39 - 42
Uses Affecting Anadromous Streams,
Rivers and Lakes 42 - 45
Habitat & Species Enhancement Projects
and Research & Monitoring Activities 45 - 49
Uses in Areas Used for State Game
Refuges, Sanctuaries & Critical
Habitats so - S2
Uses in Areas Established as State
Parks, Waysides, or Recreational
Areas 52 - S6
Siting of Industrial or Commercial
Development Activities 56 - 72

SECTION III - Areas Meriting Special Attention 73 - 94

Areas of Recreational, Scenic or Cultural
Significance 75 - 79
Areas of Prehistoric, Historic,
Archaeological or Cultural Significance 80 - 86
Natural Hazard Areas 96 - 90
Special Habitat Areas 91 - 94
SECTION IV - Uses of'National Interest 95 - 107

Navigational Facilities & Systems 96 - 97
Defense & Security Facilities 97 - 98
Fish & Wildlife & Their Habitat 96 - 101
Resource Development of Federal Lands 102 - 107

APPENDIX - Supporting Federal Legislation

INTRODUCTION

Regional Programs

While the basic emphasis of the Alaska Coastal-Management Program is on
local district planning, there is also a need to address uses and resources
of statewide and national concern. As envisioned by the Alaska Coastal
Management Act, these concerns are to be addressed through a program of
regional planning conducted through state agencies. In this way, agencies
can coordinate their activites in the context of planning which considers
the resources of the entire coastal area, and provide districts with
information on areas both within and outside their boundaries.

Specifically the Alaska Coastal Management Act (AS 44.19.89 3(2)) directs
the Alaska Coastal Policy Council to:

"establish continuing coordination among'state agencies to
facilitate the development and implementation of the Alaska
Coastal Management Program; in carrying out its duties under
this paragraph, the council shall initiate an interagency
program of comprehensive coastal resource planning for each
geographic region described in sec. 891-(a)(1) of this chapter;..

An interagency coordinating team was organized which could more concisely
bring together a state position regarding the Alaska Coastal Management
Program. In addition the team is proposing to anticipate future planning
problems and recommend management options which could be instituted to
solve them.

Tasks given the team include:

- Identification of geographic areas that are of value for ecological
or developmental concerns and prepare appropriate management
policies for these "areas meriting special attention."

Provide information to federal and state agencies, local governments,
and the general public regarding uses of state concern and areas
meriting special attention in Alaska's coastal regions.

- Define and clarify uses of state concern and prepare policies or
criteria which should govern their location and management in the
coastal zone.

The sections which follow are intended as a guide to generally describe
uses of state concern; to list supporting state and federal implementation
authorities; and to outline the management products resulting from the
Regional Program. The ultimate objective is to provide a clearly defined
and coordinated policy foundation for the administration of existing
state authorities within the coastal zone. This will provide a framework
within which the local districts will prepare their district coastal
management programs.

Uses of State Concern

For the purpose of providing assistance to the Office of Coastal Management
and the Alaska Coastal Policy Council, the regional program Team was
directed to develop a list of uses of state concern for incorporation
in the Alaska Coastal Management Program.

Upon completion of the consolidation and definition of uses of state
concern, the Alaska Coastal Policy Council will further refine and apply
them for the following purposes:

(1) To ide ntify, avoid, and minimize existing or potential conflicts
between coastal resource districts and state and national
interests.

(2) To review district plans to insure they are consistent with
the policies and criteria for uses'of state concern outlined
by the regional program.

(3) To review state actions in the coastal zone to insure their
consistency with the policies and criteria for uses of state
concern and approved district programs.

(4) To identify existing management policies and programs relating
to uses of state concern and to recommend management options
where gaps occur in order to assure approval and implementation
of the Alaska Coastal Management Program.

As well as outlining and defining uses of state concern, the regional
program has attempted to address uses of. national interest. In Alaska,
federal land ownership and federal statutory authority determine uses
and resources of national interest. The federal act calls for "adequat ,e
consideration of the national interest involved in planning for and in the siting
of, facilities. . . which are necessary to meet requirements which are
other than local in nature. (Emphasis added)." Thus, in some cases,
the planning and siting of a facility of greater than local concern will
be-of national interest because of where it is sited (in a national
park, or in an.endangered species habitat), but in other cases it may be
of national interest because of the nature of the facility itself (an
oi.1 drilling platform or a military installation, for instance).

Also included in this paper are areas meriting special attention. The
regional program was asked to provide greater specificity regarding
criteria for the establishment'of areas meriting special attention.
Section III outlines this more clearly and lists four generic areas,
compiled by the Team after an initial survey.
The regional planning element of the Alaska Coastal Management @rogram
is not a comprehensive regional planning in the traditional sense, and
it is not intended that the team will develop a regional "plan" for each
region of the state. In fact there will be some regional issues which
it will not address. Rather, the focus will be to provi,'_ a framework
in which the uses of primarily state and national concern are considered
and managed on a regional basis.

Methodology
At the direction of the Alaska Coastal Policy Council, the ACMP Regional
Planning Team has prepared the attached draft criteria statements for
uses of state concern. These uses and,activities represent many of the
major concerns and authorities of the state. Our objective has been to
develop criteria which would (1) be specific enough to eliminate any
doubt as to whether or not a use is of "state concern" and; (2) retain a
degree of flexibility to allow for the differing range of impacts the
same activity might have on a regional and/or statewide basis at different
locations now or in the future.
In pursuit of this objective, the Regional Program Team considered three
possible approaches. The first was to address all uses over which the
state has statutory authority. This would have been the easiest way to
define uses of state concern. However, this approach would go against
the spirit and intent of the Alaska Coastal Management Act. It is our
interpretation of the Act that a use of state concern infers a degree of
magnitude resulting in interregional impacts on public resources rather
than simply those uses over which the state has some authority. The
Alaska Coastal Guidelines and Standards already indicate that nothing in
the state program or in any district program may diminish the authority
of any state agency with respect to resources in the coastal area.
Therefore, it is not necessary to define uses of state concern to cover
all statutory authorities of the state.
The second approach was to set quantitative standards which must be met
by specific uses and activities to be considered a use of state concern.
We pursued this approach quite extensively as we believe it to be the
alternative that would offer the clearest possible guidelines. However,
after consulting with experts on development of specific uses, we learned
that to set standards based solely on physical size, employment generated,
quantity of production, etc., does not allow for an adequate determination
of a uses impact on a regional or statewide basis. It would be unworkable
to set quantitative cut-off points to define all uses of state concern
in all situations because so many variables are involved. Such things
as the geographic location of the activity, state of the economy, avail-
ability of and accessibility to resources, height of technology and
cumulative impacts at any given time are too uncertain to determine
whether or not a particular activity would have regional or statewide
impacts.
Although this approach does not appear to be feasible, we feel that
further economic and development/impact studies would be of great benefit
in the determination of uses of state concern and should be pursued by
appropriate state agencies. In this way we could more easily establish
those uses which are obviously of "state concern", those uses which
obviously are not, and those uses which may or may not be depending on
site-specific considerations.
The final approach, which we have adopted, is to expand the definitions
of uses of state concern from the Act, listing specific activities which

generally have a level of impact warranting this designation. We have
specified, whenever possible, which of these activities have character-
istics which inherently make them a use of state concern. For example,
commercial development activities resulting in exportation of products
and uses affecting public resources (state parks, fish & wildlife, etc.).
For many activities we have also identified development characteristics
(physical size, quantity of production, employment generated, etc.)
which may singly or cumulativL-ly induce regional or statewide impacts.
These development characteristics are not quantified, thus allowing for
use of state concern determinations based on factors that may vary
depending on the location of the activity or environmental, economic or
social conditions which may change in the future. In addition to deci-
sions made directly by the Alaska Coastal Policy Council, these deter-
minations would generally be made, on an ongoing basis, by the state
agencies already mandated to make such decisions through the regional
planning process. We feel that this approach offers the flexibility
required to take variable factors into consideration while maintaining
the guidance necessary to determine a use of state concern.

SECTION I

Description of:

Uses of state concern
Areas Meriting Special Attention
- Uses of National Interest

The following is a listing of the uses of state
concern giving the state agency description (def-
inition or criteria) of each use considered by the
Regional Program. For a more detailed outline of
each use delineating the justification (rationale
and legal) implementing authorities and regional
program management products, see the section im-
mediately following this one.

USES OF STATE CONCERN

Description

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ENERGY PRODUCTION AND DISTRIBUTION

Energy facilities mean any equipment or facility which is or will
be used primarily in the exploration for, or the development, pro-
duction, conversion, storage, transfer, processing, or transporta-
tion of any energy resource; or for the manufacture, production, or
assembly of equipment, machinery, products, or devices which are
involved in any activity described above. Facilities include, but
are not limited to (1) electric generating plants; (2) petroleum
refineries and associated facilities; (3) gasification plants; (4)
alternative energy sources (geothermal, wind, solar, biomass); (5)
facilities used for the transportation, conversion, treatment,
transfer, or storage of liquefied natural gas; (6) uranium enrich-
ment or nuclear fuel processing facilities; (7) oil and gas facilities,
including platforms, assembly plants, storage depots, tank farms,
crew and supply bases, and refining complexes; (8) facilities
including deepwater ports, for the transfer of petroleum; (9)
pipelines and transmission facilities; and, (10) terminals which
are associated with any of the foregoing."

TRANSPORTATION

Transportation and public facilities include the following categories:

- Highways,
Roads and trails,
- Airports (land and sea planes),
- Marine Highway System (Ferries) docks, piers, or terminals,
- Boat docks and harbors.

Uses of state concern for these categories include capital projects
that have statewide, interregional and interdistrict uses which
impact the state's transportation system.

NEW COMMUNITY DEVELOPMENT

New community development includes:

A. All "development cities" located in a coastal area (as defined
in AS 29.18.220-460)

B. New or relocated coastal area communities (not classified as
development cities) which would "confer significant environ-
mental, social, cultural or economic benefits or burdens
beyond a single coastal resource district.it

SEWAGE COLLECTION AND DISPOSAL

Any sewage treatment facility which is dependent upon a zoastal
location, disposes its effluent to waters of the state and which,
because of the magnitude of its effect on the economy of t-he state
or surrounding area, is reasonably likely to present issues and/or
effects of more than local significance or confer significant
environmental, social, cultural or economic benefits or burdens
beyond a single coastal resource district by virtue of its size,
capital cost to develop, employment generated and/or impact to the
quality of state waters is a use of state concern. Such facilities
include any structure, disposal outfall, lagoon, pumping station,
neutralizing, stabilizing, or disposing of wastewater and sludges
resulting therefrom. This does not apply to the use of a septic
tank, package plant or soil absorption system.

PUBLIC WATER SUPPLY

B. Such-facilities include any source of water, intake works,
collection system, treatment works, storage facility, or dis-
tribution system from which water is available for human
consumption and which services at least twenty-five residents.

SOLID WASTE COLLECTION AND DISPOSAL

A. Any solid waste disposal facility which is dependent upon a
coastal location or which, because the magnitude of its effect
on the economy of the state or the surrounding area, is
reasonably likely to present effects or issues of more than
local significance or confer significant environmental, social,
cultural or economic benefits or burdens beyond a single
coastal resource district by virtue of its size, capital cost
to develop, employment gene-rated and/or effects on the quality
of the waters of the state.

B. Such facilities include intermediate disposal facilities,
landfills, incinerators having a total rated capacity of more
than 200 pounds of solid waste per hour, composting plants, or
any
,, site utilized for the reduction, conE,lidation, conversion,
processing or disposal of solid waste. They do not include a
single-family, duplex residence or farm on which solid waste
is generated and disposed of on premises.

HARVEST OF FISH AND WILDLIFE

Any harvest of fish in the state and its contiguous waters and the
harvests of all wildlife in the state including subsistence,
commercial and sport harvests where harvest includes the taking,
pursuing, hunting, fishing, trapping or in any manner disturbing,
capturing or killing or attempting to take fish and game.

USES AFFECTING ANADROMOUS STREAMS, RIVERS, LAKES

The use of rivers, lakes, and stream as habitat for anadromous
fish is a use of state concern.

All activities affecting rivers, lakes, streams and associated
drainages that are important for the spawning, rearing or
migration of anadr=ous fish and that are identified in accor-
dance with Title 16 are of state concern.

HABITAT AND SPECIES ENHANCEMENT PROJECTS
AND RESEARCH AND MONITORING ACTIVITIES

A. All fish hatcheries and other aquaculture facilities including
state operated and financed; and privately financed aquaculture
facilities are a use of state concern.

B. Under cooperative management agreements with federal agencies
(USF&W, USFS, BLM, NMFS) the Department of Fish and Game
reviews all enhancement programs on federal lands thereby
making them a state concern.

C. All habitat enhancement projects which may take place on State
land are of state concern.

D. All monitoring of fish and wildlife populations and all research
of fish and wildlife populations conducted by the state is of
state concern.

USES IN AREAS USED FOR STATE GAME REFUGES, SANCTUARIES
AND CRITICAL HABITATS

Critical habitat areas, sanctuaries, and refuges are legislatively
designated areas where a more stringent regulation of uses is
necessary to protect, conserve, maintain, and develop fish, wild-
life and aquatic plant resources. Generally, these habitats: 1)
support life stages or functioAs of important harvestable or pro-
tected species, 2) are unique habitats (rare, largest, support
endangered species, farthest extent of the range, etc) or; 3) are
highly productive commercial fisheries areas. All activities
occuring in these areas are of state concern.

USES IN AREAS ESTABLISHED-AS STATE PARKS
WAYSIDES, OR RECREATIONAL AREAS

All land and water uses in areas established as state parks way-
sides or recreational areas.

SITING OF INDUSTRIAL OR COMMERCIAL
DEVELOPMENT ACTIVITIES

The siting of industrial or commercial development actilrities which
are dependent on a coastal location and which, because of their
magnitude, the magnitude of their effect or their cumulative effect
on the economy of the state or the surrounding area, are reasonably
likely to present issues of more than local significance. Activities
to be considered in this-regard are:

(1) coal exploration, extraction and coal conversion processing;

(2) exploration for-, extraction and processing of, and manu-
facturing and 'marketing of products from non-fuel minerals
such as aluminum, asbestos, chromium, cobalt, copper,
gold, iron, lead, manganese, molybdenum, nickel, phosphate,
potassium, silver, sodium, sulphur or zinc;

(3) exploration for, extraction and processing of, and manufacturing
and marketing of products from materials such as clay,
sand, graveli rock, or pumice;

(4) enhancement projects for, harvest and processing of, and
manufacturing and marketing of products from fish, fish
by-products, seafood, marine mammals or other living
marine resources;

(5) state forests, forest reserves and forest management
projects, harvest and processing of and manufacturing and
marketing of products from timber;

(6) agricultural development projects, farming, grazing, food
or fo6d by-products processing, and manufacturing and
marketing of products from agricultural resources.

Uses of State Concern with respect to these activities include:

A. Commercial resource' development activities listed above which
result in exportation or interregional transportation and sale
of products.

B. Major commercial resource development activities listed above
which based on recent environmental studies, resource inventories
and cur-rent economic indicators are determined by appropriate
state agencies to 6onfer or to be likely to confer significant
environmental or economic benefits or burdenr jeyond a single

coastal resource district by virtue of their physical size,
quantity of production, capital coast to develop, employment
generated, water use and/or residuals generated.

C. The siting of large-scale industrial activities listed above
which based on recent environmental studies, resource inven-
tories and current economic indicators are determined by
appropriate state agencies to confer or to be likely to confer
significant environmental or economic benefits or burdens
beyond a single coastal resource district by virtue of their
physical size, quantity of production, capital cost to develop,
employment generated, water use and/or residuals generated.

D. Major state land sales, grants, exchanges, conveyances or
other disposal projects designed to provide land for and
enhance development of activities listed above.

AREAS MERITING SPECIAL ATTENTION

Description

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AREAS OF RECREATIONAL, SCENIC, CULTURAL, OR
SCIENTIFIC SIGNIFICANCE

Areas included in this category include those which are sensitive
to change or alteration and which, because of plans or commitments
or because a claim on the resources within the area delineated
would preclude subsequent use of the resources to a conflicting or
incompatible use, or warrantsi special management attention, or
which, because of its value to the general public, should be iden-
tified for current or future planning, protection, or acquisition.
Further descriptions of these areas follow:

A. Recreational areas which:

1. are formally proposed state or national parks, waysides,
or recreation areas by way of state or federal studies,
pending bills or resolutions in the state legislature or
Congress;

2. draw continous or seasonal usage from recreationalists.

3. because of unique combinations of terrain, climate,
proximity of water and vegetation are naturally attTac-
tive for interregional recreation activities and appro-
priate for recreation designation by state or federal
agencies;

4. provide important sport hunting, sport fishing or wildlife
observation opportunities on a continuous or seasonal
basis;

B. Scenic Areas

1. , which are formally proposed state or national parks,'
waysides, or recreation areas via state or federal
studies, pending bills or resolutions in the state legis-
lature or Congress;

2. or corridors which draw continuous or seasonal usage from
recreationalists, tourists or sightseers;

3. with unique visual or aesthetic qualities which are
attractive for interregional sightseeing, viewing or
recreational activities. Such areas can include: unique
land forms, unique submarine areas accessible by SCUBA
diving, wildlife areas, expansive vistas and panoramic
view, scenic corridors, areas of unusual landscape
diversity, waterfalls, lakes, rivers, gorges and bluffs;

C. Scientific

1. Outstanding examples of geologic formations, geologic
features or fossil beds identified by a state or federal
agency, that lend themselves to study or viewing by

scientists, students or the general public and contribute
to the general understanding of geological or paleonto-
logical processes.

2. Areas of outstanding or unique biological or ecological
significance identified by a state or federal agency,
that lend themselves to study or viewing by scientists,
students or the general public and contribute to the
general understanding of biological or ecological pro-
cesses.

3. Areas identified by a state or federal agency to be used
for the purpose of scientific monitoring or studies where
research activities can be conducted on a long-term basis
with minimum interference fr'om other uses.

AREAS OF PREHISTORIC, HISTORIC, OR
ARCHAEOLOGICAL OR CULTURAL SIGNIFICANCE

Areas included in this category include those which are sensitive
to change or alteration and which, because of plans or commitments
or because a claim on the resources within the area delineated
would preclude subsequent use of the resources to a conflicting or
incompatible use, warrants special management attention, or which,
because of its value to the general public, should be identified
for current or future planning, protection, or acquisition. Further
descriptions of these areas follow:

A. Areas on or identified as eligible for listing in the National
Register of Historic Places.

B. Areas containing historic, prehistoric archaeological, or
cultural resources identified or eligible for identification
by the State Historic Sites Advisory Committee as important to
the study, understanding or illustration of national or state
history or prehistory.

@C. Areas identified in the Alaska Heritage Resource Inventory
maintained by the Alaska Division of Parks, Department of
Natural Resources.

NATURAL HAZARD AREAS

Areas identified by districts and state agencies which are known
geological hazard areas or areas of high development potential in
which there is a substantial possibility that natural hazards may
occur and are thus susceptible to property damage and loss of life
if developed. Hazardous areas to be considered in this respect
shall include:

A. Areas of significant earthquake hazard which are identified on
Corps of Engineer's Seismic Risk Map.

B. Areas of active surface faulting encompassing a one mile strip
16 on either side of known active or potentially active faults.
C. Areas of unstable ground conditions capable of mass movements
such as landslides, rockfalls, mudflows, slumping, or submarine
slides and areas subject to subsidence or uplift.

D. Areas surrounding active volcanoes exposed to the effects of
lava flows, mudflows, glacial ice-melt flooding and potentially
significant airborne materials including acid rains and ash.

E. Areas which have experienced recurring floods due to heavy
rainfall, spring snow and ice melts, ice jamming or storm
surge with 100-year recurrence intervals.

F. Areas susceptible to floods due to glacial lake outbursts and
identified as known or interred outburst plains in the USGS
publication, "Glacier Damned Lakes and Outburst Floods in
Alaska."

G. Areas with detectable rates of coastal or riverbank erosion or
accretion.

H. Areas of known or inter-red snow avalanches.

I. Areas known to have been innundated by tsunami or seiches.

J. Areas potentially exposed to the'effects of permafrost, ice
grounding, ice shove, calving of icebergs or rapid glacier
advance.

SPECIAL HABITAT AREAS

Special habitatareas are areas meriting special attention if
they are sensitive to change or alteration and which, because of
plans Or Commitments Or because a claim on the resources
within the area delineated would preclude subsequent use of the
resources to be conflicting or incompatible use, warrants special
management attention, or which, because of thi! value to the general
public, should be identified for current or future planning, pro-
tection, or acquisition; these areas, more specifically, special
liabitats are areas which:

A. support critical life stages or functions of important harves-
table or protected species including nesting, breeding, spawning,
rearing, overwintering and migration;

are unique habitats (rare, largest, farthest extent of the
range, etc.);

C. are highly productive commercial fisheries areas;

D. are sensitive areas threatened by existing or proposed develop-
ment;

E. are storage areas needed to support, maintain or replenish
coastal lands and resources including but not limited to
eelgrass beds, wetlands and ba=ier islands.

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0 USES OF STATE CONCERN

(OF NATIONAL INTEREST)

Description

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NAVIGATIONAL FACILITIES AND SYSTEMS

The siting, construction, and maintenance of navigational facilities
and systems, including: U. S. Coast Guard Stations, channel markers;
beacons, lighthouses; LORAN and radar facilities, and other aids to
navigation, both onshore and offshore are national uses of state
concern.

DEFENSE AND SECURITY FACILITIES

The siting of national defense and related facilities which are
dependent on coastal locations, including: military bases and
installations and associated facilities; aerospace facilities;
intelligence, communications and related facilities, is of national
interest.

FISH & WILDLIFE AND THEIR HABITAT

A. All fish and wildlife populations under federal jurisdiction
including marine mammals, migratory bird species, bald and
golden eagles, endangered species and their habitats are of
national interest.

B. All fish and wildlife habitats which are given special pro-
tection through acts or treaties are of national interest.

C. In addition, the habitats important to propagation and con-
tinued maintenance of commercial marine fisheries -resources
are managed by the federal goverment and axe of national
interest.

RESOURCE DEVELOPMENT OF FEDERAL LANDS

All resource development, including activities and the siting
of facilities related to: timber harvest; mining; oil and gas
development; fisheries; agriculture; road and airstrip construc-
tion; recreational facilities; or other industrial, commercial,
residential or public development on federal lands or land under-
lying federal waters, are of national interest.

SECTION II

USES OF STATE CONCERN

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ENERGY PRODUCTION AND DISTRIBUTION

I. Description

Energy facilities mean any equipment or facility which is or will
be used primarily in the exploration for, or the development, pro-
duction, conversion, storage, transfer, processing, or tilansporta-
tion of any energy resource; or for the manufacture, production,
or assembly of equipment., machinery, products, or devices which are
involved in any activity described above. Facilities i,,-iclude, but
are not limited to (1) electric generating plants; (2) 1?etroleum
refineries and associated facilities; (3) gasification plants; (4)
alternative energy sources (geothermal, wind, solar, biomass); (5)
facilities used for the transportation, conversion, treatment,
transfer, or storage of liquefied natural gas; (6) uranium enrich-
ment or nuclear fuel Processing facilities; (7) oil and gas facilities,
including platforms, assembly plants, storage depots, tank farms, crew
and supply bases, and refining complexes; (8) facilities including
deepwater ports, for the transfer of petroleum; (9) pipelines and
transmission facilities; and, (10) terminals which are associated
with any of the foregoing."

II. Justification

A. Rationale

Alask a holds strategic importance for the national energy
program. According to the U. S. Geological Survey, the
waters off the Alaskan Coast as well as onshore areas
have great potential for petroleum resources. Because of
its resources, the state is facing the prospect of nine
offshore lease sales in three years (including a joint
state/federal sale in the Beaufort Sea) bringing with the
sales, the possibility of development of major energy
facilities along Alaska's coast. The state also has
geothermal resources and the topography and climate for
the development of hydroelectric energy for residentail
industrial, or export markets.

