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2015 Op. Alaska Att'y Gen. 1 (2015)

handle is hein.sag/sagak0091 and id is 1 raw text is: 

April 27, 2015

The Honorable Bill Walker
State of Alaska
P.O. Box 110001
Juneau, Alaska 99811-0001

                                          Re:    SB 70: HCS CSSB 70(RES): Natural gas
                                                pipeline right-of-way
                                                Our file: JU2015200282

Dear Governor Walker:

       At the request of your legislative director, we have reviewed HCS CSSB 70(RES),
relating to exceptions from designation as a special purpose site, under art. VIII, sec. 7 of
the Constitution of the State of Alaska, for portions of Denali State Park, Captain Cook
State Recreation Area, Nancy Lake State Recreation Area, and Willow Creek State
Recreation Area to allow leasing a right-of-way for a natural gas pipeline.

       The bill would open a portion of four state parks and recreation areas to leasing
under AS 38.35, the Alaska Right-of-Way Leasing Act, to make possible a natural gas
pipeline from the North Slope. For practical reasons, any North Slope gas pipeline route
to Southcentral Alaska would pass through Denali State Park. Denali State Park, like the
other state recreation areas included in the bill, has been reserved by the legislature and
removed from the public domain under art. VIII, sec. 7 of the Alaska Constitution.
Article VIII, sec. 8 of the Alaska Constitution only permits leasing of land in the public
domain As a result, it would be necessary to modify the statutes creating these parks and
recreation areas so right-of-way leasing would be permitted.  The bill would  allow  the
right-of-way leasing and would impose three kinds of limits on the opened land.

       First, the bill would have geographical limits permitting land leasing only in a
defined  corridor through   the  Denali State Park. The Alaska Gasline Development
Corporation   and  the Alaska liquefied natural gas (AKLNG) project partners were
consulted  to  ensure that the corridor opened to leasing was sufficiently broad to
accommodate the study areas for both the Alaska Stand Alone Pipeline (ASAP) project
and the AKLNG export line.

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