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Hyrdo Project Permits 1993
§ 818 among the several States shall before such con- struction file declaration of such intention with the Commission, whereupon the Commission shall cause immediate investigation of such pro- posed construction to be made, and if upon in- vestigation it shall find that the interests of interstate or foreign commerce would be affect- ed by such proposed construction, such person, association, corporation, State, or municipality shall not construct, maintain, or operate such dam or other project works until it shall have applied for and shall have received a license under the provisions of this chapter. If the Commission shall not so find, and if no public lands or reservations are affected, permission is granted to construct such dam or other project works in such stream upon compliance with State laws. (2) No person may commence any significant modification of any project licensed under, or exempted from, this chapter unless such modi- fication is authorized in accordance with terms and conditions of such license or exemption and the applicable requirements of this sub- chapter. As used in this paragraph, the term “commence” refers to the beginning of physical on-site activity other than surveys or testing. (June 10, 1920, ch. 285, § 23(b), 41 Stat. 1075; Aug. 26, 1935, ch. 687, title II, § 210, 49 Stat. 846; Oct. 16, 1986, Pub. L. 99-495, § 6, 100 Stat. 1248.) CODIFICATION Section consists of subsec. (b) of section 23 of act June 10, 1920, as so designated by act Aug. 26, 1935. Subsec. (a) of section 23 of act June 10, 1920, is set out as section 816 of this title. AMENDMENTS 1986—Pub. L. 99-495 designated existing provisions as par. (1) and added par. (2). 1935—Act Aug. 26, 1935, amended section generally, inserting first sentence, and substituting “with foreign nations” for “between foreign nations”, “shall before such construction” for “may in their discretion” and “shall not construct, maintain, or operate such dam or other project works” for “shall not proceed with such construction”. EFFECTIVE DaTE OF 1986 AMENDMENT Amendment by Pub. L. 99-495 applicable to licenses, permits, and exemptions without regard to when issued, see section 18 of Pub. L. 99-495, set out as a note under section 797 of this title. ‘TRANSFER OF FUNCTIONS The Federal Power Commission was terminated and its functions with regard to licenses and permits for dams, reservoirs, or other works for the development and improvement of navigation and for the develop- ment and utilization of power across, along, from, or in navigable waters under this subchapter were trans- ferred to the Federal Energy Regulatory Commission by sections 7172(a1A) and 7293 of Title 42, The Public Health and Welfare. § 818. Public lands included in project; reservation of lands from entry Any lands of the United States included in any proposed projection under the provisions of this subchapter shall from the date of filing of application therefor be reserved from entry, lo- cation, or other disposal under the laws of the TITLE 16—CONSERVATION Page 980 United States until otherwise directed by the commission or by Congress. Notice that such application has been made, together with the date of filing thereof and a description of the lands of the United States affected thereby, shall be filed in the local land office for the dis- trict in which such lands are located. Whenever the commission shall determine that the value of any lands of the United States so applied for, or heretofore or hereafter reserved or classified as power sites, will not be injured or destroyed for the purposes of power development by loca- tion, entry, or selection under the public-land laws, the Secretary of the Interior, upon notice of such determination, shall declare such lands open to location, entry, or selection, for such Purpose or purposes and under such restric- tions as the Commission may determine, sub- ject to and with a reservation of the right of the United States or its permittees or licensees to enter upon, occupy, and use any part or all of said lands necessary, in the judgment of the Commission, for the purposes of this subchap- ter, which right shall be expressly reserved in every patent issued for such lands; and no claim or right to compensation shall accrue from the occupation or use of any of said lands for said purposes. The United States or any licensee for any such lands hereunder may enter thereupon for the purposes of this subchapter, upon pay- ment of any damages to crops, buildings, or other improvements caused thereby to the owner thereof, or upon giving a good and suffi- cient bond to the United States for the use and benefit of the owner to secure the payment of such damages as may be determined and fixed in an action brought upon the bond in a court of competent jurisdiction, said bond to be in the form prescribed by the Commission: Pro- vided, That locations, entries, selections, or fil- ings heretofore made for lands reserved as water-power sites, or in connection with water- power development, or electrical transmission may proceed to approval or patent under and subject to the limitations and conditions in this section contained: Provided further, That before any lands applied for, or heretofore or hereafter reserved, or classified as power sites, are declared open to location, entry, or selec- tion by the Secretary of the Interior, notice of intention to make such declaration shall be given to the Governor of the State within which such lands are located, and such State shall have ninety days from the date of such notice within which to file, under any statute or regulation applicable thereto, an application for the reservation to the State, or any political subdivision thereof, of any lands required as a right-of-way for a public highway or as a source of materials for the construction and mainte- nance of such highways, and a copy of such ap- plication shall be filed with the Federal Power Commission; and any location, entry, or selec- tion of such lands, or subsequent patent there- of, shall be subject to any rights granted the State pursuant to such application. (June 10, 1920, ch. 285, § 24, 41 Stat. 1075; Aug. 26, 1935, ch. 687, title II, § 211, 49 Stat. 846; May 28, 1948, ch. 351, 62 Stat. 275.) Page 981 REFERENCES IN TEXT The public-land laws, referred to in text, are classi- fied generally to Title 43, Public Lands. AMENDMENTS 1948—Act May 28, 1948, inserted second proviso in last sentence so that States may apply for reservations of portions of power sites released for entry, location, or selection to the States for highway purposes. 1935—Act Aug. 26, 1935, amended section generally, inserting “for such purpose or purposes and under such restrictions as the commission may determine”, substituted “part” for “chapter” wherever appearing, and striking out from proviso “prior to June 10, 1920" after “made”. ‘TRANSFER OF FUNCTIONS The Federal Power Commission was terminated and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for cer- tain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare. SecTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3215 of this title; title 30 section 1014; title 43 section 1634. § 819. Repealed. Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847 Section, act June 10, 1920, ch. 285, § 25, 41 Stat. 1076, related to offenses and punishment. See section 825m et seq. of this title. § 820. Proceedings for revocation of license or to pre- vent violations of license The Attorney General may, on request of the commission or of the Secretary of the Army, in- stitute proceedings in equity in the district court of the United States in the district in which any project or part thereof is situated for the purpose of revoking for violation of its terms any permit or license issued hereunder, or for the purpose of remedying or correcting by injunction, mandamus, or other process any act of commission or omission in violation of the provisions of this chapter or of any lawful regulation or order promulgated hereunder. The district courts shall have jurisdiction over all of the above-mentioned proceedings and shall have power to issue and execute all neces- sary process and to make and enforce all writs, orders and decrees to compel compliance with the lawful orders and regulations of the com- mission and of the Secretary of the Army, and to compel the performance of any condition im- posed under the provisions of this chapter. In the event a decree revoking a license is entered, the court is empowered to sell the whole or any part of the project or projects under license, to wind up the business of such licensee conducted in connection with such project or projects, to distribute the proceeds to the parties entitled to the same, and to make and enforce such fur- ther orders and decrees as equity and justice may require. At such sale or sales the vendee shall take the rights and privileges belonging to the licensee and shall perform the duties of such licensee and assume all outstanding obli- gations and liabilities of the licensee which the court may deem equitable in the premises; and at such sale or sales the United States may TITLE 16—CONSERVATION become a purchaser, but it shall not be required to pay a greater amount than it would be re- quired to pay under the provisions of section 807 of this title at the termination of the li- cense. (June 10, 1920, ch. 285, § 26, 41 Stat. 1076.) REFERENCES IN TEXT Proceedings in equity, referred to in text, were abol- ished by the adoption of Rule 2 of the Federal Rules of Civil Procedure, Title 28, Appendix, Judiciary and Judicial Procedure, which provided that “there shall be one form of action to be known as ‘civil action’. CHANGE OF NAME The Department of War was designated the Depart- ment of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 contin- ued the military Department of the Army under the administrative supervision of a Secretary of the Army. ‘TRANSFER OF FUNCTIONS The Federal Power Commission was terminated and its functions with regard to licenses and permits for dams, reservoirs, or other works for the development and improvement of navigation and for the develop- ment and utilization of power across, along, from, or in navigable waters under this subchapter were trans- ferred to the Federal Energy Regulatory Commission by sections 7172(a(1A) and 7293 of Title 42, The Public Health and Welfare. FEDERAL RULES OF CIVIL PROCEDURE Application of rules, see rule 81, Title 28, Appendix, Judiciary and Judicial Procedure. One form of action to be known as “civil action,” rule 2. Writ of mandamus abolished, see rule 81(b). see Section REFERRED TO IN OTHER SECTIONS This section is referred to in section 806 of this title. § 821. State laws and water rights unaffected Nothing contained in this chapter shall be construed as affecting or intending to affect or in any way to interfere with the laws of the re- spective States relating to the control, appro- priation, use, or distribution of water used in ir- rigation or for municipal or other uses, or any vested right acquired therein. (June 10, 1920, ch. 285, § 27, 41 Stat. 1077.) § 822. Reservation of right to alter or repeal chapter The right to alter, amend, or repeal this chap- ter is expressly reserved; but no such alteration, amendment, or repeal shall affect any license theretofore issued under the provisions of this chapter or the rights of any licensee thereun- der. (June 10, 1920, ch. 285, § 28, 41 Stat. 1077.) § 823. Repeal of inconsistent laws All Acts or parts of Acts inconsistent with this chapter are repealed: Provided, That noth- ing contained herein shall be held or construed to modify or repeal any of the provisions of the » JUL 14 ’93 15:81 ADNR DIV. yoaw oe TO ~172 2 \ages fv Tom frmins ks gn Sé/- 856 f a 48 CFR 2627.1 National Forest Community Grant Selection and Blanket Top Filing State of Alaska 's;. | Department of Natural Resources -» Division of Land and Water Management * P.O. Box 107005 Anchorage, Alaska 99510-7005 Snettisham T.42S.,R.71E., CRM. Sections 26-28: Those lands lying up to and including the oat foot contour level; Section 31: NE1/4, E1/2NW1/4; Dare ‘ Section 32: N1/2, N1/2S1/2, SEV/4SE1/4; fey. Section 33: SWV/4SWW/4 and those lands lying up to and including the 900 foot : contour level; Sections 34-36: Those lands lying up to and including the 900 foot contour level. T.438.,R. 71E., CRM. Section1: SEV4NWV4SE1/4, SW1/4SE1/4, and those lands lying up to and © including the 900 foot contour level; Section 2: Those lands lying up to and including the 900 foot contour level; Section 4: NWU/4NW1/4; Section 5: NEWW/4NE1/4; Section 12: W1/2NEV/4NEV4, WI1/2NE1/4, EL/2NELV/4NW1/4, SEVA4NW1/4, NEL/4SW1/4, E1/2NW1/4SW 14, S1V/2SW/4, WV/2SE1/4; Section 13: N1/2, N1/2S1/2; Section 14: SL2SW1/4NEV/4, SEL4NEV4, SEV4SELVANW1/4, S1/2; Section 15: E1/2SE1/4 and those lands lying up to and inchading the 1100 foot contour level; Section 16; Those lands lying up to and including the 1100 foot contour level; Section 20: NE1/4 and those lands lying up to and including the 1100 foot contour level; Sections 21 and 22: Those lands lying up to and including the 1100 foot contour level; Section 23: NWI/4NEL4NE/4, NWU4NEL4. Containing 2,666 acres, more or less. Approximate Cumulative Acreage 424,363.20 BLM-Anchorage District eJUL 14 793 15:22 ADNR DIV. LAND/LRS ANCHORAGEASAR a P.2/2 NFCG SELECTION SNETTISHAM HYDROELECTRIC PROJECT AND RESERVOIRS 2666 Acres _ TakuRiverA6 "1,42 & 43S., R.71E., C.R.M. Tongass National Forest 3 eI ee Nee A Fax From The Alaska Erer, Authori A Public Corporation af the State of Alaska Ronald A- mn ata WASTE recy POUT RB cy Bo ‘Bos 190869 701 Hast Tudor reed dnodarnme: AK 99519-0869 Anchorage, AK 99503 Main Telephone Number (907) $61-7877 Fax Nurmber: (907) 361-8584 Deliver Fax to: _ Gass hind as Company Name: Company Address: FTrwwu Fax Phone #: Se o- 1359 Sender: Jory Alen on SET Sender's Phone # $6) = ASF erat? fe Sree 2f26/ 73 ee ee : ‘vou dons horage: (S69 st fy= cali: SPECIAL INSTRUCTIONS TO FAX RECIPIENT: flice _ f sot ee a LO 45+ VADs ca f! m ~~ fk pros ae stro ms ae aw SSS TRANSMISSION REPORT THIS DOCUMENT (REDUCED SAMPLE ABOVE) WAS SENT **K COUNT *#& # 8 #K SEND KK ino| REMOTE STATION I. D. START TIME | DURATION | #PAGES COMMENT i 9075861350 2-26-93 9:14 | 5'51" 8 TOTAL 0:05'51" 8 XEROX TELECOPIER 7020 Peninsula Clarion (Kenai ‘ Judge: Cook Inlet leases can go to trust By BRIAN S. AKRE Associated Press Writer JUNEAU — A judge has ruled that Cook Inlet oil and gas leases may be transferred to a new mental-health trust without violating the lease terms, but the issue is far from resolved, attorneys said Tuesday. The ruling by state Superior Court Judge Mary Greene of Fairbanks is an initial defeat for the oil companies that hold the state leases. They plan to appeal to the Alaska Supreme Court. “This is just the first round in the fight,’’ said Peter Maassen, an attorney for the companies. “Nothing's over yet.” Greene also ruled Friday that a state administrative order dealing with management of lands being considered for the trust is invalid because it was not adopted in compliance with the _ state Administrative Procedures Act. The ruling is the latest chapter in the long legal saga over the trust. It follows another ruling late last month in which Greene struck down a key part of the proposed trust settlement as unconstitutional. The Hickel administration persuaded the Legislature to approve the settlement two years ago. It was seen as a relatively quick way to end the costly, decade-old lawsuit challenging the Legislature’s dissolution of the trust in 1978. Congress created the 1 million-acre trust in 1956, designating proceeds from development and management of the lands to fund programs for mentally ill Alaskans. Advocates for the mentally ill sued the state over the dissolution, and the Alaska Supreme Court in 1985 ordered the state to recreate the trust. The settlement proposes to do that with original trust land and substitute land for those trust parcels that were sold or otherwise obligated. As security, the state agreed to designate 6.7 million acres that the trust could foreclose upon if the exchange is not completed by December 1994. But Greene ruled last month that the Legislature improperly delegated the task of preparing the list of security lands to a state agency, without the proper standards and procedural safeguards. Gov. Walter J. Hickel tried to persuade lawmakers to pass a bill to correct that problem in the final days of the recent legislative session, but failed. Attomey General Charlie Cole said he has not yet talked to Hickel about the possibility of a special session to address the issues Greene has raised. He declined to say what he would recommend to the govemor, who is out of state this week. On Friday, Greene ruled on challenges to the settlement brought by Marathon and Unocal oil companies. The companies say they want to keep the state as their landlord because it must consider the broader public interest in managing the leases. The trust, on the other hand, would be interested solely in getting the most money from the leases, Maassen said. In other words, the trust might seek larger royalties. uneau Empire ‘Snettisham | tangled in lands mess By DIRK MILLER THE JUNEAU EMPIRE Juneau's main electrical power source has become entwined in the lengthy attempt to resolve the state's mental-health trust lands dispute, and that could eventually translate into rate increases for consum- ers. But any land transfer, or electrical rate increase, appears years away The Snettisham hydroelectric project has been supplying Juneau with power since 1973. It is owned by the federal Alaska Power Administration, which is trying to sell the power plant to the state’s Alaska En- ergy Authority. The authority runs several other power projects, including the Bradley Lake Dam near Homer. But the state energy authority is not the only po- tential suitor for Snettisham. Also eyeing the power plant, about 28 miles southeast of Juneau, are plain- tiffs involved in a legal battle over mental-health trust lands The story of the trust lands dispute began a few years after Snettisham power was turned on. In 1978, the Legislature gave in to public pressure for land and dissolved a million-acre trust whose proceeds were to pay for programs to help mentally ill Alas- kans. The trust was created in 1956 by the federal government. Mental-health advocates sued, and in 1985 the Alas- ka Supreme Court said the Legislature had acted ille- gally and ordered the state to recreate the trust. Be- cause much of the original trust land had been sold, leased, given to municipalities, turned into state parks or otherwise used, that task has been difficult. A 2-year-old settlement, which is tied up in court, would recreate the trust using as much of the original land as possible, with a list of property to substitute when trust lands were not available. The Snettisham site is on the substitute list, along with several other Southeast hydroelectric sites in- cluding Swan Lake, Ketchikan’s major power source of electricity. Though Snettisham is on federal land. if the pro- ject is sold to the state it would become eligible for taking by the mental-health trust. Bruce Phelps, mental-health project manager for the state Department of Natural Resources, said the state opposes selection of many of the 550,000 acres statewide proposed as substitute trust lands. includ- ing Snettisham. But unlike the other hydropower _ sites, Snettisham’s chief allure for the mental-health trust is that it is exempt from federal requirements that prohibit charging for use of the land. That means the trust could make money from Snettisham, said Tom Arminski of the energy authority “If the plaintiffs got it. they could charge for its use,” he said. And that could affect Juneau’s power rates. “When you run a project, you have to recover your costs,” he said. ‘It'd probably be passed onto the con- sumer.” Steve Crapo of AEL&P said the change of owner- ship might eventually make its way to residents’ pow- er bills. ‘What becomes of wholesale rates has a great impact on AEL&P retail rates,” he said. Snettisham supplies more than 70 percent of the power used by Juneau's Alaska Electric Light & Pow- er Co., which then distributes it to consumers But Arminski and Meg Hayes. project manager for the mental health trust, say it is too early for consum- ers to worry. “There's a lot of ‘ifs’ in there."’ Hayes said. “It’s one we are evaluating.’ All this hinges on Congress passing a bill allowing the state energy authority to purchase Snettisham. the trust lands settlement surviving its latest court test, and the energy authority completing the deal Last year, a bill allowing the purchase failed to pass Congress. Phelps said it is also possible that Congress could restrict a new owner from charging for use of the land at Snettisham The mental-health trust settlement itself is not without its problems. Last month. Fairbanks Superior Court Judge Mary Greene struck down part of the legislatively negotiated settlement At least one of the attorneys for the mental-health plaintiffs says the ruling could prove fatal for the set- tlement. Legislation to fix the problem appears Stalled in the state Senate. Though Gov. Walter J. Hickel has told lawmakers he wants a solution this session to the issue, the Legis- lature has been unable to agree on a politically or fi- nancially affordable answer. The lawsuit has blocked activity on thousands of acres statewide, including lands with timber and coal reserves. FORUM / LETTERS _Anchorage Daily News C@®MPASS POINTS OF VIEW FROM OUR COMMUNITY Rural Alaska’s dependence on oil augurs a dim future By FRANK KEIM MARSHALL ~— I've lived on the Lower Yukon Delta for 14 years and have seen a great deal of change here. Some of it has been good, such as the satellite tele- phone and television linkages t the outside, the better delivery ¢ Then there is the seemingly end- health services, and the increaseless supply of snowmachines we value placed on education broug}accumulate in the villages every about by the new high schools iyear. 1 own two myself and so the villages. understand how useful they can be But there is one change that fzbut also how tctally inefficient outweighs all the others in both itthey are. None that I know of gets universal impact on our lives anthe mpg of even a four-wheel-drive its potential damage to our futur:pickup. - This is our dependence on petr And consider the State’s Power leum products. Cost Equalization Program and the Petroleum has made our live federal government's basic subsidy out here so much easier in almo:to AVEC, both of which do nothing every domain. And yet, in*eacto promote efficient energy con- instance the evidence is superabusumption by village households. dant that we are squandering So, you ask, how does all this now at the expense of future gene demonstrate that we do not need ations who may wish to contini the extra oil the petroleum corpo- living in our villages. Let me.cite rations imagine exists in the coast- few examples. E ae al plain of ANWR? Maybe we One of jthe most evident is t] really do need it? cost of’ fuel f power,opur AVF But hold on! Think a little bit generators — a’ whopping $90,0\ longer about this one. to $95,000 “per bear te Villaj If we continue to exploit every (pop. 350)*aloné!” The’ generat field of oil there is in this most provide power ‘to homes, most” beautiful state of ours, we not only which are among ‘the! most inef: destroy the environment but ‘also cient in“Alaska. ‘Evenhe‘16:bra1 continue pell mell in the direction new hdmies ¥aré ‘Hot ‘éxeript' fr indicated above. In this sceriario criticisiieDheir“ptateiot the, ar there is no impetus, no motivating water ‘and ,sewer systems swe force, to’search’for alternative soft outfitted, with.so much heat,fa energy solutions that we will Heed ‘ . . : in the not-too-distant future when that the tost of electricity for ea the oil does truly..run. out. If- we house is feported to be as much j,;don't begin very soon to transition st) Pee ae there" i ‘new wind, solar and ‘other alterna- en, ‘ourse, ere’s a ile sige yen uses about 40 percesaeed eat ey of the electricity generated t becomé: AVEC and possibly 60 percent ben eget eaves ee Sealy the oil used by the entire villa; since it has few elements of energy conservation included in its design And we can't forget the innumera- ble community structures that were built during the improvident ‘80s with no planning whatsoever for future heating and mainte- nance costs. Another example of waste and inefficiency is the number of air- plane flights we have in and out of the village. Anywhere between four and six flights daily not only ferry the few passengers but also Supply.-all .of.,the. groceries. and ; consumey goods; people have been » convinced they need here. These _ include ‘tons of soda pop (empty calories) and. other highly-‘pack- aged, ‘nonrecyclable refined carbo-' shydrate foods Ww! are not onl¥i fdetrimental: to*human health but: ‘also. to thé natufal environment because of the solid waste disposal nightmare .we +nave in the Bush. are, out -of tind tédetals Even the 16 brand new homes are not exempt from criticism. Their “‘state of the art’’ water and sewer systems were outfitted with so much heat tape that the cost of electricity for each house is reported to be as much as $300 per month. lion to bring back into compliance self-sustaining communities over prompts me to compare any status the long haul, and the children I teach today will have to move to quo scenario to a financial black Bethel or Anchorage to live out hole that may help eventually to marginal lives there *ijbarkrupt the ’staté treasury. There are also other negative For the present, we've got factors to consider in a status quo < enough oil from sources other than scenario — namely, the ever in-. ANWR to sustain us a while longer creasing contamination of commu- at more or less reasonable prices nity fresh water supplies, for- And the damage §s still not too which oil-based products are res great-to our -way*of life in the sponsible. Do we want this, and. .Bush..But if. ANWR is developed the cumulative pollution 6f and the status quo continues in- streams and rivers that it leads t6?__ tact, and we ignore alternative And think of the deleterious conse- approaches to this terrible fossil ‘quences for-future fish -harvests.~ ‘fuel’ dependency of ours, then we *Already- fishermen have reported::'.delay ‘immeasurably the. brighter Yukon burbot with kidney.prob--." future that could await most rural ‘lems. What next? Look at. the . Alaskans,:.° % 2. gf quality of marine life in the Loy .. And One final thought. Why not 48! * Save the oil for future generations? " Finally, the-‘recent news that™ One day wé might need ‘it. most of Alaska’s rural:tank farms -: 7 rr sees mpliance. with state... [2] Frank Kelm teaches in the Marshall laws and will-jcost:i, public. school SS eas At between $200 million and $400 mil-"""L* = Petersburg Pilot ‘New plan passed to pay for interties . The Alaska State Senate gave final legislative approval to construction of a power trans- mission intertie between the Tyee Lake and Swan Lake Hy- dro-Electric Projects. The Senate passed the mea- sure in a 19-1 vote on May 10th which accepted changes to the legislation made in the State House. The bills now go to the Governor for his signature. The Tyee/Swan intertie is part of a bill package that will also fund intertie projects in the Railbelt and in other areas of the state. Senate Bills 106/126 also phase out the Alaska Energy Authority, shifting that agencies responsi- bilities to the Department of Community and Regional Af- fairs and to the Alaska Indus- trial Development and Export Authority. Under the provisions of the bills, the Tyee/Swan project would receive a 15-year, $20 million loan from the Railbelt Energy Fund. Additional fund- ing would come from the bond- ing capacity of AIDEA. The legislation also establishes a new Southeast Energy Fund which will receive 40-percent of the income stream from the Four Dam Pool. That income is estimated at about $4 million , per year, and would be used to pay off the loan and the bonds, The first year’s revenue from the Four Dam Pool into the Southeast Energy Fund is ear- marked as a grant to Ketchikan Public Utilities for expenses related to the Tyee/Swan Pro- ject. The Tyee/Swan intertie will make surplus power from the Tyee Lake Project available to Ketchikan. The communities of Wrangell and Petersburg would have first right to that, power. KPU has signed an in- tent agreement with Ketchikan Pulp Company to purchase sur- plus power once the intertie is complete. In a statement issued re- cently Senator Robin L. Taylor said the revised bill is even'bet- ter than the original Senate ver- sion, which provided a $35 mil- lion grant. ; “Under this revision”, Tay- lor said, “we not only build the Tyee/Swan intertie, we also capture 40-percent of the rev- enue from the Four Dam Pool for use in future projects. Southern Southeast will have its own revenue source and that means a regional grid in the not too distant future... -: In other action, .the.Senate also approved a capital spending plan that includes $1.8 millior for the Bradfield Road Project The funding will go toward ar Environmental. Impact State- ment and for preliminary engi- neering. The Bradfield Road along with funding for road ac- cess. to Juneau, is included ir capital funding for projects ir Senate District A. , Mental-health trust settlement in trouble | By BRIAN S. AKRE The Associated Press JUNEAU — Pressure is mounting on the legislature to make substan- tial changes to the proposed settle- ment of the mental-health trust lands dispute, which has become bogged down in court with no final resolu- tion in sight. Even the Hickel administration, which persuaded the legislature to adopt the settlement two years ago, is less enchanted with it now. Gov. Wally Hickel recently said the state may scuttle it. Two years ago, Hickel saw the settlement as a way to end an expen- sive, decade-old lawsuit and spur development at the same time. But so far it has not worked out that way. The roots of the dispute go back to 1956, when Congress created the 1 million-acre mental-health trust. Pro- ceeds from development and manage- ment of the lands were to fund programs for mentally ill Alaskans. But the legislature, under pressure coalition of development and envi- land to sell, exchange or develop it. to make the valuable property avail- able for other uses, abolished the trust in 1978. Advocates for the men- tally ill sued, and the Alaska Su- preme Court in 1985 ordered the state to recreate the trust. Mental-health advocates lobbied for a cash settlement. But the Hickel administration opposed the price tag — a 1990 settlement proposal valued the trust lands at $2.2 billion. Attor- ney General Charlie Cole instead negotiated a land-based settlement. Negotiations over the land selec- tions have dragged on since. The proposed selections and the original trust lands, some of which are in private hands, remain in legal limbo. Selections include tracts with state oil and gas leases in Cook Inlet, land being considered for ski resorts at Hatcher Pass and Girdwood, and parcels surrounding most of the hy- droelectric projects in southeast Alas- ka. That has the state and an unusual ronmental groups worried. The coalition has joined the group of mental-health plaintiffs who op- pose the settlement to lobby the legislature for major revisions. They generally want lawmakers to do away with the land exchange and instead provide a guaranteed, fixed percentage of state revenue for men- tal-health programs. Even before the land selections were made, a coalition of tourism, fishing, environmental and other groups sued to challenge the constitu- tionality of the settlement. The administration, meanwhile, recently notified the parties involved that the state will terminate the agreement in 60 days if one of the major problems it has caused is not resolved by then. That problem involves more than 3,000 people, so-called third parties, who own some of the original men- tal-health land. Because of the litiga- tion, they cannot get clear title to the | Ketchikan Daily News By JENNIFER STEINER Daily News Staff Writer In the ongoing attempt to replenish its coffers, the Mental Health Trust has selected land surrounding most of the major hydroelectric power plants in Alaska. In the Southeast, that translates to Swan Lake, where Ketchikan gets most of its power, and the Tyee Lakes project, a future power source. If Mental Health obtains property around the power plants, electricity bills in the region could rise. According to Meg Hayes, project manager for the Mental Health Trust, the 600-acre site at Swan Lake has been selected by the trust as proposed substi- tute lands. The Ketchikan Public Utility currently buys its power from the Swan Lake power plant, the major power supplier for Ketchikan. ‘According to Tom Arminski, the per- mits and rights of way specialist for the Alaska Energy Authority, the Tyee Lakes project, Bradley Lake, Soloman Gulch, and Snettisham Project have also bees selected, all major power suppliers around Alaska. y that will eventually affect com- s around the state is yet to be determined, but according to Arminski and Andy Pekovich at the Department of Natural Resources, higher rates could result if Mental Health charges larger fees than the federal government. For example, the land at Swan Lakeis currently federal land, Pekovich said. It had been selected by the state to be transferred to state ownership because of fees that are starting to be d for | the use of forest service land. | “The reason we selected the land was | to keep (utility) rates reasonable,” Pekovich said. “If mental health gets {the land) our reason for having selected it could go by the wayside.” . KPU's contract with Swan Lake is through the AEA. It runs through the 2000, according to Tom Stevenson, Ketchikan Public Utility manager. After that, a new contract would be renegoti ated. If the trust is successful in its bid for the land, however, the Alaska Energy Authority no longer would be leasing the land from the forest service, but from the trust, which could then raise its rates. Currently, according to Arminski, the AEA pays a small fee to the forest service for use of the land at Swan Lake. This amounts to several thou- sand dollars rly in land-use fees. That change if the land goes to the trust, however. “The reason we're concerned about these nominations is that one of the reasons we sought state ownership was so that we could avoid a federal land- use fee,” Arminski said. “Our concern is that if these lands are traded ... we'd fee aren any Bey, burdened with fees we aren't even having to pay right now.” Any additional fees would eventu- ally be passed on to the customers, Arminski said. The customer at Swan Lake is KPU. But Stevenson said the contract KPU has with the ABA is secure — at least until the year 2000. Gloria Manni, director of account- ing and administration with the AEA, said she didn’t know what would hap- pen if the trust received the land and raised its rent. She agreed the contract with KPU Land swap could raise electricity bills land around the state that is cither original trust land, or what is called ‘p substitute" lands. Meg Hayes with the trust said the process is far from over. The selection of Swan Lake was made by the trust and then taken to the state, she said. The state is currently in the process of reviewing the selec tions. If the state approves them, the selec- tions will eventually go through a pub- lic So during which time, the | ublic can protest any property se- | ected. The state, however, would then. | have to weigh the public's disapproval | with the overall lawsuit, she said. | One of the problems for the South- east, she said, was that so much of the original trust land came from the South- east. ’ There's alittle piece of heaven there in Southeast Alaska. Both for the people aly live there and for the trust,” Hayes Pekovich said the selection poses problems for his department. Just denominating the land from the state's selection process won't work, "There's a little piece of heaven there in Southeast Alaska. Both for the people who live there and for the trust." —Meg Hayes runs through 2000. However, ‘any agreement can be renegotiated,” she said. “But that was quite a labor-inten- sive agreement to put together.” Swan Lake and the other hydroelec- tric projects are just one part of amuch larger picture when it comes to replen- ishing the trust. The trust has been dealing with the Ketchikan Gateway Borough over origi- nal trust land in the borough. About half of the borough's entitlement lands were originally trust lands given to the borough by the state. The trust has since sued the state over what it called mismanagement of the trusts resources. It is in the process of settling with the state by reclaii he said, since the trust can both nomi- nate land that has been selected or pick land want the state to select. And DNR is trying to settle the issue Sate err a problem selections in relationship to the overall settlement. 2 And on a regional basis, the Swan Lake selection isaproblem. ~~ | What Pekovich said he didn't want | was to have the public panic. | “It's a long way off. A lot could | happen between now and 1994," when the settlement should be complete. *I know your job is to keep the public informed,’ Pekovich said. “But we try not to get them too excited." - a Firms may protest lands case By BRUCE MELZER Daily News business reporter Two oil companies won a judge’s approval Friday to contest a controversial set- tlement of the contentious mental health land case. Superior Court Judge Meg Green ruled that Marathon Oil Co. and Union Oil Co. of California can protest the state’s ability to give away Cook Inlet oil and gas leases to help settle the 11-year-old case, according to Peter Maassen, the companies’ at- torney. Mental health lawyers say the settlement allows a new mental health land trust to take over the leases. Indeed, Jim Gottstein, one of the mental health lawyers sup- porting the settlement, said he can’t find a million valu- able acres without the oil and gas properties. But the oil companies don’t want a new landlord to step in, Maassen said. The | chance that leases might be transferred wasn’t part of the deal when the leases were first negotiated, Maas- sen said. If the oil companies win their argument, it could send the proposed settlement down the tubes, Gottstein said. He argues the state has LAND: Oil companies get OK to contest settlement. as much right to transfer oil and gas leases as it does mining claims or any other land or leases. The case centers around attempts to remake a mil- lion-acre land trust set up by the federal government 30 years ago to pay for mental health programs for Alas- kans. Courts have ruled that the state illegally wiped out that first trust and have ordered a new one created. That led to a controversial 1991 settlement to re-create the trust by transferring state land into a new trust. The settlement has been opposed in court by environ- mental groups, some of the lawyers representing the mentally ill and now the oil companies. A group representing peo- ple with Alzheimer’s disease had doubts about the settle- ment and tried to intervene in the case late last year with their own lawyer. Judge Green rejected: that intervention earlier this month, saying the settle- ment was too far along, ac- cording to Traeger Mache- tanz, lawyer for the group. Oil and gas leases aren’t the only high ‘profile land picks the mental health law- yers have sought. Past choices included land slated for ski resort expansion in Girdwood and-Alaska’s only working coal mine. | In a recent round of land | nominations, the mental health lawyers also have claimed the land under and around three hydroelectric dams in South Alaska: Tyee Lake, near Petersburg; Swan Lake, outside of Ketchikan; and Snettisham, outside Juneau. That’s ac- cording to Bruce Phelps, of the state Department of Nat- ural Resources, and Craig Lindh, a consultant to the mental health lawyers. Other recent land picks nclude Dorothy Lake, an area proposed for expanding, the Snettisham project if Ju-! neau’s electrical demand in-\ creases, Lindh said. If the mental health trust gains title to the land, who- ever owns the dams gets to keep them, Lindh said. They would just have to pay some type of lease fee or royalty to the trust, he said. Mental health lawyers al- so have claimed downtown Juneau land on Telephone Hill slated for state office expansion. Meg Hayes, proj- ect manager for the mental health lawyers, said they would want the site only if he state chooses. not to build there. _in Brief: MENTAL HEALTH LAND Alaska Department of wm) NATURAL RESOURCES Division of Land and Water * January, 1991 The Mental Health Enabling Act In 1956, the U.S. Congress granted the Territory of Alaska one million acres of land to be used first to fund mental health programs. Any funds left over could be used for other public purposes at the discretion of the legislature. Land was selected under the Mental Health Enabling Act between 1956 and 1966', and included areas along transportation routes and near the state’s population centers. Mental health lands were managed by the state as trust land, and, in 1976, the Mental Health Trust Board was established to provide oversight. Under the enabling act, mental health land could be sold. By 1978, 19,800 acres had been sold to individuals. Income received from mental health land and resources was placed in a separate account within the general fund. As the state’s population grew, so did pressure to use these lands for purposes that might produce little or no revenue. Among those uses were municipal expansion, public facilities, utilities, recreation and charitable activities. Redesignation and Litigation In 1978, the legislature redesignated the mental health land as general statehood grant land to be managed similar to other state land. In return, the legislature was to annually appropriate L5 percent of the state’s annual income from land and resources to the mental health trust. However, the legislature did not appropriate the money,” and on November 26, 1982, a class action law suit was filed in Superior Court on behalf of several mental health beneficiaries (Weiss v. State of Alaska). ~ In 1984, the Superior Court directed the state to pay the trust for the mental health land redesignated as general statehood grant land in 1978. In order to value that land, the state produced an accounting of mental health land and assembled a panel of three appraisers to assign a 1978 value to the redesignated lands.