A dominance of Alaska in the nation's energy production can
mean significant economic development to Alaskans. The
state has abundant energy resources which have not been
sufficiently investigated to permit formulation of a devel-
opment scenario. Although unable to establish the stimuli
location, time table or sequence, it is, nonetheless, pre-
dictable that energy development will occur and that Alaska's
coastal zone will be affected. It i- important that the
state take into consideration the effect of energy develop-
ment on other resources and the special qualities of Alaska .
Any management plan must make provisions for the future
reclassification of lands to meet energy needs as development
occurs or becomes imminent while also Cr-,ldering the main-
tenance of high air and water quality, arctic and subarctic

geography, sparse population, subsistence culture, fisheries,
wildlife habitats and scenic and recreation areas. It is
in the state's interest to satisfy industrial and co= = ity
energy requirements and, at the same time, to insure that
sites chosen for major energy developments minimize adverse
environmental and social effects and not unnecessarily
restrict other land and water uses.

B. Legal

1. Federal

a. The federal Coastal Zone Management Act states:
$'Prior to granting approval, @he Se-c-retary (of
Commerce) shall also find that the (state) program
provides for a method of assuring that local land
and water use regulations within the coastal zone
do not unreasonably restrict or exclude land and
water uses of regional benefit" (306(e)(2)). Federal
regulations suggest that such facilities such as
ports and energy production and transmission facilities
are uses of regional benefit (92313(d)). Furthermore,
to assure that these uses are not arbitrarily or
unreasonably restricted, the regulations cite several
acceptable management approaches. These include
"state-wide siting laws that supercede local regulations
when necessary" or "assurance that an adequate amount
of specific sites are or can be set aside to meet a
projection of reasonable and foreseeable demand for
different uses of regional benefit through . . . pro-
vision of sites in local maps or ordinances; or state
guidelines defining uses of regional benefit and
requiring their consideration as local implementation
programs are developed" (923.43(c)).

b. The federal act also requires that each state coastal
management program include 11 . a planning process
for energy facilities likely to be located in the
coastal zone and a process for the planning and manage-
ment of the anticipated impacts from any energy
facility-," (30S(b)(8)).

2. State

The Alaska Coastal Management Act directs the Alaska
Coastal Po icy Council to "initiate a process for
identifying and managing uses of state concern"
* *. the siting of major energy facilities or large-
scale industrial or commercial development activities
which are dependent on a coastal location and which,
because of their magnitude or the magnitude of their
effect on the economy of the state or the surrounding
area, are reasonably likely to present issues of more
than local significance;" (AS 46.35.210(6)).

III. Implementation Authorities

A. "AS 38.OS.145. LEASING PROCEDURES. (a) Deposits of coal,
phosphates, oil shale, sodium, potassium, oil, gas, geothermal
resources and state lands containing these deposits are subject
to disposition under rules and regulations, recommended by the
director (of the Division of Lands) and adopted by the com-
missioner (of Natural Resources) and the provision of SS 145-181
of this chapter."

B. "AS 38.3S .010. LEGISLATIVE DECLARATION OF POLICY. (a) The
natural resources of this state in crude oil and natural gas and
in its land for transportation of these resources and their pro-
ducts by pipeline toward markets both in and out of the state
are capable of making a significant contribution to the general
welfare of the people of this state. It is the policy of this
state that the development, use, and control of a pipeline
transportation system be directed to make the maximum contri-
btuion to-the development of the human resources of this state,
the increase in the standard of living for all of its residents
the advancement of existing and potential sectors of its economy,
the strengthening of freee competition in its private enterprise
system, and the careful protection of its incomparable natural
environment.

(b) The State of Alaska reserves unto itself all rights, powers,
privileges and immunities not preempted by federal interstate
commerce laws and regulations in the right-of-way leasing of
any state lands for pipeline construction, transmission, or
operation within its boundaries."

C. "AS 38.05.020. AUTHORITY AND DUTIES OF THE CONNISSIONER.(6f
Natural Resources) (c) The commissioner has all powers necessary
and proper to implement the policy, purposes, and provisions
of the Alaska Right-of-Way Leasing Act of 1972 (AS 38.35), so
as to subserve, as he in the exercise of his reasoned discretion
determines, the public interest, convenience, and necessity,
including but not limited to:

(1) granting leases of state land for pipeline right-of-
way purposes;

(2) leasing, purchasing, or otherwise acquiring (including
condemning by declaratl*'on of taking), easements or
other interests in land in this state for the purpose
of utilizing or granting leases of the land, easements
or interests for pipeline right-of-way purposes;

(3) purchasing interests-in pipelines in accordance with
options included in right-of-way leases; . . .

(5) developing from time to time and maintaining a com-
prehensive master plan for pipelin, cransportation
development;

(6) developing and promoting programs to foster efficient,
economical, and safe pipeline transportation services
in the state;

(7) coordinating the activities of the commissioner
under this Act with the transportation and other
relevant activities of other public agencies and
authorities;

(8) constructing, extending, enlarging, improving,
repairing, acquiring, operating, or engaging in
transportation, service, or sale by any pipeline or
providing for these by contract, lease, or other
arrangement on those terms that the commissioner may
consider necessary, convenient or desirable with any
agency, corporation, or person, including but not
limited to any carrier Or any state agency, when the
commissioner determines that a lessee carrier is not
willing to undertake and complete the action within
a reasonable time, and to sell, lease, grant, and
dispose of any property constructed or acquired in
the exercise of this power."

D. General permitting, leasing and disposal authority of state
owned land resources, particularly tidelands permitting and
leasing (Title 38). Agencies also maintain review authority
over permits issued by the Army Corps of Engineers in accor-
dance with Section 404 of the Water Pollution Control Act.
This includes review of all activities in wetlands.

E. The Department of Natural Resources has the authority to zone
in the unorganized borough (AS 38.OS.037).

F. State agencies have the authority to allocate and manage all
water resources of the state (AS 46.15).

G. Title 16 authorizes the commissioner of Fish and Game to
"manage, protect, maintain, improve and extend the fish, game
and aquatic plant resources of the state . . . 11. Title 16
Sec. 16.05.870 and Sec. 16.10.010 authorizes the Department of
Fish and Game to protect anadromous fish habitat in fresh
water and to protect salmon spawning habitat in salt water.

H. The Fish and Wildlife coordination act grants review authority
of all.federal permits.

I. Sec. 46.03.740. No person may discharge, cause to be discharged,
or permit the discharge of petroleum, acid, coal, or oil tar,
lampblack, aniline, asphalt, bitumen, or a residuary product
of petroleum, into, or upon the waters or land of the state
except in quantities, and at times and locations or under
circumstances and conditions as the department by regulation,
permit or where permitted under Article IV of the International
Convention for the Prevention of Pollution of the Sea by Oil,
19S4, as amended.

J. AS 44.47 establishes the Department of Community and Regional
Affairs as a service agency responsible for rendering maximum
assistance to government at the community and regional level.
One type of assistance is financial assistance. Under the
Coastal Energy Impact Program (CEIP) and the Alaska Coastal
Management Program, for instance, DCRA is responsible for
distributing grants (and providing some technical assistance)
to local governments to help them plan for impacts of energy
development and to develop district coastal management programs.
In awarding and administering the grants, DCRA can :shape and
monitor the purpose,-design and content of CEIP projects and
district coastal management programs to be consistent with the
federal and state coastal management programs. Grant administration
is thus a primary way in which DCRA can insure rega:rd for and
consideration of uses of state concern in district coastal
management programs.

K. The Alaska Coastal Management Act also extends DCRA's assistance
mandate to include, if the Alaska Coastal Policy Council so
directs, the preparation of coastal management programs for
resource service areas which have failed to organize and are
or will be confronted with "major economic development activity"
(AS 46.40.170). @y definition, "major economic development
activity" includes "a call for nomination by the Secretary of
the United States, Department of Interior, for leasing of
tracts within petroleum basins in waters of the Outer Contin-
ental Shelf (AS 46.40.160(b)).

L. Prior to the passage of the Alaska Coastal Management Act., the
commissioner-level coastal management policy committee designated
the Department of Community and Regional Affairs lead agency
in the development of a workable planning process for energy
facility siting. As a result of the designation, DCRA published
the Gulf of Alaska OCS Handbook in which policies and prelim-
inary siting and project evaluation criteria are developed for
oil and gas facilities most likely to be built in support of
development of federal OCS lands. The OCS policies appearing
in the OCS Handbook have been endorsed by the Governor, and
the Dep artment offers the Handbook as an information source
and guide for energy facility planning processes.

M. In AS 44.56 the Alaska Power Authority was created to promote,
develop and advance the general prosperity and economic welfare
of the people of Alaska by providing a means of constructing,
ecquiring, financing and operating hydroelectric and fossil
fuel generating proj*ects.

AS 44.33 established the section of power development in
Department of Commerce and Economic Development. It's purpose
is- to.conserve, develop, and use the water and other electric
power resources of'the State, to make an abundant supply of
electric power and energy available to the people of the state
at the lowest possible rates compatible with wid business
principles, and ta promote and extend the u:,e of electric
power and energy in the state for industrial, agricultural,
commercial, residential, and other purposes.

N Federal Implementation Authorities
(see appendix for further explanation)

1. Clean Air Act of 1970

2. Department of Energy Organization Act of 1977

3. Federal Power Act of 1935

4. Federal Water Pollution Control Act of 1972, as amended

S. National Environmental Policy Act

6. Noise Control Act of 1972

7. Outer Continental Shelf Lands Act of 1953, as amended

8. Submerged Lands Act of 1953

IV. Management Products

A. The regional program. will identify existing and proposed
energy facility sites within the coastal regions on maps.
B. The regional program will recommend management policies to
be applied to energy related uses.
IP

TRANSPORTATION

I. Description

Transportation and public facilities include the following categories:

- Highways,
- Roads and trails,
- Airports.(land and sea planes),
- Marine Highway System (Ferries) docks, piers, or terminals,
- Boat docks and harbors.

Uses of state concern for these categories include capital projects
that have statewide, interregional and interdistrict uses which
impact the state's transportation system.

II. Justification

A. Rationale

The State's transportation infrastructure is essential to
the economic and social well-being of the public. The
goals of transportation relate to the movement of people
and goods. Additionally, specialized transportation
activity is related to natural resource extraction. The
dimensions of transportation relate to local, intra-
regional, interregional, interstate, an4 international
service requirements. Historically in Alaska the coastal
areas have provided the primary ports of ingress for the
movement of the products of commerce. Coastal areas are
growing more transportation dependent to support expanding
fisheries, offshore oil and gas extraction, industrial
facilities and recreational uses.

B. Legal

1. State

a. The Department-of Transportation and Public Facilities
under the direction of the Commissioner of Transpor-
tation and Public Facilities (AS 44.42.010), has
authority over design of all state modes of trans-
portation and transportation facilities, communica-
tion facilities, docks, floats, breakwaters, buildings
and similar facilities. The department is required
to consider comprehensive transportation plans, and
the economic, social, and envir--imental impacts of
alternative means Of transportation.

b. The Department of Transportation and Public Facilities
has the-authority to exercise the power of eminent
domain where the property is necess--y for public

use (AS 19.050) in order to support its duty to
plan, design, construct and maintain transportation
and other public facilities (AS 44.42.020).

C. The Standards of the Alaska Coastal Management
Program, as adopted by the Alaska Coastal Policy
Council and approved by the Legislature, included
the following, under Article 2, "Uses and Activities",
for Transportation and Utilities:

__6 AAC 80.080. TRANSPORTATION AND UTILITIES.
(a) Transportation utility routes and facilities
in the coastal area must be sited, designated,
and constructed so as to be compatible with
local community goals and desires as expressed
in district program and comprehensive plans.

(b) Transportation and utility routes and
facilities must be sited inland from beaches
and shorelines unless the route or facility
is water-dependent or no feasible and prudent
inland alternative exists to meet the public
need for the route facility. (AS 44.19.893;
AS 46.40.040)

III. Implementation

A. The Department of Transportation and Public Facilities is
responsible for the construction of transportation modes and
in-shore facilities (AS 44.42.020(a)(1)). The department is
required to "confer" with the planning commissioner of an
affected municipality to determine that the welfare of the
public is properly protected by proposed public work. However,
an overriding state need may be justification for the imposition
of direct state authority over local planning and zoning.
When public necessity dictates, the Department of Transportation
and Public Facilities may take land by eminent domain (Babinee
v. State, P. 2d 563 (Alaska 1973)) and in appropriate es
may include the taking of land for access to shoreline.

B. AS 41.20.050 states that the Department of Transportation and
Public Facilities and the Department of Natural Resources
shall jointly select sites of ten (10) acres or less for
historic or scenic value, for recreation beaches along water-
ways, and for roadside rests and determine the necessary
facilities.

C. The Department of Transportation and Public Facilities exerts
locational control over recreational usage. Through the power
of eminent domain the department can condemn land for scenic
enhancement and landscaping purposes up to 660 feet from the
right of way of a highway. It also sets minimum performance
standards in regulating outdoor advertising along the highways
of the state. Signs which do not comply are a public nuisance
and may be removed.

D. Junkyards may not be operated within 1,000 feet of the right
of way of interstate, primary or secondary highways, except if
they are not visible from the highway or are within areas
zoned for industrial use, or are within unzoned industrial
areas as defined by the Department of Transportation and
Public Facilities regulations. If the owner does not screen
the area and the department determines that screeTLing would be
infeasible, it may purchase or condemn the area. If the
Department determines that screening is feasible, it may
screen the area and bill the owner for the expense.

E. AS 19.25.010 and 17 AAC 15 state that persons, political
subdivisions, or cooperatives wishing to construct, place, or
maintain utilities under, on, in, or over the highway rights-
of-way must contact the Department of Transportation and
Public Facilities to obtain a Utility Permit. Utilities
include railroads and.all publicly, privately, or cooper-
atively owned lines, facilities and systems for producing,
transmitting, or distributing communications, telecommuni-
cations, power, electricity, light, heat, gas, oil, crude
products, water, steam, waste, storm water not connected with
highway drainage, and other similar commodities, including
publicly owned fire a-Ad police signal, systems, and street
lighting systems. A Utility Permit is also necessary to
improve, add to, relocate, or change the operating conditions
of existing facilities. A single Utility Permit shall auth-
orize only such activities as are reasonably required for the
construction and routine maintenance of a separate utility
facility upon or within highway rights-of-way.

F. AS 3S.30 was amended by the legislature and effective Sep-
tember 16, 1977, stated that:

Sec. 3S.30.010. REVIEW AND APPROVAL BY LOCAL PLANNING
AUTHORITIES. (a) Except as provided in (b) of this
section, before commencing construction of a public
project,

(1) if the project is located in a municipality,
the department shall submit the plans for the project
to the planning commission of the municipality for
review and approval;

(2). if the project is located within two miles
of a village, the department shall submit plans to
village council for review and comment.

(b) Prior approval by a municipal planning commission
may not be required before the commencement of
construction of a highway or local service road if:

(1) the Department of Transportation and Public
Facilities and the municipality have entered into
agreement for the planning of the project under AS
19.20.060 or 19.20.070 and the plans for the project
are completed in accordance with the terms of that
agreement;

(2) the municipality has adopted a municipal
master highway plan under AS 19.20.080 and the
highway or local service road is consistent with the
plan adopted; or

(3) the Department of Transportation and Public
Facilities has entered into agreement with the
municipality for the planning of transportation
corridors under AS 19.10.280 and the plans for the
project are completed in accordance with the pro-
vision of that agreement.

(c) If final disapproval by resolution of the governing
body of the affected municipality or village is not
received within 90 days from the date the project
was submitted to the municipality or village, the
department may proceed with the project.

Sec. 3S.30.020. COMPLIANCE WITH MUNICIPAL ORDINANCES.
The department shall comply with local planning and
zoning ordinances and other regulations in the same
manner and to the same extent as other landowners.

Sec. 35.30.030. WAIVER. If a department clearly demon-
strates an overriding state interest, waiver of local
planning authority approval and the compliance require-
ment may be granted by the governor. The governor shall
issue specific findings giving reasons for granting any
waiver under this section.

G. Federal Implementation Authorities

a. Airport and Airway Development Act of 1970
b. Clean Air Act of 1970
C. Coast Guard Act of 1949
d. Department of Transportation Act of 1966
e. Federal-Aid Highway Act of 1966
f. Federal Aviation Act of 19S8
g. National Environmental Policy Act
h. Noise Control Act of 1972
i. Submerged Lands Act of 1953
j. Ports & Waterways Safety Act
k. Rivers and Harbors Act of 1899
1. Submerged Lands Act of 19S3
M. Urban Mass Transportation Act of 1970

IV. Management Products

The Regional Program will.:

A. Re-commend substantive an d procedural policies related to
transportation facility planning, design, construction,
operation, and maintenance.

B. Provide a list of proposed transportation capital improvement
projects of local, regional, and statewide significance.

C. Provide maps depicting location of transportation facilities
and proposed projects for coastal regions.

NEW COMMUNITY DEVELOPMENT

1. Description

New community development includes:

A. All "development cities" located in a coastal, area (as defined
in AS 29.18.220-460)

11. Justification

A. Rationale

The state's int erest and objective in new community
development is the establishment of free standing new
communities in conjunction with resource development
activities. Until quite recently, Alaskan communities, a
majority of which are unincorporated under Alaska Sta-
tutes and Support native populations, existed in their
traditional lifestyles devoid of pressures characteristic
of more urbanized cultures. Among other things, the
advent of energy and other resource-related activities
and the Alaska Native Claims Settlement Act of 1971 have
changed the pressures and concerns confronting communities.
Resource development activities have, for instance,
generated both physical growth and large cash investments
in some communities. Since many of the communities do
not have the expertise, governmental and administrative
structure, or the financial resources necessary to cope
and guide resource development and community expansion,
coordinated state oversight during the initial stages is
usually necessary to insure the orderly dp,relopment of
well-planned, economically sound new co,-junities.

B, Legal

1. Federal

As stated in the Congressional findings of the federal
Coastal Management Act, "important ecological, cultural,
historic, and esthetic values in the coastal zone which
are essential to the well-being of all citizens are being
irretrievably damaged or lost" and "special natural and
scenic characteristics are being damaged by ill-planned
development that threatens these values." (Sec. 302(e)(f)).

2. State

a. The Alaska Coastal Management Act states that uses
of State concern include land and water uses "which
confer significant environmental, social, cultural,
or economic benefits or burdens beyond a single
coastal resource district" (46.40.210(6)(b)).

b. In Title 29 the "Legislature finds that the devel-
opment of natural resources in isolated and rela-
tively unpopulated areas requires a policy and
procedure which will provide planning, financial and
other assistance necessary for encouraging orderly
development of well-planned, diversified and econ-
omically sound new cities necessary to support the
sound development of the state's resources by both
the private and the public sector" (Section 29.18.220).

111. Implementation Authority

A. Several statutes mandate Department of Community and Regional
Affairs' assistance to and authority for new community devel-
opment. First of all AS 44.47 establishes DCRA as the State
agency responsible for rendering maximum assistance to govern-
ment at the community and regional level. Other statutes
which define DCRA's authority with respect to developing
communities include:

1. AS 29.18.010-200 Incorporation Requirements and Procedures;

2. AS 44.19.250-340 Local Boundary Commission;

3. AS 29.18.220-260 Development Cities.

These statutes essentially give the authority to approve
municipality incorporation and provide a policy and procedure
to ensure that new community development and expansion is well
planned, geographically self contained, economically sound and
provided with local services. The latter statute gives DCRA
(i.e., the Local Boundary Commission) the authority to approve

or disapprove petitions to establish development cities. The
statute also designates the commissioner of the Department of
Community and Regional Affairs an initial member of a devel-
opment city council.

B. Section 29.18.240(2).gives the Legislature the authority to
establish a development city.

C. Sections 29.18.300- 310 give the Division of Policy Devel-
opment and Planning (DPDP), in conjunction with the Depart-
ments of Community and Regional Affairs, Natural Resources,
and Environmental Conservation and other department.,;, respon-
sibilities for the review and approval of preliminary planning
reports and basic comprehensive plans for development cities.

IV. Management Products

The Regional Program will identify existing and proposed new
community developments in the nine geographic regions defined in AS
44.19.893. The identification will be in map form accompanied with
a narrative explaining the issues and problems confronting the
communities and the state's interest and involvement with each
community.

SEWAGE COLECTION AND DISPOSAL
1. Description . - I

Any sewage treatment facility whi ch is dependent upon a coastal
location, disposes its effluent to waters of the state and which,
because of the magnitude of its effect on the economy of the state
,or surrounding area, is reasonably likely to present issues and/or
effects of more than local significance or confer significant
environmental, social, cultural or economic benefits or burdens
beyond a single coastal resource district by virtue of its size,
capital cost to develop, employment generated and/or impact to the
quality of state waters is a use of state concern. Such facilities
include any structure, disposal outfall, lagoon, pumping station,
neutralizing, stabilizing, or disposing of wastewater and sludges
resulting therefrom. This does not apply to the use of a septic
tank., package plant or soil absorption system.

Justification

A. Rationale

One of the biggest sources of water nollution in Alaska
has been the discharge of raw or inadequately treated
sewage from municipalities. Improperly treated and
disposed of sewage can have significant adverse effects
upon the public health and welfare. These problems are
magnified when the receiving waters to s !age disposal
also utilized for drinking water or wa.er-contact recrea-
tional activities. Providing sewage capacity -to existing

and future community development will to a large extent
determine the pace and intensity of-growth in these
areas. The nature of the communities sewage system
layout can govern the type, extent and staging of devel-
opment in any given locality. Thus, when sewer treatment
planning is addressed solely to the primary objective of
abating public health hazards, it may also provoke unan-
ticipated and undesired community growth and exacerbate
other existing pollution problems.

The state's interest and objective in reviewing and
coordinating sewage treatment facility development is the
establishment of community growth and development in an
environmentally sound manner. The state has strong
concern over poorly planned and serviced sewage treatment
systems which place additional economic and administrative
burdens on the state and threaten the quality of the
state's air, land and water resources.

B. Legal

1. Federal

a. Coastal Zone Management Act

As stated in the congressional findings of the
federal Coastal Zone Management Act, "there is
national interest in the effective management,
beneficial use, protection, and development of
coastal zone;" and "the increasing and
competing demands upon the lands and waters of
our coastal zone occasioned by population growth
and economic development, including requirements
for industry, commerce, residential, development,
recreation, extraction of mineral resources and
fossil fuels, transportation and navigation, waste
disposal, and harvesting of fish, shellfish, and
other living marine resources, have resulted in the
loss of living marine resources, wildlife, nutrient-
rich areas, permanent and adverse changes to eco-
logical systems, decreasing open space for public
use, and shoreline erosion;" (Section 302(a)(C)).

b. Coastal Zone Management Program Approval regulations:

Federal regulations suggest that basic criteria
for identifying uses of regional benefit would
be two-fold: (1) effect on more than one local
unit of government, and (2) direct and significant
impact on coastal waters. Uses might include
those addressed by regional wastewater treatment
plans (funded pursuant to Section 208 of the
Federal Water Pollution Control Act (923.13(d)).

In addition, uses with the potential. for direct
and significant coastal impacts on coastal waters
include public facilities and water treatment
facilities (923.11(c)).

2. State

a
a. The Alaska Coastal Management states that uses of
state concern include land and water uses "which
confer significant environmental, social, cultural,
or economic benefits or burdens beyond a single
coastal resource district"(46.40.210(6) (B)).
b. As stated in the Guidelines and Standards, "The
statutes pertaining to and the regulations, and
procedures-of the Alaska Department of Environmental
Conservation with respect to the protection of air,
land, and water quality are incorporated into the
Alaska Coastal Management Program and, as administered
by that agency, constitute the components of the
coastal management program with respect to those
purposes," (6 AAC 80.140).

C. As stated in the Declaration of Policy establishing
the Department of Environmental Conservation, "It is
the policy of the State to improve and coordinate
the environmental plans, functions, powers and
programs of the State, in cooperation with the
federal governments, other public and private organ-
izations and concerned individuals, and to develop
and manage.the basic resources of water, land and
air to the end that the State may fulfill its respon-
sibility as trustee of the environment for the present
and. future generations," (AS 46.03.010(B)).

III. Implementation Authorities

A. Sec. 46.03.020. Powers of the Department,of Environmental
Conservation. The Department may:

Adopt regulations necessary to effectuate the purpose
of this chapter, including, by way of example and not
limitation, regulations providing for (a) control,
prevention and abatement of air, water, or land or sub-
surface land pollution.

B.- 18 AAC 72.010. Surface Waste Disposal Restrictions. (a) No
person may conduct an operation which res-1ts in the disposal
of wastewater into or upon the waters of the state or surface
of the land without obtaining a waste disposal permit from the
department under AS 36.03.100.

C. 18 AAC 72.060. Plan Review. (a) No person may construct,
alter, or modify a sewerage system or treatment works or any
part of one until detailed engineering reports, plans, and
specifications are submitted to the department and approved
by the department in writing.

D. 18 AAC 72.065. Subdivision Plan Review. (a) Before or
within five days after the time of the filing of a proposed
subdivision plat is filed with a platting authority, at least
,60 days before subdividing, the person proposing the subdivision,
unless the subdivision is an isolated subdivision, shall submit
to the department information regarding the subdivision's
physical layout and its suitability for on-site sewage dis-
posal.

E. 18 AAC 73.010. Construction Grant Project Eligibility. (a)
Incorporated Alaska municipalities, and combinations of muni-
cipalities, are eligible to apply for state public water
supply and sewerage system construction grant fund3.

F. 18 AAC 72.040. Sludge Disposal. (a) No person may deposit,
cause the deposit, permit or allow the deposit of sludge from
septic tanks, holding tanks, cesspools, privies, sewage
treatment works, water treatment works, industrial or com-
mercial facilities, or sludges from other wastes to the waters
or land without a waste disposal permit. (b) The department
may require that sewerage systems or treatment works be designed
or operated to accept and treat sludges.

G. Federal Implementation Authorities
(See appendix for further explanation)

1. Enviroimental Pollution from Federal Facilities
(Exec. Order)

2. Federal Water Pollution Control Act of 1972, as amended.

3. Rivers and Harbors Act of 1899

4. Safe Drinking Water Act of 1974

S. Solid Waste Disposal Act of 1965

IV. Management Products

A. Recommend management policies appropriate to sewage treatment
facilities of state concern within the coastal boundaries.

B. Map existing sewage treatment facilities of state concern
within the coastal boundaries.

PUBLIC WATER SUPPLY

Description

A. Any public water supply system which, because of its effects
on the economy of the state or the surrounding area, is rea-
sonably likely to present effects or issues of more than local
significance or confer significant environmental, social,
cultural, or economic benefits or burdens beyond a single
coastal resource district by virtue of its size, capital cost
to develop, employment generated and/or communities serviced.
B. Such facilities include any source of water, intake works,
collection system, treatment works, storage facility, or dis-
tribution system from which water is available for human
consumption and which services at least twenty-five residents.

II. Justification

A. Rationale

Provision of safe potable water is a basic necessity for
man's activities along the coast and will continue to
advance or limit the location of these activities in the
context of available supplies. The consequences of
utilizing water supplies which are not safe can be
catastrophic. Outbreaks of waterborne diseases such as
hepatitis and dysentery have occurred in Alaska. The
state's interest and objective in reviewing and coor-
dinating public water supply systems is to assure that
community development does not proceed at the expense of
public health or in such a manner that would preclude the
community's capability to accommodate economic develop-
ment along the coast. Poorly planned and developed
public water supply systems usually place additional
economic and administrative burdens upon the state and
may unreasonably restrict many coastal dependent acti-
vities requiring public water supplies for their oper-
ation.

B. Legal

1. Federal

a. Coastal Zone Management Act:

As stated in the Congressional findings of the
federal Coastal Zone Management Act, "there is
a national interest in the effective manage-
ment, beneficial use, protection, and devel-
opment of the coastal zone;" and "the increas-
ingand competing demands upon the lands and
waters of our coastal zone occ,,ioned by pop-
ulation growth and economic development, in-
cluding requirements for industry, COMmerce,

residential development, recreation, extraction
of mineral resources and fossil fuels, transpor-
tation and navigation, waste disposal, and
harvesting of fish, shellfish, and other living
marine resources, have resulted in the loss of
living marine resources, wildlife, nutrient-
rich areas, permanent and adverse changes to
ecological systems, decreasing open space for
public use, and shoreline erosion;" (Section
302 (a)(C)).

b. Coastal Zone Management Program Approval regulations:

Federal regulations suggest the basic criteria
for identifying uses of regional benefit should
be two-fold: (1) effect on more than one local
unit of government, and (2) direct and signifi-
cant impact on coastal waters. Uses might
include those addressed by regional wastewater
treatment plans (funded pursuant to Section 208
of the Federal Water Pollution Control Act
(923.13(d)). In addition !uses with the poten-
tial for direct and significant coastal impacts
on coastal waters include public facilities and
water treatment facilities (923.11(c)).

2. State

a. Alaska Coastal Management Act

The Act states that uses of state concern
include land and water uses "which confer
significant environmental, social, cultural, or
economic benefits or burdens beyond a single
coastal resource district (46.20.210 (6)(B)).

b. As stated in the Guidelines and Standards: "The
statutes pertaining to and the regulations and
procedures of the Alaska Department of Environmental
Conservation with respect to the protection of air,
land, and water quality are incorporated into the
Alaska Coastal Management Program and, as administered
by that agency, constitute the components of the
coastal management program with respect to those
purposes," (6 AAC 80.140).

C. As stated in the Declaration of Policy establishing
the Department of Environmental Conservation: "It is
the policy of the state to improve and coordinate
the environmental plans, functions, powers and
programs of the State, in cooperation with the
federal goverment, regions, local governments,
other public and private organizations and concerned
individuals, and to develop and manage the basic

resources of water, land and air to the end that the
state may fulfill its responsibility as trustee of
the environment for the present and future gener-
ations," (AS 46.03.010.(B)).

III. Implementation Authorities

A. Sec. 46.03.020. Powers of the Department of Environmental
Conservation. The department may: 1. Adopt regulations
necessary to effectuate the purpose of this chapter, including
by way of example and not limitation, regulations providing
for (4) Control, prevention and abatement of air, water, or
land or subsurface land pollution.

B. 18 AAC 80.010. Alaska Drinking Water Standards

Subject to sec. 110 of this chapter, no person may, cause or
allow the use of any water from a public water supply system
owned or operated by that person which contains, or has a
significant potential for containing: (1) a contaminant or
contaminants in compliance with a maximum contaminant concen-
tration established in sec. 50 of this chapter, or (2) any
other contaminant in sufficient quantities to make -water unfit
for human consumption@

C. 18 AAC 80.020. Source Protection. (a) No person may cause
pollution or contamination to enter a public water system, or
create or maintain a condition which has a significant potential
to cause pollution or contamination of a public water system.

D. 18 AAC 80.100. Plan Review. (a) No person may construct,
install, alter, renovate, or improve a public water system, or
a part of one, before obtaining written approval of engineer-
ing plans submitted to the department under this section.
E. 18 AAC 73.010. Construction Grant Project Eligibility. (a)
Incorporated Alaska municipalities, and combinations of
municipalities, are eligible to apply for state public water
supply and sewerage system construction grant funds.

F. 11 AAC 52.160. Watershed Lands

"Watershed lands" means a drainage area which may best be
utilized as a public water source (11 AAC 52.220(27)). Water-
shed lands shall be retained in public ownership and may be
leased only for purposes consistent with the public interest.

G. Federal Implementation Authorities
(See appendix for further explanation)

1. Federal Insecticide, Fungicide and Rodenticide Act of 1971

2. Federal Water Pollution Control Act of Y.2, as amended

3. Safe Drinking Water Act of 1974

4. Saline Water Conservation Act of 1971

5. Soil Conservation Act of 1935

6. Solid Waste Disposal Act of 1965

7. Watershed Protection and Flood Control Act of 1947

8. Water Resources Planning Act of 1965.

IV. Management Products

The Regional Program will:

A. Recommend management policies appropriate to public water
supply systems of state concern within the coastal boundaries.

B. Map existing public water supply systems of state concern
within the coastal boundaries.

SOLID WASTE COLLECTION AND DISPOSAL

I. Description

A. Any solid waste disposal facility which is dependent upon a
coastal location or which, because the magnitude of its effect
on the economy of the state or the surrounding area, is
reasonably likely to present effects or issues of more than
local significance or confer significant environmental, social,
cultural or economic benefits or burdens beyond a single
coastal resource district by virtue of its size, capital cost
to develop., employment generated-and/or effects on the quality
of the waters of the state.

B. Such facilities include intermediate disposal facilities,
landfills, incinerators having a total rated capacity of more
than 200 pounds of solid waste per hour, composting plants, or
any site utilized for the reduction, consolidation, conversion,
processing or disposal of solid waste. They do not include a
single-family, duplex residence or farm on which solid waste
is generated and disposed of on premises.

II. Justification

A. Rationale

Improperly disposed of solid wastes can have adverse
health effects on both human and other populations of
the natural s@stem. Ground and surface waters may become
polluted, with serious implications to public health if
these waters are also utilized as a drinking water supply.
Although the problems inherent in improper solid waste
disposal are frequently recognized, most Alaskan com-
munities do not have sufficient resources to establish
@pproved systems. As stated in the congressional find-
ings of the Solid Waste Disposal Act, "that while the

collection and disposal of solid wastes should continue
to be primarily the function of state, regional, and
local agencies, the problems of waste disposal. as set
forth above have become a matter national in scope and in
concern and necessitate federal action through financial
and technical assistance and leadership in the! develop-
ment, demonstration, and application of new and improved
methods and processes to reduce the amount of waste and
unsalvageable materials and to provide for pToper and
economical solid waste disposal practices," (section
1002(a)(4)). The state's interest and objective in
assessing and coordinating the development of solid waste
disposal facilities is the establishment of community
development and expansion in an environmentally sound
manner. Poorly planned and operated solid waste disposal
facilities usually increase the economic and administrative
burden placed upon state government and threaten the
quality of the state's air, land and water resources.

B. Legal

1. Federal

a. Coastal Zone Management Act:

As stated in the Congressional findings of the
federal Coastal Zone Management Act, "there is
a national interest in the effective management,
beneficial use, protection, and development of
the coastal zone;" and "the increasing and com-
peting demands upon the lands and waters of our
coastal zone occasioned by population growth
and economic development, including requirements
for industry, commerce, residential development,
recreation, extraction of mineral resources and
fossil fuels, transportation and navigation,
waste disposal, and harvesting of fish, shell-
fish, and other living marine resources, have
resulted in the loss of living marine resources,
wildlife, nutrient-rich areas, permanent and
adverse changes to ecological systems, decreas-
ing open space for public use, and shoreline
erosion;" (Section 302(a)(C)).

b. Coastal Zone Management Program Approval Regulations:

Federal regulations suggest that such activities
as regional waste treatment plants, multi-
district garbage disposal sites or landfills
are uses of greater than local concern (923.13(d)).

2. State

a. Alaska Coastal Management Act: The Act states that
the uses of state concern include land and water
uses "which confer significant environmental, social,

cultural, or economic benefits or burdens beyond a
single coastal resource district" (46.40.210(6)(B)).

b. As stated in the Guidelines and Standards, "The
statutes pertaining to and the regulations and pro-
cedures of the Alaska Department of Environmental
Conservation with respect to the protection of air,
land, and water quality are incorporated into the
Alaska Coastal Management Program and, as adminis-
tered by that agency, constitute the components of
the coastal management program with respect to those
purposes," (6 AAC 80.140).

C. As stated in the Declaration of Policy establishing
the Department of Environmental Conservation, "It is
the policy of the State to improve an 'd coordinate
the environmental plans, functions, powers and
programs of the State, in cooperation with the
federal government, regions, local governments,
other public and private organizations and concerned
individuals, and to develop and manage the basic
resources of water, land and air to the end that the
State may fulfill its responsibility as trustee of
the environment for the present and future genera-
tions," (AS 46.03.010.(B)).

III. Implementation Authorities

A. Sec. 46.03.020. Powers of the Department of Environmental
Conservation. The department may:

Adopt regulations necessary to effectuate the purpose of
this chapter, including, by way of example and not limita-
tion, regulations providing for (4) control, prevention
and abatement of air, water, or land or subsurface land
pollution.

B. 18 AAC 60.020. Solid Waste Management Permit. (a) No person
may establish, modify or operate a solid waste disposal facility
without a permit.

C. 18 AAC 60.070. Solid Waste Management Responsibility. (a)
The aesthetic, nonhazardous and sanitary storage of solid
waste is the-responsibility of the person owning, operating or
managing the property, premise, business establishment or
industry where the solid waste is accumulated.

D. 18 AAC 72.010(c) No person may cause or allow the deposit of
garbage, refuse, spoils, excrement, animal carcasses or other
wastes to waters of the state or to land nearby those waters
so that the matter or leachate from it may enter the surface
waters of the state, unless permitted by the Department of
Environmental Conservation under AS 46.03.100, and the depart-
ment finds that the deposit will not result in a violation of

this chapter or of the Water Quality Standards found in chapter
70 of this title.

E. Federal Implementation Authority
(See appendix for further explanation)

1. Coastal Zone Management Act of 1972, as amended.

2. Mining and Minerals Policy Act of 1970

3. National Environmental Policy Act

4. Resource Recovery Act of 1970

S. Rivers and Harbors Act of 1899

6. Solid Waste Disposal Act of 1965

IV. Management Products

The Regional Program will:

A. Recommend management policies appropriate to solid waste
disposal facilities of state concern within the coastal
boundaries.

B. Map existing solid waste disposal facilities of state concern
within the coastal boundaries.

HARVEST OF FISH AND WILDLIFE

I. Description

Any harvest of fish in the state and its contiguous waters and the
harvests of all wildlife in-the state including subsistence,
commercial and sport harvests where harvest includes the taking,
pursuing, hunting, fishing, trapping or in any manner disturbing,
capturing or killing or attempting to take fish and game.

II. Justification

A. Rationale

The fish, wildlife and aquatic plant resources of the
State of Alaska are public resources which must be managed
in the long term interests of the public. If healthy
populations are to be maintained, reasonable harvest
quotas should be established.

The benefits of developing sound management plans for the
harvest of fish and.wildlife will be refle-ted in the
health of fish and wildlife populations -ad in retention

of the high quality of life and outdoor experience Alaskans
now enjoy. Local economies will benefit a great deal
from the use of healthy fish and wildlife populations for
both commercial and subsistence purposes. Tourism and
recreational use of fish and wildlife populations can
provide additional economic benefits to local communi-
ties. It is therefore in both state and local interests
to promote wise use of all fish and wildlife resources.

B. Legal

1. Federal

The Coastal Zone Management Act of 1972 finds that
. . . "the coastal zone, and the fish, shellfish,
other living marine resources, and wildlife therein,
are ecologically fragile and consequently extremely
vulnerable to destruction by man's alterations; ...
The key to more effective protection and use of the
land and water resources of the coastal zone is to
encourage the states to exercise their full authority
over lands and waters in the coastal zone . . . ff
(Sec. 302 (d) & (h)

2. State

a. The Alaska Coastal Management Act of 1977 finds that
it is the policy of the state to "preserve, protect,
develop, use and where necessary, restore or enhance
the coastal resources of the state for this and
succeeding generations;" and to "utilize existing
governmental structures and authorities, to the
maximum extent feasible, to achieve the policies set
out in this section;"

b. The ACMA Sectio n 46.35.210 states that "use of state
concern" means those land and water uses which wuld
significantly affect the long-term public interest
(and) include: uses of more than local concern, including
those lands and water uses which confer significant
environmental . . . benefits or burdens beyond a single
coastal resource district."

C. It is the intent of the state statutes as expressed
in Title 16 that the Commissioner of the Department
of Fish and Game shall "manage, protect, maintain,
improve and extend the fish, game, and aquatic plant
resources of the state . . .

III. Implementation Authorities

A. Title 16

Authorizes the Commissioner of the Department of Fish and
Game to "manage, protect, maintain, improve and extend

the fish, gamej and aquatic plant resources of the state

Some-species are the sole management responsibility of
the Federal Government and as such are not regulated by
the state.

B. Title 16 Sec. 16.05.251

Authorizes the Board of Fisheries to make regulations
for:

1. establishment of open and closed seasons and areas
for the taking of fish;

2. setting quotas and bag limits on the taking of fish;

3. prohibiting the live capture, possession, transport,
or release of native or exotic fish or their eggs;

4.. establishment of the times and dates during which
the issuance of fishing licenses, permits and regis-
irations between registration areas as is allowed.

C. Title 16 Sec. 16.OS.255

Authorizes the Board of Game to make the regulations for

1. establishment of open and closed seasons and areas
for the taking of game;

2. establishment of the means and methods employed in
the pursuit, capture and transport of game;

3. setting quotas and bag limits on the taking of game;

4. prohibiting the live capture, possession, transport,
or release of native or exotic game or their eggs.

D. Title 16 Sec. 16.05.2S7

Further empowers the Board of Game to regulate the
harvest of game taken for subsistence purposes.

E. Title 38 Sec. 38.05.127

ACCESS TO NAVIGABLE OR PUBLIC WATERS. (a) Before the
sale, lease, grant, or other disposal of any interest in
state land adjacent to a body of water or waterway, the
Department of Natural Resources shall, . . . (b) upon
finding that the body of water or waterway is navigable
or public water, provide for the specific easements or
right-of-way, or both, reasonably necesF-i-y to insure
free access to and along the body of water, unless the
department finds that regulating or limiting access is
necessary for other beneficial uses or public purposes.

IV. Management Products

A. The Department of Fish and Game will provide the state's
management policies for the harvest of fish and wildlife based
on maintenance of these populations on a sustained yield
basis.

B. The Regional Program will develop a map of existing sport,
commercial, and subsistence harvest areas.

USES AFFECTING ANADROMOUS STREAMS, RIVERS., LAKES

I. Description

The use of rivers, lakes, and streams as habitat for anadromous fish
is a use of state concern.

All activities affecting rivers, lakes, streams and associated
drainages that are important for the spawning, rearing or
migration of anadromous fish and that are identified in accordance
with Title 16 are of state concern.

II. Justification

A. Rationale

All rivers, lakes and streams which support anadromous
fish are important public resources because they provide
the habitat upon which these commercially and recreational-
ly important fish-depend for survival. The benefits of
implementing an effective management plan for anadromous
rivers, lakes and streams will be reflected in the health
of the fish populations and retention of the high quality
of life and outdoor experience Alaskans now enjoy.
Commercial and sport fishing, subsistence use of fish,
.benefit from healthy fish populations. It is therefore
necessary that these areas receive the type of wise
management which will allow those uses which are com-
patible with the existing value of the area.
As anadromous watersheds a) may extend inland beyond
district management boundaries or be included within
adjacent districts, b) function as continuous natural
systems which include coastal waters, and c) are subject
to use which can have a direct and significant impact on
coastal waters, anadromous watersheds are defined for the
purpose of implementing the Alaska Coastal Management
Program as a "Use of State Concern."

B. Legal

1. Federal

The Federal Coastal Zone Management Act of 19',72:
Sec. 302 finds that "the coastal zone, and the
fish, shellfish and other living marine resources ' and
wildlife therein, are ecologically fragile and conse-
quently extremely vulnerable to destruction by man's
alteration." . . . and that "The key to more effective
protection and use of the land and water resources of the
coastal zone is to encourage the states to exercise their
full authority over the lands and waters in the coastal
zone . . .

2. State

a. The Constitution of the State of Alaska, Article VIII
states:

Section 3.@ COMMON USE. Wherever occuring in their
natural state, fish, wildlife, and waters are reserved
to the people for common use."

b. The Alaska Coastal Management Act of 1977 Sec. 2
finds that it is the policy of the state to "preserve,
protect, develop, use and where necessary, restore
or enhance the coastal resources of the state for
this and succeeding generations" and to "utilize
existing governmental structures and authorities to
the maximum extent feasible, to achieve the policies
set out in this section...

C. The ACMA.Section 46.35.210 also states that "use of
state concern means those land and water uses which
would significantly affect the long-term public
interest (and) include: uses of more than local
concern, including those land and water uses which
confer significant environmental . . . benefits or
burdens beyond a single coastal resource district."

d. Th e standards of the Alaska Coastal Management
Program state that, "(rivers, lakes and streams)
shall be managed so as to maintain or enhance the
biological, physical and chemical characteristics of
the habitat and its living resor-.ces" and that. in
addition to that standard rIvers, streams and lakes
are to be managed to protect habitat and natural
water flow.

e. Title 16 of the State Statutes authorizes the com-
missioner of the Department of Fish and Game to
"manage, protect, maintain, improve and extend the
fish, game and acquatic, plant resources of the
state" and to "prohibit interference with salmon
spawning waters."

III. Implementation Authorities

A. Department of Fish and Game Authorities include:

Title 16 Sec. 16.10.010 which prohibits interference with
salmon spawning and waters, declaring it unlawful for a
person to obstruct, divert or pollute waters of the
state, either fresh or salt, utilized by salmon in the
propagation of the species, by felling trees or timber in
those waters, casting, throwing or dumping any tree limbs
or foliage underbrush, stumps, rubbish, earth, stones,
rock or other debris or refuse of any kind in those
waters. Sec 16.OS.870 requires a person or governmental
agency to apply for and receive a permit before using or
obstructing an anadTomous river, stream or lake.
The Department lacks the authority to manage riparian
buffer strips along anadromous streams and estuarine
habitat.essential to the health of anadromous fish populations.
IP B. Title 46 of the Alaska Statutes authorizes the Department of
Natural Resources to determine and adjudicate rights in the
appropriation and distribution of "all water of the state,
surface and subsurfaces, occuring in a natural state, execept
mineral and medicinal water." Several sections are quoted
here because of their particular relevance.
Sec. 46-1S.010 DETERMINATION OF WATER RIGHTS. The Depart-
ment of Natural Resources shall determine and adjudicate
rights in the waters of the state, and in its appropria-
tion and distribution.

Sec. 46.lS.030. WATER RESERVED TO THE PEOPLE. Wherever
occuring in a normal state, the waters are reserved to
the people for common use and are subject to appropriation
and beneficial use as provided in this chapter.
Sec. 46.lS.260. DEFINITIONS. In this chapter, unless
the context otherwise requires. . . . (3) "beneficial
use" means a use of water for the benefit of the appro-
priator, other persons or the public, that is reasonable
and consistent with the public interest, including, but
not limited to, fish and wildlife, and recreational
uses; . . .

A A

C. The Department of Environmental Conservation has the authority
to permit or deny an operation which results in the disposal
of wastewater into or upon the waters of the state or surface
of the land. Discharge of wastewater or other wastes must not
violate state water@quality standards (18 AAC 72.010).

D. Federal Implementation Authority
(See-appendix for further explanation)

1. Anadromous Fish Conservation Act of 1965

2. Coastal Zone Management Act of 1972, as amended.

3. Federal Insecticide, Fungicide and Rodenticide Act of 1947

4. Federal Water Pollution Control Act of 1972

S. Fish and Wildlife Act of 19S6, as amended

6. Fish and Wildlife Coordination Act of 19S8

7. Fisheries Continuous Zone Act of 1966

8. Fish Restoration and Management Act of 1950
(Dingell-Johnson)

9. North Pacific Fisheries Act of 1954

10. Rivers and Harbors Act of 1899

11. Soil Conservation Act of 1935

IV. Management Products

A. The Regional Program will map existing anad-romous rivers,
lakes and streams.

B. The Department of Fish and Game will outline the process for
identification of anadromous rivers, lakes and streams and the
means by which the anadromous stream catalog can be updated.

C. The Department of Fish and Game will outline the state's
management policies for anadromous rivers, lakes and streams.

HABITAT, AND SPECIES ENHANCEMENT PROJECTS
AND RESEARCH AND MONITORING ACTIVITIES

1. Description

A. All fish hatcheries and other aquaculture facilities including
state operated and financed; and privately financed aquaculture
facilities are a use of state concern.

C. All habitat enhancement projects which may take place on State
land are of state concern.

D. All monitoring of fish and wildlife populations and all research
of fish and wildlife populations conducted by the state is of
state concern.

II. Justification

A. Rationale

The benefits of developing enhancement programs and
implementing effective management plans will be reflected
in the health of the fish and wildlife populations (which
are a public resource) as well as the retention of the
high quality of life and outdoor experiences Alaskans now
enjoy. Commercial and sport fishing, subsistence use of
fish and game, tourism and recreation interests will all
economically benefit from healthy fish and wildlife
populations. It benefits the long-term public interest
to maintain enhancement programs which will result in
healthy fish and wildlife populations and to promote
IP the research and monitoring of fish and wildlife populations.