* The Superior Court decision was appealed to the _ Alaska Supreme Court and, on October 4, 1985 that court invalidated the 1978 redesignation. The court required the state to restore the mental health land holdings as much as possible to their pre-1978 status and to compensate the trust for the value of the land already conveyed, minus prior state expenditures made for mental health programs’. The Supreme Court decision also returned the case to the Superior Court so that the remaining issues could be decided. As a result, income from mental health land transactions again began to flow into a specially designated mental health trust account within the state’s general fund. In addition, the Department of Natural Resources adopted safeguards to prevent further diminution of the trust (Department Order 121); appointed an Interim Mental Hesith Trust Officer; and audited mental health land status as of the 1985 court decision.* Legislative Action In 1986, the legislature passed two bills affecting mental health land. The bills established two bodies: a five-member Interim Mental Health Trust Commission to oversee management of mental health trust land and to develop recommendations for legislation relating to those lands and mental health programs of the state; and a Joint Special Committee on Mental Health Trust Land to hold public hearings and develop a proposal to resolve the mental health trust litigation, particularly from the aspect of annual funding levels for mental health programs. Based upon the recommendations of the Commission and the Committee, the 1987 legislature passed a bill initiating a mechanism for settlement. A three-member Interim Mental Health Trust Commission was established and charged with approving procedures for the Department of Natural Resources’ commissioner to use to determine the fair-market-value of mental health land as of September 7, 1987 (the effective date of the bill); selecting land within legislative designations to equal the value of the original mental health land granted to the state; and continuing oversight of mental health land management. The framers of the bill envisioned a designation “switch,” that would release existing mental land from trust status, and replace it with land within legislative designations, such as parks and refuges. The designated land would then be leased trom the trust at e1gnt percent of its vaiue. -The proposal would secure the trust with land already removed from the Public Domain, and provide income to the trust through rental of the land. The 1987 bill also established a separate board to consider state mental health needs and funding levels. Valuation In 1988, the commission contracted with nine independent fee appraisers to determine the fair- market-value of the surface estate of mental health land. The appraisers set that value at $511.9 million. However, attorneys for the plaintiffs and intervenors disagreed and hired their own review appraisers. These review appraisers, operating under the direction to determine "the highest value supported by market data” concluded that the surface estate was worth $833.3 million. The commission initially decided that there were insufficient data to establish a sub-surface value. Instead, lands with mineral potential were to be replaced with land of similar potential. However, the attorneys for the plaintiffs and intervenors hired a consultant who established a sub-surface value of $1.5 billion. This value was challenged by several independent experts who concluded that it was not fair-market-value and could not be supported. In December, 1989, the commission adopted a value of $2.23 billion for all mental health land. A minority report was prepared by the department establishing the fair-market-value of mental health land at $564 million. The Commissioner of Natural Resources disagreed with both values, stating that they did not reflect the fair-market-value required by the legislation, and declared an impasse. 1990 Actions In the 1990 legislative session, several alternatives were proposed to resolve this issue. A bill was introduced removing the fair-market- value requirement from the 1987 legislation, adopting the commission’s $2.23 billion figure and providing for a periodic land revaluation index based on muMic:pal 1and assessments. Ins viulue would then be the basis for future mental heaith program expenditures. However, many lesis!ators opposed this approach because it would cause tie mental health revenue account to exceed the entire state general fund within a relatively short time-frame. The 1990 legislature eventually passed SB 493 allocating up to six percent of the state’s annual unrestricted general fund revenue to the mental health income account, and redesignating over nine million acres of legislatively designated land as mental health land to secure the trust. In return, the original mental health trust land was redesignated to general state land status. The legislature remains responsible for determining mental health program expenditure levels. However, mental health advocates did not support the bill. On July 9, 1990, the Superior Court granted a temporary injunction preventing the state from taking any further action on mental health land. On September 7, 10, and 11, attorneys for the mental health litigants filed a Notice of Lis Pendens on the million acres of mental health land. The notice warns people that the title to the property is in litigation, and that they are in danger of being affected by an adverse judgement. This notice is affecting many private transactions as Alaskans attempt to sell their properties, or use them as collateral. The state petitioned the court to mitigate the effects on third party owners of mental health land and allow the state to issue patent for land that has been paid for. The court refused, however, stating that the plaintiffs "would be within their rights to litigate the issue of third- party rights." Still pending is a motion by the state for declaratory judgement to determine whether the plaintiffs are entitled only to monetary compensation for the prior transfer of mental health land to third parties. Another outstanding issue yet to be addressed by the court is whether the 1990 legislation complies with the 1985 Supreme Court Weiss decision. Endnotes State records show that 1,005,843.38 acres of mental health land have been received by the state under the mental health grant. The state is involved in a survey recalculation project to rectify this apparent over-conveyance. The 1.5% appropriation would have amounted to approximately $71 million by the end of FY 82; it would have grown to $147 million by the 1985 Supreme Court decision. The 1978 value of mental health land in state ownership as of the redesignation in 1978 was established under this process as $281,997,805. Brought forward to July, 1985 at 10.5% settlement interest, the total was estimated at $567,259,354. Total income for mental health land from 1959-1977 was $25,110,430. State mental health expenditures during this same period were $115,364,054 with an additional $16,430,771 being spent on alcohol and drug abuse programs. 1985 mental health land status: Mental Health Land no longer in state ownership The following conveyances were not disputed by mental health plaintiffs in 1985: 46,000 acres were sold to individuals 5,000 acres were condemned for the Chena River Lakes flood control project. (Total remaining mental health land: 949,000 acres) The following conveyances were disputed by the mental health plaintiffs: 43,000 acres conveyed to municipalities *36,000 acres were conveyed to Native corporations *3,000 acres were conveyed to the University of Alaska (Total remaining mental health land: 867,000 acres) *These conveyances were made under litigation settlement agreements and land exchanges. Encumbrances 368,000 acres were legislatively designated for parks, etc. 6,685 acres were under land lease 54,600 acres were under coal lease 131,900 were under oil & gas lease 4,500 acres were covered by inter-agency land management assignments or transfers - (e.g. for state facilities) _ 1,900 acres were covered by material sales 28,000 acres supported timber sales 62,000 acres were covered by state mining claims JERI by FAX MEMORANDUM DATE: January 29, 1993 TO: Jim Baldwin Assistant Attorney General Department of Law. C FROM: Permit and Rights-of-Way Specialist Alaska Energy Authority SUBJECT: Mental Health Trust Land Settlement Pursuant to our recent conversation, I am attaching a listing of permits for Alaska Energy Authority's hydroelectric projects. Generally, all use of state lands is provided by lease, ROW or ILMA. The ILMA's are not for significantly large areas, however. The use of federal lands is granted by permits from the federal agency managing the lands and/or the license from FERC. In instances where the state has selected federal lands for conveyance, the FERC must approve such conveyances and conveyance probably would be made subject to Section 24 of the Federal Power Act I am attaching Section 24 for your reading. Its terms may prevent the Mental Health Trust from charging land use fees. See what you think. Other questions are: ° Is federal servitude a bar to conveyance or inclusion into the trust? . Are there any reasons why the state (Mental Health Trust) would be barred from charging itself (Alaska Energy Authority) land rents? ° Could charging land rents by the Mental Health Trust this be viewed as some form of illegal taxation since the payers of land use fees will ultimately be the electric utility rate payers? I am trying to provide Department of Natural Resources (DNR) with some reasons why the hydro lands should not, or can not be included in the Trust Settlement. They would like to have a position paper from us by February 5, 1993. Therefore, any ideas or guidance before that date will be welcome. Do not hesitate to contact me if you want to discuss this further. Thank you. TJA:nk Enclosures as stated. 93QI\NK4260(1) Page | of 2 § 818 among the several States shall before such con- struction file declaration of such intention with the Commission, whereupon the Commission shall cause immediate investigation of such pro- posed construction to be made, and if upon in- vestigation it shall find that the interests of interstate or foreign commerce would be affect- ed by such proposed construction, such person, association, corporation, State, or municipality shall not construct, maintain, or operate such dam or other project works until it shall have applied for and shall have received a license under the provisions of this chapter. If the Commission shall not so find, and if no public lands or reservations are affected, permission is granted to construct such dam or other project works in such stream upon compliance with State laws. (2) No person may commence any significant modification of any project licensed under, or exempted from, this chapter unless such modi- fication is authorized in accordance with terms and conditions of such license or exemption and the applicable requirements of this sub- chapter. As used in this paragraph, the term “commence” refers to the beginning of physical on-site activity other than surveys or testing. (June 10, 1920, ch. 285, § 23(b), 41 Stat. 1075; Aug. 26, 1935, ch. 687, title II, § 210, 49 Stat. 846; Oct. 16, 1986, Pub. L. 99-495, § 6, 100 Stat. 1248.) CODIFICATION Section consists of subsec. (b) of section 23 of act June 10, 1920, as so designated by act Aug. 26, 1935. Subsec, (a) of section 23 of act June 10, 1920, is set out as section 816 of this title. AMENDMENTS 1986—Pub. L. 99-495 designated existing provisions as par. (1) and added par. (2). 1935—Act Aug. 26, 1935, amended section generally, inserting first sentence, and substituting “with foreign nations” for “between foreign nations”, “shall before such construction” for ‘may in their discretion” and “shall not construct, maintain, or operate such dam or other project works” for “shall not proceed with such construction”. Errective Date oF 1986 AMENDMENT Amendment by Pub. L. 99-495 applicable to licenses, permits, and exemptions without regard to when issued, see section 18 of Pub. L. 99-495, set out as a note under section 797 of this title. ‘TRANSFER OF FUNCTIONS The Federal Power Commission was terminated and its functions with regard to licenses and permits for dams, reservoirs, or other works for the development and improvement of navigation and for the develop- ment and utilization of power across, along, from, or in navigable waters under this subchapter were trans- ferred to the Federal Energy Regulatory Commission by sections 7172(aX1A) and 7293 of Title 42, The Public Health and Welfare. $818. Public lands included in project; reservation of lands from entry Any lands of the United States included in any proposed projection under the provisions of this subchapter shall from the date of filing of application therefor be reserved from entry, lo- cation, or other disposal under the laws of the TITLE 16—CONSERVATION Page 980 United States until otherwise directed by the commission or by Congress. Notice that such application has been made, together with the date of filing thereof and a description of the lands of the United States affected thereby, shall be filed in the local land office for the dis- trict in which such lands are located. Whenever the commission shall determine that the value of any lands of the United States so applied for, or heretofore or hereafter reserved or classified as power sites, will not be injured or destroyed for the purposes of power development by loca- tion, entry, or selection under the public-land laws, the Secretary of the Interior, upon notice of such determination, shall declare such lands open to location, entry, or selection, for such purpose or purposes and under such restric- tions as the Commission may determine, sub- ject to and with a reservation of the right of the United States or its permittees or licensees to enter upon, occupy, and use any part or all of said lands necessary, in the judgment of the Commission, for the purposes of this subchap- ter, which right shall be expressly reserved in every patent issued for such lands; and no claim or right to compensation shall accrue from the occupation or use of any of said lands for said purposes. The United States or any licensee for any such lands hereunder may enter thereupon for the purposes of this subchapter, upon pay- ment of any damages to crops, buildings, or other improvements caused thereby to the owner thereof, or upon giving a good and suffi- cient bond to the United States for the use and benefit of the owner to secure the payment of such damages as may be determined and fixed in an action brought upon the bond in a court of competent jurisdiction, said bond to be in the form prescribed by the Commission: Pro- vided, That locations, entries, selections, or fil- ings heretofore made for lands reserved as water-power sites, or in connection with water- power development, or electrical transmission may proceed to approval or patent under and subject to the limitations and conditions in this section contained: Provided further, That before any lands applied for, or heretofore or hereafter reserved, or classified as power sites, are declared open to location, entry, or selec- tion by the Secretary of the Interior, notice of intention to make such declaration shall be given to the Governor of the State within which such lands are located, and such State shall have ninety days from the date of such notice within which to file, under any statute or regulation applicable thereto, an application for the reservation to the State, or any political subdivision thereof, of any lands required as a right-of-way for a public highway or as a source of materials for the construction and mainte- nance of such highways, and a copy of such ap- plication shall be filed with the Federal Power Commission; and any location, entry, or selec- tion of such lands, or subsequent patent there- of, shall be subject to any rights granted the State pursuant to such application. (June 10, 1920, ch. 285, § 24, 41 Stat. 1075; Aug. 26, 1935, ch. 687, title II, § 211, 49 Stat. 846; May 28, 1948, ch. 351, 62 Stat. 275.) Page 979 TRANSFER OF FUNCTIONS The Federal Power Commission was terminated and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for cer- tain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare. FEDERAL RULES OF CIVIL PROCEDURE Procedure in condemnation proceedings, see rule 71A, Title 28, Appendix, Judiciary and Judicial Proce- dure. Cross REFERENCES Jurisdiction of Federal courts, amount to exceed $10,000, see section 1332 of Title 28, Judiciary and Ju- dicial Procedure. $815. Contract to furnish power extending beyond period of license; obligations of new licensee Whenever the public interest requires or jus- tifies the execution by the licensee of contracts for the sale and delivery of power for periods extending beyond the date of termination of the license, such contracts may be entered into upon the joint approval of the commission and of the public-service commission or other simi- lar authority in the State in which the sale or delivery of power is made, or if sold or delivered in a State which has no such public-service commission, then upon the approval of the commission, and thereafter, in the event of fail- ure to issue a new license to the original licens- ee at the termination of the license, the United States or the new licensee, as the case may be, shall assume and fulfill all such contracts. (June 10, 1920, ch. 285, § 22, 41 Stat. 1074.) ‘TRANSFER OF FUNCTIONS The Federal Power Commission was terminated and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for cer- tain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), T171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare. All executive and administrative functions of the Federal Power Commission were, with certain reserva- tions, transferred to the Chairman of such Commis- sion, with authority vested in him to authorize their performance by any officer, employee, or administra- tive unit under his jurisdiction, by Reorg. Plan No. 9 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under section 792 of this title. $816. Preservation of rights vested prior to June 10, 1920 The provisions of this subchapter shall not be construed as affecting any permit or valid exist ing right-of-way granted prior to June 10, 1920, or as confirming or otherwise affecting any claim, or as affecting any authority heretofore given pursuant to law, but any person, associa- tion, corporation, State, or municipality hold- ing or possessing such permit, right-of-way or authority may apply for a license under this chapter, and upon such application the Com- mission may issue to any such applicant a li- cense in accordance with the provisions of this subchapter and in such case the provisions of TITLE 16—CONSERVATION § 817 this chapter shall apply to such applicant as a licensee under this chapter: Provided, That when application is made for a license under this section for a project or projects already constructed the fair value of said project or projects determined as provided in this section, shall for the purposes of this subchapter and of said license be deemed to be the amount to be allowed as the net investment of the applicant in such project or projects as of the date of such license, or as of the date of such determi- nation, if license has not been issued. Such fair value shall be determined by the Commission after notice and opportunity for hearing. (June 10, 1920, ch. 285, § 23(a), 41 Stat. 1075; Aug. 26, 1935, ch. 687, title II, § 210, 49 Stat. 846.) CODIFICATION Section consists of subsec. (a) of section 23 of act June 10, 1920, as so designated by act Aug. 26, 1935. Subsec. (b) of section 23 of act June 10, 1920, is set out as section 817 of this title. AMENDMENTS 1935—Act Aug. 26, 1935, amended section generally, substituting “part” for “chapter” wherever appearing, substituting “heretofore” for “then”, and substituting the last sentence