B. Legal

1. Federal

The Federal Coastal Zone Management Act of 1972

Sec. 303 declares that "it is the national
policy to preserve, protect, develop, and where
possible, to restore or enhance, the resources
of the Nation's coastal zone for this and
succeeding generations and to encourage and
assist the states to exercise effectively their
responsibilities in the coastal zone through
development and implementation of management
programs to achieve wise use of the land and
2. State water resources . . . It

a. The Alaska Coastal Management Act Sec. 2 declares
that "it is the policy of the state to preserve,
protect, develop, use and where necessary, restore
or enhance the coastal resources . . . and to
utilize existing governmental structures and author-
ities, to the maximum extent feasible, to achieve
this policy . . . 1

b. The A01A also states in Sec. 46.35.210 that "uses
of state concern" means "those lands and water
uses which would significantly affect the long-term
public interest (and) include: uses of more than
local concern, including those land and water uses
which confer significant environmental . . . benefits
and burdens beyond a single coastal resource district."

c. The Standards and Guidelines Sec. 130 also identifies
eight coastal habitat types in which the habitats
are to be managed "so as to maintain or enhance the
biological, physical and chemical characteristics of
the habitat which contribute to its capacity to
support living resources."

d. Other State Legal Justification

1. Title 16 of the State Statutes authorizes the
Commissioner of the Department of Fish and Game
to "manage, protect, maintain, improve, and
extend the fish and game and aquatic plant
resources of the state . . . 11. Sec 16.05.092
outlines the Division of Fisheries rehabilita-
tion, enhancement and development powers to
"develop and continually maintain a comprehen-
sive, coordinated state plan for the orderly
present and long-range rehabilitation, enhance-
ment and development of all aspects of the
state's fisheries for the perpetual use, bene-
fit and enjoyment of all citizens . . . 11 1
Sec. 16.05.050 authorizes the Commissioner to design,
and construct hatcheries, pipelines, rearing ponds,
fishways and other projects beneficial for the fish
and game resources of the state.

Sec. 16.05.050 also authorizes the Commissioner to
collect, classify, and disseminate statistics,
data and information at his discretion.

III. Implementation Authorities

A. The Department of Fish and Game exercises the following statutory
authorities:

1. Article 8 of Title 16 provides for the establishment of
privately owned salmon hatcheries for the purpose of
contributing to the rehabilitation of the state's salmon
fishery.

2. Sec. 16.05.092 outlines the duties of the division of
fisheries rehabilitation, enhancement and development in
developing and managing rehabilitation enhancement
Programs.

3. Article 4 of Title 16 empowers the Commissioner of the
Department of Fish and Game and the Commissioner of the
Department of Natural Resources to preserve the natural
habitat of species or subspecies of fish and wildlife
that are recognized as threatened with extinction.

4. The Fish and Wildlife Coordination Act provides for
cooperative management of habitat enhancement projects of
federal lands including wildlife refuges.

B. The Department of Environmental Conservation has the authority
to permit or deny all activities resulting in the disposal of
wastewater into or upon the waters of the state or surface of
the land. Discharge of wastewater or other wastes must not
violate state water quality standards (18 AAC 72.010).

C. Title 46 of the Alaska Statutes authorizes the Department of
Natural Resources to determine and adjudicate rights in the
appropriation and distribution of "all water of the state,
surface and subsurfaces, occurring in a natural state, except
mineral land medicinal water." Several sections are quoted
here because of their particular relevance.

Sec. 46.15.010. DETERMINATION OF WATER RIGHTS. The
Department of Natural Resources shall determine and
adjudicate rights in the waters of the state, and in its
appropriation and distribution.

Sec. 46.15.030. WATERS RESERVED TO THE PEOPLE. Wherever
occurring in a natural state, the waters are reserved to
the people for common use and are subject to appropriation
and beneficial use as provided in this chapter.

Sec. 46.15.080. CRITERIA FOR ISSUANCE OF PERMIT. (a)
The commissioner shall issue a permit if he finds that

1. the proposed use of water is beneficial; and
2. the proposed appropriation is in the public
interest.

In determining the public interest, the commissioner
shall consider . . .

3. the effect on fish and game resources and on
public recreation opportunities; . . .

Sec. 46.15.260. DEFINITIONS. In this chapter, unless
the context otherwise requires, . . . "beneficial use"
means a use of water for the benefit of the appropriator,
other persons or the public, that is reasonable and con-
sistent with the public interest, including, but not
limited to, fish and wildlife, and recreational
uses; . . .

D. Federal Implementation Authorities
(See appendix for further explanation)

1. Conservation and Rehabilitation on Military aiad Public
Lands Act of 1960

2. Department of Transportation Act

3. Endangered Species Act of 1966

4. Federal-Aid Highway Act of 1966

S. Federal Aid in Wildlife Restoration Act of 19:37
(Pitman-Robertson)

6. Federal Insecticide, Fungicide and Rodenticide Act of 1947

7. Fish and Wildlife Act of 1956 (created the USFWS)

8. Fish and Wildlife Coordination Act of 19S8, as amended.
9. Fish Restoration and Management Act of 1950 (Dingell-Thompson)

10. Land and Water Conservation Fund Act of 196S

11. Marine Research Protection and Sanctuaries Act (Title III)

12. National Environmental Policy Act

13. National Estuary Protection Act of 1968

14. Migratory Bird Conservation Act of 1929

15. Migratory Bird Treaty Act of 1918

16. Rivers and Harbors Act of 1899

IV. Management Products

A. The Department of Fish and Game will map existing and proposed
hatcheries, aquaculture sites and enhancement projects.
Identification will include a description of the purpose of
each existing or proposed hatchery site.

B. The Department of Fish and Game through Regional Programs will
map areas used by the Department for the vurpose of monitoring
fish and wildlife populations and areas where research on
fish and wildlife are.conducted on a long-term basis.

USES IN AREAS USED FOR STATE GAME REFUGES, SANCTUARIES
AND CRITICAL HABITATS

I. Description

Critical habitat areas, sanctuaries, and refuges are legis-
latively designated areas where a more stringent regulation of
uses is necessary to protect, conserve, maintain, and develop
fish, wildlife and aquatic plant resources. Generally, these
habitats: 1) support life stages or functions of important
harvestable or protected species, 2) are unique habitats
(rare, largest, support endangered species, farthest extent of
the range, etc) or; 3) are highly productive commercial fish-
eries areas. All activities occuring in these areas are of
state concern.

II. Justification

A. Rationale

The purpose of establishing critical habitat areas,
refuges, and sanctuaries is to protect and preserve
habitat areas crucial to the perpetuation of fish and
wildlife, and to restrict all other uses not compatible
with the primary purpose. The benefits of implementing
an effective management plan for specially designated
areas will be reflected in the health of the fish and
kv wildlife populations and retention of the high quality of
life and outdoor experience Alaskans now enjoy. Com-
mercial and sport fishing, subsistence use of fish and
game, tourism and recreation interests will all benefit
economically from healthy fish and wildlife populations.
It is therefore necessary that these areas receive the
type of wise management which will allow those uses whose
impacts are compatible with the existing value of the
B. Legal area.

1. Federal

The Federal Coastal Zone Management Act of 1972 Sec. 303
declares that "it is the national policy to preserve,
protect, develop, and where possible, to restore or
enhance, the resources of the nation's coastal zone for
this and succeeding generations and to encourage and
assist the states to exercise effectively their respon-
sibilities in the coastal zone through development and
implementation of management programs to achieve wise use
of the land and water resources

2. State

a. The Alaska Coastal Management Act Sec. 2 declares
that "it is-the policy of the state to preserve,
protect, develop, and use and where necessary,
restore or enhance the coastal resources . . . and
to utilize existing governmental structures and
authorities, to the maximum extent feasible, to
achieve this policy . . . and to authorize and
require state agencies to carry out their planning
duties, powers and responsibilities."

b. The ACMA Section 46.35.210 also states that uses of
state concern include uses in areas established as
state game refuges, game sanctuaries or critical
habitat areas under AS 16.20.

C. The intent of Title 16, Chapter 20, is to establish
state game refuges, game sanctuaries and critical
habitats for the purpose of protecting and preser-
ving the natural habitat especially crucial to the
perpetuation of fish and wildlife to protect game
populations and to restrict all other uses not
compatible with that primary purpose.

III. Implementation Authorities

A. Alaska Department of Fish and Game's authority as mandated by
Title 16 is to manage, protect, maintain, improve and extend
fish, wildlife and aquatic plant resources.

B. Chapter 20 of Title 16 outlines the rules and regulations for
conservation and protection of Alaskan wildlife through the
state game refuge program, the game sanctuary program and the
critical habitat program. The Department of Fish and Game
manages these established refuges, sanctuaries and critical
habitat areas in accordance with management plans developed by
the Department and approved by the Board of Game.

C. The Department of Natural Resources maintains authority for
the permitting and leasing of subsurface minerals.

D. Federal Implementation Authority
(See appendix for further explanation)

1. Coastal Zone Management Act of 1972

2. Conservation and Rehabilitation on Military and Public
Lands Act of 1960

3. Department of Transportation Act

4. Endangered Species Act of 1966

5. Federal-Aid Highway Act of 1966

6. Federal Aid in Wildlife Restoration Act of 1950
(Dingell-Thompson)

7. Federal Insecticide, Fungicide and Rodenticide Act of 1947

8. Fish and Wildlife Act of 1956 (created the USFWS)

9. Fish and Wildlife Coordination Act of 1958, as amended

10. Fish Restoration and Management Act of 1950 (Dingell-Thompson)

11. Land and Water Conservation Fund Act of 1965

12. Marine Research Protection and Sanctuaries Act (Title III)

13. National.Environmental Policy Act

14. National Estuary Protection Act of 1968

15. Migratory Bird Treaty Act of 1918

16. Migratory Bird Conservation Act of 1929

17. Rivers and Harbors Act of 1899
IP 18. Wilderness Act of 1964

IV. Management Products

A. The Department of Fish and Game will provide a map of legislated
State game refuges, game sanctuaries and critical habitat
areas. Identification will include a description of the sen-
sitivity of each area.

B. The Depar=ent of Fish and Game will provide management plans
for established game refuges, game sanctuaries and critical
habitats.

USES IN AREAS ESTABLISHED AS STATE PARKS
WAYSIDES, OR RECREATIONAL AREAS

I. Description

All land and water uses in areas established as state parks
waysides or recreational areas.

Justification

A. Rationale

Identification of uses in areas established as state
parks, waysides, or recreational areas will help preserve
these areas for the use, enjoyment and welfare of the
citizens of Alaska, visitors to the state and :Future
generations.

B.' Legal

1. Federal

a. The federal Coastal Zone Management Act states,
"Prior to granting approval, the Secretary shall
also find that the program provides . . . for a
method of assuring that local land and water use
regulations within the coastal zone do not reason-
ably restrict or exclude land and water uses of
regional benefit." (Sec. 306(e)(2)).

b. The federal Coastal Zone Management Program Approval
Regulations support the Act, stating: "(a) Requirement .
In order to meet the requirements of subsection 306
(e) (2) of the Act, State's must: (1) Identify what
constitute uses of regional benefit; and (2) Identify
methods that will assure that local land and water
use regulations do not unreasonably restrict or
exclude land and water uses of regional benefit
(d) the basic criteria for identifying uses of
regional benefit should be two-fold: (1) Effect on
more than one local unit of government (effect may
be considered to be of a multi-county or intrastate
nature), and (2) direct and significant impact on
coastal waters. Using these criteria States could
identify those uses they perceive will affect or
produce some regional benefit in terms of providing
services or other benefits to citizens of more than
one unit of local general-purpose government . * * I
Such activities as . . . multi-county parks and
beaches might be identified under this approach."
(ss923.13).

2. State

a. The Alaska Coastal Management Act defines "uses of
state concern" as "those land and water uses which
would significantly affect the long-term public
interest; these uses, subject to council definition
of their extent, include: . . . uses in areas es-
tablished as state parks or recreati-Tial areas under
AS 41.20 . . . (Sec 46.35.210. (0@') (E)).

b. Title 41 of the Alaska Statutes indicates the legis-
lative purpose for developing and managing a system
of parks and recreation areas stating, "It is the
purpose of sslO--40 of this chapter to foster the
growth and development of a system of parks and
recreation facilities and opportunities in the
state, for the general health, welfare, education,
and enjoyment of its citizens and for the attraction
of visitors to the state .11 (AS 41.20.010.).

III. Implementation Authorities

The general state authorities regarding parks and recreation areas
are contained in Title 41, Chapters 20 and 21 of the Alaska Statutes.
Several sections are quoted here because of their particular relevance.

A. AS.41.20.020. DUTIES OF DEPARTMENT OF NATURAL RESOURCES. The
Department of Natural Resources shall: (1) develop a continuing
plan for the conservation and maximum use in the public interest
of the scenic, historic, archaeologic, scientific, biological,
and recreational resources of the state; (2) plan for and
develop a system of state parks and recreational facilities,
to be established as the legislature authorizes and directs;
(3) acquire by gift, Purchase, or transfer from state or
fedral agencies, or from individuals, corporations, partnerships
or associations, land necessary, suitable and proper for
roadside, picnic, recreational or park purposes; (4) control,
develop and maintain state parks and recreational areas; (6)
establish, in accordance with the Administrative Procedure Act
(AS 44.62) rules and regulations governing the use and desig-
nating incompatible uses within the boundaries of state park
and recreational areas to protect the property and to preserve
the peace; . . .

B. Sec. 41.20.02S. ZONING IN STATE PARKS. (a) The Department of
Natural Resources may adopt, in accordance with the Administra-
tive Procedure Act (AS 44.62) zoning regulations governing
private property within the boundaries of state parks estab-
lished under this chapter. (b) Land patented to or under
interim conveyance to a regional or village native corporation
under the Alaska Native Claims Settlement Act (P.L. 92-203)
which falls within a state park boundary is subject to the
zoning regulations provided for under (a) of this section only
if the affected regional or village native corporation consents
to or fails to reject the zoning regulations within 60 days
from the date they are submitted to the effected corporation.
C. Sec. 41.20.050. SELECTION OF SITES. The Department of Transpor-
tation and Public Facilities and the Department of Natural
Resources, jointly, shall select sites of ten acres or less
for their historic or scenic value, or for recreation beaches
along waterways, roadside rests for travelers resting, camping,
or parking, and determine what facilities are necessary or
desirable at these sites. Selection of the sites for roadside

rests and recreation beaches shall be based upon the flow of
traffic and distances to and between facilities otherwise
provided. Insofar as possible, sites shall be located on,
or adjacent to, highways rights-of-ways and small boat water-
ways. The Department of Natural Resources may acquire the
sites jointly selected by grant, gift, purchase, lease, dedi-
cation or prescription and hold them in the name of the state.

D. Sec. 41.20.080. SELECTION. The Department of Natural Resources,
in consultation with the Departments of Fish and Game and
Transportation and Public Facilities, shall designate a
system of wilderness trails and campsites throughout the
state. Significant in the selection shall be the scenic,
historic, natural, or cultural qualities of the areas through
which the trails may pass. The Department of Natural Resources
may acquire the trail sites jointly selected by grant, gift,
purchase, lease, dedication or prescription and hold them in
the name of the state.

E. Sec. 41.20.355. GRANTS FOR THE ESTABLISHMENT OF TRAILS AND
FOOTPATHS. (a) Within the limits of available appropriations,
a city or borough of any class is entitled to state grants for
the purpose of acquiring land or rights-of-way over land and
establishing and maintaining trails and footpaths on that land
or those rights-of-way. (b) Within the limits of available
appropriations the Department of Transportation and Public
Facilities is entitled to state grants for the establishment
and maintenance of footpaths and trails along certain desig-
nated existing highways or when a highway, road or street is
being.constructed, reconstructed or relocated . . .

F. Sec. 41.22.010. OUTDOOR RECREATIONAL, OPEN SPACE, AND HISTORIC
PROPERTIES DEVELOPMENT FUND. There is in the Department of
Natural Resources an outdoor recreational, open space, and
historic properties development fund to be administered by the
Division of Parks. Appropriations or other money deposited in
the fund shall be utilized by the department to pay the non-
federal share of costs of projects which are initiated by the
state to acquire, develop, or extend outdoor recreation sites
and facilities and to acquire, preserve, or protect historic
sites, buildings and monuments.

G. With the exception of state owned lands, the state lacks
authority to protect areas proposed as state parks or rec-
reation areas prior to formal designation by the state legis-
lature.

IV. Management Products

The regional program will recommend zoning schemes and manage-
ment policies to be applied to uses in existing state parks,
waysides, and recreation areas.

SITING OF INDUSTRIAL OR COMMERCIAL
DEVELOPMENT ACTIVITIES

Description

The siting of industrial or commercial development activities
which are dependent on a coastal location and which, because
of their magnitude, the magnitude of their effect or their
cumulative effect on the economy of the state or the surrounding
area, are reasonably likely to present issues of more than
local significance. Activities to be considered in this
regard are:

(1) coal exploration, extraction and coal conversion
processing;

(2) exploration for, extraction and processing of, and
manufacturing and marketing of products from non-
fuel minerals such as aluminum, asbestos, chromium,
cobalt, copper, gold, iron, lead, manganese, molybdenum,
nickel, phosphate, potassium, silver, sodium, sulphur
or zinc;

(3) exploration for, extraction and processing of, and
manufacturing and marketing of products from materials
such as clay, sand, gravel, rock, or pumice;

(4) enhancement projects for, harvest and processing of,
and manufacturing and marketing of products from
fish, fish by-products, seafood, marine mammals or
other living marine resources;

(5) state forests, forest reserves and forest management
projects, harvest and processing of and manufacturing
and marketing of products from timber;

(6) agricultural development projects, farming, grazing,
food or food by-products processing, and manufacturing
and marketing of products from agricultural resources.

Uses of State Concern with respect to these activities include:

A. Commercial resource development activities listed above which
result in exportation or interregional transportation and sale
of products.

B. Major commercial resource development activities listed above
which based on recent environmental studies, resource inventories
and current economic indicators are determined by appropriate
state agencies to confer or to be likely to confer significant
environmental or economic benefits or burdens beyond a single
coastal resource district by virtue of their physical size,
quantity of production, capital coast to develop, employment
generated, water use and/or residuals generated.

C. The siting of large-scale industrial activities listed above
which based on recent environmental studies, resource inven-
tories and current economic indicators are determined by appro-
priate state agencies to confer or to be likely to confer
significant environmental or economic benefits or burdens
beyond a single coastal resource district by virtue of their
physical size, quantity of production, capital cost to develop,
employment generated, water use and/or residuals generated.

D. Major state land sales, grants, exchanges, conveyances or other
disposal projects designed to provide land for and enhance
development of activities listed above.

II. Justification

A Rationale

Commercial and industrial activities may make significant
contributions to the state's economy in terms of manu-
facturing and processing, an improved business climate,
and diversification and increase of employment oppor-
tunities. The human use of coastal resources through
commerce and industry to some degree provides for the
economic well-being essential to continued viable human
habitation. At the same time these activities may place
heavy demands on coastal resources, especially on the use
of water and limited land areas. Wastes generated can
tax the assimilative capacity of natural systems and natural
productivity can be impaired. Sometimes such impacts
extend beyond local areas. The need for economic develop-
ment in coastal areas and the necessity for protection of
natural systems make it incumbent upon the state to ensure
that the needs of coastal-dependent uses are met and that
any negative environmental impacts are mitigated to the
greatest extent possible.

B. Legal

1. Federal

a. As stated in the Congressional findings of the federal
Coastal Zone Management Act, "there is a national
interest in the effective management, beneficial use,
protection, and development of the coastal zone;" and
"the increasing and competing demands upon the lands
and waters of our coastal zone occasioned by popula-
tion growth and economic development, including re-
quirements for industry, commer-3, residential devel-
opment, recreation, extraction of mineral resources
and fossil fuels, transportation and navigation, waste
disposal, and harvesting of fish, shellfish, and other
living marine resources, have resulted in the loss
of living marine resources, wildlif , nutrient-rich
areas, permanent and adverse changes to ecological

systems, decreasing open space for public use, and
shoreline erosion; . . . 11 (Sec. 302(a)(c)).

b. The federal Coastal,Zone Management Act further
states, "Prior to granting approval, the Secretary
shall also find that the program provides . . . for
a method of assuring that local land and water use
regulations within the coastal zone do not unreason-
ably restrict or exclude land and water uses of regional
benefit" (Sec. 306(e)(2)).

C. The federal Coastal Zone Management Program Approval
Regulations expand on this stating, "Another alterna-
tive (with respect to identifying uses of regional
benefit) would be for the State to identify those uses
which it perceives will affect or produce some regional
benefit in terms of providing services or benefits to
citizens of more than one unit of local, general-
purpose government . . . 11 (ss923.13(c)).
2. State The Alaska Coastal Management Act defines uses of
state concern as, 11 . . . those land and water uses
which would significantly affect the long-term public
interest; these uses, subject to council definition
of their extent, include: . . . uses of more than
local concern, including those land and water uses
which confer significant environmental, social,
cultural, or economic benefits or burdens beyond a
single coastal resource district; . . . the siting
of major energy facilities or large-scale industrial
or commercial development activities which are
dependent on a coastal location and which, because
of their magnitude or the magnitude of their effect
on the economy of the state or the surrounding area,
are reasonably likely to present issues of more than
local significance; . . . (Sec. 46.35.210.(6)(B),(Q).

3. Other Legal Justification

The Constitution of the State of Alaska grants
general authority to the legislature to provide for
the utilization, development and conservation of all
natural resources belonging to the state, including
land and water, for the maximum benefit of the people
(Art. VIII, ss2). In addition, Article VIII, sections
8 through 13 deal specifically with authority to provide
for leases, permits, sales, grants and other authorities
affecting land, water and resources

III. Implemention Authorities

Various state agencies are mandated to manage state lands,
waters, and resources and thus have authorities affecting
large-scale industrial and commercial'development activities.
Listed below are specific references to statutory and regu-
latory authorities followed by quotes from particularly
relevant sections.

Activity Statutory Authority Regula ory_Authority

Coal Development AS 38.05.12S - .150 11 AAC 84.100 - .170
AS 38.OS.182 - .183
AS: 38.05.18S - .28S
AS 41.OS.040 - .100
Non-fuel Mineral AS 38.OS.12S - .145 11 AAC 82.100 - .805
Development AS 38.OS.lSS 11 AAC 84.100 - .170
AS 38.05.165 - .17S 11 AAC 86.100 - .600
AS 38.OS.182 - .183 11 AAC 96.010 - .150
AS 38.OS.18S - .28S
AS 41.OS.010 - .100
Materials Development AS 38.OS.110 - .120 11 AAC 76.400 - .550
fl-sheries Development AS 16.10.300 - .370 11 AAC 64.010-------.570
AS 16.10.500 - .620
AS 16.43.010 - .3io
AS 16.4S.010 - .040
AS 38.OS.082
Timber Development AS 38.OS.110 - .120 11 AAC 76.005 - .385
AS 41.1S.010 - .700 11 AAC 92.010 - .120
Agriculture Development AS 034S.010 - .090 11 AAC 57.010 - .150
AS 03.10.010 - .060 11 AAC 60.010 - .180
AS 03.lS'.010 - .020
AS 03.17.010 - .100
AS 03.19.010 - .070
AS 03.20.010 - .070
AS 03.22.010 - .080
AS 03.2S.010 - .020
AS 03.30.010 - .060
AS 03.3S.010 - .070
AS 03.40.010 - .270
AS 03.45.010 - .080
AS 03.57.010 - .040
AS 03.60.010
AS 38.OS.362
AS 38.07.010 - .060
General Upland, AS 29.18.220 - .260 11 AAC 58.010 - .910
Tideland and AS 38.OS.005 - .040 11 AAC 62.010 - .820
Submerged Land AS 38.OS.070 - .10S
Development AS 38.OS.300 - .370
AS 46.1S.010 - .270

Land Sales, Grants, AS 38.05.045 - .069 11 AAC 54.010 - .510
Exchanges, AS 38.05.290 11 AAC 56.010 - .610
Conveyances and AS 38.08.010 - .120 11 AAC 57.010 - .150
Other Disposals AS 38.10.010 - .050
AS 38.50.010 - .170
AS 38.05.300 - .370

A. AS 03.05.010. POWERS AND DUTIES OF COMMISSIONER. (a) The com-
missioner (of the Department of Natural Resources) shall directf
administer, and supervise experiemental work not in conflict with
existing federal or state activities for the purpose of promo-
ting and developing the agricultural industry within the state
including such fields as horticulture, dairying, cattle raising,
fur farming, etc.