for “Such fair value may, in the dis- cretion of the commission, be determined by mutual agreement between the commission and the applicant or, in case they cannot agree, jurisdiction is hereby conferred upon the district court of the United States in the district within which such project or projects may be located, upon the application of either party, to hear and determine the amount of such fair value.” TRANSFER OF FUNCTIONS The Federal Power Commission was terminated and its functions with regard to licenses and permits for dams, reservoirs, or other works for the development and improvement of navigation and for the develop- ment and utilization of power across, along, from, or in navigable waters under this subchapter were trans- ferred to the Federal Energy Regulatory Commission by sections 7172(aX1A) and 7293 of Title 42, The Public Health and Welfare. $817. Projects not affecting navigable waters; neces- sity for Federal license, permit or right-of-way; unauthorized activities (1) It shall be unlawful for any person, State, or municipality, for the purpose of developing electric power, to construct, operate, or main- tain any dam, water conduit, reservoir, power house, or other works incidental thereto across, along, or in any of the navigable waters of the United States, or upon any part of the public lands or reservations of the United States (in- cluding the Territories), or utilize the surplus water or water power from any Government dam, except under and in accordance with the terms of a permit or valid existing right-of-way granted prior to June 10, 1920, or a license granted pursuant to this chapter. Any person, association, corporation, State, or municipality intending to construct a dam or other project works, across, along, over, or in any stream or part thereof, other than those defined in this chapter as navigable waters, and over which Congress has jurisdiction under its authority to regulate commerce with foreign nations and ~« Page No. 1 01/29/93 OPERATING PROJECTS PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE A/P DATE COMMENTS REC # PROJECT ** AGENCY BLM BLM / / 06/17/83 AA-4436 ROW P 06/17/33 INTERTIE ACCESS ROADS (3) ARE 1 INTERTIE TEMPORARY BLM 02/15/90 / / ROW A / / REQUEST FOR ROW TO REPLACE GRANBY 2 SOLOMON ROAD SEGMENT INUNDATED BY SOLOMON GULCH RESERVOIR. BLM 7 / 10/10/79 = AA-12692 ROW P 10/10/09 ROW FOR SOLOMON GULCH T-LINE, 3 SOLOMON SUBSTATIONS, GUY LINES. BLM / / 03/25/83 = AA-47639 ROW P / / ADMINISTRATION WAIVED 4/22/86-LAND 4 TERROR CONVEYED TO OUZINKIE NATIVE CORP BLM / / 06/16/83 = AA-50910 ROW P 06/16/33 PORT LIONS T-LINE ROW. 5 TERROR ** AGENCY COE COE / / 07/25/79 —071-OYD-1-780306 SECTION 10 P 06/01/28 TONSINA RIVER CROSSING BY OVERHEAD 6 SOLOMON NAVIGABLE T-LINE. WATERS COE / / 06/27/79 071-OYD-4-780253 DREDGE AND FILL P 06/01/28 SOLOMON GULCH PROJECT DAMS. 7 SOLOMON COE / / 05/30/80 071-OYD-A-800146 SECTION 10 P 06/01/28 LOWE RIVER AT DAYVILLE ROAD 8 SOLOMON NAVIGABLE CROSSING BY OVERHEAD T-LINES. WATERS COE / / 05/22/80 071-OYD-A-800145 SECTION 10 P 06/01/28 LOWE RIVER CROSSING BY OVERHEAD 9 SOLOMON NAVIGABLE T-LINE. WATERS COE / / 07/19/79 071-OYD-1-780307 SECTION 10 P 06/01/28 KLUTINA RIVER CROSSING BY OVERHEAD 10 SOLOMON NAVIGABLE T-LINES WATERS COE / / 07/19/79 071-0YD-1-780308 SECTION 10 P 06/01/28 TAZLINA RIVER CROSSING BY OVERHEAD 11. SOLOMON NAVIGABLE T-LINES. WATERS COE J / 03/24/81 = 071-OYD-4-800277 WETLANDS FILL P 07/17/30 PERMIT TO PLACE 24,000 CY OF FILL 12 SWAN CARROLL INLET 15 TO CONSTRUCT SWAN LAKE DAM. COE / / 08/14/80 = 071-OYD-2-790413 WETLANDS FILL P 07/17/30 PERMIT TO PLACE 30,000 CY OF FILL 13. SWAN CARROLL INLET 13 SECTION 10 TO CONSTRUCT LOG DUMP, SEAPLANE NAVIGABLE FLOAT, APPROACH PIER, GANGWAY, BOAT WATERS FLOAT AND BARGE RAMP FOR SWAN LAKE HYDROELECTRIC PROJECT. Page No. 01/29/93 COE COE COE COE COE ** AGENCY DEC DEC DEC DEC DEC APPLIC. AGENCY DATE / 01/29/91 / / / PERMIT DATE 04/24/81 07/22/87 07/30/82 12/02/81 12/02/81 09/16/81 11/13/89 08/27/90 // 12/08/80 PERMIT NUMBER 071-0YD-2-800133 071-OYD-1-870097 ZIMOVIA STRAIT 83 071-OYD-2-820162 071-OYD-810137 BRADFIELD CANAL 4 071-0YD-4-810291 BRADFIELD CANAL 5 071-OYD-1-810138 SUMNER STRAIT 73 292666 CARROLL INLET 15 OPERATING PROJECTS PERMIT SUMMARY PERMIT TYPE SECTION 10, SECTION 404 WETLANDS FILL SECTION 10 NAVIGABLE WATERS WETLANDS FILL WETLANDS FILL WETLANDS FILL SECTION 10 NAVIGABLE WATERS WASTERWATER APPROVAL TO CONSTRUCT POTABLE WATER SYSTEM SOLID WASTE DISPOSAL SITE SECTION 401 CERTIFICATION EXPIR. DATE 10/05/31 08/05/31 08/05/31 08/05/31 08/05/31 08/05/31 06/01/28 07/17/30 COMMENTS FILL PLACEMENT FOR DAMS AT TERROR LAKE, SHOTGUN CREEK, FALLS CREEK, ROLLING ROCK CREEK. FILL IN NAVIGAGLE WATERS FOR JETTY AT KIZHUYAK BAY. PERMIT TO CONSTRUCT AND MAINTAIN TWO GUY WIRES AND ANCHORS IN NAVIGABLE WATERS. TYEE HYDROPROJECT T-LINE. PERMIT TO PLACE 1300 CY FILL TO CONSTRUCT AN AIRCRAFT PARKING APRON AND TURNAROUND. PERMIT TO PLACE 1200 CY OF RIPRAP ALONG THE TYEE HYDROPROJECT TAILRACE. PERMIT TO PLACE 3000 CY FILL TO CONSTRUCT POWERHOUSE SWITCHYARD AT EAST END OF BRADFIELD CANAL. PERMIT TO PLACE TYEE HYDROPROJECT SUBMARINE CABLES IN NAVIGABLE WATERS. LETTER OF APPROVAL TO CONSTRUCT WASTEWATER DISPOSAL SYSTEM. NO PERMIT REQUIRED. AS-BUILTS MUST BE SUBMITTED FOR FINAL APPROVAL. MONTHLY DISCHARGE SAMPLING REQUIRED. REQUIRES ANNUAL COLIFORM TESTING. TEST REQUIRED BY DECEMBER 31 EACH YEAR. IN RESPONSE TO DEC LETTER OF JANUARY 9, 1991, A COMPLETE SOLID WASTE DISPOSAL APPLICATION SUBMITTED FOR CONTINUING USE OF SWAN LAKE DISPOSAL SITE. CERTIFICATE OF REASONABLE ASSURANCE FOR SWAN LAKE DAM. REC # 14 15 16 17 18 19 20 21 22 23 PROJECT TERROR TYEE TYEE TYEE TYEE TYEE SOLOMON SOLOMON SWAN SWAN Page No. 3 01/29/93 AGENCY DATE DEC DEC DEC DEC DEC DEC DEC DEC APPLIC. ** AGENCY DGC DGC / 7 ** AGENCY DNR DNR DNR 05/04/90 02/02/90 PERMIT DATE 04/23/86 04/06/90 08/11/88 11/08/88 05/12/82 12/02/81 07/27/81 12/02/81 04/09/90 tof / 7 PERMIT NUMBER 8613-BA003 8921-FA-014, 8921-DA-015 NONE BRADFIELD CANAL 6 BRADFIELD CANAL 5 WAIVER BRADFIELD CANAL 4 AK900223-13A ADL 67278 OPERATING PROJECTS PERMIT SUMMARY PERMIT TYPE SOLID WASTE DISPOSAL SITE SOLID WASTE DISPOSAL SITE POTABLE WATER SYSTEM SEPTIC SYSTEM SECTION 410 CERTIFICATION SECTION 401 CERTIFICATION SECTION 401 CERTIFICATION SECTION 401 CERTIFICATION COASTAL CONSISTENCY PERMIT TO APPROPRIATE WATER PUBLIC ROW EXPIR. DATE 12/31/90 10/05/31 10/05/31 10/05/31 08/05/31 08/05/31 08/05/31 08/05/31 06/01/28 COMMENTS SOLID WASTE DISPOSAL SITE PERMIT FOR SWAN LAKE HYDROELECTRIC PROJECT. MUST BE RENEWED EVERY FIVE YEARS. LETTER FROM DEC WITHDRAWING APPLICATION FOR SOLID WASTE DISPOSAL SITE FROM PROCESSING. PERMIT NOT REQUIRED DUE TO SIZE OF SITE AND AEA'S OWNERSHIP OF LAND WHERE DISPOSAL IS TAKING PLACE. APPROVAL TO OPERATE POTABLE WATER SYSTEM AT TERROR LAKE PERMANENT FACILITIES. APPROVAL TO OPERATE SEPTIC SYSTEM AT TERROR LAKE PERMANENT FACILITIES. CERTIFICATE OF REASONABLE ASSURANCE - AIRCRAFT PARKING APRON CERTIFICATE OF REASONABLE ASSURANCE ~ POWERHOUSE SWITCHYARD. WAIVER OF STATE CERTIFICATION OF ACTIVITIES AUTHORIZED BY FERC. CERTIFICATE OF REASONABLE ASSURANCE - TAILRACE FERC AMENDMENT, BLM ROW, ADNR ROW CONCLUSIVE CONSISTENCY DETERMINATION FOR GRANBY ROAD REPLACEMENT . REQUEST TO EXTEND WATER REIGHTS PERMIT FOR SOLOMON GULCH PROJECT FOR TEN MORE YEARS TO ALLOW FULL DEVELOPMENT OF THE RESOURCE. REQUEST FOR A PUBLIC ROW TO REPLACE THE GRANBY ROAD SEGMENT INUNDATED BY SOLOMON GULCH RESERVOIR. REC # 24 25 26 27 28 29 30 31 32 33 34 PROJECT SWAN TERROR TERROR TERROR TYEE TYEE TYEE TYEE SOLOMON SOLOMON SOLOMON Page No. 4 01/29/93 OPERATING PROJECTS PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE A/P DATE COMMENTS REC # PROJECT DNR / / 09/06/87 ADL 201784 ROW P 06/01/28 SOLOMON GULCH T-LINE ROW FROM PLANT 35 SOLOMON TO RICHARDSON HIGHWAY ALONG DAYVILLE ROAD. DNR 7 / 06/09/87 ADL 80113 ROW P 06/01/28 T-LINE TO GLENNALLEN ALONG 36 SOLOMON RICHARDSON HIGHWAY. DNR / / 03/20/75 ADL 67278 PERMIT TO P 03/20/90 WATER RIGHTS PERMIT FOR SOLOMON 37 SOLOMON APPROPRIATE GULCH PROJECT. ALLOWS USE OF 102435 WATER ACRE-FT. ANNUALLY. MAXIMUM RATE OF DIVERSION ALLOWED IS 295 CFS. DNR 11/06/87 / / ADL 104936 ROW A / / APPLICATION SUBMITTED FOR SWAN LAKE 38 SWAN T-LINE ROW. NO ROW ISSUED BECAUSE CENTERLINE LAND SURVEY HAS NOT BEEN DONE. DNR / / 02/15/81 = ADL 100921 TIDELANDS LEASE P 02/14/36 SWAN LAKE HYDROELECTRIC PROJECT 39 SWAN TIDELANDS LEASE. ORIGINALLY OBTAINED BY THE CITY OF KETCHIKAN AND ASSIGNED TO THE ALASKA ENERGY AUTHORITY ON, OR ABOUT, OCTOBER 5, 1987. DNR 7 / 08/28/87 ADL 100113 PERMIT TO P 12/08/97 PERMIT TO APPROPRIATE 462 CFS OF 40 SWAN APPROPRIATE WATER FROM FALLS CREEK FOR SWAN WATER LAKE HYDROELECTRIC PROJECT. MAXIMUM RATE OF DIVERSION NOT TO EXCEED 1,185 CFS. DNR 09/07/88 / / ADL 224581 REQUEST FOR A / / REQUEST THAT FIVE ACRES OF STATE 41 TERROR CONVEYANCE LAND AT THE TERROR LAKE POWERHOUSE SITE BE CONVEYED TO THE AUTHORITY TO RESOLVE MIXED OWNERSHIP THERE. CONVEYANCE APPROVED. NEED SURVEY PLAT APPROVAL FROM KODIAK ISLAND BOROUGH BEFORE DEED CAN BE ISSUED. DNR / / 07/02/80 ADL 204022 LETTER OF ENTRY P / / FINAL LEASE PENDING APPROVAL OF 42 TERROR AS-BUILT SURVEY BY KODIAK ISLAND BOROUGH. DNR / / 07/25/83 =ADL 215520 PRIVATE P 10/05/31 PRIVATE EASEMENT ISSUED TO DIVISION 43 TERROR EASEMENT OF TELECOMMUNICATIONS FOR ELBOW MOUNTAIN REPEATER SITE. DNR / / 01/02/88 ADL 206462 TIDELANDS LEASE P 01/31/43 TIDELANDS LEASE FOR TERROR LAKE 44 TERROR PROJECT JETTY. Page No. 5 01/29/93 OPERATING PROJECTS PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE A/P DATE COMMENTS REC # PROJECT DNR / / 04/06/87 ADL 201559 PERMIT TO P 06/30/92 WATER RIGHTS AS FOLLOW: 17.5 CFS, 45 TERROR APPROPRIATE SHOTGUN CR., 40.9 CFS, FALLS CR., WATER 14.5 CFS, ROLLING ROCK CR., 140.9 CFS, TERROR LAKE. MAXIMUM USE NOT TO EXCEED 213.8 CFS. DNR 7 / 12/05/90 = ADL 100887 PERMIT TO P 10/21/09 WATER USE REPORT DUE ANNUALLY IN 46 TYEE APPROPRIATE SEPTEMBER. REPORT SHOULD DEPICT WATER MONTHLY WATER USE THROUGH AUGUST. DNR / / 07/17/81 ADL 101886 ILMA P 07/01/31 ILMA FOR WRANGELL ISLAND 47 TYEE SUBSTATION. LOTS 2 AND 3, US SURVEY 3403, SECTION 7, T63S, R84E, CRM. DNR / / 05/26/87 = ADL 103762 ROW P 08/05/31 TYEE LAKE HYDROPROJECT T-LINE ROW 48 TYEE LOCATED ON WRANGELL ISLAND. DNR / / 03/17/87 = ADL 104833 ROW P 08/05/31 SOUTH MITKOF ISLAND ROW FOR TYEE 49 TYEE HYDROPROJECT T-LINE. DNR J / 08/16/85 ADL 103426 ROW P 08/05/31 SUBMARINE CROSSINGS OF BRADFIELD 50 TYEE CANAL, ZIMOVIA, STIKINE, SUMNER STRAITS. AERIAL CROSSINGS OF WRANGELL IS. COVE, EAGLE BAY. DNR / 7 03/21/84 ADL 102341 TLMA P 08/05/31 ILMA FOR TIDELAND SURVEY ATS 1235 51 TYEE LOCATED IN SECTION 21, T65S, R9OE,CRM TO MAKE IT AVAILABLE FOR A DOCKING FACILITY AND TAILRACE FOR THE TYEE LAKE HYDROPROJECT. DNR / / 03/07/85 = ADL 103267 ROW P 08/05/31 ROW FOR TYEE LAKE HYDROPROJECT 52 TYEE T-LINE WHERE IT CROSSES STATE OWNED LANDS ON MITKOF AND WRANGELL ISLANDS. ** AGENCY DOTPF DOTPF / / 01/21/83 ~—2-140000-83-007 / / INTERTIE 138 KV AERIAL ROAD 53. INTERTIE CROSSING-PARKS HIGHWAY INTERSECTION DOTPF / / 01/24/83 = 2-172500-83-008 / / 138 KV AERIAL ROAD CROSSING HEALY 54 INTERTIE SPUR ROAD-1000' EAST OF GVEA POWERHOUSE DRIVE. DOTPF / / 01/26/83 = _1-137700-83-017 / / INTERTIE CROSSING FISHHOOK-WILLOW 55 INTERTIE ROAD APPROX 0.5 MILE EAST OF OLD WILLOW RD Page No. 01/29/93 APPLIC. DATE DOTPF DOTPF DOTPF DOTPF DOTPF DOTPF DOTPF DOTPF DOTPF DOTPF DOTPF DOTPF DOTPF / PERMIT DATE 06/25/80 02/14/80 02/14/80 02/14/80 07/28/80 09/25/80 06/29/79 12/07/82 03/10/83 03/02/83 06/23/82 03/02/83 07/26/82 PERMIT NUMBER NONE V-190,000-21.2/6 4.9-80-01 V-191,600-3.8-80 -02 NONE V-199,319-0.5-80 -01 NONE NONE NONE NONE 3-294000-82-42 NONE 3-293300-82-57 OPERATING PROJECTS PERMIT SUMMARY PERMIT TYPE A/P EXPIR. DATE DRIVEWAY PERMIT P 06/01/28 UTILITY PERMIT UTILITY PERMIT UTILITY PERMIT DRIVEWAY PERMIT UTILITY PERMIT DRIVEWAY PERMIT EASEMENT DRIVEWAY PERMIT DRIVEWAY PERMIT UTILITY PERMIT DRIVEWAY PERMIT UTILITY PERMIT P Pp Pp Pp 06/01/28 06/01/28 06/01/28 06/01/28 06/01/28 06/01/28 08/05/31 08/05/31 08/05/31 08/05/31 08/05/31 08/05/31 COMMENTS DRIVEWAY PERMIT FOR SOLOMON GULCH PROJECT AT MILEPOST 65 OF RICHARDSON HIGHWAY. T-LINE CROSSING OF DAYVILLE ROAD. SEVERAL T-LINE CROSSINGS OF RICHARDSON HIGHWAY BETWEEN VALDEZ AND GLENNALLEN. T-LINE CROSSING OF POWERHOUSE ACCESS ROAD AND MP 3.8 OF DAYVILLE ROAD. DRIVEWAY PERMIT FOR SOLOMON GULCH PROJECT A MILEPOST 48.8 RICHARDSON HIGHWAY. T-LINE CROSSING OF GLENNALLEN HIGH SCHOOL ROAD. DRIVEWAY PERMIT FOR SOLOMON GULCH PROJECT AT STATION 95+42.5 DAYVILLE ROAD. COMMISSIONER'S GRANT OF ROW ACROSS ATS 885 FOR TYEE LAKE HYDROPROJECT SUBMARINE T-LINE. DRIVEWAY PERMIT STA 127+88 MITKOF HIGHWAY. DRIVEWAY PERMIT ZIMOVIA HIGHWAY STA 196+75 PERMIT TO UTILIZE MITKOFF HIGHWAY ROW FOR TYEE LAKE HYDROPROJECT T-LINE. DRIVEWAY PERMIT ZIMOVIA HIGHWAY STA 5+50 PERMIT TO BURY TYEE LAKE HYDROPROJECT T-LINE IN WRANGELL HIGHWAY ROW. 57 58 59 60 61 62 63 65 67 PROJECT SOLOMON SOLOMON SOLOMON SOLOMON SOLOMON SOLOMON SOLOMON TYEE TYEE TYEE TYEE TYEE TYEE Page No. t 01/29/93 AGENCY DATE DOTPF APPLIC. i 7 ** AGENCY DPDP DPDP DPDP DPDP DPDP / 7 / 7 / 7 // ** AGENCY FAA FAA FAA FAA FAA 4/7 ** AGENCY FCC FCC tT ** AGENCY FERC FERC 47 PERMIT DATE 07/07/83 12/15/80 11/06/81 12/03/81 12/03/81 04/01/83 02/07/79 09/17/86 05/07/83 12/28/87 PERMIT NUMBER 3-293300-83-91 FD200-80110407FP FD200-81061209FP AK810828-02FP AK810612-11FP 82-AAL-24-0E 79-AAL-3-OE 82-AAL-244-0E KNGK787 - KNGK795 2742 OPERATING PROJECTS PERMIT SUMMARY PERMIT TYPE UTILITY PERMIT COASTAL CONSISTENCY COASTAL CONSISTENCY COASTAL CONSISTENCY COASTAL CONSISTENCY HAZARD TO AIR NAVIGATION RADIO LICENSES FERC LICENSE AMENDMENT EXPIR. A/P DATE P 08/05/31 P 07/17/30 P 08/05/31 P 08/05/31 P 08/05/31 +f // Lf A 47 P 05/07/93 P 06/01/28 COMMENTS PERMIT TO UTILIZE WRANGELL HIGHWAY ROW FOR TYEE LAKE HYDROPROJECT T-LINE. CONSISTENCY DETERMINATION FOR SWAN LAKE DAM. CONSISTENCY DETERMINAION FOR SUBMARINE CABLES. CONSISTENCY DETERMINATION FOR POWERHOUSE. CONSISTENCY DETERMINATION ACMP FOR TAILRACE CHANNEL. NO HAZARD DETERMINATION-NOTIFY IF T-LINE MODIFIED DETERMINATION OF NO HAZARD TO AIR NAVIGATION NOTE ON STATUS REQUEST STATES ALL FAA REQUIREMENTS HAVE BEEN MET - PER G.RANSOM DETERMINATION OF HAZARD TO AIR NAVIGATION - REQUIRES MARKER BALLS - INTERTIE NINE LICENSES FOR RADIO TRANSMITTERS PROVIDING TELECOMMUNICATION FOR THE TYEE LAKE HYDROPROJECT. DIVISION OF TELECOMMUNICATIONS WILL RENEW PERMITS AS NECESSARY. AMENDMENT TO ARTICLE 39 TO CHANGE INSTREAM FLOW REQUIREMENT TO 2 CFS IN TAILRACE AND 2 CFS AT BASE OF SOLOMON GULCH FALLS. REC # 69 70 71 72 74 76 77 78 79 PROJECT TYEE SWAN TYEE TYEE TYEE INTERTIE TYEE SOLOMON Page No. 8 01/29/93 OPERATING PROJECTS PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE A/P DATE COMMENTS REC # FERC / / 06/21/78 + =2742 FERC LICENSE P 06/01/28 FERC LICENSE FOR CONSTRUCTION AND 80 OPERATION OF SOLOMON GULCH HYDROELECTRIC PROJECT. FERC J / 08/06/90 = 2742-12 FERC LICENSE P 06/01/28 LICENSE AMENDMENT ALLOWS PUBLIC 81 AMENDMENT VEHICULAR USE OF PROJECT LANDS. REVISED RECREATION PLAN MUST BE FILED WITH FERC. FERC / / 07/17/80 2911 FERC LICENSE P 07/17/30 FERC LICENSE TO CONSTRUCT AND 82 OPERATE THE SWAN LAKE HYDROELECTRIC PROJECT. FERC / / 10/05/81 = 2743 FERC LICENSE P 10/05/31 FERC LICENSE FOR CONSTRUCTION AND 83 OPERATION OF TERROR LAKE HYDROELECTRIC PROJECT. FERC / / 08/05/81 = 3015 FERC LICENSE P 08/05/31 FERC LICENSE FOR CONSTRUCTION AND 84 OPERATION OF TYEE LAKE HYDROELECTRIC PROJECT. ** AGENCY KIB KIB / / 03/26/82 EASEMENT A / / AUTHORITY TO ENTER TO CONSTRUCT & 85 MAINTAIN-FINAL LAND DOCUMENTS ARE PENDING KIB / / 06/20/90 CASE 90-034 CONDITIONAL USE P / / CONDITIONAL USE PERMIT TO ALLOW 86 PERMIT OPERATION OF SOLID WASTE DISPOSAL SITE AT TERROR LAKE HYDROELECTRIC PROJECT. KIB J 11/20/90 _BZ-90-123 ZONING P 10/05/31 ZONING PERMIT FOR SOLID WASTE 87 COMPLIANCE DISPOSAL SITE AT TERROR LAKE PERMIT PROJECT SITE. ** AGENCY MATSU MATSU / / 03/24/83 ~MSB-1 ROW 7 / T-LINE EASEMENT 88 MATSU / / 03/24/83 MSB-2 ROW / / T-LINE EASEMENT 89 MATSU / / 03/24/83 = -MSB-3 ROW / / T-LINE EASEMENT 90 ** AGENCY USFS USFS / / 07/30/84 2720 SPECIAL USE P 06/30/30 USFS SPECIAL USE PERMIT FOR T-LINE 91 PERMIT AND OTHER SWAN LAKE HYDROELECTRIC PROJECT FACILITIES LOCATED WITHIN TONGASS NATIONAL FOREST. PROJECT SOLOMON SOLOMON SWAN TERROR TYEE TERROR TERROR TERROR INTERTIE INTERTIE INTERTIE SWAN Page No. 9 01/29/93 OPERATING PROJECTS PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE A/P DATE COMMENTS REC # USFS 01/02/91 / / 2720 FIRE PLAN A / / REQUEST TO RENEW FIRE PLAN FOR TYEE 92 LAKE PROJECT FOR THREE YEARS. USFS / / 01/01/84 2770/2720 SPECIAL USE P 01/01/34 USFS SPECIAL USE PERMIT FOR T-LINE 93 PERMIT AND OTHER HYDRO FACILITIES LOCATED ON TONGASS NATIONAL FOREST LANDS. USFS J / 01/11/88 = 2720 FIRE PLAN P 12/31/90 FIRE CONTROL PLAN MUST BE UPDATED 94 EVERY THREE YEARS. ** AGENCY USFWS USFWS 02/07/89 / / KD81-0040 REFUGE SPECIAL A / / REQUEST FOR TRANSFER OF REFUGE 95 USE PERMIT SPECIAL USE PERMIT FROM KODIAK ELECTRIC ASSOCIATION TO THE ENERGY AUTHORITY. USFWS / / 07/21/81 = kD81-0040 REFUGE SPECIAL P 10/05/31 PERMIT HAS INDEFINITE TERM - COVERS 96 USE PERMIT CONSTRUCTION AND OPERATION OF TERROR LAKE PROJECT ON LANDS BELONGING TO KODIAK NATIONAL WILDLIFE REFUGE. PERMIT ISSUED TO KEA. REQUEST FOR TRANSFER TO AEA APPLIED FOR ON FEBUARY 7, 1989. ** AGENCY VALDEZ VALDEZ / / 06/04/79 RIGHT OF ENTRY P 06/01/28 RIGHT OF ENTRY - GRANBY ROAD ACCESS 97 FROM DAYVILLE ROAD UP TO SOLOMON GULCH DAM. ONLY APPLIES TO MUNICIPAL LANDS. PROJECT TYEE TYEE TYEE TERROR TERROR SOLOMON Steve Cowper. Governor DY Alaska Power Authority State of Alaska October 5, 1987 Mr. Dick Mylius NFCG Selection Project Manager Alaska Department of Natural Resources Southcentral District, DLWM P.0. Box 7005 Anchorage, Alaska 9951-7005 Re: State Selection of Snettisham Hydroelectric Project Lands Dear Mr. Mylius: Introduction On April 1, 1987, the Alaska Power Administration (federal) issued a solicitation for proposals to purchase the Snettisham Hydroelectric Project which is located within the Tongass National Forest approximately 35 miles south of Juneau, Alaska. The Alaska Power Administration proposed to divest all federal property and interests in the project including federal lands withdrawn or required for the project, easements for transmission lines and access roads and facilities, including dams, waterways, power plants, transmission facilities, vehicles and other such property owned by the federal government. The solicitation was limited to utilities who now purchase power from the Snettisham project, the State of Alaska, and the City and Borough of Juneau, or combination of these. To examine the feasibility of the Alaska Power Authority or the City and Borough of Juneau purchasing the Snettisham project, the Snettisham Ad Hoc Committee was formed and consisted of Bill Corbus, Alaska Electric Light and Power Company; Charlie Walls, Glacier Highway Electric Association; and Ernst Mueller of the City and Borough of Juneau (CBJ). Several ex-officio members were also included in the effort. In their report, Recommendation and Strategy for Purchase of the Snettisham Hydroelectric Project, July 10, 1987, the Ri Hoc Committee concluded that, because the federal government is not recovering its costs on the Snetti- sham project, and in light of the on-going effort to balance the federal budget, significant rate increases are likely to result if the project continues to operate under federal ownership. Furthermore, the Committee recommended that the CBJ pass a resolution requesting that the Governor direct the Alaska Power Authority to submit 366/DD27/1 © PO. Box AM _—_ Juneau, Alaska 99814 (907) 465-3575 BX PO. Box 190869 701EastTudorRoad Anchorage, Alaska 99519-0869 (907) 561-7877 Mr. Dick Mylius Rig October 5, 1987 Page 2 a proposal to purchase the Snettisham project at a price that would ensure that electrical rates would be maintained without significant increases. The entire Ad Hoc Committee Transfer Report is enclosed with this letter for your information. After reviewing the Ad Hoc Committee report, the CBJ Assembly requested that the State of Alaska prepare a proposal for purchase of the project. In cooperation with the CBJ and local Juneau utilities, a proposal was prepared and approved for submission by the Alaska Power Authority Board of Directors during their September 8, 1987 meeting. That proposal, which is enclosed with this letter, has been submitted to the Alaska Power Adminis- tration and is now under consideration. Description of Selection The Alaska Power Authority requests that all lands required for maintenance and operation of the Snettisham Hydroelectric Project, including the transmission line to Juneau be selected for State ownership. These lands are depicted on the enclosed maps. The lands described in this selection also contain all the facilities associated with the Alaska Department of Fish and Game Snettisham Hatchery. The following is a tabular listing of the lands requested: Long Lake Reservoir T42S, R71E, CRM Section 26, SW4SW2, S4SE4SWS 60 AC Section 27, S4SE4, SHNW3SE4, SWi, SSSWANWE 280 AC S4#SWESESNW2, SHSWANERSER 10 AC Section 28, S4SE4NE3, SE4, S4NE3SW2, SESSWS 240 AC Section 33, NESNESNWS, NWANE%, ESESNESNES, W3NW3NE4NES 65 AC Section 34, N3Nd, NESSWANWE, NASERNWS N4SHSERNW2, 200 AC N3SW3NE3, N3SSSW3NEX, SESNES 70 AC NW4NERSE3, ESNESSES 30 AC Section 35, NW, N3SW3, WSSWANE4, SESSW3NER 270 AC N4SERSW2, SSE, NW3SER, SSNESSES 160 AC SWINW3NE3 10 AC om eo ee SE Ct 100236 pcm WS SWS pS SES SW See ee cere oe 50 AG ee Total By ATiquot 1445 AC By Planimeter 1093 AC From Plat 1080 AC 366/DD27/2 . x Mr. Dick Mylius October 5, 1987 Page 3 T43S, R71E, CRM Section 1, Section 2, Section 15, Section 16, Section 21, Section 22, . Section 1 Section 12 Section 13 Section 14 Section 23 ee cece NYSE LN Section 24 366/DD27/3 Long Lake Reservoir NW4, SWANW3NE2, WSSWANE4, WHNWSSER, NE4SW3, NESNWSSW2 NE4NE N4NWANE3, NESSESNES Total By ATiquot 330 AC By Planimeter 264 AC From Plat 265 AC Crater Lake Reservoir SESSWANE4, SHSERNE3, SEX, SHSWHSW4, SEASWA, SESSE4SE3 SE4NESNWS, SSS4NWANW2, SSSWANESNWS NES, SHNW3, N3NW3SWA, SWANW4SE3, NESSWS, N3NW3SE2, NWANESSE4 N3NW4, SW3NW2, NW4SE4NW2, NSNWSNES Total By Aliquot 775 AC By Planimeter 520 AC From Plat 490 AC Dam, Tunnel, Roads and Powerhouse SE4NW4SE3, SW4SE% WHNERNE%, NWANW3NE4, SWANE4, ESNESNWA, SE4NW4, W3SE3, NWANESSW2, ESNWESWE SWiSW4, ESNWANES All Uplands SE4NE4, SSSW3NE4, NSSWH SE4SW3SE4 (Uplands Only), N4S4SW3 SESSERNWS, SE4SE4 (Uplands Only), N#NWSSE4 NW3NE4SE3, SSNE4SE4 NWANE4 (Uplands Only), NE4SW3NE2, W3NE4 (Uplands Only) Total By ATiquot 1026 AC *Area Determined by Planimeter 210 AC 50 AC 70 AC 250 AC 10 AC 25 AC 260 AC 80 AC 150 AC 50 AC 90 AC 150 AC 60 AC 340 AC* 140 AC 50 AC 40 AC 28 AC 38 AC a el LAC was. 23 AC* Mr. Dick Mylius a ; October 5, 1987 Page 4 Transmission Line 300' ROW T43S, R71E, CRM Sections 13, 14, 23, 24, 25, 26, 34, 35 T44S, R71E, CRM Sections 2, 3, 10, 15, 16, 21, 28, 33 T45S, R72E, CRM Section 6 T45S, R71E, CRM Sections 1, 2, 11, 10, 9, 4, 5 T44S, R70E, CRM Sections 34, 33, 28, 21, 20, 17, 8, 5, 6 T43S, R70E, CRM Sections 31, 30, 19 T43S, R69E, CRM Sections 24, 13, 12, 11, 2 T42S, R69E, CRM Sections 35, 26, 27, 28, 21, 20, 19 T42S, R69E, CRM Sections 24, 13, 14, 11, 10, 4, 5 Total 1250 AC Project Total By Aliquot 4826 AC By Planimeter 4153 AC Justification i AE EMRE. . z tice om 5 MD A EES As stated earlier, the primary reason for State acquisition of the Snetti- sham project is to prevent electric power rates in the Juneau areas from rising significantly in the future. If, and when the project is acquired by the State, there will still be debt service and operating and mainte- nance costs that will be passed on to the rate payers. In addition, costs 366/0D27/4 Mr. Dick Mylius October 5, 1987 Page 5 may be incurred for the following: 1. Use of U.S. Forest Service Lands 2. Federal Energy Regulatory Commission (FERC) Licensing Costs 3. Annual Fees to FERC THE MAJOR REASON FOR THE PROPOSAL TO ACQUIRE PROJECT LANDS IS TO AVOID THE ABOVE COSTS, SOME OF WHICH CAN BE QUITE SUBSTANTIAL. For a hydropower project, the U.S. Forest Service land use fee is based on the gross sale of power from the project. Fees are assessed annually on the basis of projected sales and must be paid in advance. The fee in- creases as time goes on according to the following schedule: Years 0-5 Fee Equals 3% of Gross Sales Years 6-10 Fee Equals 5% of Gross Sales ° Years 11-Term Fee Equals 10% of Gross Sales When the Crater Lake addition is completed, the maximum project output is expected to be 295 million kilowatt hours. At that time (October 1989), wholesale rates are projected to be about 4 cents per kilowatt hour. Total gross sales would be approximately $11,800,000. Therefore, the cost to use Forest Service Lands would be as follows: ° Years 0-5 $354 ,000/year 2 Years 6-10 $590 ,000/year ° Years 11-Term $1,180 ,000/year Over a 50 year period of operation, the Forest Service land use fees irrespective of inflation and increased power sales revenues, would be approximately $52 million for the use of about 1500 acres. the figure of 1500 acres represents only the lands occupied by facilities such as the dam, powerhouse, hatchery and roads. It also includes the drawdown fringe around Crater and Long Lake reservoirs. The Forest Service has already stated that there probably would not be a land use fee for the transmission line ROW. If the State were to obtain all the lands where the facilities are located, the potential benefits in avoided costs would be about $35,000 per acre. The Alaska Power Administration will be requesting FERC license exemption in proposed federal legislation on sale of project, however, the possibil- ity of needing to obtain an FERC license still exists at this point. If not exempted, and even though the project has been constructed and is in operation, FERC regulations 18CFR4.50, Subpart F (attached) require that a license application be prepared. The procedure for this is much the same as for an unconstructed project. We would estimate that the cost of ena an application for this project would be in the neighborhood of 1 million. In Alaska, the major determinant of a hydropower project being subject to FERC licensing is whether the project occupies lands belonging to the 366/DD27/5 Mr. Dick Mylius October 5, 1987 Page 6 United States and/or navigable waters are used for power production. By having all lands transferred into state ownership, we feel that this project would not require a FERC license and we would save the cost of FERC licensing and continuing FERC administrative fees. At one time we con- sidered requesting only the project works and reservoir lands to be con- veyed to the State in the belief that FERC might allow the transmission line to remain on federal lands and still not require a license. Recent conversations with FERC reveal, however, that if any part of the project is on federal lands, a license is required. If the project is licensed by FERC, FERC is entitled to charge both admin- istrative and land use fees. We are unable to say at this time what the administrative fees would be, but suspect that they would be around $10,000 per year. The Power Authority has requested that FERC waive administration fees on its other operating projects. Except for the Solomon Gulch project which is exempted on a year-to-year basis, FERC has not ruled on these requests. As far as FERC land use fees are concerned, they would vary with the amount of project acreage left in federal ownership. As the licensing body, FERC authority supersedes that of the Forest Service as grantor of use of federal lands. However, if the FERC land use fee is not as much as the Forest Service's would have been, the Forest Service is entitled to collect the difference from the licensee. One other important consideration for selection of the Snettisham lands would be for the use and future expansion of the Alaska Department of Fish and Game hatchery located there. The hatchery utilizes tailrace water from the project for incubation and rearing of salmon. We understand that the Snettisham hatchery is envisioned to be expanded in the future and will assume a role of regional management significance. The Power Authority feels that it would behoove the State to have all these interests operating under one authority (the State's). Furthermore, the selection of Forest Service land for this hatchery would be consistent with previous state selections. We have discussed the approach with the Department of Fish and Game and they are supportive of it. In no way do we see that present use or enjoyment of the lands by the public being diminished by this selection. Public use of the lands may be enhanced under State ownership. Prioritization of Nomination If the project is transferred to the State with a congressional exemption from FERC licensing, selection of much of the project lands becomes unnec- essary. In that case we would suggest that the following selections be ens me re} inqnishedbefore=the-Stete<obtains—Fentative-Approval=(TA jafnomath@n. ests. meetin. Forest Service: 1. Transmission Line R-0-W 1250 AC 2. Reservoirs 2550 AC 366/DD27/6 Mr. Dick Mylius October 5, 1987 Page 7 The total remaining acreage selected would then be 1026 acres. If you have any questions regarding this proposed selection, please do not hesitate to contact us. Sincerely, Kost lets Robert E. LeResche Executive Director Enclosures as stated. TJA:REL: tg cc: Donald L. Shira, Alaska Power Authority, w/o enclosures Joe Malinovsky, Alaska Power Administration, w/o enclosures Brian J. Allee, Alaska Department of Fish & Game, w/o enclosures 366/0027/7 Fax Transmittal Cover Sheet To: Don Harris, - DCRA From: Mark Dinneen, Alaska Governor's Office Fax Number: 202-624-5857 Date: Wed, Sep 8, 1993 @ 2:10 PM Transmitting (4) pages, including cover sheet. If there is difficulty with this transmission, please call: 202-624-5858 Ce. tLe uw! ; SIN. Hyer \! lo WwW 22:0 8- dS £6. Au USJAIS Ada FROM RED TAPE TO-RESULITS CREATING A (GOVERNMENT Action: The Smad Business Administration will reduce the number of field offices and consolidate services.'? The Smai! Business Administration is developing criteria for consolidating field offices based on the customer load. It has already demonstrated in pilot programs how to cut local office staff by providing routine loan servicing for several local SBA offices and by adopting automared procedures f for processing applications for the agency's many different loan programs. Action: The U.S. Agency for International Development will reduce the number of its overseas missions.'? With che dramatic changes in U.S. foreign policy, agencies with overseas operations are rethinking their responsibilities. J. Brian Atwood, administrator for the U.S. Agency for International Development (AID), believes the number of counties in which his agency operates missions can be cur from 105 to perhaps 50. Cuts will be made in the number of missions in developed countries so that the agency's efforts can focus on those nations that can't absorb or manage assistance or on truly underdeveloped countries. Action: The United States Information Agency will cut the nsember of libraries and reference centers it pays for overseas.'* Savings are also possible in averseas facilities maintained by the United States Information Agency. USIA maintains libraries and other facilities in many developed countries, as well as in emerging countries. While facilicies in the later are often crowded, those in developed countries attract few customers: In Canada, for example, a USIA library attracted only 568 walk-in visitors in a year. Eliminating some of these facilities or curning chem over to their hose countries could save an estimated $51.5 million through 1999." Wn chalienge the basic assumption ‘of every program, asking does it work, does it mide mye quality service, does it encourage innovation - and reward hard work. If the answer is no, or : it cheres a better way to do it or if theres — something that the federal government is doing, it should simply stop doing, welll ry to ‘| make the changes needed ” President Bill Clinton Announcement of initiative to streamline government jj March 3, 1993 _ 7 oe Action: The Department of State will reduce by 11 the number of Marine Guard detachments it employs.'® By consolidating che storage of top secret documents in overseas missions, the Department of State can reduce the need for Marine Guard detachments. The Bureau of Diplomatic Security has identified 11 posts where the Marine Security Guard program could be eliminated simply by moving documents to other places. Action: Pass legislation to allow the sale of the Alaska Power Administration.'” The federal government once played a crucial role in Tasting developing and operating the Alaska Power Administration (APA). No longer. APA was created to encourage economic development in Alaska by making low-cost hydro-power available to industry and to residential customers. The project has succeeded and can now be cured over co local ownership. The federal government certains four other Power Marketing Administrations (PMLAs) which own Eanes facilities and sell che power they generare to public, private, and cooperative utilities at cost. These PMAs serve customers spread oF sde-524-SeS Rortse. 4 ‘aE .OP D.C. we US SEP @8 “Se 13:59) FROM RED TAPE TO RESULTS © CREATING a GOVERNMENT THAT WorkS BETTER & Costs LESS throughout many states, so the facilities contro!iers as the FAA Academy does. If cannot easily be sold to a local entity. APA, chey could, it would save che government on the other hand, is unique: Irs facilities the $20,000 ic costs to train each new and customers are located in a single state. controller at the academy. The answer is Various public agencies have already urged clearly yes. Five schools participating in the the federal government to seil the APA program are producing well-qualified facilities. APA signed purchase agreements controllers, athough only cwo are receiving to do so before 1993. government subsidies. It is now time to The sale is supported by stare ard local phase out these remaining subsidies. officials, Alaska's congressional delegation, the Energy Department, the Office of Action: Close the Uniformed Services Management and Budget and the House University of the Health Sciences.” Approprianons Committee. Bur Congress 24 has yer :o pass the necessary authorizing The Department of Defense once faced legislation. We urge it to do so. The sale shortages of medical personnel, particularly would bring $52.5 million into the U.S. of physicians. So, in 1972, Congress created Treasury and save millions more in yearly the Uniformed Services University of the operating costs. Health Sciences (USUHS). Today, USUHS provides less chan 10 percent of the services’ Action: Terminate federal grant funding physicians ac a cost much higher than other for Federal Aviation Administration programs USUHS physicians cost the federal higher education programs.'# government $562,000 each, while subsidies under the Health Professionals Success has rendered ewo FAA federal Scholarship Program cost only $111,000 subsidies obsolete. They have met the per physician. Closing the facility and objectives for which they were estadlished relying on the scholarship program and and can now be terminated. For example, in volunteers would save DOD $300 million 1982, the Federal Aviation Administration over five years. (FAA) launched a program to improve the development and teaching of aviation Action: Suspend the acquisition of new curricula at universities and other post- federal office space.” secondary schools. The goal was to produce graduates better prepared for jobs in che Over the nex: 5 years, the federal industry. ernment is slated to spend more than So far, che FAA has spent abour $4, 800 million a year acquiring new federal million on consultants to upgrade schools’ office space and courthouses. Under current programs and another $100 million was conditions, however, those acquisitions appropriated—most at Congress’ insistence don't make sense. not at FAA's request—to be given out in The federal workforce is being reduced, yom so that the schools could buy better the Resolution Trust Corporation is acilities and equipment. Many schools now _ disposing of real estate once held by failed offer high quality aviation training savings and !oans at 10 to 50 cents on the programs without support from the FAA. dollar, commercial office vacancy rates are Since $45 million of the appropriation running in the 10 ro 25 percent range, and remains unspent, sopping the program U.S. military bases are being closed. All of now can save this money. these factors suggest that the government Another program we no longer need is has many potential sources for office space the Collegiate Training Initiative for Air without buying any more buildings. Traffic Controllers. It was set up co The GSA seicinleceitor will place an determine whether other institutions could immediate hold on GSA’s acquisition — offer che same quality training for through construction, purchase, or leaso— a s t of a 7A » . } \ ( Smee © / 2 - : Whee ae A ee a > SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION | QUAD MAP CO08S006W30 = =110.000 1088 c E%, EXCLUDING U.S. SURVEYS VALDEZ A-7 CO08s006Ww32 3.000 OSL 316 WITHIN USS 636 VALDEZ A-7 c008S006W32 24.000 OSL 315 WITHIN USS 636 VALDEZ A-7 CO08S006W32 4.000 OSL 314 WITHIN USS 636 VALDEZ A-7 cO08s006W32 20.000 OSL 443 WITHIN USS 349 VALDEZ A-7 CO08S006W32 13.9 B “7 70 TRACT VALDEZ A cO08s006w32 2.000 OSL 601 WITHIN BLOCK 24 CITY OF VALDEZ VALDEZ A-7 COO8S006W34 17.950 ASLS 78-139 VALDEZ A-7 CO08S006W35 20.000 ASLS 79-116, A METES & BOUNDS PARCEL WITHIN TRACT A VALDEZ A-6, A-7 PRESENTLY SHOWN ON THE DNR STATUS PLAT AS AO 60440 AND FUP 24897, AREA IS EXCLUDED FROM STATE PATENT 64147 |CO09S005WO5 160.000 SWh VALDEZ A-6 anew CO09S005W06 160.000 SE% VALDEZ A-6 c009s005W07 580.000 ALL EXCLUDING USS 3538 VALDEZ A-6 co09s005W08 560.000 SHANEX, NWh, Sik VALDEZ A-6 coo9so05w0O9 240.000 SWh, S#SE% VALDEZ A-6 coo09so05w15 480.000 SWANEX, Wh, WASE%, SE%SE% VALDEZ A-6 co09s005W16 200.000 ALL VALDEZ A-6 {c009s005w17 340.000 ALL VALDEZ A-6 {coo9so0swi8 500.000 ALL EXCLUDING USS 3538 VALDEZ A-6 /c009s005W19 100.000 a PORTION NORTH OF LOWE RIVER, EXCLUDING USS VALDEZ A-6 |coo9so05w20 150.000 THAT PORTION NORTH OF LOWE RIVER VALDEZ A-6 L ~N | co09s005w21 300.000 THAT PORTION NORTH OF LOWE RIVER, EXCLUDING USS VALDEZ A-6 4 5505 & 5670 ;coo9so0SW22 210.000 THAT PORTION LYING SOUTH OF RICHARDSON HWY VALDEZ A-6 coo9so0sw22 26.258 ASLS 79-146, TRACT A coogso05W22 247.370 ASLS 79-146, TRACT B VALDEZ A-6 11/20/92 Page SUMMARY PSL LISTING SERIES C TRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP 009s005W22 14.314 985 c ASLS 79-146, TRACT C VALDEZ A-6 009s005W22 7.192 [ c ASLS 79-146, TRACT D VALDEZ A-6 009s005W22 18.446 9B7 c ASLS 79-146, TRACT E VALDEZ A-6 009s005W22 4.838 9 c ASLS 79-146, BLOCK 1, LOT 3 VALDEZ A-6 d09s005W22 3.755 989 c ASLS 79-146, BLOCK 1, LOT 15 VALDEZ A-6 009s005W22 4.344 10 c ASLS 79-146, BLOCK 1, LOT 17 VALDEZ A-6 d09s005W22 4.800 at c ASLS 79-146, BLOCK 2, LOT 2 VALDEZ A-6 909s005W22 4.355 992 c ASLS 79-146, BLOCK 2, LOT 3 VALDEZ A-6 209s005W22 4.847 os c ASLS 79-146, BLOCK 2, LOT 5 VALDEZ A-6 309S005W22 4.596 O64 c ASLS 79-146, BLOCK 2, LOT 7 VALDEZ A-6 209S005W22 4.997 996 c ASLS 79-146, BLOCK 3, LOT 3 VALDEZ A-6 309S005W22 4.265 2 c ASLS 79-146, BLOCK 3, LOT 4 VALDEZ A-6 209S005W22 3.626 8 c ASLS 79-146, BLOCK 3, LOT 5 VALDEZ A-6 309S005W22 4.435 c ASLS 79-146, BLOCK 3, LOT 6 VALDEZ A-6 209S005W22 4.107 1001 c ASLS 79-146, BLOCK 3, LOT 8 VALDEZ A-6 209S005W22 4.178 1003 c ASLS 79-146, BLOCK 3, LOT 10 VALDEZ A-6 .09S00SW22 4.578 1064 c ASLS 79-146, BLOCK 3, LOT 12 VALDEZ A-6 .09S005W22 3.999 obs c ASLS 79-146, BLOCK 3, LOT 15 VALDEZ A-6 .09S005W22 4.774 oa c ASLS 79-146, BLOCK 3, LOT 16 VALDEZ A-6 .09S005W22 4.866 1009 c ASLS 79-146, BLOCK 4, LOT 1 VALDEZ A-6 )09S005W22 4.950 = c ASLS 79-146, BLOCK 4, LOT 6 VALDEZ A-6 .09S005W22 4.863 1043 c ASLS 79-146, BLOCK 4, LOT 7 VALDEZ A-6 )09S005W22 4.955 1044 c ASLS 79-146, BLOCK 4, LOT 8 VALDEZ A-6 J09S005W22 4.928 1045 c ASLS 79-146, BLOCK 4, LOT 9 VALDEZ A-6 109S005W22 4.943 role c ASLS 49-146, BLOCK 4, LOT 10 VALDEZ A-6 }09s005W22 4.903 1047 c ASLS 79-146, BLOCK 4, LOT 11 VALDEZ A-6 "20/92 Page 2 SUMMARY PSL LISTING SERIES C Ss LOCAL PSL # SER ADL LEGAL DESCRIPTION MTRS ACRE QUAD MAP coo9so0s5w22 4.822 1018 c ASLS 49-146, BLOCK 4, LOT 14 VALDEZ A-6 co09s005W23 0.500 1019 c | ASLS 87-18 VALDEZ A-6 coo9s005W23 380.000 1020 c ve SEXNE%, S% EXCLUDING ASLS 87-18 AND ASLS VALDEZ A-6 co09s006w13 80.000 1054 c uss 645 VALDEZ A-6 ala c009s006W13 320.000 1055 c E% EXCLUDING ASLS 88-47, NWk VALDEZ A-6 if eS WD ASLS Bere pera coo9so0é6w20 320.000 1049 Cc SYNEX, NANWh, SEUNWK, NEKSWK, NSE% oe “ a Af CO009S007W14 80.000 1056 c ALL EXCLUDING USS 5669 VALDEZ MT ] co09s007W15 20.000 1057 oC ALL VALDEZ A-7 c009S007W17 100.000 1058 OC ALL VALDEZ A-7 c009S007W18 80.000 1059 oc ALL VALDEZ A-7 co09s007W19 280.000 1060 Nh VALDEZ A-7 c009s007W20 300.000 1061 Oc [ We VALDEZ A-7 c009S007W21 250.000 1d62.