(b) The commissioner shall procure and preserve all information
pertaining to the development of the agricultural industry and
disseminate that information to the public.
(c) The commissioner may regulate and control the entry into the
state and the transportation, sale or use inside the state of
plants, seeds, vegetables, fruits and berries, nursery stock,
animal feeds, remedies and mineral supplements, fertilizers, and
agricultural chemicals in order to prevent the spread of pests,
diseases, or toxic substances injurious to the public interest,
and to protect the agricultural industry against fraud, deception
and misrepresentation. In this connection he may require regis-
tration, inspection, and testing, and establish procedures and
fees.

(d) The commissioner shall provide prospective settlers and other
desiring to engage in the agricultural industry in the state with
information concerning areas suitable for agriculture and other-.
information concerning areas suitable for agriculture and other
information essential to the development of the agricultural
industry in the state.

(e) The commissioner shall make a study of the marketing of
agricultural products inside the state including transportation
with special emphasis upon local production and shall negotiate
for the marketing of agricultural products of the state with
federal and state agencies operating in the state.
(f) The commissioner may issue rules, orders, regulations and
quarantines necessary to carry out the purpose of this title
in regard to:

1. the examination and inspection of premises containing
products, articles or commodities carrying pests;
2. establishment of quarantines for eradication of pests;
3. standards and labels pertaining to the sale of agricul-
tural and vegetable seeds;

4. analyzing and testing and the giving of notice for
hearings to determine whether stop orders or quaran-
tine shall issue;

5. the cooperation with federal and state agencies to
carry out the purposes of this title.

B. AS 03.10.010. DECLARATION OF POLICY. It is the policy of this
chapter to promote the more rapid development of alp.-iculture as
an industry throughout the state by means of long-term low-
interest loans.

AS 03.10.020. POWERS OF THE DEPARTMENT. The depa:rtment (of
Natural Resources) may

1. make loans to individual resident farmers, homesteaders.
and partnerships or corporations composed of farmers
and homesteaders, for development of farm!;, storage
and processing of farm produce, livestock and machinery
and to individuals, partnerships or corporations, for
storage and processing plants for agricultural products;

2. designate agents and delegate its powers to them as
necessary;

3. adopt rules and regulations necessary to carry out its
. functions;

4.. establish amortization plans for repayment of loans,
which may include delayed payments of principal and
interest for not to exceed five years;

S. enter into agreements with private lending institutions,
other state agencies or agencies of the federal govern-
ment, to carry out the purposes of this chapter.

C. AS 03.17.040. MILK MARKETING ORDERS. (a) The director (of the
Division of Agriculture) may, with the advice of the milk
advisory board, issue, change, or repeal marketing orders to
regulate the marketing of milk in specified regions of the state.
His actions are subject to the provisions of the Administrative
Procedure Act (AS 44.62) and ss60 of this chapter. A milk
marketing order may be issued to:

1) establish orderly marketing of milk;

2) provide for uniform grading and classification of milk;

3) provide for the proper preparation of milk for market;

4) insure an adequate supply of milk;

5) eliminate unfair competitive practices;

6) assist producers to adjust to changing conditions;

7) maintain incentive for the product4,ii of high quality
milk under the most sanitary conditions;

8) conduct research and provide information for the
benefit of the producer and the consumer.

(b) A milk marketing order shall be limited to a specific
area or areas in the state.

D. AS 03.19.010. ESTABLISHMENT OF PROGRAM. The division of
agriculture shall establish and administer a small grain
incentive program according to the provisions of this chapter.

E. AS 16.10.300. DECLARATION OF POLICY. It is the policy of the
state under ss3OO - 370 of this chapter, to promote the
rehabilitation of the state's fisheries, the development
of a predominantly resident fishery, and the continued main-
tenance of commercial -fishing gear and vessels throughout
the state by means of long-term low-interest loans.

AS 16.10.310. POWERS OF THE DEPARTMENT. (a) The department
(of Commerce) may:

1) make loans to:

(a) individual commercial fishermen who have been
state residents for a continuous period of
five years and have had a commercial fishing
license for three years for the repair, restor-
ation or upgrading of existing vessles and gear
and for the purchase of entry permits and gear
and the construction and purchase of vessels; and

(b) repealed by ss2 ch 190 SLA 1976.

2) designate agents and delegate its powers to them as
necessary;

3) adopt rules and regulations necessary to carry out
its functions;

4) establish amortization plans for repayment of loans,
which may include extensions for poor fishing seasons;

5) enter into agreements with private lending institutions,
other state agencies or agencies of the federal government,
to carry out the purposes of ss3OO - 370 of this chapter.

6) The department shall consult with the Department of
Fish and Game on regulations and procedures established
under this chapter.

F. AS 16.10.500. DECLARATION OF POLICY. It is the policy of the
state, under ss500 - 550 of this chapter, to promote the enhance-
ment of the state's fisheries by means of grants for organiza-
tional and planning purposes to regional associations which have
qualified under ss380 of this chapter, and by means of long-term
low-interest loans for hatchery planning, construction, and
operation.

AS 16.10.505 FISHERIES ENHANCEMENT REVOLVING LOAN FUND. There
is created within the Department of Commerce and Economic Devel-
opment a revolving fund to be known as the fisheries enhancement
revolving loan fund. The fund shall be used to carry out the
purposes of ss500 - 550 of this chapter and for no -other purpose.

G. AS 16.43-010. PURPOSE AND FINDINGS OF FACT. (a) It is the purpose
of this chapter to promote the conservation and the sustained
yield management of Alaska's fishery resource and the economic
health and stability of commercial fishing in Alaska by regula-
ting and controlling entry into the commercial fisheries in the
public interest and without unjust discrimination.

The legislature finds that commercial fishing for fishery resources
has reached levels of participation, on both a statewide and area
basis, that have impaired or threaten to impair the economic wel-
fare of the fisheries of the state, the overall efficiency of the
harvest, and the sustained yield management of the fishery
resource.

AS 16.43.100 GENERAL POWERS. (a) To accomplish the purposes
set out in sslO of this chapter, the (Alaska Commercial Fisheries
Entry) commission shall:

1) regulate entry into the commercial fisheries for all
fishery resources in the state;

2) establish priorities for the application of the
provisions of this chapter to the various commercial
fisheries of the state;

3) establish administrative areas suitable for regulating
and controlling entry into the commercial fisheries;

4) establish, for all types of gear, the maximum number
of entry permits for each administrative area;

5) designate, when necessary to accomplish the purposes of
this chapter, particular species for which separate
interim-use permits or entry permits will be issued;

6) establish qualifications for the issuance of entry
permits;

7) issue entry permits to qualified applicants;

8) issue interim-use permits as provided in ss210 - 220 of
this chapter.

9) establish, for all types of gear, the optimum number
of entry permits for each administrative area;

10) administer the buy-back program prov-*!@.,d for in ss310
320 of this chapter to reduce the :iumber of outstanding
entry permits to the optimun number of entry permits;

11) provide for the transfer and reissuance of entry
permits to qualified transferees;

12) provide for the transfer and reissuance of entry
permits for alternative types of legal gear, in a
manner consistent with the purposes of this chapter;
13) administer the collection of the annual fees provided
for in ssl60 of this chapter;

14) The commission may do all things necessary to the
exercise of its powers under this chapter, whether
or not specifically designated in this chapter.
H. AS 29.18.220. LEGISLATIVE FINDINGS. The legislature finds that
the development of natural resources in isolated and relatively
unpopulated areas requires a policy and procedure which will
provide planning, financial and other assistance necessary for
encouraging orderly development of well-planned, diversified and
economically sound new cities necessary to support the sound
development of the state's resources by both the private and
public sector. It is the purpose of ss220 - 460 of this chapter
to set out the mutual responsibilities of the private and public
sectors to achieve these objectives with a view to securing
information valuable to future legislatures so that general
legislation applicable to the establishment of development
cities may be perfected.
I. AS 38.05.035. POWERS AND DUTIES OF THE DIRECTOR. (a) The director
(of the Division of Lands) shall:

1) have general charge and supervision of the division and
may exercise the powers specifically delegated to him;
2) manage, inspect, and.control state lands and improvements
on them belonging to the state and under the jurisdiction
of the division;
3) execute laws, rules, regulations and orders adopted
by the commissioner (of the Department of Natural
Resources).

4) prescribe application procedures and practices for the
sale, lease or other disposition of available lands,
resources,, property, or interest in them;
5) prescribe fees or service charges, with the consent
of the commissioner, for any public service rendered;
6) under the conditions and limitations imposed by law
and the commissioner, issue deeds, leases, or other
conveyances disposing of available lands, resources,
property or any interests in them;
7) have jurisdiction over state lands, except those
lands acquired by the Alaska World War II Veterans
Board and the Agricultural Loan Board or the depart-
ments or agencies succeeding to their respective

functions through foreclosure or default; to this
end the director possesses the powers and:, with
the approval of the commissioner, shall perform the
duties necessary to protect the state's -.rights and
interest in state lands, including the taking of all
necessary action to protect and enforce -the state's
contractual or other property rights; . . . I
14) when he makes a written finding that the 4 'nterests
of the state will be best served, he may, with the
consent of the commissioner, approve contracts for the
sale, lease, or other disposal of available lands,
resources, property or interests in them, and in
addition to the conditions and limitations imposed by
law, he may impose additional conditions or limitations
in the contracts as he, with the consent of the commis-
sioner, determines will best serve the interests of
the state; . . .

J. AS 38.OS.037. ZONING REGULATIONS IN THE UNORGANIZED BOROUGH TO
FACILITATE FEDERAL LAND SALES. (a) In areas of the state outside
first, second or third class boroughs where there is no munici-
pality with a zoning power, the division of lands shall exercise
the zoning power by adopting zoning regulations.

(b) The division of lands may exercise its zoning power:

(l)- within federal lands in the unorganized borough
only at the times and in the areas it is requested
to-do so by the Secretary of the Interior to
facilitate sales of federal lands within the
unorganized borough under P. L. 88-608, 78 Stat.
988;

(2) within any portion of a third class borough
covered by the Alaska coastal management program
adopted in accordance with the provisions of
AS 46.35 if the municipality has not done so.

(c) Any zoning done by the division of lands under (b) of
this section is final unless disapproved by concurrent
resolution at the next regular session of the legisla-
ture.

K. AS 38.05.04S. GENE RALLY. All lands owned in fee by the state
or to which the state may become entitled, excepting tide, sub-
merger (sic) or shorelands, and timber or grazing lands, may be
sold as provided in ss4S - 69 of this chapter. However, this
section does not prevent the disposition of lands as provided
in ss3OO - 348 of this chapter.

AS 38.05.050. FIXING SALE. The director (of the Division of
Lands), with the approval of the commissioner (--f the Department
of Natural Resources), shall determine the 1-.ids to be sold,
the limitations and conditions which attach to the lands sold,
and the terms of the sale. The director shall fix the time of
sale and the manner of giving notice of the sale. The sale

shall take place at the time and location specified in the
notice of sale and within the recording district where the
property is located.

AS 38.05.070. GENERALLY. (a) Land, including tide, submerged
or shoreland, to which the state holds title or to which it
may become entitled, may be leased, except for the extraction
of natural resources, in the manner provided in ss70 - 105 of
this chapter.

(b) The director (of the Division of Lands), with the
approval of the commissioner (of the Department of
Natural Resources), shall determine the land to
be leased and the limitations, conditions and terms
of the lease.

M. AS 38.OS.082. LEASES FOR SHORE FISHERIES DEVELOPMENT. (a) The
director (of the Division of Lands), with the approval of the
commissioner (of the Department of Natural Resources), may
lease tide and submerged lands for fisheries development.
Fisheries development includes the utilization of shore gill
nets or set nets for the taking of fish. Every lease
issued under this section shall reserve to the public a right-
of-way for access to navigable waters and other tide and
submerged lands . . .

N. AS 38.OS.110. SALE OF TIMBER AND MATERIALS. The director (of
the Division of Lands) shall provide (sic) for cruises of timber
and appraisals of other materials in or upon lands and trans-
mit this data to the commissioner, (of the Department of Natural
Resources), together with his recommendations with respect to
(1) the timber and other materials which should be offered for
sale, and (2) the terms of sale of the timber or other materials.
AS 38.OS.115. LIMITATIONS AND CONDITIONS OF SALE. (a) The
commissioner, upon recommendations of the director, shall determine
the timber and other materials to be sold, and the limitations,
conditions and terms of the sale. The limitations, conditions
and terms shall include the utilization, development and main-
tenance of the sustained yield principle, subject to preference
among other beneficial uses. The director may negotiate sales
of timber or materials without advertisement and on the limita-
tions, conditions, and terms which he considers are in the best
interests of the state, subject to the approval of the commis-
sioner . . .

0. AS 38.05.125. RESERVATION. Each contract for the sale, lease or
grant of state land, and each deed to state land, properties or
interest in state land, made under sslS - 325 of this chapter,
ss45 - 120 of this chapter, or chapter 50 of this title except
provided in AS 38.50.050 is subject to the following reservations-:
"The party of the first part, Alaska, hereby expressly saves,
excepts and reserves out of the grant hereby made, unto itself,
its lessees, successors, and assigns forever, all oils, gases,
coal, ores, minerals, fishsionable materials, and fossils, and it

also hereby expressly saves and reserves out of the grant
hereby made, unto itself, its lessees, successors, and assigns
forever, the right to enter by itself, its or their agents,
attorneys, and servants upon said lands, or any part of parts
thereof, at any and all times for the purpose of opening,
developing, drilling, and working mines or wells on these or
other lands and taking out and removing therefrom all such
oils, gases, coal, ores, minerals, fissionable materials and
fossils, and to that end it further expressly reserves out of the
grant hereby made, unto itself, its lessees, successors, and
assigns forever, the right by its or their agents, servants and
attorney at any and all times to erect, construct, -maintain,
and use all such buildings, machinery, roads, pipelines, power-
lines, railroads, sink such shafts, drill such wells, remove such
soil, and to remain on said lands or any part thereof for the
foregoing purposes and to occupy as much of said lands as may
be necessary or convenient for such purposes hereby expressly
reserving to itself, its lesses, successors, and as-signs, as
aforesaid, generally all rights and power in, to, and over said
land, whether herein expressed or not, reasonably necessary or
convenient to render beneficial and efficient the complete
enjoyment of the property and rights hereby expressly reserved."

AS 38.05.135. GENERALLY. (a) Except as otherwise provided,
valuable minerals deposits in lands belonging to the state shall
be open to exploration, development, and the extraction of
minerals. All lands, together with tide, submerged, or shore-
lands, to which the state holds title to or to which the state
may become entitled, may be obtained by permit or lease for
the purpose of exploration, development, and the extraction
of minerals. Except as specifically limited by ss135 - 181 of
this chapter, lands may be withheld from lease application on
a first-come, first-served basis and offered only on a competitive,
bid basis when determined by the commissioner (of the Department
of Natural Resources) to be in the best interests of the state.
In unproven areas the commissioner may offer additional incen-
tives, including a reduction of royalty to a minimum of five
percent in the case of oil and gas, and other terms in and
granting permit or lease for exploration and development
whenever it appears to be in the best interests of the state
to do so.

AS 38.05.185. GENERALLY. (a) The acquisition and continuance
of rights in and to deposits on state lands of minerals which
on January 3, 1959, were subject to location under the mining
laws of the United States shall be governed by ss185 - 280 of
this chapter. Nothing in ssl8S - 280 of this chapter affects
the law pertaining to the acquisition of rights to mineral
deposits owned by any other person or govelmment. The director
(of the Division of Lands), with the approval of the commissioner
(of the Department of Natural Resourcls), shall determine those
lands from which mineral deposits may be mined only under lease,
and, subject to the limitations of ss3OO of t's c@apter, those
lands which shall be closed to mining.

AS 38.05.330. PERMITS. The director (of the Division of Lands),
without the prior approval of the commissioner (of the Department
of Natural Resources), may issue permits, rights-of-way or ease-
ments on state land for roads, trails, ditches, field gathering
lines or tTansmisssion and distribution pipelines not subject
to AS38.35, telephone and transmission lines, log storage, oil
well drilling sites and production facilities for the purpose
of recovering minerals from adjacent lands under valid lease,
and other similar uses or improvements, or for the limited personal
use of timber or materials. The commissioner, upon recommendations
of the director, shall establish a reasonable rate or fee schedule
to be charged for these uses. In the granting, suspension or
revocation of a permit or easement of lands, the director shall
give preference to that use of the land which will be of greatest
economic benefit to the state and the development of its resources.
However, first preference shall be granted to the upland owner for
the use of a tract of tideland, or tideland and contiguous submerged
land, whichis seaward of the upland property of the upland owner
and which is needed by the upland owner for any of the purposes of
which the use may be granted.

S. AS 38.07.010. SELECTION AND LEASE. (a) The commissioner (of
the Department of Natural Resources) may select areas of state
land classified as agricultural and contract for the land to be
cleared or drained or both at state expense. In this selection
and contracting, the commissioner shall be guided by the
recommendations of the U. S. Soil Conservation Service. (b) The
land thus cleared or drained shall be put up for,competitive
lease in lots of not less than 320 acres each.

T. AS 38.50.010. AUTHORIZATION. Subject to the requirements of
this chapter, the director (of the Division of Lands), with the
concurrence of the commissioner (of the Department of Natural
Resources), is authorized to dispose of state land or interest
in land by exchanging it for land, interest in land, or other
consideration. Exchanges shall'be for the purpose of consolidating
state land holdings, creating land ownership and use patterns
which will permit more effective administration of the state
public domain, facilitating the objectives of state programs,
or other public purposes.

U. AS 41.05.060. OPERATION OF THE BOARD. (a) The (Mineral Resources
Fund) board (created within the Department of Natural Resources)
shall administer the (mineral resource revolving) fund and, in
so doing, may in its discretion, buy and sell minerals, and locate
markets for their sale. The board shall conduct its business
according to its judgement as guided by ss40 - 100 of this
chapter and other applicable laws.

V. AS 46.IS.010. DETERMINATION OF WATER RIGHTS. The Department of
Natural Resources shall determine and adjudicate rights in the
waters of the state, and in its appropriation and distribution.

AS 46.15.030. WATERS RESERVED TO THE PEOPLE. Wherever occuring
in a natural state, the waters are reserved to the people for
common use and are subject to appropriation and beneficial use
as provided in this chapter.

AS 46.15.040. RIGHT TO APPROPRIATE. (a) A right to appropriate
water can be acquired only as provided in this chapter. No right
to the use of water either appropriated or unappropriated shall be
acquired by adverse use or possession . . .

W. Sec. 44.33.020. Duties of the Department. The Department of
Commerce and Economic Development shall:

(12) conduct studies, enter into contracts and agreements,
and make surveys relating to the economic development of the
state and, when appropriate, assemble, analyze, and dis-
seminate the findings obtained;

(13) provide factual information and technical assistance
for potential industrial and commercial investors;

(14) receive gifts, grants, and other aid that facilitate
the power and duties of the department from agencies and
instrumentalities of the United States Or other public
or private sources;

(15) establish and activate programs to achieve balanced
economic development in the state and advise the governor
on economic development policy matters;

(16) formulate a continuing program for the basic economic
development and for the necessary promotion, planning and
research which will advance the economic development of the
state;

(17) cooperate with private, governmental and other public
institutions and agencies in the execution of economic
development programs;

(18) review the programs and annual reports of other depart-
ments and agencies as they are related to economic development
and prepare an annual report on the economic growth of the
state;

(19) administer the economic development programs of the
state;

(20) perform all other duties and powers necessary or proper
in relation to economic development and planning for the state;

X. Sec. 44.33.030. Section of power development in Department of
Commerce and Economic Development. There is a section of power
development in the Department of Commerce and Economic Development
to conserve, develop, and use the water and other electric power
resources of the state, to make an abundant supply of electric
power and energy available to the people of the state at the
lowest possible rates compatible with sound business principles,
and to promote and extend the use of electric eower and energy
in the state for industrial, agricultural, commercial, residential
and other purposes.

Y. Sec. 44.33.040. Duties. The section of power development shall

(1) study the state's waters, fossil fuel, and other power
resources and collect and disseminate information relating
to them;

(2) compile and maintain an inventory of electric generation
transmission, and distribution facilities in the state
insofar as they are used to furnish central station electric
service; other electric generation, transmission and dis-
tribution facilities shall be included if, in the opinion
of the section, they influence or affect the development
of electric power resources of the use or need for existing
or additional electric power facilities;

(3) study existing and potential uses and markets for electric
power and energy and promote and encourage these uses and
the development of major markets;

(4) prepare, after public hearings and reasonable consultation
with government and other agencies, private companies and
associations having a primary interest in it, a plan for the
orderly development of the state's power resources; the plan
shall be amended, revised and expanded as is necessary to
reflect changing conditions and requirements;

(5) promote and foster the assimilation of accurate information
concerning the state's power resources through expanded federal
IP programs for stream gauging and other detailed studies;
(6) coordinate and represent the state's interest in securing
federal participation in the development and financing of
large-scale, low-cost power projects through the construction
of multiple-purpose dams, fossil fuel and nuclear power plants,
or otherwise, and the construction and installation of
inter-tie and other transmission facilities essential to
these projects;

(7) promote.and encourage rural electrification and the
extension of central station electric service in the state;

(8) assist communities, associations, and others to furnish
or improve central station electric service by collecting and
providing information concerning assistance available from
federal, state, or other sources for this purpose and by
establishing and maintaining a clearinghouse of information
concerning essential materials and equipment available
in the state and elsewhere;

(9) encourage and assist in the creation of power grids and
power pools to facilitate the efficient use of generation
facilities;

(10) cooperate with federal, state, and local @Lgencies
and associations or private companies interes-ted in the
generation, transmission and distribution of electric
power, or in its use, or in the economic and social
development of the state, including the Bureau of Re-
clamation, United States Army Corps of Engineers, Rural
Electrification Administration, Alaska Rural Eilectric
Cooperative Association, Alaska Chamber of Commerce, the
League of Alaska Cities, and the Alaska State Federation
of Labor;

(11) hold hearings throughout the state to determine
public need in the field of power. (ss3 ch 135 SLA 1970)

Sec. 44.33.120. Alaska Division of Tourism. (a) There is
created in the Department of Commerce and Economic Development
the Alaska Division of Tourism.

The Alaska Division of Tourism shall:

(1) cooperate with organizations in the private sector for
the promotion and-development of tourism and conventions
into and within Alaska;

(2) coordinate with municipal, state and federal agencies
for the development and promotion of tourism resources and
conventions in Alaska;

(3) assist potential investors in creating new tourist facilities;

(4) administer any program of the state in which the state
provides matching funds for potential subdivisions or non-
profit organizations that undertake the promotion and
development of tourism;

(S) administer visitor information centers which participate
in state funds.

AA. Sec. 44.33.150. Division contract. The division (of Tourism)
may, with the approval of the governor, contract with private
nonprofit organizations formed under AS 10.20, structured for
the marketing of tourism into, and inside, the state for the
performance of any of the duties specified in ssl20 of this
chapter if the organization participates in the cost by
providing at least 15 percent of the total funds required to
complete the project.

BB. Sec. 44.33.140. Grants for tourist development. A political
subdivision of the state, a nonprofit orga.tization formed under
AS 10.20.010-10.20.060, or a bona fide nonprofit civic, fraternal,
or service organization which is certified by the director of
tourism as qualified as developing tourist attractions as one of
its purposes is elegible to receive tourist attraction development
matching money from the state.

CC. Sec. 44.33.285. Action by governor. The governor may, upon
recommendation of the commissioner of the Department of
Commerce and Economic Development, designate by proclamation
an area as an area impacted by an economic disaster. When
an area is so designated assistance grants shall be made by
the Department of Commerce and Economic Development as pro-
vided in AS 37.11-100 and the governor may recommend in his
budget submission that capital projects planned for the
area be accelerated and that new projects be funded for the
area. The proclamation may provide that waivers of capital
projects requirements, as authorized in ssSOO of this chapter,
become effective only to the extent set out in the proclama-
tion.

IV. Management Products

The Regional Program shall:

A. Map identification of existing sites for industrial or
commercial development activities within a region.

B. Provide recommendations for management policies for these
activities.

C. Formulate recommendations for an ongoing process for iden-
tifying potential sites for industrial or commercial
development activities within a region.

D. Map identification of industrial outfalls in the state.

I .
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I SECTION III
I AREAS MERITING SPECIAL ATTENTION
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INTRODUCTION - AREAS MERITING SPECIAL ATTENTION

The following definitions have been developed in accordance with the
Policy Council's May 1978 request that the Regional Planning Team pro-
vide greater specificity regarding the criteria for Areas Meriting
Special Attention.. The State and Federal Acts define Areas Meriting
Special Attention as those coastal areas (generic or site specific)
which because of their sensitivity to change or alteration or because
of their value to the general public warrant special management attention.

The Alaska Coastal Management Act Sec. 46.3S.210 states:

.(l) "area which merits special attention" means a delineated
geographic area within the coastal area which is sensitive
to change or alteration and which, because of plans or
commitments or because a claim on the resources within the
area delineated would preclude subsequent use of the resources
to a conflicting or incompatible use, warrants special management
attention, Or which, because of its value to the general public,
should be identified for current or future planning, protection,
or acquisition; these areas, subject to council definition or
criteria for their identification, include:

(A) areas of unique, scarce, fragile or vulnerable natural
habitat, cultural value, historical significance, or scenic
importance;

(B) areas of high natural productivity or essential habitat
for living resources;

(D) areas where development of facilities is dependent upon
the utilization of., or access to, coastal waters;

(E) areas of unique geologic 07 topographic significance
which are susceptible to industrial or commercial development;

(F) areas of significant hazard due to storms, slides, floods,
erosion, or settlement; and

(G) areas needed to protect, maintain or replenish coastal
land or resources, including coastal flood plains, aquifer
recharge areas, beaches and offshore sand deposits.

As the need for special management and planning in Alaska is subject to
change because of numerous factors including variations in natural systems,
increased knowledge, natural disasters, new development and evolving
cultural and socio-economic conditions, the Regional Planning Team recog-
nizes that the development of special management Programs must be an on-
going process if it is to provide an effective response to future management
requirements.

The seven areas meriting special attention which have been enumerated in
the Alaska Coastal Management Act have been addressed in the following
four definitions.

AREAS OF RECREATIONAL, SCENIC, CULTURAL, OR
SCIENTIFIC SIGNIFICANCE

Description

Areas included in this category include those which are sensitive
to change or alteration and which, because of plans or commit-
ments or because a claim on the resources within the area de-
lineated would preclude subsequent use of the resources to a
conflicting or incompatible use, or warrants special management
attention, or which, because of its value to the general
public, should be identified for current or future planning,
protection, or acquisition. Further descriptions of these
areas follow:

A. Recreational areas which:

1. are formally proposed state or national parks, waysides,
or recreation areas by way of state or federal studies,
pending bills or resolutions in the state legislature or
Congress;

2. draw continous or seasonal usage from recreationalists.

3. because of unique combinations of ter-rain, climate,
proximity of water and vegetation are naturally attrac-
tive for interregional recreation activities and appro-
priate for recreation designation by state or federal
agencies;

4. provide important sport hunting, sport fishing or wildlife
observation opportunities on a continuous or seasonal
basis;

B. Scenic Areas

1. which are formally proposed state or national parks,
waysides, or recreation areas via state or federal
studies, pending bills or resolutions in the state legis-
lature or Congress;

2. or corridors which draw continuous or seasonal usage from
recreationalists, tourists or sightseers;

3. with unique visual or aesthetic qualities which are
attractive for interregional sightseeing, viewing or
recreational activities. Such areas -an include: unique
land forms, unique submarine areas accessible by SCUBA
diving, wildlife areas, expansive vistas and panoramic
view, scenic corridors, areas of unusual landscape
diversity, waterfalls, lakes, rivers, gorges and bluffs;

C* Scientific

1. Outstanding examples of geologic formations, geologic
features or fossil beds identified by a state or federal
agency, that lend themselves to study or viewing by
scientists, students or the general public and contribute
to the general understanding of geological or paleonto-
logical processes.

II. Justification

A. Rationale

Identification and management of areas of recreational,
scenic, and scientific significance will help preserve
these valuable resources for the general health, education
and enjoyment of visitors to the state, the citizens of
Alaska, and future generations.

B. Legal

1. Federal

a. The federal Coastal Zone Management Act makes numerous
references to the designation of areas of recreation,
scenic, or scientific significance. The federal Act
states, "The management progams; for each coastal
state shall include . . . An inventory and desig-
nation of areas of particular concern within the
coastal zone." (Sec. 305 (b) (3)).

In addition the federal act states, "Prior to
granting approval of a management program submitted
by a coastal state, the Secretary shall find that
the management program makes provisions for proce-
dures whereby specific areas may be designated for
the purpose of preserving or restoring them for
their conservation, recreational, ecological, or
esthetic values" (Sec. 306 (c)(9)).
The federal Act also requires that, "The management
program for each coastal state shall include . .. . A
definition of the term "beach" and a planning process

for the protection of, and access to, public beaches
and other public coastal areas of environmental re-
creational, historical, esthetic, ecological or
cultural value" (Sec. 305(b)(7)).

b. The federal Coastal Zone Management Prog-ram Approval
Regulations explain and support the federal Act, "In
developing the criteria for designating areas of
particular concern and in making the designations,
States shall inventory their natural and manmade
coastal zone resources and shall consider whether
the following represent areas of concern requiring
special management:
(i) Areas of . . . unique or fragile, physical
.figuration (sic) (as for example, NiagTa Falls),
historical significance, cultural value or scenic
importance (including resources on or determined to
be eligible for the National Register of Historic
Places.) . . .
(iii) Areas of substantial recreational value
and/or Opportunity; . . . 11 (s 92.3.21(d)(1)).

Sections in the federal Approval Regulations also go
on to state: "The basic purpose in focusing special
planning attention on shorefront access and protection
is to express more than local concern with respect to
additional access or protection needs for public beaches
and other public coastal areas of environemntal, recre-
ational, historic, esthetic, ecological or cultural
value and to include these areas for special management
attention within the purview of the State's management
program. If appropriate, this special management atten-
tion may be achieved by designation of public shorefront
areas requiring additional access or protection as areas
of particular concern or areas for preservation or res
to-ration . . . (s 923.25(l)).

2. State

a. The Alaska Coastal Management Act defines "area
which merits special attention" as a "delineated
geographic area within the coastal area which is
sensitive to change or alteration and which, because
of plans or commitments or because a claim on the
resources within the area delineated would preclude
subsequent use of the resources to a conflicting or
incompatible use, warrants special management at-
tention, or which, because of its value to the
general public, should be identified for cur-rent or
future planning, protection, or acquisition; these
areas subject to council definition of criteria for
their identification, include:

(A) areas of unique, scarce, fragile or vulnerable
natural habitat, cultural value, historical significance,
or scenic importance; . . .
(C) areas of substantial recreational value or
opportunity . . .
(E) areas of unique geologic or topographic
significance which are susceptible to industrial or
commercial development; (Sec. 46.35.201.(l)).

b. The A04P Guidelines and Standards states: "Districts
shall designate areas for recreational use. Criteria
for.designation of areas of recreational use are:

1) the area receives significant use by
persons engaging in recreational pursuits
or is a major tourist destination; or

2) the area has potential for high quality
recreational use because of physical,
biological or cultural features." (6.AAC
80.060.)

C. Other State Legal Justification

Article VIII, Section 7, of the State Constitution
and title 41, Chapters 20 and 35 of the Alaska
Statutes indicate legislative purpose and
IP policy for the acquisition, development and
maintenance of area of recreation, scenic,
cultural or scientific significance.

1. Section 7. SPECIAL PURPOSE SITES.
The legislature may provide for the
acquisition of sites, objects, and
areas of natural beauty, or of historic,
cultural, recreational or scientific
value. It may reserve them from the
public domain and provide for their
administration and preservation for
the use, enjoyment, and welfare of
the people.

2. AS 41.20.010. DECLARATION OF PURPOSE.
It is the purpose of ss10-40 of this
chapter to foster the growth and
development of a system of parks and
recreation facilities and opportunities
in the state, for the general health,
welfare, education and enjoyment of
its citizens and for the attraction
of visitors to the state.

III. Implementation Authorities

A. AS.41.20.020. DUTIES OF DEPARTMENT OF NATURAL RESOURCES. The
Department of Natural Resources shall:

(1) develop a continuing plan for the conservation and maximum
use in the public interest of the scenic, historic,, archaeologi-
cal, scientific, biological, and recreational resoin-ces of the
state; (2) plan for and develop a system of state parks and
recreational facilities, to be established as the '.Legislature
authorizes and directs; (3) acquire by gift, purchase, or
transfer from state or federal agencies, or from individuals,
corporations, partnerships or associations, land necessary,
suitable and proper for roadside, picnic, recreational or park
purposes

4) control, develop and maintain state parks and recrea-
. tional areas;

(5) provide for the acquisition, care, control, supervision
improvement, development, extension and maintenance
of public recreational lands, and make necessary
arrangements, contracts or commitments for the
improvement and development of lands acquired under
sslO - 40 of this chapter;

(6) establish, in accordance with the Administrative
Procedure Act, rules and regulations governing the
use and designating incompatible uses within the
boundaries of state park and recreational areas to
protect the property and to preserve the peace;

(7) cooperate with the United States and its agencies
and local subdivisions of the state to secure the
effective supervision, improvement, development,
extension, and maintenance of state parks, state
monuments, state historical areas, and state recreational
areas, and secure agreements or contracts for the
purpose of sslO - 40of this chapter;

(8) encourage the organization of state public park and
recreational activities in the local political sub-
divisions of the state;

(9) provide for consulting service designed to develop
local park and recreation facilities and programs;

(10) provide clearinghouse services for other state
agencies concerned with park and recreation matters;
and

(11) perform other duties as are prescTil--,i by executive
order or by law. (ss2 ch 158 SLA 1959, am ssl ch
233 SLA 1970).

B. Title 38 of the Alaska statutes gives the Department of
Natural Resources the authority to zone in the unorganized
borough.

C. With the exception of state owned lands, the state lacks
authority to protect areas as state parks or recreation areas
prior to formal designation by the state legislature.

D. The "Area Meriting Speical Attention" designation carries no
official management status unless it can be backed by other
existing regulatory authorities.

E. Federal Implementation Authorities (See appendix for further
explanation)

1. Alaska Native Claims Settlement Act of 1971

2. Land and Water Conservation Act of 1968

3. National Environmental Policy Act

4. National Park Service Organic Act of 1916, as amended.

S. National Historic Preservation Act

6. National Trails Act of 1968

7. Wild and Scenic Rivers Act of 1968

8. Wilderness Act of 1964

IV. Management Products

A. The Regional Program will identify areas proposed for formal
designation as state parks, recreation areas, and waysides.

B. The regional program will also identify specific sites appro-
priate for the protection of their recreation, scenic, or
scientific values and recommend interim and final management
policies to be applied by local or state governments.

AREAS OF PREHISTORIC, HISTORIC, OR
ARCHAEOLOGICAL OR CULTURAL SIGNIFICANCE

I. Description

Areas included in this category include those which are
sensitive to change or alteration and which, because of plans
or commitments or because a claim on the resources within the
area delineated would preclude subsequent use of the resources
to a conflicting or incompatible use, warrants special management
attention, or which, because of its value to the general

public, should be identified for current or future planning,
protection, or acquisition. Further descriptions of these
areas follow:

A. Areas on or identified as eligible for listing in -the National
Register of Historic Places.

B. Areas containing historic, prehistoric, archaeological, or
cultural resources identified or eligible for identification
by the State Historic Sites Advisory Committee as iMpOrtant to
the study, understanding or illustration of national or state
history or prehistory.

C. Areas identified in the Alaska Heritage Resource Inventory
maintained by the Alaska Division of Parks, Department of
Natural Resources.

II. Justificaiton

A. Rationale

Identification of areas of historic, prehistoric, arch-
aeologic, or cultural significance will help preserve and
protect heritage resources for the general welfare,
education, and enjoyment of visitors to the state, the
citizens of Alaska, and future generations.

B. Legal

1. Federal

a. The federal Coastal Zone Management Act cites
historic areas as one type of an area of particular
concern. The Act states, "The management program for
each coastal state shall include . . . An inventory
and designation of areas of particular concern
within the coastal zone" (Sec. 305(b)(3)).

b. The federal act also states, "Prior to granting
approval of a management program submitted by a
coastal state, the Secretary shall find that . . .
The management Program makes provisions for pro-
cedures whereby specific areas may be designated for
the purpose of preserving or restoring them for
their coiiservation, recreational, ecological or
esthetic values . . . 11 (Sec 306(c)(9)).

C. Historic resources should also be protected through
the state's program of planning for public coastal
areas. The federal act requires that "The management
program for each coastal state shall include . . . A
definition of, and access to, publi- 'Leaches and the
public coastal areas of environmencal, recreational,
historical, esthetic, ecological or cultural value
(Sec. 305(b)(7)).

d. The federal Coastal Zone Management Program Approval
Regulations explain and support the federal act
stating, "In developing the criteria for designating
areas of particular concern and in making the desig-
nations, states shall inventory their natural and
marmade coastal zone resources and shall consider
whether the following represent areas of concern
requiring special management: (i) Areas of unique,
scarce, fragile Or vulnerable natural habitat,
unique or fragile, physical, figuration (sic) (as,
for example, Niagra Falls), historical significance,
cultural value or scenic importance (including
resources on or determined to'be eligible for the
National Register of Historic Places.) . . . " (Sec.
923.21(d)(1)).

e. Other sections in the federal Coastal Zone Management
Program Approval Regulations support the act: Sec.
923. 2S(b)(1) The basic purpose in focusing special
planning attention on shorefront access and protec-
tion is to express more than local concern with
respect to additional access or protection needs for
public beaches and other public coastal areas of
environmental, recreational, historic, esthetic,
ecological or cultural value and to include these
areas for special management attention within the
purview of the state's management program . . . Sec.
923.25(c)(S) . . . Existing public shorefront attrac-
tions may be broadly construed to include, but need
not be limited to: public recreation areas, scenic
natural areas, threatened or endangered floral or
faunal habitat, wetlands, bluffs, historic, cultural
or archaeological artifacts, and urban waterfronts.

2. State

a. The Alaska Coastal Management Act defines an "area
which merits special attention" as a "delineated
geographic areas within the coastal area which is
sensitive to change or alteration and which, because
of plans or commitments or because a claim on the
resources within the area delineated would preclude
subsequent use of the resources to a conflicting or
incompatible use, warrants special management attention,
or which, because of its value to the general public,
should be identified for current or future planning,
protection, or acquisition; these areas, subject to
council definition of criteria for their identification,
include: (A) areas of unique, scarce, fragile, or
vulnerable natural habitat, cultural value, histor-
ical significance, or scenic importance;
(Sec. 46.35.210.(1)).

b. The Alaska Coastal Management Program Guidelines and
Standards addresses this use of state concern in
Article 3, Section 150:

6 AAC 80.150. "HISTORIC, PREHISTORIC, AND ARCHAEOLOGICAL
RESOURCES. Districts and appropriate state agencies
shall identify areas of the coast which are important
to the study, understanding, or illustration of
national, state, or local history or prehistory."
C. The Alaska Historic Preservation Act (AS 41.35)
expresses the state's policy with regard to the
preservation and protection of historic, prehistoric,
and archaeologic resources: Sec. 41.35.010. "DECLAR-
ATION OF POLICY. It is the policy of the state to
preserve and protect the historic, prehistoric, and
archaeological resources of Alaska from loss, desecra-
tion, and destruction so that the scientific, his-
toric, and cultural heritage embodied in these
resources may pass undiminished to future generations.
To this end the legislature finds and declares that
the historic, prehistoric, and archaeological resources
of the state are properly the subject of concerted
and coordianted efforts exercised on behalf of the
general welfare of the public in order that these
resources may be located preserved, studied, exhi-
bited and evaluated.

III. Implementation Authorities

A. The National Historic Preservation Act of 1966, Public Law 89-
665 (80 Stat. 915).
B. The Alaska Historic Preservation Act (AS 41.35) is generally
applicable, but several particularly relevant sections are
cited here:

-AS 41.35.010. DECLARATION OF POLICY. It is the policy
of the state to preserve and protect the historic, prehis-
toric and archaeological resources of Alaska from loss,
desecration and destruction so that the scientific,
historic, and cultural heritage embodied in these resources
may pass undiminished to future generations. To this
end, the legislature finds and declares that the historic,
prehistoric and archaeological resources of the state are
properly the subject of concerted and coordinated efforts
exercised on behalf of the general welfare of the public
in order that these resources may be located, preserved,
studied, exhibited and evaluated.

Sec. 41.35.020. TITLE TO HISTORIC, PREHISTORIC A1ND
ARCHAEOLOGICAL RESOURCES: LOCAL DISPLAY. @d) The state

reserves to itself title to all historic, prehistoric,
and archaeological resources situated on land owned or
controlled by the State, including tideland and submerged
land, and reserves to itself the exclusive right of field
archaeology on state-owned or controlled land. However,
nothing in this chapter diminishes the cultural rights
and responsibilities of person of aboriginal descent or
infringes upon their right of possession and use of those
resources which may be considered of historic, prehistoric
or archaeological value.

Sec. 41.35.030 DESIGNATION OF MONUMENTS AND HISTORIC
SITES. Upon the recommendation of the Historic Sites
Advisory Committee, the Governor may declare by public
order any particular historic, prehistoric, or archaeo-
logical structure, deposit, site or other object of
scientific or historic interest that is situated on land
owned or controlled by the state to be a state monument
or site as much land as is considered necessary for the
proper access, care and management of the object or site
to be protected. When an object or site is situated on
land held in private ownership, it may be declared a
state monument or historic site in the same manner, with
the written consent of the owner. (ss ch 130 SLA 1971).

Sec. 41.35.060 POWER TO ACQUIRE HISTORIC, PREHISTORIC,
OR ARCHAEOLOGICAL PROPERTIES. (a) The Department of
Natural Resources, with the recommendation of the Historic
Advisory Committee, may acquire real and personal properties
that have statewide historic, prehistoric or archaeological
significance by purchase, devise or bequest. The depart-
ment shall preserve and administer property so acquired.
The department may acquire property adjacent to the
property having historic, prehistoric or archaeological
significance when it is determined to be necessary for
the proper use and administration of the significant
property. (b) If an historic, prehistoric, or archaeo-
logical property which has been found by the department,
upon the recommendation of the Historic Sites Advisory
Committee, to be important for state ownership is in
danger of being sold or used so that its historic, pre-
historic, or archaeological value will be destroyed or
seriously impaired, or is otherwise in danger of des-
truction or serious impairment, the department may es-
tablish the use of the property in a manner necessary to
preserve its historic, prehistoric, or archaeological
chhracter or value. If the owner of the property does
not wish to follow the restrictions of the department,
the department may acquire the property by eminent domain
under AS 09.55.240-09.55.460 (ss 1 ch 130 SLA 1971).

Sec. 41.35.070; PRESERVATION OF HISTORIC, PREHISTORIC,
AND ARCHAEOLOGICAL RESOURCES THREATENED BY PUBLIC CON-
STRUCTION. (b) Before public construction or public
involvement of any nature is undertaken the state, or by
a governmental agency of the state or by a private person
under contract with or licensed by the state or govern-
mental agency of the state, the department may survey the
affected.area to determine if the area contains historic,
prehistoric, or archaeological values.

Sec. 41.3S.180. DUTIES OF THE COMMITTEE. The Historic
Sites Advisory Committee shall: (1) develop criteria for
the evaluation of state monuments and historic sites and
all real and personal property which may be considered to
be of historic, prehistoric, or archaeological significance
as would justify their acquisition and ownership by the
state; (2) cooperate with the Department of Natural
Resources in formulating and administering a statewide
historic sites survey under the National Historic Pre-
servation Act of 1966, Public Law 89-665 (80 Stat. 915);
(3) review those surveys and historic preservation plans
that may be required and approve properties for nomination
to the National Register as provided for in the National
Historic Preservation Act of 1966, Public Law 89-665 (80
Stat. 915).

C. AS 41.20.020. DUTIES OF DEPARTMENT OF NATURAL RESOURCES. The
Department of Natural Resources shall (1) develop a continuing
plan for the conservation and maximum use in the public interest
of the scenic, historic, archaeological, scientific, biological
and recreational resources of the state; . . .

D. AS 41.22.010. OUTDOOR RECREATIONAL, OPEN SPACE, AND HISTORIC
PROPERTIES DEVELOPMENT FUND. There is in the Department of
Natural Resources an outdoor recreational, open space, and
historic properties development fund to be administered by the
division of parks. Appropriations or other money deposited in
the fund shall be utilized by the department to pay the non-
federal share of costs of projects which are initiated by the
state to acquire, develop or extend outdoor recreation sites
and facilities and to acquire, preserve, or protect historic
sites, building, and monuments . . .

E. Title 38, Sec. 38.OS.037 Authorizes the Department of Natural
Resources through its Division of Lands to exercise the zoning
power by adopting zoning regulations in the unorganized borough.
F. The state's authority to protect historic resources on private
land is limited since the owner must consent to the management
policies or the state must acquire the site.-

G. Until a site is formally designated by the state or federal
government, no management standards or procedures exist to
protect the site unless it is on state or federal land.

H. Federal Implementation Authorities (See appendix for further
explanation)

1. Alaska Native Claims Settlement Act of 1971

2. Antiquities Act of 1906

IV. Management Products

A. The Regional Program will map areas meriting special attention
for their prehistoric, historic, archaeological, or cultural
values.

B. The Regional Program shall recommend management policies which
should be applied to these areas.

NATURAL HAZARD AREAS

I. Description

Areas identified by districts and state agencies which are
known geological hazard areas or areas of high development
potential in which there is a substantial possibility that
natural hazards may occur and are thus susceptible to property
damage and loss of life if developed. Hazardous areas to be
considered in this respect shall include:

A. Areas of significant earthquake hazard which are identified on
Corps of Engineer's Seismic Risk Map.

3. Areas of active surface faulting encompassing a one mile strip
on either side of known active or potentially active faults.

C. Areas of unstable ground conditions capable of mass movements
such as landslides, rockfalls, mudflows, slumping, or submarine
slides and areas subject to subsidence or uplift.

D. Areas surrounding active volcanoes exposed to the effects of
lava flows, mudflows, glacial ice-melt flooding and potentially
significant airborne materials including acid rains and ash.

E. Areas which have experienced recur-ring floods due to heavy
rainfall, spring snow and ice melts., ice jamming or storm
surge with 100-year recurrence intervals.

F. Areas susceptible to floods due to glacial lake outbursts and
identified as known or interred outburst plains in -the USGS
publication, "Glacier Damned Lakes and Outburst Floods in
Alaska."

G. Areas with detectable rates of coastal Or riverbank erosion or
accretion.

H. Areas of known or interred snow avalanches.

I. Areas known to have been innundated by tsunami or seiches.

J. Areas potentially exposed to the effects of permafrost, ice
grounding, ice shove, calving of icebergs or rapid glacier
advance.

II. Justification

A. Rationale

The geographic setting of Alaska and the geologic processes
at work in the state make it.particularly vulnerable to
natural hazards. Expanding population and development in
the state increases potential hazard danger to people,
.property and the environment. A coordinated process is
needed to identify and develop management policies for
hazard areas taking agency and local concerns into con-
s-ideTation. Identification of such areas could prevent
or reduce the harmful and destructive consequences of
disaster.

B. Legal

1. Federal

a. The federal Coastal Zone Management Act states, "The
Secretary is authorized to make annual grants to any
coastal state for the purpose of assisting in the
development of a management program for the land
and water resources of its coastal zone. Such
management program shall include: . . . a planning
process that will assess the effects of shoreline
erosion and evaluate methods of control, lessen the
impact of, or otherwise restore areas adversely
affected by such erosion, whether caused by natural
or maninduced actions. (AS 305(b)(3)(9)).

b. The federal Coastal Zone Management Program Approval.
Regulations state, "In developing criteria for
designating areas of particular concern and in
making the designation, states shall review their
natural and manmade coastal zone resources and shall
consider whether the following represent areas of
concern requiring special management . . . Areas of
significant hazard if developed, due to storms,
slides, floods, erosion, settlement, etc." (AS
923.21(d)(1)(vii).