—=Oc Nh VALDEZ A-7 co09s007W22 310.000 1963 —c Nh VALDEZ A-7 [coo9soo7w23 80.000 c NvNWh VALDEZ A-7 | COO9S008W13 50.000 c ALL VALDEZ A-7, A-8 ‘coo9so0awi4 130.000 c ALL VALDEZ A-7, A-8 | COO09S008W15 40.000 c ALL VALDEZ A-7, A-8 “coo9sooaw21 200.000 c ALL VALDEZ A-7, A-8 coo9sooaw22 350.000 c Nh, WhSWk VALDEZ A-7, A-8 cO09s008w23 320.000 c Nh VALDEZ A-7, A-8 cO09S008W24 200.000 c Nie VALDEZ A-7, A-8 cO09S008W28 100.000 c NiNYe VALDEZ A-7, A-8 11/20/92 Page 3 SUMMARY PSL LISTING SERIES C {TRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP 1010S008W04 160.000 c ALL EXCLUDING ADL 223456 VALDEZ A-8 :010S008WO5S 40.000 c ALL VALDEZ A-8 :010S008W11 310.000 c TRACT B, ALL EXCLUDING VALID CLAIMS VALDEZ A-7 :010S008W12 280.000 c ALL THAT PORTION LYING SOUTH OF JACK BAY, EXCLUDING VALDEZ A-7 VALID CLAIMS :015S003W08 7.340 c LOT 2 CORDOVA C-5 015S003W08 239.100 c LOT 4 CORDOVA C-5 015S003W09 137.790 c LOT 2 CORDOVA C-5 015S003W09 1.630 c LOT 4 CORDOVA C-5 015S003W10 6.000 c ALL FRACTIONAL EXCLUDING ASLS 79-263 CORDOVA C-5 015S003W11 130.000 c SWh, FRACTIONAL EXCLUDING ASLS 79-264, SWKSE% CORDOVA C-5 015S003W15 5.000 c ATS 1004 CORDOVA C-5 015S003W15 5.000 C 63896 ATS 957 CORDOVA C-5 015S003W15 5.000 c ATS 900 CORDOVA C-5 015S003W15 190.000 c USMS 1061: SHEPARD EXTENSION, OBSTACLE MINE, CORDOVA C-5 ARMSTRONG EXTENSION NO.1, KEYSTONE MINE, OREGON MINE, TREAT EXTENSION, ORCA TXTENSION NO.1, COPPER QUEEN EXTENSION NO. 1. USMS 1061: BURTON EXTENSION EXCLUDING ADL 201515, ORCA FRACTION EXCLUDING ADL 67365, WHITING TIDEWATER EXTENSION EXCLUDING ADL 201515, TRUE BLUE EXCLUDING ADL 67365 015S003W15 65.000 1594 c PORTION WITHIN PROTRACTED SECTION 15 USS 5103 CORDOVA C-5 015S003W17 16.290 1569 c LOT 1 CORDOVA C-5 015S003W17 2.050 1540 c LoT 3 CORDOVA C-5 015S003W17 45.190 1571 c LOT 4 CORDOVA C-5 015S003W17 9.460 15 c LoT 5 CORDOVA C-5 015S003W17 71.360 15 c LOT 7 CORDOVA C-5 015S003W18 49.910 15 c LOT 1 CORDOVA C-5 015S003W18 120.580 af c LoT 3 CORDOVA C-5 015S003W19 + =132.200 546 c LOT 1 CORDOVA C-5 120/92 Page 4 SUMMARY PSL LISTING SERIES C CRES LOCAL PSL # SER ADL LEGAL DESCRIPTION ade i QUAD MAP C015S003W20 5.140 15 c LOT 1 CORDOVA C-5 c015s003W21 5.000 1 c ATS 863 CORDOVA C-5 c015s003W21 450.000 1591 c USS 1765 WITHIN PROTRACTED SECTIONS 21, 22, 27 AND CORDOVA C-5 28 EXCLUDING APPROVED AND STATE PATENTED CONVEYANCES. Leese c015s003W22 120.000 15992 c USS 5103 WITHIN PROTRACTED SECTION 22 CORDOVA C-5 C015S003W23 600.000 1 c USS 5103: THAT PORTION WITHIN PROTRACTED SECTION 23 CORDOVA C-5 | AND 24 EXCLUDING USS 1668, 4608, 2844, 4606 AND ASLS 79-259 0015s003W25 65.000 1559 c USS 5103: THAT PORTION WITHIN PROTRACTED SECTION CORDOVA C-5 EXCLUDING ASLS 88-55 AND ASLS 73-35 EXCLUDING MAVIS ISLAND £015s003W25 20.000 c USS 5103: THAT PORTION THAT INCLUDES ALL OF MAVIS CORDOVA C-5 ISLAND WITHIN PROTRACTED SECTIONS 25 AND 26 c015S003W29 20.000 c USS 5103, PORTION WITHIN PROTRACTED SECTION 29 CORDOVA C-5 EXCLUDING ASLS 73-35 C015S003W32 10.180 c ASLS 81-28: TRACT A, LOTS 6 AND 8 CORDOVA C-5 [vere CO015S003W32 50.000 c PORTION WITHIN PROTRACTED SECTION 32 EXCLUDING CORDOVA C-5 OTHER SURVEYED PATENTED LANDS 0015S003W33 = 150.000 c PORT LOM WITHIN WW OF PROTRACTED SECTION 33 USS CORDOVA C-5 £016s001W05 160.000 c METES AND BOUNDS. ALL THAT PORTION OF AIRPORT LANDS CORDOVA C-4 £016S001W06 240.000 c arte AND BOUNDS. ALL THAT PORTION OF AIRPORT CORDOVA C-4 = C016S001W07 240.000 1470 c aoe AND BOUNDS. ALL THAT PORTION OF AIRPORT CORDOVA B-4, C-4 c016S001W08 600.000 1471 c We AND BOUNDS. ALL THAT PORTION OF AIRPORT CORDOVA B-4, C-4 Ss c016s001Ww09 150.000 1472 c Naae AND BOUNDS. ALL THAT PORTION OF AIRPORT CORDOVA B-4 c016S001W16 80.000 1273 c aoe AND BOUNDS. ALL THAT PORTION OF AIRPORT CORDOVA B-4 £016S001W17 60.000 anes AND BOUNDS. ALL THAT PORTION OF AIRPORT CORDOVA B-4 C018N013E18 3.640 LOT 1, BLOCK 10, ASLS 79-197 TANACROSS B-4 CO18N013E18 4.300 LOT 2, BLOCK 10, ASLS 79-197 TANACROSS B-4 C018N013E18 3.220 LOT 4, BLOCK 10, ASLS 79-197 TANACROSS B-4 1/20/92 Page 3 SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP 5018N013E18 4.000 C 406490 LOT 9, BLOCK THREE, ASLS 79-137 TANACROSS B-4 2018N013E18 4.000 c LOT 10, BLOCK THREE, ASLS 79-137 TANACROSS B-4 2018N013E18 4.300 C 406488 LOT 3, BLOCK THREE, ASLS 79-137 TANACROSS B-4 2018N013E18 4.300 C 406485 LOT 4, BLOCK TWO, ASLS 79-137 TANACROSS B-4 2018N013E18 4.600 c 405922 LOT 3, BLOCK ONE, ASLS 79-137 TANACROSS B-4 2018N013E18 4.000 c LOT 10, BLOCK ONE, ASLS 79-137 TANACROSS B-4 2018N013E18 1.290 C 406504 LOT 1, BLOCK 2B, ASLS 79-197 TANACROSS B-4 2018N013E18 1.050 c LOT 2, BLOCK 2B, ASLS 79-197 TANACROSS B-4 2018N013E18 0.980 c LOT 3, BLOCK 2B, ASLS 79-197 TANACROSS B-4 7018N013E18 0.960 c LOT 4, BLOCK 2B, ASLS 79-197 TANACROSS B-4 1018N013E18 1.070 c LOT 10, BLOCK 2B, ASLS 79-197 TANACROSS B-4 1018N013E18 1.600 C 406511 LOT 8, BLOCK 2B, ASLS 79-197 TANACROSS B-4 1018N013E18 0.900 1855 c LOT 4, BLOCK 2A, ASLS 79-197 TANACROSS B-4 1018N013E18 1.220 1856 c LOT 1, BLOCK 2A, ASLS 79-197 TANACROSS B-4 018N013E18 0.550 if c MOUNSLTES“ALASRAS eg ieo rec yneocesSsicons 1W, TOK TANACROSS B-4 :018N013E18 10.000 1868 C 32813 sees te SUSE VESTON Se eciaesins TOK ALASKA TANACROSS B-4 :018N013E19 1.930 1859 c LOT 13, BLOCK 2, ASLS 79-198 TANACROSS B-4 :018N013E19 2.040 1840 c LOT 1, BLOCK 1, ASLS 79-198 TANACROSS B-4 :018N013E19 1.660 1861 c LOT 2, BLOCK 1, ASLS 79-198 TANACROSS B-4 :018N013E19 1.760 1842 c LOT 3, BLOCK 1, ASLS 79-198 TANACROSS B-4 :018N013E19 1.850 1863 c LOT 4, BLOCK 1, ASLS 79-198 TANACROSS B-4 :018N013E19 1.150 1844 c LOT 2, BLOCK 3, ASLS 79-198 TANACROSS B-4 :018N013E19 12.000 ae c LOTS 1 & 2, BLOCK 8, SOUTH ADDITION OF TOK ALASKA TANACROSS B-4 TOWNSITE SUBDIVISION, WITHIN USS 2931 ‘018N013E19 231.640 = c USS 2722 TANACROSS B-4 018N013E19 0.500 1847 Cc 409550 feebiice OF LOT 95 DESIGNATED ON DNR STATUS AS ADL TANACROSS B-4 120/92 Page 6 SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION UAT C018N013E19 9.210 67538 LOTS 49 & 53 TANACROSS B-4 CO18N013E19 1.490 LOT 3, BLOCK 2, ASLS 79-198 TANACROSS B-4 C018N013E19 1.490 LOT 4, BLOCK 2, ASLS 79-198 TANACROSS B-4 C018N013E19 1.480 406522 LOT 5, LOT 2, ASLS 79-198 TANACROSS B-4 C018N013E19 1.480 LOT 6, BLOCK 2, ASLS 79-198 TANACROSS B-4 C018N013E19 1.940 406524 LOT 7, BLOCK 2, ASLS 79-198 TANACROSS B-4 C018N013E19 2.550 18 c LOT 8, BLOCK 2, ASLS 79-198 TANACROSS B-4 C018N013E19 5.080 18 Cc 58889 LOT 121 TANACROSS B-4 C018N013E19 8.190 18746 C 402482 TRACTS D & E, ASLS 79-198 TANACROSS B-4 C018N013E20 90.000 18) C 413309 SWUNWK, NWSW, AND PORTION OF NWKNW% SOUTH OF TANACROSS B-4 ALASKA HWY C018N013E20 1.000 18} C 408563 LOT 4, HARTSELL SUBDIVISION, PLAT NO. 68-6211 TANACROSS B-4 C018N013E24 4.930 1 c USS 4066 TANACROSS B-4 C021S011E15 300.000 1361 c PORTION SOUTH OF SEAL RIVER BERING GLACIER A-7 ©021S011E16 70.000 1342 c PORTION SOUTH OF SEAL RIVER BERING GLACIER A-7 C021S013E25 500.000 1333 c ALL BERING GLACIER A-6 C021S013E26 500.000 1 c ALL BERING GLACIER A-6 C021S013E27 525.000 1385 c ALL BERING GLACIER A-6 C021S013E28 615.000 a c ALL BERING GLACIER A-6 C021S013E29 640.000 1337 c ALL BERING GLACIER A-6 C021S013E30 638.000 1338 c ALL BERING GLACIER A-7 C021S013E31 80.000 = c ALL BERING GLACIER A-6 c021S013E32 30.000 iBe0 c ALL BERING GLACIER A-6 C021S014E22 300.000 1826 c Sk BERING GLACIER A-6 C€021S014E23. 440.000 1827 c ALL BERING GLACIER A-6 C021S014E24 240.000 1528 c ALL BERING GLACIER A-6 c021S014E27 20.000 1329 c ALL BERING GLACIER A-6 1/20/92 Page T SUMMARY PSL LISTING SERIES C ITRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP 021S8014E28 200.000 1430 c ALL BERING GLACIER A-6 021S014E29 210.000 1331 c ALL EXCLUDING AA 7612 AND AA 7823 BERING GLACIER A-6 021S014E30 440.000 1362 c ALL BERING GLACIER A-6 021S015E12 40.000 1318 c SEUSEX BERING GLACIER A-5 021S015E13 260.000 13/19 c ALL EXCLUDING AA 7612 BERING GLACIER A-5 021S015E14 300.000 13p0 c ALL EXCLUDING AA 7823 BERING GLACIER A-5 021S015E15 300.000 13P1 c ALL EXCLUDING AA 7920 BERING GLACIER A-5 021S015E16 520.000 13p2 c ALL BERING GLACIER A-5, 021S015E17 630.000 138 c ALL BERING GLACIER A-6 021S015E18 634.000 1344 c ALL BERING GLACIER A-6 021S015E19 80.000 as c ALL BERING GLACIER A-6 021S016E13 520.000 ae c ALL BERING GLACIER A-5 021S016E14 510.000 es [ au BERING GLACIER A-5 021S016E15 440.000 Bt c | ALL BERING GLACIER A-5 021S016E16 400.000 =P c ALL BERING GLACIER A-5 021S016E17 210.000 131 c ALL BERING GLACIER A-5 021S8016E18 175.000 = c ALL EXCLUDING AA 7824 BERING GLACIER A-5 021S017E15 5.000 ia c PORTION WEST OF DUKTOTH RIVER BERING GLACIER A-5 021S017E16 640.000 1248 c ALL BERING GLACIER A-5 021S017E17 640.000 az c ALL BERING GLACIER A-5 021S017E18 29.680 Te c GLO LOT 6 BERING GLACIER A-5 021S017E18 37.340 vs c ] cto LOT 7 BERING GLACIER A-5 021S017E18 240.000 1282 c NE%, N#&SE% BERING GLACIER A-5 021S017E19 0.270 oe c GLO LOT 1 BERING GLACIER A-5 921S017E21 30.640 Eo c GLO LOT 1 BERING GLACIER A-5 921S017E21 45.510 Tes c GLO LOT 2 BERING GLACIER A-5 120/92 Page 8 SUMMARY PSL LISTING SERIES C NTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION | a cO21S017E21 31.570 GLO LOT 3 BERING GLACIER A-5 cO21s017E21 26.580 GLO LOT 4 BERING GLACIER A-5 co21s017E21 11.170 GLO LOT 5 BERING GLACIER A-5 cO21S017E21 6.920 GLO LOT 6 BERING GLACIER A-5 c021S017E21 10.500 GLO LOT 7 BERING GLACIER A-5 021017623 26.610 GLO LOT 3 BERING GLACIER A-4 [0218017623 36.970 GLO LOT 4 BERING GLACIER A-4 c021S017E23 240.000 NEW, NXSE% BERING GLACIER A-4 [021S017E24 640.000 | ALL BERING GLACIER A-4 CO21S017E25 33.990 GLO LOT 1 BERING GLACIER A-4 c021S017E25 29.270 GLO LOT 2 BERING GLACIER A-4 COZ1S017E25. 11.920 GLO Lot 3 BERING GLACIER A-4 c021S017E25 5.000 GLO LOT 7 BERING GLACIER A-4 c021S017E25 5.000 GLO LoT 8 BERING GLACIER A-4 cO21S017E25 4.000 1800 GLO LOT 11 (WESTERLY 530 FEET) BERING GLACIER A-4 cOz1S017E25 2.720 1801 GLO LOT 12 BERING GLACIER A-4 CO21S017E25 3.610 1802 GLO LOT 13 (EXCLUDING EASTERLY 130 FEET) BERING GLACIER A-4 C021S017E25. 0.750 1803 GLO LOT 14 (EXCLUDING EASTERLY 130 FEET) BERING GLACIER A-4 c021S017E25 3.000 = GLO LOT 18 BERING GLACIER A-4 cO21S017E25 5.000 05 GLO LOT 19 BERING GLACIER A-4 cO21S017E25 5.000 1B06 GLO LoT 20 BERING GLACIER A-4 cO21s017E25 5.000 1807 GLO LOT 21 BERING GLACIER A-4 cO21S017E25 3.000 1808 GLO LOT 26 BERING GLACIER A-4 [0218017625 3.000 1409 GLO LOT 27 BERING GLACIER A-4 C021S017E25 38.000 1310 NEMNE% (PARTIAL) BERING GLACIER A-4 COZ1S017E26 0.540 1411 GLO LOT 1 BERING GLACIER A-4 1/20/92 Page 9 SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP 022S006E30 200.000 1607 sc E% FRACTIONAL MIDDLETON ISLAND D-2 027S034E29 260.000 356 =C SECTION 29: NWk, E%SWk, NEYNWKSWk, SEUSWKSWh; YAKATAT C-5 | SECTION 31: E% EXCLUDING USS 179, EXEYNWk, WHNEUNWk (ONLY THOSE PORTIONS OF ASLS 84-89); SECTION 32: Wh (ONLY THOSE PORTIONS OF ASLS 84-89) EXCLUDING LOT 1A, 1B, 1C OF ASLS 87-258 CO27S059E22 30.000 c SEXSE%, EXCLUDING USS 3414 SKAGWAY C-1 C027S059E23 80.000 c SheSWh SKAGWAY C-1 [027S059E26 160.000 C NW SKAGWAY C-1 c027S059E27 155.000 C EVE, EXCLUDING USS 3414 SKAGWAY C-1, B-1 2027S059E33 40.000 c SEKSE% SKAGWAY B-1 2027S059E34 600.000 c ALL, EXCLUDING USS 5109 AND WhWiNE% SKAGWAY B-1 2027S059E35 340.000 34K6 c SEYNWK, SWANEX, SEX, E%SWh, THOSE PORTIONS OF USS SKAGWAY B-1 3307 WITHIN WASWi 2027S059E36 300.000 34h7 oc USS 5106A, USS 1254, & PORTION OF SECTION 36 SKAGWAY B-1 INCLUDED WITHIN ENT MUN ADL 105276 APN 2027S060E29 60.000 3448 OC ALL STATE LAND SKAGWAY C-1 2027S060E30 300.000 3449 oc Eh SKAGWAY B-1, C-1 3027S060E31 150.000 3490 oc ALL STATE LAND WITHIN Wie & NEM SKAGWAY B-1 3028S059E01 300.000 3451 oc ALL STATE LAND SKAGWAY B-1 s028S059E02 320.000 3452 ALL SKAGWAY B-1 :028S059E02 3.417 3912, C 101472 LOT 5, ASLS 79-183 SKAGWAY B-1 :028S059E03 150.000 3453 oc ALL STATE LAND SKAGWAY B-1 :028S059E04 80.000 3454 ALL STATE LAND WITH ENE, E%SE% WITHIN USS 5110 SKAGWAY B-1, B-2 1028S059E10 40.000 3455 OC ALL STATE LAND SKAGWAY B-1 028S059E11 300.000 3456 CC ALL STATE LAND SKAGWAY B-1 028S059E12 150.000 3467, oC ALL STATE LAND IN NZANY, SWKNWK SKAGWAY B-1 T 028S060E06 250.000 ae c ALL STATE LAND WITHIN We SKAGWAY B-1 034S062E32 90.146 3471 c MS-593-A, INCLUDING TELEPHONE, ELLEN, PRINCESS, JUNEAU D-4 . RUSTLER AND IVANHOE LODE CLAIMS. 720/92 Page 10 SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP C035S061E01 640.000 3. c ALL STATE OWNED TIDE AND SUBMERGED LANDS JUNEAU D-4 CO35S061E12 640.000 3476 c ALL STATE OWNED TIDE AND SUBMERGED LANDS JUNEAU D-4 C035S062E05 4.755 3472 c MS-593-B, INCLUDING ELLEN MILLSITE CLAIMS JUNEAU D-4 CO35S062E06 200.000 73 c ALL STATE OWNED TIDE AND SUBMERGED LANDS JUNEAU 0-4 C035S062E07 100.000 3474 c ALL STATE OWNED TIDE AND SUBMERGED LANDS JUNEAU D-4 C038S071E27 8.492 3518 c TRACT X, ASLS 81-204 TAKU RIVER C-6 CO40S059E07 41.000 3485 c PORTIONS OF SECTIONS 6 & 7, LYING NORTHWESTERLY OF JUNEAU B-6 GUSTAVUS AIRPORT DESIGNATED AS CL SE-88-001 STL ON DNR STATUS (PARCEL A OF QUITCLAIM DEED FROM ADOT & PF TO ADNR, DATED 5/25/88) C040S059E08 51.350 34B6 c PORTION LYING SOUTHEASTERLY OF GUSTAVUS AIRPORT JUNEAU B-6 DESIGNATED AS CL SE-88-001 STL ON DNR STATUS (PARCEL B_OF QUITCLAIM DEED FROM ADOT & PF TO ADNR, DATED 5/25/88) C040S065E19 15.000 34) c THOSE PORTIONS OF THE RETAINED COMMUNICATIONS SITE JUNEAU B-3 WITHIN USS 3809 NOT UTILIZED FOR COMMUNICATIONS PURPOSES [cO40s065E20 700.000 3459 c SECTION 18: SE“NWKNWK, ESWANWK, WASEUNWK, ESWh, JUNEAU B-3 WANWKSE%, SEYNWASEX, SWASEK, WSEKSE%; SECTION 19: Ev; SECTION 20: SWANWKNWK, SWUNWK, SYSEUNWK, Sie; SECTION 21: SW; WITHIN TONGASS NATIONAL FOREST. |CO40S066E26 300.000 34) c THOSE PORTIONS OF USS 5504 WITHIN SECTIONS 23 & 26, JUNEAU B-2 ! SUBJECT TO 15' ROW FOR LEMON CREEK TRAIL | CO40S066E34 116.700 3447 c TRACT B, ASLS 82-34 WITHIN USS 5504; EXCLUDING JUNEAU B-2 THOSE PORTIONS OCCUPIED BY LEMON CREEK CORRECTIONAL INSTITUTION. |C041S066E09 300.000 sé c SECTION 09: SkS2; JUNEAU B-2 SECTION 16: Nk. |C041S067E09 10.340 3469 c TRACT A, ASLS 90-242 JUNEAU B-2 |c041S067E15 2.638 34] Cc ATS 773; PAR-53 & PAR A JUNEAU B-2 |C041S067E16 0.280 3470 C 105254 TRACT B, ASLS 90-242 JUNEAU B-2 |C041S067E19 80.000 3461 c ERSE% JUNEAU B-2 'C041S067E20 40.000 3462 c SWASWA JUNEAU B-2 | C041S067E22 3.000 3483 c OSL 155, A PORTION OF USS 375 JUNEAU B-2 \ 11/20/92 Page 1 SUMMARY PSL LISTING SERIES C ‘RS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP 141S067E23 7.000 ALL STATE-OWNED UPLANDS AND TIDELANDS WITHIN USS 3566, SITUATED IN THE JUNEAU SUBPORT AREA. JUNEAU B-2 141S067E23 5.000 ALL STATE-OWNED LAND AND INTEREST IN LAND IN THE FOLLOWING DESCRIBED PARCELS: BLOCK 6, LOTS 1, 2, 3, 6, 7, AND 8; BLOCK 1, LOTS i - 8 INCLUSIVE; BLOCK D, LOTS 2 -'7 INCLUSIVE; BLOCK E, LOTS 2 -'7 INCLUSIVE; AND BLOCK F, LOTS 5 -'8 INCLUSIVE, IN JUNEAU TOWNSITE PLAT USS 7, APPROVED JUNE 21, 1897. JUNEAU B-2 \41S067E29 40.000 NWANW JUNEAU B-2 141S067E30 40.000 NEUNEX JUNEAU B-2 \41S068E31 480.000 ALL STATE OWNED TIDE AND SUBMERGED LANDS JUNEAU B-2 141S068E32 40.000 ALL STATE OWNED TIDE AND SUBMERGED LANDS JUNEAU B-1 \42S055E25 36.800 A PARCEL OF LAND LOCATED ON THE EAST SIDE OF ELFIN COVE ON CHICHAGOF ISLAND IN UNSURVEYED SECTION 25, T42S, R55E, COPPER RIVER MERIDIAN, ALASKA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT MEANDER CORNER NO. 2 OF U.S. SURVEY 2946 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 50°45' EAST 66.0 FEET TO CORNER NO. 3 OF U.S. SURVEY 2946; THENCE SOUTH 38°30' EAST ALONG THE EASTERLY LINE OF U.S. SURVEY 2946 A DISTANCE OF 579.7 FEET TO CORNER NO. 4 OF U.S. SURVEY 2946, SAID CORNER NO. 4 ALSO BEING CORNER NO. 3 OF U.S. SURVEY 2947; THENCE CONTINUING SOUTH 38°30' EAST ALONG THE EASTERLY LINE OF U.S. SURVEY 2947 A DISTANCE OF 332.0 FEET TO A POINT WHICH IS CORNER NO. 4 OF LOT 17 AND ALSO BEING CORNER NO. 3 OF LOT 18; THENCE NORTH 51°30' EAST A DISTANCE 500.0 FEET; THENCE NORTH 38°30' WEST A DISTANCE 3000.0 FEET; THENCE SOUTH 51°30' WEST A DISTANCE OF 500.0 FEET, MORE OR LESS, TO A POINT ON THE EASTERLY MEANDER LINE OF ELFIN COVE; THENCE SOUTHEASTERLY ALONG THE MEANDERS OF ELFIN COVE 2100.0 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING, AND CONTAINING 34.5 ACRES, MORE OR LESS. SITE 2 IS THE NORTHERLY 2000.0 FEET, AND SITE 3 IS THE SOUTHERLY 1000.0 FEET. MT. FAIRWEATHER A-2 142S068E04 50.000 34] c ALL STATE OWNED TIDE AND SUBMERGED LANDS JUNEAU B-1 \42S068E04 3.570 3549 c USS 3269, LOT 8 JUNEAU B-1 142S068E05 520.000 34 c ALL STATE OWNED TIDE AND SUBMERGED LANDS JUNEAU B-1 \42S070E08 20/92 4350.000 3545 c T. 42 S., R. 69 E., C.R.M. SECTIONS 12 AND 13: ALL; SECTION 04: ShSie; SECTION 05: S%Si5'; SECTION 06: Sk&SKSEK; JUNEAU A-1,TAKU RVR A6/B6 Page 12 MTRS ACRES LOCAL PSL # SER ADL SUMMARY PSL LISTING SERIES C C042S071E32 2666 .000 a LEGAL DESCRIPTION | SECTION 7-9: ALL; SECTION 10: WiWh; SECTION 15: WwW, SESW; SECTIONS 16-18: ALL; SECTION 21: EWE%, NWKNE%; SECTION 22: Wh; SECTION 27: NYNWK. QUAD MAP j SECTION 26-28: THOSE LANDS LYING UP TO AND INCLUDING 900 CONTOUR LEVEL; SECTION 31: NE%, E%NWh; SECTION 32: Ni, N&S'%, SESE; SECTION 33: SWASWk AND THOSE LANDS LYING UP TO AND INCLUDING THE 900 FOOT CONTOUR LEVEL; SECTION 34-36: THOSE LANDS LYING UP AND INCLUDING THE 900 FOOT CONTOUR LEVEL. EERE SER.” Se MF = SECTION 01: SEUNWKSE%, SWKSE%, AND THOSE LANDS LYING UP TO AND INCLUDING THE 900 FOOT CONTOUR i SECTION 02: THOSE LANDS LYING UP TO AND INCLUDING THE 900 FOOT CONTOUR LEVEL; SECTION 04: NWYNWK; SECTION 05: NE%NE%; SECTION 12: WANEUNE%, WANE, EVNEUNW, SEUNW, NEUSW%, EYNWMSWK, SKSWK, WASE%; SECTION 13: Nh, N&S%; SECTION 14: SYSWKNE%, SEUNEK, SEUSEUNWK, Sie; SECTION 15: E¥%SE% AND THOSE LANDS LYING UP TO AND INCLUDING THE 1100 FOOT CONTOUR LEVEL; SECTION 16: THOSE LANDS LYING UP TO AND INCLUDING THE 1100 FOOT CONTOUR LEVEL; SECTION 20: NE% AND THOSE LANDS LYING UP TO AND INCLUDING THE 1100 FOOT CONTOUR LEVEL; SECTION 21 & 22: THOSE LANDS LYING UP TO AND INCLUDING THE 1100 FOOT CONTOUR LEVEL; SECTION 23: NWANEYNEK, NWKNEK. TAKU RIVER A-6 C044S070E08 3.000 shes sc PARCEL ADJOINING NORTH BOUNDARY OF USS 370, EXCLUDED FROM MARINE PARK DESIGNATION AND SUBJECT TO SALE PREFERENCE APPLICATION ADL 104370 JUNEAU A-1 CO53S075E16 50.000 3487 c WhSWh SUMDUM B-5 CO53S075E17 140.000 ALL SUMDUM B-5 |CO53S075E20 |C053S075E21 160.000 40.000 3489 c 34) c ALL WANWK SUMDUM B-5 SUMDUM B-5 | C053S075E28 80.000 3491 c Whi, SE%SW% SUMDUM A-5 11/20/92 Page 13 SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP C053S075E29 25.000 3492 NE SUMDUM A-5 C053S075E32 80.000 3493 SE% SUMDUM A-5 C053S075E33 80.000 3494 Wh, WASE% SUMDUM A-5 C054S063E22 2010.000 3563 SECTION 13: NYNWASWK, SYANKSK, SKS; SITKA A-4, A-5 SECTION 14: S/N, Ski SECTION 15: SYeNEX, NE“SWK, S#SWh, SE%; SECTION 22: ALL; SECTION 23: ALL; SECTION 24: Nia; SECTION 26: Wisi SECTION 27: Nk, Sih, WASEY; SECTION 28: SE%SE%; SECTION 33: EVE%: SECTION 34: WhNWh. C054S075E04 250.000 3495 WhE'%, Wh, EXCLUDING USFS WDL. APLN. AA-50224, LOTS SUMDUM A-5 A, B, AND C, OF USS 2590, LOTS D, E, F, G, H, I, Jd, K, L, AND M, OF USS 2591, AND Lots u AND 6, oF uss’ 2592" C054S075E04 3.350 3497 USS 2590, LOT A SUMDUM A-5 C054S075E04 3.120 3498 uss 2590, LOT B SUMDUM A-5 C054S075E04 2.350 3499 uss 2590, LOT C SUMDUM A-5 C054S075E04 2.740 3400 USS 2591, LOT D SUMDUM A-5 C054S075E04 2.660 3401 USS 2591, LOT E SUMDUM A-5 C054S075E04 2.530 3502 USS 2591, LOT F SUMDUM A-5 C054S075E04 2.460 3503 USS 2591, LOT G SUMDUM A-5 C054S075E04 2.770 3504 USS 2591, LOT H SUMDUM A-5 C054S075E04 2.520 3p05 uss 2591, LOT I SUMDUM A-5 C054S075E04 1.270 3606 USS 2591, LOT J SUMDUM A-5 C054S075E04 0.410 3p07 uss 2591, LOT K SUMDUM A-5 C054S075E04 1.290 3608 uss 2591, LOT L SUMDUM A-5 C054S075E04 0.680 sb USS 2591, LOT M SUMDUM A-5 CO54S075E04 2.570 on USS 2592, LOT N SUMDUM A-5 C054S075E04 2.630 1 uss 2592, LOT O SUMDUM A-5 C054S075E05 150.000 96 E%, EXCLUDING ALL TIDE & SUBMERGED LANDS & THE SUMDUM A-5 PRIVATELY OWNED LAND 1/20/92 Page 14 SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP CO55S063E17 2.019 3504 C 105389 BLOCK 3, LOT 7, ASLS 87-129 SITKA A-5 C057S080E03 760.000 oe sect 03: Wr (ONLY THAT PORTION DESIGNATED ASLS PETERSBURG D-3 ej fi SECTION 04: E% (ASLS 81-235); SECTION 09: NE% (ASLS 81-235); SECTION 10: NW CONLY THAT PORTION DESIGNATED ASLS 81-235) PETERSBURG D-3 C058S079E15 600.000 bd c T. 58 S., R. 79 E., C.R.M. SECTION 10: E%SWh, SE%; SECTION 15: E%SWh, Ek. C060S079E10 660.000 id c T. 59 S., R. 79 E., C.R.M. PETERSBURG C-3 SECTION 34: LOTS 5 & 6, WhSWh. T. 60 S., R. 79 E., C.R.M. SECTION 03: LOTS 1-4; SECTION 10: LOTS 1-5, WANWk, SWh. C061S081E07 580.000 3460 c T. 61 S., R. 80 E., C.R.M. PETERSBURG C-3 SECTION 12: NEKSE%, S%SE%; SECTION 13: SE“NE%. T. 61 S., R 81 E., C.R.M. SECTION 06: SKSE%; SECTION 07: NE%, S¥ANWk, SW, NWKSE%; SECTION 18: NNW, SWiNWh. C062S073E12 3300.000 3956 c T. 62 Ss, R. 73 E., CRM PETERSBURG B-6, C-6 T SECTION 01: Si; SECTION 02: Sie; SECTION 03: EYSE%; SECTION 10: EYE; SECTION 11: ALL; SECTION 12: ALL; SECTION 13: ALL; SECTION 14: Ni, N&Sk, SEUSEK; SECTION 15: EYNEY, NEUSE; SECTION 24: NIN, NYSHAN'A. T. 62 S., R. 74 E., C.R.M. SECTION 06: SW%; SECTION 07: Wh; SECTION 18: NWh, NWANEYSWh, WASWh, S'SEUSWk; SECTION 19: NWK, NieSWh. {C062S081E09 2165.000 59 c T. 62 S., R. 80 E., C.R.M. PETERSBURG C-3 SECTION 12: S#SE%; SECTION 13: NE%. T 62 S., 81 E. C.R.M SECTION 03: Wh; SECTION 04: E's; SECTION 07: ShS%; SECTION 08: SkSWk, SE%: SECTION 09: NEK, SEUNWK, Sie; SECTION 10: NWK, NYSWk; SECTION 16: NIANIe; SECTION 17: Nis; 11/20/92 Page 15 SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION SECTION 18: N&. QUAD MAP C064S085E09 3565.000 3563 T. 63S, R. 85 E., C.R.M. SECTION 35: S#SEUNWK, SWh. T. 64 S., R. 85 E., C.R.M. SECTION 02: NEYNWK, WANWK, NW%SWik; SECTION 03: SYN, Sh: SECTION 04: SWUNWK, Si; SECTION 05: E%e; SECTION 08: E%: SECTION 09: ALL; SECTION 10: AL SECTION 15: ALL? SECTION 16: Ni, SE%. PETERSBURG B-1 C065S080E20 120.000 3528 SEVUNW, E%SWh, SYeNE%, SE% EXCLUDING EXCHANGE ISLAND PETERSBURG A-4 C065S080E29 200.000 35P9 WANWANE%, NEYNWK, SEMNW%, SWh, SEYSE% EXCLUDING EXCHANGE ISLAND PETERSBURG A-4 CO065S080E32 200.000 3560 NWANWK, NE% EXCLUDING EXCHANGE ISLAND PETERSBURG A-4 CO65S090E14 4090.000 3554 T. 65 S., R 89 E., C.R.M. SECTION 25: ALL; SECTION 26: Ni, N%&SWh, NWKNWKSE%, EXCLUDING USS 2623; SECTION 36: NiANYe. 