2. State

a. The Alaska Coastal Management Act defines "area
which merits special attention" as "a delineated
geographic area within the coastal area which is
sensitive to change or alteration and which because
of plan or commitments or because of a claim on the
resources within the area delineated would preclude
subsequent use of the resources to a conflicting or
incompatible use, warrants special management attention,
or which, because of its value to the general public,
should be identified for current or future planning,
protection, or acquisition, these areas subject to
council definition of criteria for their identifica-
tion, include: . . . areas of significant hazard due
to storms, slides, floods, erosion or settlement
*11 (AS 46.55.210(l)(f)).
IP b. The Alaska Coastal Management Program Guidelines and
Standards state, "GEOPHYSICAL HAZARD AREAS. (a)
Districts and state agencies shall identify known
geological hazard areas and areas of high development
potential in which there is a substantial possibility
that geophysical hazards may occur. (b) Development
in areas identified under (a) of this section may
not be approved by the appropriate state or local
authority until siting, design, and construction
measures for minimizing property damage and protecting
against loss of life have been provided." (6 AAC
80.OSO.)

The Guidelines and Standards further define "geophysical
hazards" to include potential flooding, tsunami run-
up landslides, snowslides, severe faults, and ice
hazards;" (6 AAC 80.170.(9)).

C. Other Supporting State Legal Justification

The Alaska Disaster Act identifies the legislative
purpose for identifying natural hazard areas:

Sec. 26.23.010. "PURPOSES. The purposes of
this chapter are to:

(1) reduce the vulnerability of people and
communities of this state to damage,
injury, and loss of life and property
resulting from a disaster . . .

(4) clarify and strengthen the roles of the
governor, state agencies, and local govern-
ments in prevention of, preparation for,
response to and recovery from a disaster;

(5) authorize and provide for the coordination
of activities relating to disaster prevention
preparedness, response, and recovery by
agencies and officers of the state, and
similar state-local, inter-state, federal-
state, and foreign activities in which the
aggravated by inadequate planning for, and
regulation of, public and private facilities
and land use."

(7) assist in the prevention of disasters
caused or aggravated by inadequate planning
for, and regulation of, public and private
facilities and land use."

III. Implementation Authorities

A. - AS 41.08.020 "POWERS AND DUTIES. a) The state geologist
shall conduct geological and geophysical surveys to determine
. . . the potential geologic hazards to buildings, roads,
bridges and other installations and structures; and shall
conduct such other surveys and investigations as will advance
knowledge of the geology of Alaska."

3. AS 26.23.040. "DUTIES OF THE ALASKA DIVISION OF EMERGENCY
SERVICES. (a) The Alaska Division of Emergency Services
shall prepare and maintain a state emergency plan and keep it
current. The plan may include provisions for

(4) identification-of geographical areas, municipalities,
cities or villages especially vulnerable to a disaster;
(S) recommendations for zoning, building, and other land-use
controls, . . . and other preventive and preparedness measures
designed to eliminate or reduce disasters of their impact

C. AS 26.23.150. DISASTER PREVENTION. (a) In addition to
disaster preventian measures as included in t@. state, local
and interjurisdictional disaster plans, the governor shall

consider, on a continuing basis, steps that could be taken to
prevent orreduce the harmful consequences of disasters. At
his direction, and under any other authority and competence
they have, state agencies, including but not limited to those
charged with responsibilities in connection with floodplain
management, stream encroachments and flow regulations, weather
modification, fire prevention and control, air quality, public
works, land use and land use planning and construction standards,
shall make studies of disaster-prevention-related matters . .
(b) Appropriate departments, in conjunction with the Alaska
Division of Emergency Services shall keep land uses and location
of structures and other facilities under continuing study, and
identify areas which are particularly susceptible to severe
land shifting, subsidence, flood, or other catastrophic occur-
rence. The studies under this subsection shall concentrate on
means of reducing or avoiding the dangers caused by this
occurrence or the consequences of it."

D. The state lacks direct authority to impose regulations and
management policies for areas on the basis of hazardous con-
ditions. The only present authorities for this would be
indirect and relate to the state's general authorities to
regulate and manage state lands and zone in the unorganized
borough.

E. There is currently no standardized, coordinated system among
state agencies to identify, record, or develop management
policy for areas susceptible to natural hazards. However,
power granted to the Division of Emergency Services through
the Alaska Disaster Act may authorize the establishment of
such a system.

F. Federal Implementation Authority
(See appendix for further explanation)

1. National Environmental Policy Act

2. National Flood Insurance Act

3. Soil Conservation Act of 193S

4. Water Resources Development Act 1974

S. Watershed Protection and Flood Control Act of 1954

IV. Management Products

A. The Regional Program will map identification of known hazard
areas.

B. The Regional Program shall present recommendations for manage-
ment policies within identified natural hazard areas.

SPECIAL HABITAT AREAS

I. Description

Special habitat areas are areas meriting special attention if
they are sensitive to change or alteration and which, because
of plans or commitments or because a claim on the resources
within the area delineated would preclude subsequent use of
the resources to be conflicting or incompatible use, warrants
special management attention, or which, because of the value
to the general public, should be identified for current or
future planning, protection, or acquisition; these areas,
more specifically, special habitats are areas which:

A. support critical life stages or functions of important harves-
table or protected species including nesting, breeding, spawning,
rearing, overwintering and migration;

9. are unique habitats (rare, largest, farthest extent of the
.range, etc.);

C. are highly productive commercial fisheries areas;

D. are sensitive areas threatened by existing or proposed develop-
ment;

E. are storage areas needed to support, maintain or replenish
coastal lands and resources including but not limited to
eelgrass beds, wetlands and barrier islands.

II. Justification

A. Rationale

The purpose in identifying special habitat areas is to
maintain the carrying capacity of fish and wildlife
habitats. Because special habitat areas, support critical
life stages or are functions of important harvestable or
protected species; are unique habitats (rare, largest,
farthest extent or the range, etc.) or are highly productive
commercial fisheries areas; they are of public interest
and should be managed for these values. Loss of storage
areas will-undermine an entire system of life support and
can thus impact fish and wildlife populations.

The benefit of implementing an effec-,_ive management plan
for special habitat areas will be reflected in the health
of the fish and wildlife populations and retention of the
high quality of life and outdoor experience Alaskans now
enjoy.

Commercial and sport fishing, subsistence use of fish and
game, tourism and recreation interests will all economically
benefit from healthy fish and wildlife populations. It
is therefore necessary that special habitat areas receive
the type of wise management which will allow those uses
B. Legal which are compatable with the existing value of the area.

1. Federal

The Coastal Zone Management Act of 1972 Sec. 303 declares
that it is the national policy to preserve, protect,
develop, and where possible, to restore or enhance, the
resources of the nation's coastal zone for this and
succeeding generations and to encourage and assist the
states to exercise effectively their responsibilities in
the coastal zone through development and implementation
of management programs to achieve wise use of the land
and water resources...

2. State

a. The State Coastal Management Act Sec. 2 declares
that it is the policy of the state to preserve, pro-
tect, develop, use and where necessary, restore or
enhance the coastal resources . . . and to utilize
existing governmental structures and authorities, to
the maximun extent feasible, to achieve this policy
. . . and to authorize and require state agencies to
carry out their planning duties, powers and respon-
sibilities.

Special habitats are defined as areas which merit
special attention as outlined in the ACMA.
"Area which merits special attention" means a
delineated geographic area within the coastal area
which is sensitive to change or alteration and which
because of plans or commitments or because a claim
on,the resources within the area delineated would
preclude subsequent use of the resources to a conflic-
ting or incompatable use, warrants special management
attention or which, because of its value to the
general public, should be identified for cur-rent or
future planning, protection or acquisition; these
areas, subject to council definition of criteria for
their identification, include:
1(a) areas of unique, scarce; fragile or vulner-
able natural habitat, cultural value,
historical significance, or scenic import-
ance;

(b) areas of high natural productivity or
essential habitat for living resources;

b. Alaska Coastal Management Program

Eight coastal habitats in the coastal zone are
identified which shall be managed so as to,
"maintain or enhance the biological, physical,
and chemical characteristics of the habitat
which contribute to its capacity to support
living resources." In order to do this it is
essential to manage special habitat areas to
support fish and wildlife populations at their
present levels.

III. Implementation Authorities

A. Title 16 Article 4 empowers the commissioners of the Department
of Fish and Gameand Natural Resources to take measures to
preserve the natural habitat of species or subspecies of fish
and wildlife that are recognized as threatened with extinction.

B. Title 38 of the Alaska Statutes authorizes the Department of
Natural Resources through its Division of Lands to manage all
state lands including tide and submerged lands. This is
accomplished through its authority to classify, lease, permit
and otherwise dispose of state lands and to zone in the un-
organized borough.

C. The Department of Natural Resources may designate as "Special
Use Lands", lands having special scenic, historic, archaeolo-
gic, scientific, biological, recreational, or other special
resource values. Surface activities occurring in this area
will subsequently require a Miscellaneous Land Use Permit
which includes stipulations for the protection of the natural
environment and fish and wildlife habitat... (11 AAC 96.010)

D. Under the proposed revisions of the state's land classifica-
tion regulations a new'category, wildlife habitat, would be
established. Wildlife habitat is land which has as its primary
resource value habitat for mammals, birds, fish or other
animals.

The primary management goal is the maintenance of the habitat's
productivity, with provisions for human use of the fish and
wildlife resources present.

Uses allowed on wildlife habitat land, if performed in a
manner compatible with the management goal and approved by the
commissioner of the;Department of Fish and Game, include but
are not limited to fishing, hunting, trapping. 1-!abitat manipulation,
recreation, research, resource exploration a--@u extraction, and
human habitation in-remote cabins . . . Wiidlife habitat land
may be leased for grazing under Ch. 67 of this title only if
such leasing:

(1) does not create competition with resident wildlife
for forage;

(2) does not present a risk of disease transmission
between livestock and wildlife;

(3) does not require or increase the need for predator
control;

(4) does not require the erection of-fences or other
barricades that would interfere with movement of
wildlife;

(S) does not result in a demand for water which would
diminish the existing quality of lakes and streams;
(6) is approved by the Commissioner of the Department of
Fish and Game (11 AAC S5.220)

E. Federal Implementation Authority
(See appendix for further explanation)

1. Anadromous Fish Conservation Act of 1965

2. Bald and Golden Eagle Protection Act of 1940

3. Coastal Zone Management Act of 1972

4. Endangered Species Act of 1906
IP S. Federal Aid in Wildlife Restoration Act of 1937
6. Fish and Wildlife Act of 19S6

7. Fishery Conservation and Management Act of 1976

8. Fish Restoration and Management Act of 19SO

9. Fur Seal Act of 1966

10. Lacey Act of 1948

11. Marine Mammal Protection Act of 1972

12. Migratory Bird Conservation Act of 1929

13. Predatory Mammal Control Act of 1931

IV. Management Products

The Department of fish and Game will map areas of special
habitat. Identification will include a description of the
sensitivity of each special habitat area. The product will
conform to the definition of "areas which merit special
L attention" in the Alaska Coastal Management Act.

I I
16
I
I SECTION IV
I USES OF NATIONAL INTEREST
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1 95

NAVIGATIONAL FACILITIES AND SYSTEMS

Description

The siting, construction, and maintenance of navigational
facilities and systems, including: U. S. Coast Guard Stations,
channel markers; beacons, lighthouses; LORAN and radar facilities,
and other aids to navigation, both onshore and offshore are
national uses of state concern.

II. Justification

A. Rationale

Navigational facilities and systems are critical to safe
local, state, interstate, and international trade and
commerce; to the public's safe use and enjoyment of the
nation's waterways, and to the nation's security and
defense.

B. Legal

1. Federal

a. Coastal Zone Management Act Sec. 306(c)(8) states:
"The management program (must) provide for adequate
consideration of the national interest involved in
planning for, or in the siting of, facilities . . .
which are necessary to meet requirements which are
other than local in nature."
b. The federal Coastal Zone Management Program Approval
Regulations (IS CFR 923.52) Table 1 specifies "aids
to navigation, including Coast Guard Stations . . .
as being of potential national concern.

2. State

The Alaska Coastal Management Act covers this use of
state concern when it states 11 . . . uses of national
interest . . . (include) navigational facilities and
systems . . . (AS 46.40.210(6)(A).
III. Implementation Authorities

A. Federal

The major agency responsible for navigational facilities
and systems is the U. S. Coast Guard. In addition to

Constitutional authorities, major legisla tion includes:

1. Coast Guard Act of 1949

2. National Environmental Policy Act of 1969

3. Outer Continental Shelf Lands Act of 1953

4. Ports and Waterways Safety Act

S. Rivers and Harbors Act of 1899

6. Submerged Land Act of 1953

IV. Management Products

Regional Programs will establish and maintain a Contact with
appropriate federal agencies in order to exchange information
useful to one or both parties, such as plans to install ad-
ditional navigational aids in the coastal waters.

DEFENSE AND SECURITY FACILITIES

I. Description

The siting of national defense and related facilities which
are dependent on coastal locations, including: military bases
and installations and associated facilities; aerospace facilities;
intelligence, communications and related facilities, is of
national interest.

II. Justification

A. Rationale

National defense and security are, by their very nature,
of national interest. It is not left to the states to.
defend themselves, but to the federal government. Our
national defense and security capabilities are dependent
on a nationwide network of facilities,,many of which are
dependent on a coastal location. Moreover, Alaska holds
a strategic position in national defense because of its
location, and thus the siting of defense-related facilities
is of national interest.

B. Legal

1. Federal

a. Coastal-Zone Management Act Sec. 30',c)(8) "The
(state) management program (must) provide for adequate
consideTation of the national interest involved in

planning for, and in the siting of, facilities,.
which are necessary to meet requirements which are
other than local in nature."

b. 15 CFR 923.52 Table I specifies national defense
and aerospace uses as being of potential national
interest.

2. State

The Alaska Coastal Management Act states:

11 . . . uses of national interest . . . (include)
the use of resources for . . . national defense and
related security facilities that are dependent upon
coastal locations . . . (AS 46.40.210(6)(A)

III. Implementation Authorities

The major federal agencies are the Department of Defense,
Department of Commerce, and NASA. In addition to consti-
tutional authority the major legislation includes:

(See appendix for further explanation)

1. Coastal Zone Management Act of 1972

2. Easements for Rights-of-Way on Military Lands Act of
19S6

3. Military Withdrawals Act of 19S8

4. Oil Pollution Act of 1961

IV. Management Products

Regional Programs will establish and maintain a contact with
appropriate federal agencies in order to exchange information
useful to one or both parties, such as planned military instal-
lations in the coastal zone.

FISH & WILDLIFE AND THEIR HABITAT

I. Description

'B. All fish and wildlife habitats which are given special pro-
tection through acts or treaties are of national interest.

C. In addition, the habitats important to propagation. and continued
maintenance of commercial marine fisheries resources are
managed by the federal government and are of national interest.

II. Justification

A. Rationale

Alaska's abundant fish and wildlife populations represent
a large portion of the nation's fish and wildlife resources.
In addition some of these populations, such as the fur
seals and bottom fish, are commercially valuable on an
international scale.

The benefits of implementing sound management plans for
Alaska's fish and wildlife populations and their habitats
will be reflected in the health of those systems and in
the retention of the high quality of life and outdoor
experience Alaskan's and visitors to the state now enjoy.
Tourism and recreational and commercial use of fish and
wildlife populations provide economic and esthetic benefits
to local, state and national interests. It is therefore,
in the national interest to promote wise use of all fish
and wildlife resources.

B. Legal

1. Federal

The Federal Coastal Zone Management Act of 1972 finds
that:

a. "There is a national interest in the effective
management, beneficial use, protection and development
of the coastal zone;

b. The coastal zone is rich in a variety of natural,
commercial, recreational, industrial and esthetic
resources of immediate and potential value to the
present and future well-being of the Nation;"

and that "The Congress finds and declares that it is the
national policy:

a. to preserve, protect, develop, and where possible to
restore or enhance the resource- of the Nation's
coastal zone for this and succeeding generations

2. The Alaska Coastal Management Act of 1977 finds that "use
of state concern" means those land and water uses which
would significantly affect the long-term public interest;
16 these uses, subject to council definition of their extent,
include: (a) uses of national interest

3. Other Legal Justification

a. Numerous federal acts as well as the U. S. Fish and
Wildlife's mandate to conserve and manage fish and
wildlife establish the nation's interest in fish
and wildlife resources.

b. Section 16.OS.OSO - The Commissioner has the power
to: "assist the United States Fish and Wildlife
Service in the enforcement of federal laws and
regulations pertaining to fish and game."

III. Implementation Authorities

A. The Fishery Conservation and Management Act of 1976 established
the North Pacific Fisheries Management Council and mandated
the council to, 11 . . . conserve and manage the fishery resources
found off the coasts of the United States and the anadromous
species and Continental Shelf fishery resources of the United
States . . . 11

B. The national mission of the U. S. Fish and Wildlife Service is
to "Provide the federal leadership to conserve, protect and
enhance fish and wildlife and their habitats for the contin-
uing benefit of the people."

C. The national mission of the National Marine Fisheries Service
is to protect and provide for the rational use of living
marine resources for their aesthetic, economic and recreational
value.

D. The national mission of the Bureau of Land Management is to
ensure that 11 . . . public lands be managed in a manner . . .
to preserve and protect certain public lands in their natural
condition; to provide food and habitat for fish and wildlife
. . 11. (P. L. 94-579)

E. The mission of the U. S. Forest Service is to manage Forest
Service Lands to promote outdoor recreation, range, timber,
watershed, wildlife, and fish purposes. The Sikes Act direct$
the U. S. Forest Service to develop and implement co-operative
fish and wildlife management plans.
F. 1he mission of the National Park Service is to "promote and
regulate the . . . national parks, monuments and reserves . . .
to conserve the scenery and natural and historic objects and
wildlife to provide for the scenery and natural and historic
objects and wildlife to leave them unimpaired for the enjoyment
of future generations.

100

G. The following congressional Acts are a partial list of the
authorities by which federal agencies manage fish and wildlife
resources. (See appendix for further.explanation).

1. Alaska Native Claims Settlement Act of 1971

2. Anadromous Fish Conservation Act of 1956

3. The Bald and Golden Eagle Protection Act of 1.940

4. Endangered Species Act of 1973

S. Federal Aid in Fish Restoration Act of 1950

6. Marine Research Protection and Sanctuaries Act of
1972

7. Migratory Bird Conservation Act of 1929-

8. Migratory Bird Treaty Act of 1918

9. National Estuary Protection Act of 1968

10. The National Wildlife Refuge Administration Act of 1966

11. Federal Aid to Wildlife Restoration Act of 1973

12. The Federal Powe r Act of 1920

13. Federal Water Proj,ect Recreation Act of 1965

14. Fish and Wildlife Act of 19S6

15. Fur Seal Act of 1966

16. Marine Mammals Protection Act of 1972

17. Naval Petroleum Reserves Production Act of 1976

18. Recreational Use of Conservation Areas Act of 1962

19. Wetlands Acquisition Act of 1961

20. Wilderness Act of 1964

21. The Fish and Wildlife Co-ordination Act of 1934

22. The Fisheries Conservation and Management Act of 1976.

IV. Management Products

The Regional Program will establish and maintr'n management,
planning and administration liaison with appropriate federal
agencies.

101

RESOURCE DEVELOPMENT 01; FEDERAL LANDS

Description

All resource development, including activities and the siting
of facilities related to: timber harvest; mining; oil and gas
development; fisheries; agriculture; road and airstrip construc-
tion; recreational facilities; or other industrial, commercial,
residential or public development on federal lands or land
underlying federal waters, are of national interest.

II. Justification

A. Rationale

Alaska possesses a large share of the nation's resources,
including oil and gas, minerials, fisheries, timber and
recreational potentials. A large amount of these resources
lie on federal land, and thus their extraction is by
definition of national interest. Some of these resources
such as oil, gas, coal and certain minerals are considered
to be of strategic importance in terms of national security,
and are of vital importance to a healthy national economy.
Other resources of national importance, such as areas of
high recreational potential, are invaluable and irreplace-
able.

B. Legal

1. Federal

a. Coastal Zone Management Act Sec. 302

"The Congress finds that (a) There is a national
interest in the effective management, beneficial
use, protection, and development of the coastal zone
(b) The coastal'zone is rich in a variety of natural,
commercial, recreational, industrial, and esthetic
resources of immediate and potential value to the
present and future well-being of the nation . . .

b. Coastal Zone Management Act Sec. 306(c)(8)

The (state) management plan (must) provide for
adequate consideration of the national interest
involved in planning for, and in the siting of,
facilities . . . which are necessary to meet require-
ments which are other than local in nature.11

C. 15 CFR 923.52 (Please see table 1. and table 2. on
the following pages.)

TABLE 1. - Facilities in which there may be a national
interest in planning or siting

Uses Associated facilities Associated Federal
Agencies

National defense Military bases and Dept. of Defense,
and aerospace installations; defense National Aeronautics
manufacturing facilities and'Space Administrationi
aerospace facilities

Energy production Oil & gas rigs, storage Departments of: Energy
and transmission. distribution and trans- Interior, Commerce, anA
mission facilities; power Transportation: Corps of
plants; deep-water ports; Engineers
LNG Facilities; geothermal
facilties; coal mining
facilities

Recreation National seashores, parks, Dept. of Interior, Dept.
forests; large and out- of Agriculture
standing beaches and
recreational waterfronts

Transportation Interstate highways, rail- Dept. of Transportation
roads; airports; ports; Dept. of Commerce, Corp
aids to navigation, in- of Engineers
cluding Coast Guard sta-
tions 9

Regional water Sewage treatment plants; Environmental Protection
treatment plants. desalizination plants Agency, Dept. of Interio

TABLE 2. Resources in which there may be a
national interest

Resources Major related Associated Federal
federal agencies
legislation

Water Federal Water Pol- Environmental Protection
lution Control Act Agency, Corps of Engineerq

Air CIean Air Act Environmental Protection
Age--y

1 n-,;

Wetlands Federal Water Pol- Corps of Engineers,
lution Control Act; Environmental
Fish & Wildlife Coor- Protection Agency,
dination Act Dept. of Interior,
Dept. of Commerce

Endangered flora Endangered Species Act Dept. of Interior, Dept.
and fauna off Commerce

Flood plains & Flood Insurance Act Housing & Urban Development,
erosion hazard Corps of Engineers, Dept. of
areas Agriculture

Barrier Islands Coastal Zone Manage- Dept. of Interior, Dept. of
and beaches ment Act Commerce, Corps of Engineers
Historical & National Historic Advisory Council on Historic
cultural resources Preservation Act Preservation

Wildlife refuges & Pitman-Robinson Act Dept. of Interior, Dept. of
reserves Dingall-Johnson Act; Commerce
Land and Water Con-
servation Fund Act

Areas of unique National Historic Advisory Council on Historic
cultural signifi- Preservation Act Preservation, Dept. of
lp cance Interior
Minerals Mineral Leasing Act Dept. of the Interior
Prime agricultural Homestead Act Dept. of Agriculture
lands

Forests National Forest Dept. of Agriculture, Dept.
Management Act of Interior
Living marine resources Fisheries Conservation Dept. of Commerce, Dept.
& Management Act; of Interior
Marine Mammals Pro-
tection Act

2. State

Alaska Coastal Management Act

a. AS 46.40.020 The Alaska Coastal Management Program
shall be consistent with the following objectives:
(7) the recognition of the need for a continuing
supply of energy to meet the requirements of the.
state and the contribution of a share of the state's
resources to meet national energy needs . . . if

b.' The state Act goes on to state:

(A) uses of national interest, (include)
;e;ou:rce development of federal land AS
46.40. 210(b).

III. Implementation Authorities

A. Section 307 of the Coastal Zone Management Act of 1972, as
amended, states:

1. 11(c)(1) each Federal agency conducting or supporting
activities directly affecting the coastal zone shall
conduct or support those activities in a manner
which is, to the maximum extent practicable, consistent
.with approved state management programs.

11(2) Any Federal agency which shall undertake any
development project in the coastal zone of a state
shall insure'that the project is, to the maximum
extent practicable, consistent with approved state
management programs

Sections(c)(3) (A) and (B) require any person submitting
an application for a federal license or permit or a
plan for exploration or development of or production
from an area leased under the Outer Continental
Shelf Lands Act affecting any land use or water use
in the coastal zone to attach a certification that
such activity complies with the state's approved
management program and will be carried out in a
manner consistent with the program.

Section (d) states that state and local applications
for federal assistance under other Federal programs
affecting the coastal zone shall not be approved if
the proposed Projects are inconsistent with a state's
management progTam.