90 E., C.R.M. T. 65 S., R. SECTION 10: S#SE%; SECTION 11: S%SWk, SE%; SECTION 13: SWNEK; S/ANWh, SWh, WASEK, SEUSEY; SECTION 14: ALL; SECTION 15: Eh; SECTION 19: Wh: SECTION 20: SAN, Siz SECTION 21: Sih; SECTION 22: Nik, NYSWK, NWKSE%; SECTION 23: NAN, SWUNWh> SECTION 24: Ni4NIe: SECTION 29: WiNWh; SECTION 30: ALL; SECTION 31: N/ANE%. BRADFIELD CANAL A-5 CO65S090E28 980.000 T65S., R. 90 E., C.R.M. SECTION 22: SECTION 27: SECTION 28: " aa SWkSWh; | Noe 3015 (AA-59059). T. 66'S., R. 90 E:,. CRN. BRADFIELD CANAL A-5 £066S078E11 100.000 3943 PETERSBURG A-4 2066S078E12 270.000 3544 SYNWK, SW, SE% PETERSBURG A-4 1/20/92 Page 16 SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP C066S078E13 160.000 3445 oC Eh PETERSBURG A-4 C066S078E24 320.000 c ALL, EXCLUDING KOSCIUSKO ISLAND PETERSBURG A-4 C066S078E25 250.000 ALL, EXCLUDING E%SE% PETERSBURG A-4 [coses079E07 480.000 SYNK, Sk PETERSBURG A-4 C066S079E08 200.000 Sh PETERSBURG A-4 [c066s079E09 70.000 WhsWie PETERSBURG A-4 C066S079E18 160.000 NYANYe CRAIG D-4 C068S078E27 200.000 Sh CRAIG D-4 C068S078E34 420.000 ALL, EXCLUDING KESKI ISLAND CRAIG D-4 C069S079E05 360.000 ALL, EXCLUDING KNOB ISLAND CRAIG D-4 C069S079E13 20.000 SWKSW%, EXCLUDING PRINCE OF WALES ISLAND CRAIG D-4 C069S079E14 100.000 SEX CRAIG D-4 — (0069S079E15 310.000 ALL CRAIG D-4 : CO069S079E23 240.000 NE%, NKSEK, SEUSE% CRAIG D-4. C069S079E24 200.000 WANWh, SWk, WASEM CRAIG D-4 C069S080E19 1.880 105016 BLOCK 2, LOT 14, ASLS 85-317 CRAIG D-4 C069S088E34 3365.000 T. 69 S., R. 88 E., C.R.M. KETCHIKAN D-6 SECTION 25: SE%; SECTION 33: E'; SECTION 34: ALL; SECTION 35: ALL; SECTION 36: ALL. T. 70 S., R. 88 E., C.R.M. SECTION 02: NWK; SECTION 03: Ni; SECTION 04: NE‘. T. 69S., R. 89 E., C.R.M SECTION 29: SWh; SECTION 30: ALL; SECTION 31: ALL; SECTION 32: ALL. T. 70 S., R. 89 E., C.R.M. SECTION 05: Ni; SECTION 06: Nik. [c071S082E19 80.000 361 c EVSE% CRAIG C-3 11/20/92 Page 17 SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION = QUAD MAP c071S082E20 250.000 39320Oc SWk, WhSE% CRAIG C-3 C071S082E29 140.000 3933 c E'RNWk, WANEX CRAIG C-3 C071S084E33 3.960 3913, «c= 102201 BLOCK 2, LOT 10, ASLS 80-121 CRAIG C-2 c072S092E21 600.000 3462, T 72.'8., R. 92 E., CRM. KETCHIKAN C-4, C-5 CO77S088E09 350.000 EW, E¥% EXCLUDING BABE ISLANDS CRAIG A-1 C077S088E10 10.000 SYS EXCLUDING BABE ISLANDS CRAIG A-1 c077S088E11 75.000 SE% CRAIG A-1 CO77S088E12 220.000 | sw, WASE% CRAIG A-1 cO77S088E13 120.000 WANWK, NEYUNW% CRAIG A-1 CO77S088E14 360.000 Nh, NUS, SWKSE CRAIG A-1 CO77S088E15 260.000 Nh, N&SE% CRAIG A-1 CO77S088E16 © 200.000 NE%, NYSEK, SWASEK CRAIG A-1 CO77S088E21 40.000 NWUANEY CRAIG A-1 FOO1NO01WO9 = 6.000 ie C 410345 LOT 5, BLOCK 2, ASLS 83-22 FAIRBANKS D-2 FOOINOO1WO9 = =—-6. 782 1642 = C 410342 LOT 2 BLOCK 2, ASLS 83-22 FAIRBANKS D-2 FOOINOO1WO9 16.947 1643 = C 410349 LOT 4, BLOCK 3, ASLS 83-22 FAIRBANKS D-2 FOO1NOO1W10 3.148 1 C 410331 ~T Lot 3, BLOCK 1, ASLS 83-22 FAIRBANKS D-2 FOO1NOO1W10 3.148 1645 C 410329 LOT 1, BLOCK 1, ASLS 83-22 FAIRBANKS D-2 FQ01NO01W10 5.399 1 C 410339 LOT 10, BLOCK 1, ASLS 83-22 FAIRBANKS D-2 FO01NO01W10 7.000 i Cc LOT 10, BLOCK 3, ASLS 83-22 FAIRBANKS D-2 FOO1NO01W10 6.703 16 C 410354 LOT 9, BLOCK 3, ASLS 83-22 FAIRBANKS D-2 FOO1NO01W10 5.620 = c 410351 LOT 6, BLOCK 3, ASLS 83-22 FAIRBANKS D-2 FOO1NOO1W10 8.515 1670 C 410350 LOT 5, BLOCK 3, ASLS 83-22 FAIRBANKS D-2 FO01NO01W18 5.600 1671 C 76028 BEGINING AT THE RORTIMEST CORNER SOF LOT 1, BLOCK | FAIRBANKS D-2 PSTN ex Se" mask ok oes IST HREM SRT RaIe BSPSMT LEST AD Mecance F7708.05 Peey Nance 1/20/92 Page 18 SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP SOUT OF alte! GERMS L RE Ad Tat FOO1NO01W32 30.000 1 c ee Tas eee Rep on OF SW DESIGNATED ON FAIRBANKS D-2 FOO1NO02E27 © 280.000 1 c SWh, WASE%, NE%SE% FAIRBANKS D-1 FOO1NOO2E28 160.000 1674 c S&S FAIRBANKS D-1 FOO1NO02W28 40.000 1681 c [AT EORTION OF THE NY%NWk DESIGNATED ON DNR STATUS FAIRBANKS D-2 FOO1NO02W29 590.000 1682 c ALL EXCEPT USMS 2151 & USMS 1922 FAIRBANKS D-2 FOO1NO02W32 400.000 1 c A eaonie Sea 1922, USMS 844, USMS 829, USMS 826, FAIRBANKS D-2 FOO1NO02W33 9.870 c LOT 5 FAIRBANKS D-2 FO01NO02W33 11.840 c LOT 6 FAIRBANKS D-2 FOO1NO02W33 8.450 c LoT 7 FAIRBANKS D-2 4 FOO1NO02W34 24.580 c LoT 3 FAIRBANKS D-2 FOO1NO02W35 16.700 c LOT 4 FAIRBANKS D-2 FOO1NOO02W35 18.020 c LOT 5 FAIRBANKS D-2 FOO1NOO2W35 18.560 c LOT 6 FAIRBANKS D-2 FOO1NO02W35 8.000 c PORTION OF LOT 7 LYING SOUTH OF SHEEP CREEK ROAD FAIRBANKS D-2 FOO1NO02W35 20.040 c LOT 8 FAIRBANKS D-2 FOO1NO02W35 5.230 c LOT 9 FAIRBANKS D-2 FOO1NOO2W35 10.850 c LOT 10 FAIRBANKS D-2 FOO1NO02W35 8.070 c LOT 11 FAIRBANKS D-2 FOO1NOO2W35 18.860 c | LOT 12 FAIRBANKS D-2 FOO1NO02W35 20.000 c S#SEUSEM FAIRBANKS D-2 FOO1NOO2W35 2.000 C 414643 PORTION OF LOT 7 LYING NORTH OF SHEEP CREEK ROAD FAIRBANKS D-2 F001S001W07 40.000 c SEUSEX FAIRBANKS D-2 |FO01S001WO9 5.540 c TRACT B, ASLS 86-29 FAIRBANKS D-2 | FO01S001W09 8.544 C 412445 TRACT A, ASLS 86-29 FAIRBANKS D-2 11/20/92 Page 19 SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP F001S001W09 4.000 1963 C 403871 BLOCK 152, FAIRBANKS TOWNSITE FAIRBANKS D-2 FO001S001W09 7.000 1954 c Poreage OF THE N‘eNWk DESIGNATED ON DNR STATUS AS FAIRBANKS D-2 F001S002E33 4.339 81264 __| tor 8, BLOCK B, WRANGELL SUBDIVISION FAIRBANKS D-1 FOO1s002W02 200.000 NASE%, SWASEX, E%SWh FAIRBANKS D-2 F001S002W11 80.000 NEUNWK, NWANEY FAIRBANKS D-2 FO01S002W18 40.000 SEUSWK FAIRBANKS D-3 FO01S002W18 29.510 LOT 5 FAIRBANKS D-3 F001S003W13 80.000 NANWA FAIRBANKS D-3 FOO2N001E04 320.000 Sh LIVENGOOD A-2 FOO2N001E05 300.000 Sv & SYNW% EXCLUDING ALL US MINERAL SURVEYS LIVENGOOD A-2 ees es ey a ea USMS 1662 ON THE EAST FOO2NO01E06 375.000 2620 c _| LOTS S265 Seu To canire, NE%SWK, SE%; EXCLUDING ALL LIVENGOOD A-2 FOO2NO01E07 314.500 2641 c LOT 2, SEYNWK, SNE%, SE% LIVENGOOD A-2 FOO2NO01E08 320.000 2642 c SYN, SWh LIVENGOOD A-2 FOO2NO01E09 120.000 26 C 312178 SYNWh, SWUANEK LIVENGOOD A-2 FOO2NO01E10 240.000 2624 c NEUNWK, S'ANWh, SWKNE%, NE&SE%, LOT 1 LIVENGOOD A-2 FOO2NO01E15 300.000 26P5 c ALL, LYING WEST OF AND EXCLUDING STRIP OF US LIVENGOOD A-2, FBKS 1 MINERAL SUVEYS D-2 FOO2NO01E15 150.000 = c iuena meuniere OF AND EXCLUDING STRIP OF US pe A-2, FBKS FOO2NO01E16 240.000 2627 c NE%, N’&SE% LIVENGOOD A-2 FOO2NO01E16 80.000 268 c S’SWh FAIRBANKS D-2 | FOO2NOO1E18 340.800 2639 c LOTS 1-4, EvNWk, NWANE%, E%SWk, EXCLUDING USMS 1715 Be A-2, FBKS FOO2NO01E18 40.000 2630 c SEUSEK FAIRBANKS D-2 FOO2NO01E19 35.830 2681 c LOT 4 FAIRBANKS D-2 FOO2NO01E19 330.000 2682 c LOT 1, ENWh, NE%, E%SE%; EXCLUDING USMS 1716 FAIRBANKS D-2 1/20/92 Page 20 SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION crmyrny FOO2NO01E20 120.000 23 Ci WANW, NWSW FAIRBANKS D-2 | FOO2NOO1E21 120.000 2 c WANE, SEUNEX, NEUSE; EXCLUDING USMS 1940, 1981 & FAIRBANKS D-2 ——| 1939 FOO2N001E28 20.000 c SE“NW% EXCLUDING US MINERAL SURVEYS 1634, 1744 & FAIRBANKS D-2 - ——| i782 FOO2NOO1E28 200.000 c SEWNE% & Sk, EXCLUDING ALL US MINERAL SURVEYS FAIRBANKS D-2 FOO2NO01E29 10.220 c LoT 5 FAIRBANKS D-2 FOO2NO01E29 33.822 c LOT 6 FAIRBANKS D-2 FOO2NOO1E29 15.590 c LoT 8 FAIRBANKS D-2 FOO2NO01E29 2.000 c LOT 9 FAIRBANKS D-2 FOO2NO01E30 271.330 C 413973 LOTS 1, 2, & 5, SEUNWk, WANE, NEVNEX, NEVNEUSW FAIRBANKS D-2 FOO2NO001E30 76.340 c LOT 4, SE%SWK FAIRBANKS D-2 FOOZNOO1ES1 133.230 c ~ | LOTS 1, 2, 13, 14, 16 FAIRBANKS D-2 FOO2NO01E31 9.670 c LOT 11 FAIRBANKS D-2 FOO2NO01E31 1.220 c LOT 15 FAIRBANKS D-2 FOO2NO01E31 18.320 c LOT 17 FAIRBANKS D-2 FOO2NOO1E32 346.040 c LOTS 7-14, E%SWk, SEXNE%, NEMSE% FAIRBANKS D-2 FOO2N001E35 160.000 c 76386 ERNWK, WANE FAIRBANKS D-1 FOOZNOOIESS 40.000 c 502828 NEUSE% FAIRBANKS D-1 FOO2N001W01 489.700 c LOTS 1-4, S#NWk, SWh, SWASEK, SEUNEK, SWKSEXSEK LIVENGOOD A-2 FO02N001W02 159.940 c LOTS 1-3, SEYNE% LIVENGOOD A-2 FOO2N001W29 39.850 c LOT 1 FAIRBANKS D-2 FO02N001W36 320.000 c Wh FAIRBANKS D-2 FOO2S002E16 5.000 c 402532 TRACT G, ASLS 84-16 FAIRBANKS C-1 F002S002E16 14.078 c 21907 TRACT E, ASLS 84-16 FAIRBANKS C-1 F002S002E16 271.311 c 50824 TRACT F, ASLS 84-16 FAIRBANKS C-1 F002S002E16 8.000 c 67635 TRACT J, ASLS 84-16 FAIRBANKS C-1 11/20/92 Page 21 SUMMARY PSL LISTING SERIES C ITRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP 0028002E16 2.303 1480 Cc 57687 TRACT C, ASLS 84-16 FAIRBANKS C-1 002s003W01 40.000 34 c NWANW% WITHIN TRACT E, ASLS 80-118, ROSIE CREEK FAIRBANKS D-3 SUBDIVISION 002S003W01 3.735 3200 C 407068 BLOCK 5, LOT 13, ASLS 80-118, ROSIE CREEK FAIRBANKS D-3 SUBDIVISION 002S003W01 4.242 3401 C= 406882 BLOCK 7, LOT 3, ASLS 80-118, ROSIE CREEK FAIRBANKS D-3 SUBDIVISION 002S003W01 4.959 3do2 C 406891 BLOCK 7, LOT 12, ASLS 80-118, ROSIE CREEK FAIRBANKS D-3 SUBDIVISION 002S003W01 1.934 3403 C 406895 BLOCK 7, LOT 25, ASLS 80-118, ROSIE CREEK FAIRBANKS D-3 SUBDIVISION 002s003wo2 4.959 420 C BOOCK 4, LOT 6, ASLS 80-118 FAIRBANKS D-3 002S003W11 4.959 3204 = C 406852 BLOCK 4, LOT 6, ASLS 80-118, ROSIE CREEK FAIRBANKS D-3 SUBDIVISION 302S003W11 4.407 325 C 406794 BLOCK 1, LOT 9, ASLS 80-118, ROSIE CREEK FAIRBANKS D-3 SUBDIVISION 302S003W11 4.960 3206 =C 406797 BLOCK 1, LOT 12, ASLS 80-118, ROSIE CREEK FAIRBANKS D-3 SUBDIVISION 302S003W11 4.669 3407 «c 406821 BLOCK 2, LOT 13, ASLS 80-118, ROSIE CREEK FAIRBANKS D-3 SUBDIVISION 302S003W13 40.380 38 OC LoT 1 FAIRBANKS C-3 302S003W14 38.350 39 «2c LoT 1 FAIRBANKS C-3 )03NO01E02 1.720 2482 «Cc LoT 11 LIVENGOOD A-1 )03NO01E19 5.982 a c 407215 BLOCK 2, LOT 3, ASLS 80-178 LIVENGOOD A-2 J03NO01E19 5.000 2489 Cc 407218 BLOCK 2, LOT 6, ASLS 80-178 LIVENGOOD A-2 JO3NO01E19 5.005 2490 «OC BLOCK 2, LOT 10, ASLS 80-178 LIVENGOOD A-2 }03NO01E19 5.074 2691 «C BLOCK 2, LOT 11, ASLS 80-178 LIVENGOOD A-2 )03N001E19 5.072 26p2 oc BLOCK 2, LOT 12, ASLS 80-178 LIVENGOOD A-2 103NO01E19 ~—-:117. 199 2693 CC BLOCK 2, LOT 15, ASLS 80-178 LIVENGOOD A-2 103NO01E19 5.735 269% =C BLOCK 3, LOT 2, ASLS 80-178 LIVENGOOD A-2 \03NO01E19 5.000 2695 «CC BLOCK 3, LOT 13, ASLS 80-178 LIVENGOOD A-2 \03N001E19 5.000 26% = C BLOCK 3, LOT 15, ASLS 80-178 LIVENGOOD A-2 20/92 Page 22 SUMMARY PSL LISTING SERIES C IRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION CURD HAP FOO3NOO1E19 5.000 c BLOCK 3, LOT 32, ASLS 80-178 LIVENGOOD A-2 FOO3NO01E19 5.000 c BLOCK 3, LOT 33, ASLS 80-178 LIVENGOOD A-2 FOO3N001E19 4.965 C 407248 BLOCK 3, LOT 29, ASLS 80-178 LIVENGOOD A-2 FOO3NO01E19 6.256 c BLOCK 3, LOT 37, ASLS 80-178 LIVENGOOD A-2 FOO3NO01E19 9.963 C 407283 BLOCK 5, LOT 10, ASLS 80-178 LIVENGOOD A-2 FOO3NO01E19 15.152 C 407287 BLOCK 5, LOT 14, ASLS 80-178 LIVENGOOD A-2 FO03N001E30 4.464 C 407301 BLOCK 5, LOT 7, ASLS 80-178 LIVENGOOD A-2 FOO3NO01E30 9.919 C 407275 BLOCK 4, LOT 25, ASLS 80-178 LIVENGOOD A-2 FO03N001E30 9.085 Cc 407272 BLOCK 4, LOT 22, ASLS 80-178 LIVENGOOD A-2 FOO3N001E30 8.516 C 407273 BLOCK 4, LOT 23, ASLS 80-178 LIVENGOOD A-2 FO03N001E30 26.730 c LoT 5 LIVENGOOD A-2 FO03N001E30 10.850 c LOT 6 LIVENGOOD A-2 FOO3N001E30 28.870 c LOT 7 LIVENGOOD A-2 FOO3NO01W15 452.060 c ALAN BOR AND CHATARIKA RIVER” NEW ELLIOTT LIVENGOOD A-2 FOO3N001W23 100.000 c USMS 2143 LIVENGOOD A-2 FOO3N001W23 4.467 c BLOCK 1, LOT 9, ASLS 81-38 LIVENGOOD A-2 FOO3N001W23 6.841 c BLOCK 1, LOT 10, ASLS 81-38 LIVENGOOD A-2 FOO3N001W23 4.926 c BLOCK 2, LOT 12, ASLS 81-38 LIVENGOOD A-2 FOO3N001W23 4.891 c BLOCK 2, LOT 13, ASLS 81-38 LIVENGOOD A-2 FOO3NO01W23 4.163 c BLOCK 2, LOT 14, ASLS 81-38 LIVENGOOD A-2 FOO3N001W23 5.057 c BLOCK 2, LOT 15, ASLS 81-38 LIVENGOOD A-2 FOO3NO01W24 3.874 c ASLS 80-178, TRACT C LIVENGOOD A-2 FOO3N001W24 10.254 c BLOCK 1, LOT 2, ASLS 80-178 LIVENGOOD A-2 FOO3NO01W24 4.998 c BLOCK 3, LOT 18, ASLS 80-178 LIVENGOOD A-2 FOO3N001W24 5.000 22 Cc 407292 BLOCK 3, LOT 20, ASLS 80-178 LIVENGOOD A-2 FOO3N001W24 6.547 22 C 407244 BLOCK 3, LOT 25, ASLS 80-178 LIVENGOOD A-2 1/20/92 Page 23 SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP FOO3NO01W24 5.000 2496 C 407247 BLOCK 3, LOT 28, ASLS 80-178 LIVENGOOD A-2 FOO3NO01W24 4.965 2497 C 407248 BLOCK 3, LOT 29, ASLS 80-178 LIVENGOOD A-2 FOO3NO01W25 40.000 2498 C 407274 SWkSWh LIVENGOOD A-2 FOO3N001W26 4.538 2 C 408229 BLOCK 1, LOT 2, ASLS 81-38 LIVENGOOD A-2 FOO3NO01W26 7.918 0 C 408231 BLOCK 1, LOT 4, ASLS 81-38 LIVENGOOD A-2 FOO3NO001W26 5.011 1 c BLOCK 1, LOT 3, ASLS 81-38 LIVENGOOD A-2 FOO3NO01W26 4.844 23 c BLOCK 1, LOT 11, ASLS 81-38 LIVENGOOD A-2 FOO3NO01W26 4.917 2305 C 408245 BLOCK 2, LOT 1, ASLS 81-38 LIVENGOOD A-2 | FOO3NO01W26 4.981 2306 c BLOCK 2, LOT 3, ASLS 81-38 LIVENGOOD A-2 FOO3NO01W26 4.961 2307 C 408238 BLOCK 2, LOT 4, ASLS 81-38 LIVENGOOD A-2 FOO3NO01W26 9.989 08 C 408240 BLOCK 2, LOT 6, ASLS 81-38 LIVENGOOD A-2 FOO3NO01W26 4.942 10 C 408242 BLOCK 2, LOT 8, ASLS 81-38 LIVENGOOD A-2 FOO3NO01W26 4.995 2311 C 408243 BLOCK 2, LOT 9, ASLS 81-38 LIVENGOOD A-2 FOO3NO01W26 4.941 2316 c BLOCK 2, LOT 11, ASLS 81-38 LIVENGOOD A-2 FOO3N001W35 2.364 = c TRACT D, ASLS 80-189 LIVENGOOD A-2 FOO3N001W35 5.250 27 C 407322 BLOCK 4, LOT 2, ASLS 80-189 LIVENGOOD A-2 FOO3NO001W35 9.697 2328 c TRACT C, ASLS 80-189 LIVENGOOD A-2 FOO3NO01W35 5.296 2329 c BLOCK 5, LOT 2, ASLS 80-189 LIVENGOOD A-2 FOO3N001W36 80.000 2509 C 408959/408958 S*NWh LIVENGOOD A-2 FOO3N001W36 4.636 ae c BLOCK 1, LOT 2, ASLS 80-189 LIVENGOOD A-2 FO03N001W36 5.146 Ae c BLOCK 1, LOT 5, ASLS 80-189 LIVENGOOD A-2 FOO3N001W36 4.686 2519 C 407318 BLOCK 2, LOT 1, ASLS 80-189 LIVENGOOD A-2 FOO3N001W36 4.636 2320 C 407319 BLOCK 2, LOT 2, ASLS 80-189 LIVENGOOD A-2 FOO3N001W36 4.636 2a C 407320 BLOCK 2, LOT 3, ASLS 80-189 LIVENGOOD A-2 FOO3NO01W36 3.774 = c BLOCK 2, LOT 7, ASLS 80-189 LIVENGOOD A-2 FOO3N001W36 13.865 2323 c TRACT A, ASLS 80-189 LIVENGOOD A-2 1/20/92 Page 24 SUMMARY PSL LISTING SERIES C fares ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION contd meas FOO3NO01W36 = 6.795 4, BLOCK 3, LOT 1, ASLS 80-189 LIVENGOOD A-2 FOO3NO01W36 = 5.305 5 BLOCK 3, LOT 2, ASLS 80-189 LIVENGOOD A-2 FOO3NO01W36 ©—-5.000 0 BLOCK 4, LOT 7, ASLS 80-189 LIVENGOOD A-2 FOO3NO01W36 5.000 1 BLOCK 4, LOT 8, ASLS 80-189 LIVENGOOD A-2 FOO3NOO1W36 = 5.027 2352 BLOCK 4, LOT 9, ASLS 80-189 LIVENGOOD A-2 [Foosnoo1w36 4.128 2333 BLOCK 4, LOT 11, ASLS 80-189 LIVENGOOD A-2 FOO3NOO1W36 = 4.578 2334 BLOCK 4, LOT 12, ASLS 80-189 LIVENGOOD A-2 FOO3NO01W36 5.252 2335 BLOCK 4, LOT 13, ASLS 80-189 LIVENGOOD A-2 |FOOSNOO1W36 = 5.033 2336 BLOCK 4, LOT 14, ASLS 80-189 LIVENGOOD A-2 FOO3NO01W36 5.125 2337 BLOCK 4, LOT 15, ASLS 80-189 LIVENGOOD A-2 [FOO4NOOTEZS 120.000 2668 408457 SHSE%, SESW LIVENGOOD A-1 -FOO4NOO1E3S 160.000 2669 412457 NEK LIVENGOOD A-1 FOO4NOOIE3S 60.000 2670 WASW%, EXCLUDING USMS 1908 & 1959, & EXCLUDING LIVENGOOD A-2 + STEESE HWY ROW FOO4NOO1E36 200.000 2ert 412457 PORTION OF Ni LYING NORTH OF STEESE HWY ROW, LIVENGOOD A-1 FOO4NO02EO1 180.000 2650 411905 SEUSWK, SE% EXCLUDING USS 4382 LIVENGOOD A-1 FOO4NO02E11 170.000 2652 SEYSEMNEX, SE% LIVENGOOD A-1 FOO4NOOZE12 160.000 2651 411904863136 NW INCLUDING USS 3683 LIVENGOOD A-1 FOO4NOO2E14 320.000 2653 Wh LIVENGOOD A-1 FOO4NOOZE15 80.000 2654 SHSE% LIVENGOOD A-1 FOO4NOO2E20 40.000 2655 SYSASE% LIVENGOOD A-1 FOO4NOO2E21 350.000 2656 SYeNE%, PORTION OF THE Siz NORTH OF STEESE HWY ROW LIVENGOOD A-1 FOO4NOOZE22 100.000 zak? PORTION OF Ni LYING NORTH OF STEESE HWY ROW LIVENGOOD A-1 FOO4NOO2E29 70.000 2658 PORTION OF NE% LYING NORTH OF STEESE HWY ROW LIVENGOOD A-1 FOO4NOO2E29 30.000 2659 PORTION OF NW% LYING NORTH OF USS 4302 LIVENGOOD A-1 FOO4NOO2E30 350.000 2660 SYANWk, NE%, SWk, EXCLUDING USS 4081 LIVENGOOD A-1 T 1/20/92 Page 25 SUMMARY PSL LISTING SERIES C {TRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP *005S004E22 29.770 3d 2 C 65299 LOTS 15 & 16 BIG DELTA B-6 *005S004E22 23.000 3983 C 65299 LOTS 2, 29, N&SWANEVNEK BIG DELTA B-6 *005S004E26 4.774 3984 C 412698 te HOLLIES ACRES SUBDIVISION (PLAT NO. BIG DELTA B-6 *005S004E36 328.960 sas C 39238 AM er rae TRACT A, HARDING LAKE ALASKA BIG DELTA B-6 ‘005S004E36 0.793 aI c 59215 BLOCK 6, LOT 3, HARDING LAKE ALASKA SUBDIVISION BIG DELTA B-6 ‘005S004E36 0.793 3087 Cc 59214 BLOCK 6, LOT 4, HARDING LAKE ALASKA SUBDIVISION BIG DELTA B-6 005S004E36 0.794 3988 c 59118 BLOCK 6, LOT 13, HARDING LAKE ALASKA SUBDIVISION BIG DELTA B-6 005S004E36 1.590 3989 C 21838 Boe oR oats 16 & 17, HARDING LAKE ALASKA BIG DELTA B-6 005S004E36 0.793 3060 c ° 32921 BLOCK 6, LOT 18, HARDING LAKE ALASKA SUBDIVISION BIG DELTA B-6 005S004E36 0.793 30p1 Cc 19705 BLOCK 6, LOT 21, HARDING LAKE ALASKA SUBDIVISION BIG DELTA B-6 005S004E36 0.793 3092 C 32684 BLOCK 6, LOT 19, HARDING LAKE ALASKA SUBDIVISION BIG DELTA B-6 005S004E36 1.222 3093 C 32685 BLOCK 6, LOT 22, HARDING LAKE ALASKA SUBDIVISION BIG DELTA B-6 005S005E17 240.000 30 c S&S, NASWh BIG DELTA B-6 005S005E18 160.000 3190 c | SWh BIG DELTA B-6 005S005E19 599.000 3191 c ALL BIG DELTA B-6 O05S005E20 160.000 a c NAN BIG DELTA B-6 007S006E15 5.080 2a72 C 62472 ASLS 84-24 BIG DELTA B-6 007S006E17 30.000 1828 c LOT 10 BIG DELTA B-6 007S006E24 11.090 ane c GLO LOT 5 BIG DELTA B-5 007S018W03 1.000 3198 C 414385 ATOP HILL 1570 IN THE NWANWK KANTISHNA B-3 008S009W14 383.130 3441 c T LoT 5 FAIRBANKS A-5 008S009W14 17.340 3469 c LOT 4 FAIRBANKS A-5 008S009W14 40.000 3170 c SEUSE% FAIRBANKS A-5 008S009W14 32.350 3171 c LOT 1 FAIRBANKS A-5 008S009W14 23.790 3172 c LOT 2 FAIRBANKS A-5 ( 720/92 Page 26 * SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION omc FOO8S009W14 80.000 c ERNE FAIRBANKS A-5 FOO8S009W15 4.505 c TRACT T, ASLS 80-120 FAIRBANKS A-5 FO08S009W15 54.320 c TRACT U-1, ASLS 84-25 FAIRBANKS A-5 FOO8S009W15 12.520 C 408745 TRACT G, ASLS 80-120 FAIRBANKS A-5 FOO8S009W15 85.110 c TRACT H, ASLS 80-120 FAIRBANKS A-5 FOO8S009W15 58.710 c TRACT B, ASLS 80-120 FAIRBANKS A-5 FOO08S009W15 77.340 c TRACT I, ASLS 80-120 FAIRBANKS A-5 FOO8S009W15 4.385 C 406998 BLOCK 16, LOT 3, ASLS 80-120 FAIRBANKS A-5 FOO8S009W15 4.788 3181 C 406999 BLOCK 16, LOT 4, ASLS 80-120 FAIRBANKS A-5 FOO8SO009W15 4.959 3182 C 407044 BLOCK 13, LOT 2, ASLS 80-120 FAIRBANKS A-5 FOO8S009W15 4.959 31 C 407045 BLOCK 13, LOT 3, ASLS 80-120 FAIRBANKS A-5 FOO8S009W15 4.859 31 C 407046 BLOCK 13, LOT 4, ASLS 80-120 FAIRBANKS A-5 FOO8S009W15 4.912 3185 C 406983 BLOCK 12, LOT 18, ASLS 80-120 FAIRBANKS A-5 FOO8S009W15 4.683 31 C 406984 BLOCK 12, LOT 19, ASLS 80-120 FAIRBANKS A-5 FOO8S009W15 2.500 aif? C 410185 TRACT U-2, ASLS 84-25 FAIRBANKS A-5 FOO8S009W23 461.700 3442 c LoT 5 FAIRBANKS A-5 FOO8SO009W23 20.490 3448 c LOT 1 FAIRBANKS A-5 FOO8S009W23 20.070 = c LOT 2 FAIRBANKS A-5 FOO8S009W23 43.280 3250 c LoT 3 FAIRBANKS A-5 FOO8SO009W23 80.000 si c EYNEX FAIRBANKS A-5 F008S010E08 2.910 3120 c BLOCK 1, LOT 1, QUARTZ LAKE SUBDIVISION BIG DELTA A-4 F008S010E17 3.860 a c BLOCK 1, LOT 2, QUARTZ LAKE SUBDIVISION BIG DELTA A-4 F008S010E17 4.080 3122 c BLOCK 1, LOT 3, QUARTZ LAKE SUBDIVISION BIG DELTA A-4 F008S010E17 3.450 3123 c BLOCK 1, LOT 4, QUARTZ LAKE SUBDIVISION BIG DELTA A-4 F008S010E17 2.260 3124 c BLOCK 1, LOT 5, QUARTZ LAKE SUBDIVISION BIG DELTA A-4 F008S010E17 2.090 3125 Cc 58913 BLOCK 1, LOT 13, QUARTZ LAKE SUBDIVISION BIG DELTA A-4 1/20/92 Page 27 SUMMARY PSL LISTING SERIES C TRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP 008S010E19 278.130 C 65463 ALL, EXCLUDING WATER BIG DELTA A-4 008S010E29 20.000 C 65463 NWANWK, EXCLUDING WATER & USS 4265 BIG DELTA A-4 308S010E30 95.000 C 65463 E'RNEUNW, NINE; EXCLUDING WATER BIG DELTA A-4 209S010E04 105.000 c TRACTS B, C, &D BIG DELTA A-4 209S010E05 360.800 C 410613 LOTS 2-4, SAN, NWKSE% BIG DELTA A-4 309S010E05 27.890 C 410613 LOT 6 BIG DELTA A-4 309S010E05 14.700 C 410613 LOT 7 BIG DELTA A-4 309S010E05 27.660 C 410613 LOT 8 BIG DELTA A-4 )09S010E27 40.000 c NWASWh BIG DELTA A-4 }09S010E28 152.750 c NWANEX, E%NE%, LOT 2 BIG DELTA A-4 }09S011E06 320.000 c $1/2NE1/4, SE1/4, $1/2SW1/4 BIG DELTA A-4 }09S011E07 153.000 c TRACT B BIG DELTA A-4 109S011E07 139.200 c TRACT C BIG DELTA A-4 109S013E15 155.000 c S% EXCLUDING OTE TRACTS BIG DELTA A-3 109S013E16 180.000 c SE%, SE%SWk EXCLUDING OTE TRACTS BIG DELTA A-3 109S013E21 280.000 c NWA, NE“SWh, Ni2SE% BIG DELTA A-3 109S013E22 140.000 c E% EXCLUDING OTE TRACTS BIG DELTA A-3 110S010E02 27.270 C 409439 | EWeSWkSWh, LOTS 15 & 16 BIG DELTA A-4 110S010E03 37.920 C 409439 NWASEUSE%, SEYSE%SEX, LOTS 45-47 BIG DELTA A-4 110S010E10 25.900 C 409439 LOT 1 BIG DELTA A-4 '10S010E11 30.740 C 409439 Lots 1&3 BIG DELTA A-4 '10S010E13 40.000 Cc 62151 PORTION OF NW SWk WEST OF PIPELINE ROW: & SWKSWk BIG DELTA A-4 EXCLUDING QCD 620 & EXCLUDING ADL 414278 10S010E14 0.700 C 24032 posal ne 15, BLOCK 12, N.ADD. DELTA JUNCTION BIG DELTA A-4 10S010E14 0.600 c LOT 8, USS 2773 BIG DELTA A-4 10S010E14 6.937 C 39163 LOT 2, ASLS 89-75 BIG DELTA A-4 20/92 Page 28 SUMMARY PSL LISTING SERIES C ima ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION GuDtar F010S010E14 15.000 1 C 43276 BLOCK 11, N. ADD. DELTA JUNCTION TOWNSITE BIG DELTA A-4 ?010S010E14 15.000 1 c 32814 [ BLOCK 14A, N. ADD. DELTA JUNCTION TOWNSITE BIG DELTA A-4 *010S010E14 2.400 17480 C 31699 LOTS 6-13 & 18-25, BLOCK 16, N. ADD. DELTA JUNCTION BIG DELTA A-4 —|_TOWNSITE FO10S010E14 20.000 c PORTION OF NE%NW% EAST OF RICHARDSON HWY BIG DELTA A-4 FO10SO10E14 c PORTION OF NWk BETWEEN RICHARDSON HWY & DELTA RIVER BIG DELTA A-4 7010S010E14 0.400 c LOT 26, BLOCK 6, N. ADD. DELTA JUNCTION TOWNSITE BIG DELTA A-4 7010S010E14 0.400 c LOT 27, BLOCK 6, N. ADD. DELTA JUNCTION TOWNSITE | BIG DELTA A-4 #010S010E23 7.000 C 400743 LOTS 3-20, BLOCK 10, WEST ADD. DELTA JUNCTION BIG DELTA A-4 TOWNSITE FO10S010E23 14.000 4 c BLOCK 3, WEST ADDITION DELTA JUNCTION TOWNSITE BIG DELTA A-4 F010S010E23 60.000 ‘ c Byueee OF SW WEST OF SHAW AVENUE & EAST OF DELTA BIG DELTA A-4 F010S010E23 1.250 1 c 22287 LoTs 1, 2, 3, USS 3301 BIG DELTA A-4 F010S010E23 6.200 1789 c 1 BLOCK 8, WEST ADDITION DELTA JUNCTION TOWNSITE F010S010E23 1.450 1490 c LOT 1, TRACT A, USS 3292 BIG DELTA A-4 F010S010E23 0.500 17491 c LOT 2, TRACT A, USS 3292 BIG DELTA A-4 F010S010E23 0.470 1792 Cc LOT 52 BIG DELTA A-4 F010S010E23 0.470 1793 Cc LOT 53 BIG DELTA A-4 FO10SO10E23 0.470 1794. c LOT 54 BIG DELTA A-4 F010S010E23 0.470 i c LoT 55 BIG DELTA A-4 FO10SO10E23. 