The federal act goes on to state that:

11(e) Nothing in this title shall be construed (1)
to diminish either Federal or state jurisdiction,
responsibility or rightsin the field of planning,
development, or control of water resources, submerged
lands, or navigable waters . . . (2) as superceding,
m6difying or repealing existing laws applicable to
the various Federal agencies . . . 11 1
B. Section 202 of the Federal Land Policy and Management Act of
1976 requires that the Secretary of Interior develop land use
plans which provide for use of the federal la-lb. In these

105

plans, the Secretary shall "provide for compliance with
applicable pollution control laws, including state and federal
air, water, noise, or other pollution standards for implementation
plans; and . . . to the extent consistent with the laws govern-
ing the administration of the public lands, coordinate the.
land use inventory, planning, and management activities of or
for such lands within the land use planning and management
programs . . . of the state . . . 11

C. AS 46.40.040(5) states that the Alaska Coastal Policy Council
shall "develop procedures or guidelines for.consultation and
coordination with federal agencies managing land or conducting
activities potentially affecting the coastal area of the
state."

D. Memorandum of Agreement - Cooperative Planning and Management
in Alaska, by State of Alaska, Alaska Federation of Natives,
U. S. Department of Agriculture, U. S. Department of the
Interior (June 29, 1978). The purpose of this agreement is to
"promote coordinated land planning and cooperative resource
management" through the Alaska Land Managers Cooperative Task
Force. The Task Force will identify general areas needing
coordination, work on specific cooperative agreements and pro-
jects, and identify specific geographic areas requiring cooper-
ative planning and management.

E. Cooperative Agreement between Governor of Alaska and State
Director, Bureau of Land Management, U. S. Department of
Interior. (May 2, 1978). This agreement provides for mutual
cooperation in inventory data collection and exchange and in
the development and implementation of land use plans and
policies for the management of public lands and resources, and
for-various other cooperative activities.

F. Federal Implementation Authorities (See appendix for further
explanation)

1. Alaska Native Claims Settlement Act

2. Common Varieties Act of 195S

3. Environmental Pollution From Federal Facilities
(Executive Order)

4. Federal Land Policy and Management Act of 1976

S. Forest and Rangeland Renewable Resources Act of
1974

6. Wilderness Act of 1964

7. Forest Service Organic Administration Act of 1897

8. Mineral Leasing For Acquired Lands Act of 1947

9. Mining Act of 1872, as amended

10. Mining and Mineral Policies Act of 1970

11. Mining on Indian Reservations Act of 1938

12. Multiple-Use-Sustained Yield Act of 1960

13. National Park Service Organic Act of 1916

14. National Wildlifi@- Refuge System Administration Act of 1966

1S. Outer Continental Shelf Lands Act

16. Pickett.Act of 1910

17. Wild and Scenic Rivers Act of 1968

18. Taylor Grazing,Act of 1934

19. National Environmental Policy Act of 1969

IV. Management Products

The Regional Program will establish and maintain contact with
appropriate federal agencies and cooperative programs in order
to exchange information, such as major planned resource
developments within.the coastal area.-

107

APPENDIX

SUPPORTING FEDERAL LEGISLATION

In alphabetical order listing:

- primary purpose

- management tools employed

Airport and Airway Development Act of 1970, as amended

(49 USC 1701 et seq.)

Primary Purpose: To provide federal funding for the planning
and construction of public airports.

Management Tools Employed: National airport system plan, capital
expenditures funding, procedural requirements, land acquistion,
eminent domain, requirements of "reasonable consistency" with
areawide plans, protection against adverse environmental impacts.

Alaska Native Claims Settlement Act of 1971, as amended

(33 USC 1601-33)

Primary Purpose: To provide grants of land and money to the
Alaskan Natives to insure more rapid development of the state's
resources, and to authorize certain federal land withdrawals
for inclusion in the national park, national forest, national
wildlife refuges and wild and scenic rivers systems, and other
federal land withdrawals.

Management Tools Emplo ed: Land selections (including surface
and subsurface estates@, review authority, procedural requirements,
land disposal dedication, coordination of native lands selections
with statehood act land selections, establishment of joint Federal
State Land Use Planning Commission.

Anadromous Fish Conservation Act of 1965, as amended

(16 USC 757a-f)

Primary Purpose: To conserve, develop, and protect and enhance
anadromous fishery resources.

Management Tools Employed: Capital expenditures funding,
agreements with states, recommendations, and studies.

Antiquities Act of 1906, as amended

(16 USC 431-33, see also 461-67)

Primary Furpose: To authorize proclamation of historic
landmarks, historic and prehistoric structures and other objects
of historic and scientific significance.

Management Tools Employed: Presidential proclamation of
national monuments on public lands, acquistion of.historic and
archaeplogic sites by Department of Interior, permits. for
eploration, criminal penalties.

Bald and Golden Eagle Protection Act of 1940, as amended

(16 USC 668)

Primary Purpose: To provide protection for bald and golden
eagles.

Management Tools Employed: Civil and criminal penalties,
seizures, investigations, and exemptions.

Clean Air Act of 1970, as amended
(42 USC 1857 et 1@@ I
Primary Purpose: To protect and enhance the quality of the
nations's air resources so as to promote the public health
and welfare and productive capacity of its population.

Management Tools Employed: Environmental protection law,
procedural requirements permit systems, review authority,
classification system, non-deterioration policy, state
implementation plans, emergency actions, and inspections.

Coast Guard Act of 1949, as amended

(14 uSC 2 et seq.)
Pri nary Purpose: 'To establish the authority of the Coast Guard
to protect natural maritime resources and aid navigation.
Management Tools Employed: Administration of all laws on
high seas and territorial waters not specifically delegated
to other agencies, construction and permitting of aids to
navigation, oceanographic research, regulations governing
oil spills, transportation of hazardous cargoes.

Conservationland Rehabilitation Programs on Military and Public
Lands Act of 1960, as amended

(16 USC 670a, 670o)

National Forest Management of 1976

(16 USC 1600 et seq.)

Primary Purpose: To provide for the Forest Service and the
Department of Agriculture, in cooperation with other agencies,
to develop a national renewable resources program; to assess use
demand for and supply of renewable resources; to provide for
effective management, use, and protection of the Nation's
renewable resources.

Management Tools Employed: Standards and guidelines for
development of management plans, development of management plans
regulations.

National Historic Preservation Act of 1966, as amended
(16 USC.470-470m)
Primary Purpose: To encourage preservation of historic,
archaeological, architectural, and cultural resources.
Management Tools Employed: Procedural requirements, National
Register of Historic Places.

National Park Service Organic Act of 1916, as amended
(16 USC 1 et seq.)
Primary Purpose: To create the national park system for public
recreation and conservation of scenery, natural and historic
objects, and wildlife.
Management Tools Employed: Dedication by Congress, land
acquisition management in order to leave "unimpaired for future
generations: comprehensive study of all public park, parkway,
and recreation.

National Trails Act of_1968, as amended
(16 USC 1241-49)
Primary Purpose: To establish a system of national trails,
including recreation, scenic, and connecting side trails.
Management Tools Employed: Dedications by Congress, DeDartment
of Interior or U.S. Department of Agriculture, land acquisition,
easements, rights, of-way, land disposals, and feasibility
studies for additional trails.

National Wildlife Refuge Administration Act of 10-66, as amended

(16 USC 668dd-jj)

Primary Purpose: To conserve and protect fish and wildlife in
designated areas by consolidating federal wildlife holdings
into a national wildlife refuge system.

Management Tools Employed: Restrictions on disposal of land,
land exchanges, restrictions on fishing and hunting, criminal
penalities, easements, and mining laws also applicable.

Noise Control Act of 1972

(42 USC 4901-18)

Primary Purpose: To establish an national policy of protecting
the public health and welfare from the effects of' noise.

Management Tools Employed: Environmental protection law, noise
emission standards (particularily aircraft noise),.,-Civil and
criminial penalties, and a research activity.

North Pacific Fisheries Act of 1954

(16 USC 1021-32)

Primary Purpose: To implement the International Convention for
the High Seas fisheries of the North Pacific area. I

Management Tools Employed: Enforcement authority and inspections.

Oil Pollution Act of 1961, as amended

(33 USC 1001-15)

Primary Purpose: To prohibit discharges of oil and oily
mixtures from United States ships.

Management Tools Employed: Civil and criminal penalties,
enforcement authority, construction standards for vessels.

Outer Cdntinental Shelf Lands Act of 1953,

(43 USC 1301-03, 1331-43)

Primary Purpose: To establish a jurisdiction of the federal
government over the mining resources on the outer continental

shelf and, to provide leasing procedures for mineral development.

Management Tools Employed: Mineral leases, environmental protection
regulations, civil and criminal penalties.

Ports and Waterways Safety Act of 1972

(33 USC 1221, 46 USC 391 et seq.)

Primary Purpose:to provide for regulation of Marine Transportation
and combat marine pollution.

Management Tools Employed: Safety regulations, design standards,
certificates of inspections, investigations, civil and criminal
penalties.

Predatory Mammal Control Ac t of 1931

(7 USC 426-426b)'

Primary Purpose: To control and/or eradicate pred atory mammals
on public lands, and on state, territorial and privately owned
lands.

Management Tools Employed: Necessary actions (limited by
Executive Order), emergency actions, and research.

Rivers and Harbors Act of 1899, as amended.

(33 USC 401 et seq.)

Primary Purpose: To establish the authority Of the Corps of
Engineers to ensure the navigability of the navigable waters
of the U.S.

Management Tools Employed: Permit systems, civil and criminal
penalties, and injunctions.

Rivers and Harbors Acts of 1888 and 1935

(33 USC 608 and 33 USC 540)

Primary Purpose: To authorize the construction of fishways
when river and harbor projects obstruct the passage of fish, and
give "due regard" to wildlife conservation in these projects.
Management Tools Employed: Construction of fishways, "due regard"
to wildlife conservation.

Safe Drinking Water Act of 1974, as amended

(42 USC 300f-j-9)
Primary Purpose: To establish national drinking water standard-i
for public water supplies, including underground sources, to
protect and improve the quality of drinking water.

Management Tools Employed: Environmental protection law,
national standards, certification of state programs, civil
penalties, injunctions, exemptions, survey rural water supplies,
research, and permits for underground injections.

Saline Water Convers-ion Act of 1971

(42 USC 1959-1959h)

Primary Purpose: To develop the technology for water desaliniza-
tion plants and plants to convert other chemically contaminated
water to a quality suitable for benefical use.

Management Tools Employed: Research activities and necessary
actions.

Soil Conservation Act of 1935

(16 USC 590a-590p-1)

Primary Purpose: To provide permanently for the control and
prevention of soil erosion and thereby perserve natural r* esourcesl
control floods, prevent impairment of resources and maintain
the navigability of rivers and harbors. I
Management Tools Employed: Soil and water conservation districts,
land use restrictions, land and snow surveys, investigations
land acquisitions, eminent domain, capital expenditures finaLing
technical assistance.

Soild Waste Disposal.Act of 1976

(42 USC 6901 et seq.)

PrimILry Purpose: To promote the demonstration, construction
and application of solid waste management and resource recov@ry
systems.

Management Tools Employed: Environmental r irection law, guide
lines for State or regional waste plans with federal funding -J
assistance, research activities, and demonstration projects.

State Commercial Fisheries Research Act of 1964, as amended

(16 USC 779-779F)

Primary Purpose: To encourage research and development of
commercial fisheries resources.

Management Tools Employed: Capital expenditures funding, research
activities.

Submerged Lands Act of 1953

(43 USC 1311-15)

Primary Purpose: To grant offshore lands on the continental
shelf within three miles of shore and lands beneath navigable
waters of the federal government to the states.
Management Tools Employed: Grant of submerged lands.

Taylor Grazing Act of 1934, as amended

(43 USC 315-16)

Primary Purpose: To provide authority to manage and protect
the unappropriated, unreserved lands of the public domain,
particularily with respect to grazing.
Management Tools Employed: Grazing districts, grazing permits,
rimultiple use", perferred uses in Alaska, land exchanges, land
disposal.

Urban Mass Transit Act of 1964, as amended by Urban Mass Transit
Act of 1970

(49 USC 1601 et seq.)
Primary Purpose: To provide federal funding for acquisition,
construction, and improvement of mass transit.
Management Tools Employed: Capital expenditures funding,
procedural requirements, land acquisition, eminent domain,
consistency with areawide planning protection against
environmental impacts.

Water Resources Planning Act of 1965, as amended
(42 USC 1962 et seq.)

Primary Purpose: To encourage conservation, development, and
utilization of water and related resources on a comprehensive
and coordinated basis.

Management Tools Employed: Research activities, river basins
commissions, river basin and regional plans.

Watershed Protection and Flood Control Act of 19:54, as amended

(16 USC 1001-09)

Primary Purpose: To provide stream channelization, reservoirs,
and other measures to protect watersheds and control flooding.

Management Tools Employed: Small watershed program consisting
of surveys technical assistance, land inventory, capital
expenditures funding, loans, easemen@s, agreement-s with land
owners.

Wild and Scenic Rivers Act of 1968, as amended

(16 USC 1271-87)

Primary Purpose: To create a national system to preserve wild,
scenic, and recreational rivers.

Management Tools Employed: Dedication by Congress, feasibility
studies, classification system, prohibitions on federal licenses,
grants, development, land acquistion, eminent domain, easements.

Wilderness Act of 1964, as amended

(16 USC 1131-36)

Primary Purpose: To secure for the American people of present
and future generations the benefits of an enduring resource of
wilderness, a National Wilderness Preservation System is created ,
composed of federally owned lands designated by Congress as
wilderness areas.

Management Tools Employed: Dedication by Congress, wilderness
study areas, restriction on use and acces., exemption from
mining activities, land acquistions, and eminent domain for
nonconforming uses.

(except for Alaskan Natives), permits, marine mammal commission,
criminal and civil penalties, seizures/forfeiture of prohibited
cargo, and research program.

Marine Research Protection and Sanctuaries Act of 1972, as amended

(33 USC 1401 et seq.)

Primary Purpose: To provide for the regulations of ocean
dumping, to foster research an the effects of ocean dumping, and
to provide for the establishment of marine sanctuaries.
Management Tools Employed: Environmental protection law, permit
system, civil penalties, research activities and dedication of
marine sanctuaries.

Ifigrator-y Bird Conservation Act of 1929, as amended
(16 USC 715 et se'q.)
Primary Purpose: To provide for the conservation of migratory
birds by authorizing additions to the national wildlife refuge
system.
IP Management Tools Employed: Land acquisition, eminent domain,
easements, refuge revenue sharing fund.

Migratory__Bird Treaty Act of 1918, as amended

(16 USC 701-711)

Primary Purpose: To pxovide protection for migratory birds.
Management Tools Employed: Refuge zones, closed seasons,
criminal penalties (exemptions for Eskimos and Indians).

Militar7 Withdrawals Act of 1958

(43 USC 155-58)

Primary Purpose: To require an Act of C,agress for military
withdrawals, reservations, and restrictions on public lands
over five thousand acres (not applicable to naval petroleum,
oil, shale or coal reserves, or to certain federal lands and
waters off of the coast of Alaska.)

Management Tools Employed: Procedural requirements.

Primary Purpose: To provide for the protection, development, an4
environmental enhancement of the national forest system.
.L

Management Tools Employed: Renewable resource assessment,
renewable resource program, resource inventory, plans for
development, protection, and management of national forest syste)

Forest Service Organic Administration Act of 1897, as amended

(16 USC 471 et seq.)
Primary Purpose: To provide for the establishment of national
forests in order to improve and protect forest lands for the
purpose of securing favorable conditions of water flow and
furnishing a continous supply of timber.
Management Tools Employed: Dedication by the President or
Congress, eminent domain and land acquisition.

Fur Seal Act of 1966

(16 USC 1151-87)
Primary Purpose: To protect and preserve fur seals and fur
otters and provide for the administration of the Pribilof
Islands as a special reservation.
Management Tools Employed: Environmental protection law,
and permits with exemption for Indians, Eskimos and Aleuts.

Lacey Act of 1948, as amended

(18 USC 42-44)
Primary Purpose: To provide penalties for the violation of
various foreign, United States or state laws protecting
wildlife.

Management Tools Employed: Civil and criminal penalties,
inspections,.regulations for the transportation-o-f-wildlife.

Marine Mammals Protection Act of 1972

16 USC 1361, 1362, 1371-84, 1401-07)
Primary Purpose: To provide protection for marine mammals and
.their ecosystems.
Management Tools Employed: Environmental protection law, moratoriul

Primary Purpose: To provide federal matching funds to state
fish and game agencies for the Acq'uisition and restoration of
fish habitats,

Managment Tools Employed: Fish and management projects, land
acquisition, eminent domain, capital facilities funding
comprehensive fish and wildlife plans, and statement or management
planson fish restoration project for State to qualify for funding.

Fish and Wildlife Act of 1956, as amended

(16 USC 742a-754)

Primary Purpose: To provide for the development, management,
advancement conservation and protection of fish and wildlife
resources.

Management Tools Employed: Land acquisition for refuges, research/
studies, and prohibition of airborne hunting.

Fish and Wildlife Coordination Act of 1958, as amended

(16 USC 661-667e)

Primary Purpose: To provide that wildlife conservation receives
IP equal consideration with other goals of federal water resource
development projects.

Management Tools Employed: Consultation requirements, land
acquist.ion, procedural requirements, and modification projects.

Fisheries Conservation and Managment Act of 1976

(16 USC 1801 et seq.)

Primary Purpose: To provide U.S. jurisdiction over fisheries
within 200 nautical miles from the baseline from which the
territorial sea is measured.

Management Tools Employed: Establishment of regulatory area,
provision for establishment of national standards for fisheries
conservation and managment, permits, cri-winal and civil penalties.

Forest and Range Land Renewable Resources Planning Act of 1974

(16 USC 1601-1610)

Primary Purpose: To provide for a comprehensive program to
regulate the manufacture, the distribution, and use of all
pesticides.

Management Tools Employed: Environmental protection law,
registration, classification, 6ancellation/suspension,
certification of operators, exemptions, inspections, resource
activities, civil and criminal penalties and scientific advisory
panel.

Federal Land Policy and Mangement Act of 1976

(43 USC 1701 et seq.)

Primary Purpose: To provide for a period and systematic
inventory of public lands and their present and future uses
with future use project by a land use process co-ordinated
with other federal and State planning efforts.

Management Tools Emp loyed: Regulations for implementation of
management, use and protection, acquisition, use permits,
civil and criminal penalties.

Federal Power Act of 1920, as amended

(l6 USC 791a et seq.)

Primary Purpose: To provide for the regulations of water power
development.

Management Tools Employed: Procedural requirements, licenses,
standards, conditions, and project modifications.

Federal Water Pollution Control Act of 1972, as amended

(33 USC 1251 et seq.)

Primary Purpose: To restore and maintain the chemical, physical,
and biological integrity Of the nation's waters.

Managment Tools Employed: Environmental protection law,
procedural requirements, capital expenditures funding, permit
systems, emergency actions, inspections, and various planning
requirements.

Fish Restoration and M.anagement Act of 1950, as amended

(15 USC 777-777k)

Multiple-Use Sustained Yield Act of 1960

(16 USC 528-31)

Primary Purpose: To administer the national forest for outdoor
recreation, range, timber, watershed and wildlife and fish
purposes.
Management Tools EmP107ed: Administration based on "multiple use",
"sustained yield" terms from Act.

National Environmental Polic7 Act of 1969, as amended
(42 USC 4321 et seq.)
Primary Purpose: To encourage productive and enjoyable harmony
between man and his environment, to promote efforts to prevent
or eliminate damage to the environment and biosphere, and
to stimulate the health and welfare of man.

Management Tools EMP107ed: Policy statement of the Act in
conjunction with its procedural requirements and environmental
impact statements.

National Estuary Protection Act of 1968, as amended

(16 USC 1221-26)

Primary Purpose: To provide a means for protection, conservation
and restoration of estuaries.

Management Tools Empl07ed: Inventory of estuaries, recommendations,
conditions, land *r_qiiis-ition through.- funds of other act.s.

National Flood Insurance Program of 1968, as amended

(42 USC 4001-27)

Primary Purpose: To provide flood insurance to property Owners
in flood-prone areas and foster sound land use management to
reduce property losses as a result of flooding.
Management Tools Empl07ed: Subsidize flood insurance, land
use criteria, sanctions (restrictions on availablility of
other federal financing in non-compliance communities), minimum
construction standards.

Mining on Indian Reservation Acts of 1938

(25 USC 396)
Primary Purpose: To provide for mineral leasing on Indian lands
Management Tools Employed: Mining leases and conditions.

Mining Act of 1872L as amended

(3&USC 22 et seq.)
Primary Purpose: To confer title to prospectors, under certain
conditions, to public lands containing valuable hard rock
materials for the development and extractions of these minerals
Management Tools Employed: Mining claims procedural requirements,
patents (title to lands to applicants).

Mineral Leasing Act for Acquired Lands of 1947.

(30 USC 351-59)
Primary Purpose:- To provide for the leasing of minerals on
lands acquired by the federal government from private owners.
Management Tools Employed: Same as Mineral Leasing Act of 1920.

Mineral Leasing Act of 1920, as amended

(30 USC 181-287)
Primary Purpose: To provide for mineral leasing procedures on
federal lands for nonmetalliferous materials.

Management Tools Employed: Mining leases, prospecting permits,
procedural requirements, and conditions.

Mining in Mineral Policy Law of 1970

(30 USC 21)
Primary Purpose: To establish the basic policies to be
utilized in implementing the mining statutes.

Management Tools Employed: Policy statement and annual report.

Primary Purpose: To provide for fish, wildlife, and game
conservation and rehabilitation programs on military reservations,
lands under the jurisdiction of the Departments of Interior and
Agriculture, and lands under the jurisdiction of the National
Aeronautics and Space Administration, and the Department of
Energy.

Management Tools Employed: Comprehensive plans, conservation
and rehabilitation programs, criminal penalties, enforcement
authority, public landmanagement staffs, and exemptions for
"Indian Tribes."

Department of Energy Organization Act of 1977

(42 USC 7111 et seq.)

Primary Purpose: Established Department of Energy to achieve
effective management of energy functions within the federal
government, including consultatiad-with-6ther federal -
departments and agencies to establish and observe policies
consistent with a co-ordinated energy policy. Transferred
functions from other agencies related to energy to Department
of Energy.

Management Tools Imployed: Regulatory powers on oil pricing,
conservation, natural gas import and export, transportation
of oil by pipeline, etc.; land acquisition for development of
facilities for research technology development, and commercial
application; permits for natural gas energy facilities, licensing
of hydroelectric facilities, etc.

Department of Transportation Act 1966, as amended

(49 USC 1651 et seq.)

Primary Purpose: To establish the Department of Transporation
and to regulate and provide a system @or transporation,
activities.

Management Tools Zmployed: Transportation plans, safety
regulations, and protection for park, recreation, wildlife
and historic areas.

Endangered Species Act of 1111, as amended

(16 USC 1531 et seq.)

Primary Purpose: To provide protection for animal and plant
species which are threatended with extinction.

Management Tools Employed: Environmental protection law, land
ar-quisitions, civil and driminal penalti:es, restruction of federal
activities, a listing of endangered or threatened species,
exemption for Alaskan Natives, permits, and hardship exemptiol'IS.,

Environmental Pollution from-Federal Facilities

(Executive Order 11752, 38 Federal Register 3479.3) 1973)
Primary Purpose: To prevent, control, and abate pollution from
federal facilities.

Management Tools Employed: Complianc-e with app@_J_cable environ-
mental protection laws, annual-plans, review authority and
exemptions.

Federal Aid Highway and Revenue Act of 1956, as amended

(23 USC 101229; 30406)

Primary Purpose: To provide federal funding for the planning
and construction of interstate, primary, secondary and urban
highways.
Management Tools Zmployed: Capital expenditures funding,
precedural requirements, relocation assistance, land acquisitiorf
eminent domain consistency with areawide planning, protection
for par k, recreation, wildlife, and historic areas.

Federal Aid in Wildlife Restoration Act of 1937, as amended

(16 USC 669a-i)

Primary Purpose: To provide federal matching funds to state
fish and game agencies for the acquisition and restoration.of
wildlife habitats.

I
Managment Tools Employed: Land acquisition, eminent domain
capital facilities funding, comprehensive fish and wildlife
plans, management plans, and statements of wildlife restoration
projects.

Federal,Insecticide, Fungicide, and Rodenticide Act of 1947,
as amended

(7 USC 135 et seq.)