0.470 fe c LOT 56 BIG DELTA A-4 FO10SO10E23 0.470 val c LOT 57 BIG DELTA A-4 FO10SO10E23 0.460 798 OC LOT 57A BIG DELTA A-4 F010S010E23 2.000 799 c 400736 a He Ora 3292 DESIGNATED ON BIG DELTA A-4 F010S010E23 1.000 1g00 c LOT 66, TRACT F, USS 3292 BIG DELTA A-4 F010S010E23 0.500 1801 c LOT 83, TRACT F, USS 3292 BIG DELTA A-4 FO10SO10E23 1.000 1802. C LOT 58, TRACT F, USS 3292 BIG DELTA A-4 1/20/92 Page 29 SUMMARY PSL LISTING SERIES C ITRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP 010S010E23 2.000 1893 Cc LOT 77, TRACT F, USS 3292 BIG DELTA A-4 010S010E23 1.560 181 c 33730 LOT 18, 19 & 20, BLOCK 5, WEST ADDITION DELTA BIG DELTA A-4 JUNCTION TOWNSITE; LOT 15, TRACT B, USS 3292 010S010E23 9.440 is C 32928 SEC. LOT 37, & USS 2778 BIG DELTA A-4 010S010E23 14.000 1866 «C BLOCK 7, WEST ADDITION DELTA JUNCTION TOWNSITE BIG DELTA A-4 010S010E23 4.000 224 Oc Lot 19 BIG DELTA A-4 010S010E24 34.919 18b7 sc TRACT B, ASLS 84-1 BIG DELTA A-4 010S010E24 119.274 18b8 Cc 407828 TRACTS A & C, ASLS 84-1 BIG DELTA A-4 010S010E25 15.140 1809 ~=sc LOT 4 BIG DELTA A-4 010S010E25 15.080 a LOT 5 BIG DELTA A-4 010S010E26 15.020 if c LOT 4 BIG DELTA A-4 010S010E26 6.500 rate Cc LoT 5 BIG DELTA A-4 D10S010E26 12.810 1a13——OC LOT 6 BIG DELTA A-4 Q10S010E26 = 8.940 184 C Lot 7 BIG DELTA A-4 J10S010E26 0.430 1g15 oC LOT 47, TRACT C BIG DELTA A-4 J10S010E26 0.470 if c LOT 48, TRACT C BIG DELTA A-4 }10S010E26 0.470 1817 LOT 49, TRACT C BIG DELTA A-4 10801026 0.470 1B18 oc LOT 50, TRACT C BIG DELTA A-4 10S010E26 0.470 Pe c LOT 51, TRACT C BIG DELTA A-4 M0S010E26 0.100 me c PORTION OF LOT 42, TRACT B BIG DELTA A-4 M0SO10E26 —-0.520 pei c LOT 43, TRACT B BIG DELTA A-4 10S010E26 0.520 1b22. oc LOT 44, TRACT B BIG DELTA A-4 )0S010E26 —-0.500 1B23.c LOT 45, TRACT B BIG DELTA A-4 )10S010E26 0.460 = c LOT 46, TRACT B BIG DELTA A-4 )11S006W36 640.000 3p85 ALL HEALY D-4 )11S007W16 640.000 Sa Cc ALL HEALY D-4 111S007W36 640.000 3887 C ALL HEALY D-4 20/92 Page 30 SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION CLADE! FO12NO10W07 580.000 1885 ALL, NORTH OF YUKON RIVER LIVENGOOD D-6 FO12N011W01 640.000 : ALL NORTH OF YUKON RIVER LIVENGOOD D-6 FO12N011W12 220.000 1837 LAT PORTION LYING NORTH (RIGHT BANK) OF THE YUKON LIVENGOOD D-6 FO12N018E31 11.908 2 TRACT I, OLD CIRCLE AIRPORT CIRCLE D-1 FO12S007W16 640.000 3 ALL HEALY D-4 F012S008W08 4.900 1425 405605 LOT 3, BLOCK 17, ASLS 79-168 HEALY D-5 F012S008W08 5.000 1426 LOT 1, BLOCK 16, ASLS 79-168 HEALY D-5 F012S008W08 4.820 1438 LOT 13, BLOCK 7, ASLS 79-168 HEALY D-5 F012S008W08 4.980 1429 LOT 15, BLOCK 7, ASLS 79-168 HEALY D-5 FO012S008W08 5.250 1450 405547 LOT 6, LOT 8, ASLS 79-168 HEALY D-5 F012S008WO8 4.980 1451 405550 LOT 9, BLOCK 8, ASLS 79-168 HEALY D-5 FO12S008W08 8.740 1452 405519 LOT 1, BLOCK 9, ASLS 79-168 HEALY D-5 F012S008W08 5.340 1453 405574 LOT 1, BLOCK 11, ASLS 79-168 HEALY D-5 F012S008W08 5.470 14B4 LOT 2, BLOCK 12, ASLS 79-168 HEALY D-5 FO12S008W08 10.390 1485 TRACT I, ASLS 79-168 HEALY D-5 F012S008W08 5.530 wah TRACT N-1, ASLS 79-168 HEALY D-5 F012S008W08 10.000 1487 LOT 2, BLOCK 13, ASLS 79-168 HEALY D-5 F012S008W08 11.510 1458 LOT 3, BLOCK 13, ASLS 79-168 HEALY D-5 F012S008W08 10.000 149 LOT 1, BLOCK 14, ASLS 79-168 HEALY D-5 F012S008W08 10.080 1440 405596 LOT 4, BLOCK 15, ASLS 79-168 HEALY D-5 F012S008W08 10.010 1441 405597 LOT 5, BLOCK 15, ASLS 79-168 HEALY D-5 FO12S008W09 =-57.140 ia LOT A, ASLS 79-168 HEALY D-5 F012S008W09 4.940 1443 LOT 2, BLOCK 2, ASLS 79-168 HEALY D-5 F012S008W09 4.990 ia 405475 LOT 16, BLOCK 2, ASLS 79-168 HEALY D-5 FO12S008WO9 5.330 1445 LOT 19, BLOCK 2, ASLS 79-168 HEALY D-5 F012S008W09 5.000 1446 405480 LOT 2, BLOCK 3, ASLS 79-168 HEALY D-5 1/20/92 Page 31 SUMMARY PSL LISTING SERIES C TRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP 012s008W09 = 4.990 1447, Cc 405481 LOT 3, BLOCK 3, ASLS 79-168 HEALY D-5 O12s008W09 = 4.590 14h8 ==C(405491 LOT 13, BLOCK 3, ASLS 79-168 HEALY D-5 012s008W09 5.230 C 405529 LOT 11, BLOCK 7, ASLS 79-168 HEALY D-5 012s008W09 5.050 C 405496 LOT 4, BLOCK 4, ASLS 79-168 HEALY D-5 012S008W12 3.427 C 411937 ASLS 86-135 HEALY D-5 012S008W13 1.060 C 412399 LoT 7, BLOCK 3, HEALY SMALL TRACTS HEALY D-5 012S008W13 0.950 C 413941 LOT 5, BLOCK 4, HEALY SMALL TRACTS HEALY D-5 012S008W13 1.010 C 413866 LOT 4, BLOCK 5, HEALY SMALL TRACTS HEALY D-5 012s008W13 45.000 C SYSEVNWh, WASEKSWh, WANEVSEUSW HEALY D-5 012s008W13 20.000 c 407720 PORTION OF S%SE%; BOUNDED BY PARKS HWY, ASLS HEALY D-5 87-272, ASLS 83-42, & TRACT D OF HEALY SMALL TRACTS 1ST ADD. 012S008Ww13 9.000 c 407779 COMMENCING AT THE ALASKA DIVISION OF LANDS SURVEY HEALY D-5 SECTION QUARTER CORNER MONUMENT LOCATED AT THE SOUTHWEST CORNER OF THE SE OF SECTION 13, T12S, R8W, FM, THENCE NORTHEAST 27°, 1520 FEET TO CORNER #1,'A 4! BY 4" RED PAINTED POST WITH METAL PLAQUE THE TRUE POINT OF BEGINNING WHICH IS LOCATED ADJACENT TO C-W-SE1/64 CORNER OF SECTION 13, T12S, R8W, FM; THENCE WEST 270° 859.24 FEET ALONG A BOUNDARY COMMON TO TRACTS D-4 AND D-5 OF THE FIRST ADDITION HEALY SMALL TRACTS ALASKA SUBDIVISION TO CORNER #2, A 4" BY 4" RED PAINTED POST WITH METAL PLAQUE; THENCE NORTH 45°, 753 FEET ALONG THE MEANDER OF THE ORDINARY HIGH WATER MARK OF THE DRY CREEK SLOUGH TO CORNER #3, A 4" BY 4" RED PAINTED POST WITH METAL PLAQUE; THENCE EAST 90°, 340 FEET ALONG A COMMON BOUNDARY WITH ADL 407863'TO CORNER #4, A 4" BY 4" RED PAINTED POST WITH METAL PLAQUE THENCE SOUTH 180°, 695 FEET ALONG A COMMON BOUNDARY WITH ADL 407732 AND ADL 60293 (ASLS 83-42) TO CORNER #1, THE TRUE POINT BEGINNING OF THIS METES AND BOUNDS DESCRIPTION. 012s008W13 11.220 1448 3c 407742 ASLS 90-130 HEALY D-5 012s008W16 6.870 1499 «C LOT 9, BLOCK 1, ASLS 79-168 HEALY D-5 012S008W16 = 5.640 1440 «Cc LOT 11, BLOCK1, ASLS 79-168 HEALY D-5 0128008W16 5.270 1441 C«405453 LOT 22, BLOCK 1, ASLS 79-168 HEALY D-5 012S008W16 5.270 1442 Oc LOT 27, BLOCK 1, ASLS 79-168 HEALY D-5 012S8008W16 = 4.990 1443. C 405510 LOT 19, BLOCK 4, ASLS 79-168 HEALY D-5 012s008W24 400.000 1446 =C 407715 ALL EXCEPT HEALY SMALL TRACTS & EXCEPT PATENTED OR HEALY D-5 SOLD LANDS /20/92 Page 32 SUMMARY PSL LISTING SERIES C ea ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION anime |[Fot2s009WO5 160.000 SW HEALY D-5 FO12S009W06 160.000 ] sex HEALY D-5 FO12S024W19 70.000 PORTION OF TRACT A, ALSO KNOWN AS MOOSE ISLAND MT. MCKINLEY D-5 FO14S006W31 80.000 401869 SE% EXCLUDING ASLS 83-194 HEALY C-4 FO14S006W32 80.000 401869 SHSWK HEALY C-4 FO14S007W36 15.000 414520 PORTION OF LOT 3, USS 5566 LYING SOUTH OF PARKS HWY HEALY C-4 FO14S007W36 «6.721 414520 TRACT A, ASLS 83-194 (WITHIN SEC 36, T14S, R7W, FM) HEALY C-4 FO14S007W36 13.185 408733 TRACT D, ASLS 83-194 HEALY C-4 F014S007W36 = 3.000 401838 IRREGULAR-SHAPED TRACT LYING ADJACENT TO THE WEST HEALY C-4 STATUS AS ADL 401838 |F014S007W36 403.070 223456 TRACT C HEALY C-4 FO14S007W36 5.000 LOT 4, USS 5565 HEALY C-4 FO14S007W36 =: 1.353 TRACT E, ASLS 83-194 HEALY C-4 FO14S007W36 2.359 TRACT B, ASLS 83-194 HEALY C-4 FO14S007W36 = 5.080 LOT 2-A, ASLS 82-91 HEALY C-4 KO11S034W25 0.000 LOT 34, BLOCK 67, NOME TOWNSITE NOME C-1 KO11S034W25 0.000 LOT 4, BLOCK 67, NOME TOWNSITE NOME C-1 KO11S034W25 0.000 LOT 5, BLOCK 67, NOME TOWNSITE NOME C-1 K011S034W25 0.000 LOT 6, BLOCK 67, NOME TOWNSITE NOME C-1 K011S034W25 0.000 LOT 7, BLOCK 67, NOME TOWNSITE NOME C-1 KO11S034W25 0.000 LOT 8, BLOCK 67, NOME TOWNSITE NOME C-1 |ko11S034W25 0.000 LOT 30, BLOCK 67, NOME TOWNSITE NOME C-1 KO11S034W25 0.000 LOT 31, BLOCK 67, NOME TOWNSITE NOME C-1 K011S034W25 0.000 LOT 35, BLOCK 67, NOME TOWNSITE NOME C-1 /kO11S034W25 0.000 LOT 36, BLOCK 67, NOME TOWNSITE NOME C-1 'KO11S034W25 0.000 LOT 37, BLOCK 67, NOME TOWNSITE NOME C-1 11/20/92 Page 33 SUMMARY PSL LISTING SERIES C TRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP 011S034W25 0.000 1402 c LOT 38, BLOCK 67, NOME TOWNSITE NOME C-1 011S034W25 0.000 1403 c LOT 39, BLOCK 67, NOME TOWNSITE NOME C-1 011S034W25 0.000 1 c LOT 40, BLOCK 67, NOME TOWNSITE NOME C-1 011S034W25 0.000 1405 c LOT 41, BLOCK 67, NOME TOWNSITE NOME C-1 011S034W25 0.000 c LOT 42, BLOCK 67, NOME TOWNSITE NOME C-1 011S034W25 0.000 c LOT 43, BLOCK 67, NOME TOWNSITE NOME C-1 011S034W26 0.000 c LOT 5, BLOCK 104, NOME TOWESITE NOME C-1 011S034W26 0.000 c LOT 7, BLOCK 104, NOME TOWNSITE NOME C-1 011S034W26 0.000 c LOT 8, BLOCK 104, NOME TOWNSITE NOME C-1 011S034W26 0.000 c LOT 6, BLOCK 98, NOME TOWNSITE NOME C-1 011S034W26 0.000 c LOT 7, BLOCK 98, NOME TOWNSITE NOME C-1 011S034W26 0.000 c LOT 10, BLOCK 60, NOME TOWNSITE NOME C-1 011S034W26 0.000 c LOT 11, BLOCK 60, NOME TOWNSITE NOME C-1 011S034W26 0.000 c LOT 12, BLOCK 60, NOME TOWNSITE NOME C-1 011S034W26 0.000 c PORTION OF LOT 8, BLOCK 62, NOME TOWNSITE NOME C-1 011S034W26 0.000 c LOTS 2A & 3A, BLOCK 63, NOME TOWNSITE NOME C-1 011S034W26 0.000 c PORTION OF LOT 1A, BLOCK 64A, NOME TOWNSITE NOME C-1 011S034W26 0.000 c LOT 8A, BLOCK 92, NOME TOWNSITE NOME C-1 011S034W26 0.000 c LOT 9A, BLOCK 92, NOME TOWNSITE NOME C-1 011S034W26 0.000 c LOT 10A, BLOCK 92, NOME TOWNSITE NOME C-1 011S034W26 0.000 13485 c LOT 11A, BLOCK 92, NOME TOWNSITE NOME C-1 011S034W26 0.000 1986 c LOT 12A, BLOCK 92, NOME TOWNSITE NOME C-1 011S034W26 0.000 1387 c LOT 13A, BLOCK 92, NOME TOWNSITE NOME C-1 011S034W26 0.000 1388 c PORTION OF LOT 21 & 22, BLOCK 91, NOME TOWNSITE NOME C-1 011S034W26 0.000 1389 c LOT 23, BLOCK 91, NOME TOWNSITE NOME C-1 011S034W26 6.500 13p0 C 412963 NWKSWh & PORTION Si2S¥SWANWk WITHIN THE AREA NOME C-1 i OUTLINED ON DNR STATUS AS ADL 412963 120/92 Page 34 SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION —— K011S034W35 0.000 1458 c LOT 35, BLOCK 66, NOME TOWNSITE NOME B-1 KO11S034W35 0.000 abs c LOT 6, BLOCK 50, NOME TOWNSITE NOME B-1 KO11S034W35 0.000 1410 oc LOT 1A, BLOCK 31, NOME TOWNSITE NOME B-1 KO11S034W35 0.000 141 c LOT 2A, BLOCK 31, NOME TOWNSITE NOME B-1 KO11S034W35 0.000 a c LOT 5, BLOCK 16, NOME TOWNSITE NOME B-1 KO11S034W35 0.000 14h3 oc LOT 6, BLOCK 16, NOME TOWNSITE NOME B-1 K011S034W35 0.000 14he oc E 20' LOT 32, BLOCK 31B, NOME TOWNSITE NOME B-1 K011S034W35, 0.000 vhs C 56036 LOT 6, BLOCK "L", LOTS 25 "A" 28, 29, 30, NOME B-1 } 31, 38, 33A, AND’35 OF BLOCK & ACCORDING fo THE AMENDED PLAT OF THE TOWNSITE OF NOME, EXCEPTING TET rar ie lores Mas ce KO11S034W35 0.000 1416 CS ‘56163 EAST 20' LOT 4, & LOT 5, BLOCK L, NOME TOWNSITE NOME B-1 K011S034W35 0.000 1417 «CS (56984 LOTS 1, 2, 3, & WEST 10' LOT 4, BLOCK L, NOME NOME B-1 TOWNSITE K011S034W36 0.000 13h4 264 LOT 1, BLOCK 15, NOME TOWNSITE NOME B-1 KO11S034W36 0.000 1365 C264 LOT 2, BLOCK 15, NOME TOWNSITE NOME B-1 KO11S034W36 0.000 1H6 C264 LOT 3, BLOCK 15, NOME TOWNSITE NOME B-1 K011S034W36 0.000 19467 C264 LOT 4, BLOCK 15, NOME TOWNSITE NOME B-1 KO11S034W36 0.000 1448 C264 LOT 5, BLOCK 15, NOME TOWNSITE NOME B-1 K011S034W36 0.000 19 C264 LOT 16, BLOCK 15, NOME TOWNSITE NOME B-1 |KO11S034W36 0.000 1350 C264 LOT 17, BLOCK 15, NOME TOWNSITE NOME B-1 |KO11S034W36 0.000 13§1 C264 LOT 18, BLOCK 15, NOME TOWNSITE NOME B-1 |KO11S034W36 0.000 1392, C264 LOT 19, BLOCK 15, NOME TOWNSITE NOME B-1 |KO11S034W36 0.000 1343 Cc 264 LOT 20, BLOCK 15, NOME TOWNSITE NOME B-1 |KO11S034W36 0.000 aps C264 LOT 21, BLOCK 15, NOME TOWNSITE NOME B-1 /KO11S034W36 0.000 1955 Cc BLOCK 50C, LOT 6, NOME TOWNSITE NOME B-1 |KO11S034W36 0.000 1356 CS 412352 LOT 7A, BLOCK 86, NOME TOWNSITE NOME B-1 K011S034W36 0.000 157 CC LOT 1, BLOCK 47, NOME TOWNSITE NOME B-1 71/20/92 Page 35 SUMMARY PSL LISTING SERIES C TRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP 311S034W36 0.000 c LOT 1, BLOCK 48, NOME TOWNSITE NOME B-1 311S034W36 0.000 c LOT 10, BLOCK 48, NOME TOWNSITE NOME B-1 311S034W36 0.000 c LOT 1A, BLOCK 49, NOME TOWNSITE NOME B-1 011S034W36 0.000 c LOT 12A, BLOCK 49, NOME TOWNSITE NOME B-1 011S034W36 0.000 c LOT 3A, BLOCK 66, NOME TOWNSITE NOME B-1 011S034W36 0.000 c LOT 2, BLOCK 48, NOME TOWNSITE NOME B-1 011S034W36 0.000 c LOT 3, BLOCK 48, NOME TOWNSITE NOME B-1 011S8034W36 0.000 c LOT 4, BLOCK 48, NOME TOWNSITE NOME B-1 011S034W36 0.000 c LOT 2, BLOCK 49, NOME TOWNSITE NOME B-1 011S034W36 0.000 c LOT 3, BLOCK 49, NOME TOWNSITE NOME B-1 011S034W36 0.000 c LOT 4, BLOCK 49, NOME TOWNSITE NOME B-1 011S034W36 0.000 c LOT 5, BLOCK 49, NOME TOWNSITE NOME B-1 011S034W36 0.000 c LOT 6, BLOCK 49, NOME TOWNSITE NOME B-1 001N001E19 320.000 c Wh SEWARD A-7 001NO01E30 400.000 c WANEX, Wh SEWARD A-7 001N001E31 320.000 c Wh SEWARD A-7 001N001W20 160.000 c NAN'R SEWARD A-7 001N001W21 400.000 c Nk, N&SE% SEWARD A-7 001N001W24 195.000 c SYANWUNWh, SWANWK, SY2SEUNW, NY2SWh, NEKSWKSWK, SEWARD A-7 EANWASWASWK, NY2SEUSWh 001N001W26 40.000 145 c NEUSEY SEWARD A-7 001N001W27 60.000 12 c SWhSE% SEWARD A-7 '001N001W28 80.000 12P4 c WASEX SEWARD A-7 '001N001W35 29.900 1286 c Lot 3 SEWARD A-7 '001N001W35 80.000 1247 c NASEX SEWARD A-7 i001N001W36 120.000 12 c ERNE, NE%SE% SEWARD A-7 1001S001E06 320.000 3549 c Eh SEWARD A-7 120/92 Page 36 SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP SO04N001E06 540.000 c WANEK, Wh, SE% SEWARD B-7 S004N001E07 640.000 c ALL SEWARD B-7 SO04N001E18 640.000 c ALL SEWARD B-7 SOO4NO01E19 640.000 c ALL SEWARD B-7 SO04NO01E30 440.000 c NEYNEX, WANE, Wh SEWARD B-7 S004N001WO1 160.000 c NE% (EXCLUDING USS 2528), E%NWK SEWARD B-7 S004N001W01 180.000 c ERSWh, SE% SEWARD B-7 $004N001W01 3.990 c _[_uss 2528, LoT 8 SEWARD B-7 $004N001W01 3.990 c | USS 2528, LOT 9 SEWARD B-7 $004N001W01 4.190 c USS 2528, LOT 10 SEWARD B-7 S004N001W01 4.050 c [Buss 2528, LOT 11 SEWARD B-7 $004N001W01 4.230 c USS 2528, LOT 13 SEWARD B-7 $004N001W01 4.290 c USS 2528, LOT 15 SEWARD B-7 $004N001W01 4.150 c USS 2528, LOT 16 SEWARD B-7 $004N001W01 4.820 c USS 2528, LOT 30 SEWARD B-7 $004N001W01 4.350 c USS 2528, LOT 31 SEWARD B-7 $004N001W01 4.720 c USS 2528, LOT 32 SEWARD B-7 $004N001W01 4.690 c USS 2528, LOT 33 SEWARD B-7 $004N001W01 1.700 c USS 2528, LOT 36 SEWARD B-7 $004N001W01 1.800 11770 c USS 2528, LOT 40 SEWARD B-7 $004N001W01 1.400 1971 c USS 2528, LOT 41 SEWARD B-7 $004N001W12 320.000 1172 c E%, EvWh EXCLUDING USS 3081, 3300, AND 2535 SEWARD B-7 $004N001W13 320.000 1 c Ek, EvWh, SWANWk, WhSWh EXCLUDING USS 1778 SEWARD B-7 $004N001W13 47.730 1174 c uss 1778 SEWARD B-7 $004N001W13 0.086 11 c ASLS 86-6: TRACT B SEWARD B-7 $004N001W13 0.870 11/76 c ASLS 86-176: LOT 4 SEWARD B-7 1/20/92 Page 37 SUMMARY PSL LISTING SERIES C TRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP 004N001W13 0.880 c ASLS 86-176: LOT 6 SEWARD B-7 004N001W13 0.810 c ASLS 86-176: LOT 7 SEWARD B-7 004N001W13 0.720 c ASLS 86-176: LOT 11 SEWARD B-7 004N001W24 320.000 c ALL EXCLUDING PLO 4355, PLO 1731, USS 2520, USS 776 SEWARD B-7 004N001W25 160.000 c ALL EXCLUDING PLOS AND USS SEWARD B-7 D05N001E30 640.000 c ALL SEWARD B-7 D05NO001E31 640.000 c ALL SEWARD B-7 D05N001W12 200.000 c SEUSWh, SE% SEWARD C-7 305N001W13 550.000 c E%, NEUNWK, SANWh, SWh SEWARD C-7 205N001W14 40.000 c SEUSEX SEWARD C-7 305N001W22 375.000 c SYNWh, Sk SEWARD C-7 205N001W23 330.000 c NEK, E%NWh, SWANWK, Sir SEWARD C-7 205N001W24 100.000 c ALL EXCLUDING USS 2280 SEWARD C-7 JO5NO01W25 160.000 c N% EXCLUDING USS 2529 SEWARD B-7, C-7 DO5NO01W25 140.000 c S’ EXCLUDING W%SW% AND US SURVEYS SEWARD B-7, C-7 JO5NO01W25 2.000 c USS 2676, BLOCK 3, LOT 5 SEWARD B-7, C-7 305N001W25 10.000 c USS 2676, BLOCK 7, ALL SEWARD B-7, C-7 205NO001W25 60.000 c USS 2676, BLOCK 8, ALL SEWARD B-7, C-7 2O5NO01W26 66.000 c SYANE% SEWARD B-7, C-7 J05N001W36 4.650 c USS 2528: LOT 2 SEWARD B-7 305N001W36 4.140 c USS 2528: LOT 3 SEWARD B-7 J05NO01W36 3.930 if c USS 2528: LOT 4 SEWARD B-7 J05NO01W36 3.560 1402 c USS 2528: LOT 6 SEWARD B-7 J05N001W36 3.900 1203 c USS 2528: LOT 18 SEWARD B-7 305N001W36 4.010 1204 c USS 2528: LOT 19 SEWARD B-7 JO5NO01W36 4.610 1205 c USS 2528: LOT 20 SEWARD B-7 20/92 Page 38 SUMMARY PSL LISTING SERIES C re ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION OUADIUAP SOO5NO01W36 4.720 126 c USS 2528: LOT 21 SEWARD B-7 SO05NO01W36 3.970 1207 c USS 2528: LOT 24 SEWARD B-7 | SOOSNOO1W36 4.410 1208 c USS 2528: LOT 25 SEWARD B-7 S005N001W36 4.860 1209 c USS 2528: LOT 26 SEWARD B-7 SO05N001W36 4.450 c USS 2528: LOT 27 SEWARD B-7 | SO05N001W36 4.570 c USS 2528: LOT 28 SEWARD B-7 | S005NO01W36 4.710 c USS 2528: LOT 29 SEWARD B-7 | SOOSNOO1W36 1.250 c USS 2528: LOT 34 SEWARD B-7 | SOOSNO01W36 1.000 c USS 2528: LOT 35 SEWARD B-7 | SOOSNOO1W36 1.700 c USS 2528: LOT 37 SEWARD B-7 | S005N001W36 1.800 c USS 2528: LOT 38 SEWARD B-7 | SOOSNOO1W36 1.800 c USS 2528: LOT 39 SEWARD B-7 eS aw SPS ie care ae LINE OF KENAI LAKE | SOO5NO03W36 15.000 E'%SE% EXCLUDING ASLS 85-339 SEWARD B-8 5005S010W10 80.000 = c SUSWh SELDOVIA C-3 /$005S010W15 560.000 1264 ALL EXCLUDING POWER SITE WITHDRAWAL SELDOVIA C-3, } CORDOVA D-3 $005S010W16 640.000 12335. Cc ALL SELDOVIA C-3, CORDOVA D-3 $005S010W17 240.000 1246 Oc El EXCLUDING USS 3355 SELDOVIA C-3, CORDOVA D-3 $005S010W17 5.000 1237 c LOT 1A SELDOVIA C-3, CORDOVA D-3 $005S010W17 5.500 1238 OC LOT 1B SELDOVIA C-3, CORDOVA D-3 $005S010W17 6.000 1239 —«C LoT 1c SELDOVIA C-3, j CORDOVA D-3 $005S010W17 6.000 1240 C LOT 1D SELDOVIA C-3, - CORDOVA D-3 11/20/92 Page 39 SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP $005S010W17 5.000 c LOT 1E SELDOVIA C-3, CORDOVA D-3 3005S010W17 5.000 c LOT 1F SELDOVIA C-3, CORDOVA D-3 3005S010W17 5.000 c LOT 1G SELDOVIA C-3, CORDOVA D-3 3005S010W17 5.000 c LOT 1H SELDOVIA C-3, CORDOVA D-3 3005S010W17 5.000 c LOT 11 SELDOVIA C-3, ———t CORDOVA D-3 3005S010W17 5.000 c LOT 1J SELDOVIA C-3, CORDOVA D-3 3005S010W17 5.000 c LOT 1K SELDOVIA C-3, CORDOVA D-3 3005S010W17 5.000 c LOT 1L SELDOVIA C-3, CORDOVA D-3 3005S010W19 2.000 c ASLS 85-225, TRACT A SELDOVIA C-3, CORDOVA D-3 3005S010W20 320.000 c ALL EXCLUDING US SURVEYS AND ASLSS SELDOVIA C-3, CORDOVA D-3 3005S010W21 640.000 1451 c ALL SELDOVIA C-3, CORDOVA D-3 3005S010W22 640.000 1452 c ALL SELDOVIA C-3, CORDOVA D-3 3005S010W23 640.000 1453 c ALL SELDOVIA C-3, CORDOVA D-3 3005S010W26 320.000 1454 c Nh SELDOVIA C-3, CORDOVA D-3 3005S010W27 400.000 1455 c Nk, N/SWh SELDOVIA C-3, CORDOVA D-3 3005S010W28 600.000 1456 c ALL SELDOVIA C-3, CORDOVA D-3 3005S010W28 0.000 - c ASLS 85-225, FAILED ENTRIES SELDOVIA C-3, CORDOVA D-3 3005S010W29 160.000 1258 c ALL UNSUBDIVIDED LANDS SELDOVIA C-3, CORDOVA D-3 3005S010W29 0.000 1459 c ASLS 85-225: BLOCK 5, LOT 1 SELDOVIA C-3, | CORDOVA D-3 3005S010W29 2.000 1260 c ASLS 73-54: TRACT G SELDOVIA C-3, - CORDOVA D-3 /20/92 Page 40 SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION ; QUAD MAP $005S010W29 0.000 1461 c ASLS 73-54: TRACT D SELDOVIA C-3, CORDOVA D-3 $005S010W29 0.000 1 c ASLS 73-54: TRACT E SELDOVIA C-3, CORDOVA D-3 $005S010W30 3.000 ASLS 85-225: BLOCK 5, LOT 8 SELDOVIA C-3, CORDOVA D-3 $005S010W30 3.000 ASLS 85-225: BLOCK 5, LOT 13 SELDOVIA C-3, careremae CORDOVA D-3 $005S010W30 320.000 ALL UNSUBDIVIDED LANDS SELDOVIA C-3, FL CORDOVA D-3 $005S011W24 4.300 ASLS 76-59: TRACT B SELDOVIA C-3, CORDOVA D-3 $005S011W24 4.260 US SURVEY 3356 - LOT 2 SELDOVIA C-3, CORDOVA D-3 $008N010W02 13.420 GLO LOT 3 KENAI D-3 + . $008N010W02 22.430 GLO LOT 4 KENAI D-3 S008N010W02 39.690 GLO LOT 5 KENAI D-3 $008N010W02 34.270 GLO LOT 6 KENAI D-3 $008N010W02 31.360 GLO LOT 7 KENAI D-3 $008N010W02 80.000 NRASWh KENAI D-3 $008N010W10 80.000 ERSE% KENAI D-3 $008N010W11 22.300 GLO LOT 1 KENAI D-3 $008N010W11 17.860 GLO LOT 2 KENAI D-3 $008N010W11 39.980 GLO LOT 3 KENAI D-3 $008N010W11 23.600 L GLO LOT 4 KENAI D-3 $008N010W11 32.240 GLO LOT 5 KENAI D-3 | SO08N010W11 38.200 GLO LOT 6 KENAI D-3 | s008N010W11 360.000 EMNEK, WASWh, SEMSWK, SEY KENAI D-3 |S012N004WOS 80.000 NENW ANCHORAGE A-8 |S012N004W06 160.000 N'AN'2 ANCHORAGE A-8 11/20/92 Page 41 SUMMARY PSL LISTING SERIES C MTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION QUAD MAP $012N004W13 30.000 42B7 c WhSEX ANCHORAGE A-8 SO13N003W32 160.000 3889 c NE% ANCHORAGE A-8 $013N003W34 10.000 1595 c NYASANEUNEY ANCHORAGE A-8 $013N003W34 5.000 c WWW ANWUANEY ANCHORAGE A-8 $013N003W34 7.500 c WREVNWASWUANE%, WANWASWUANEM ANCHORAGE A-8 $013N003W34 10.000 c SWASEUNEY ANCHORAGE A-8 |S013N003W34 30.000 c EYNEVNWK, NEY%SE“NWA ANCHORAGE A-8 | $013N003W34 2.500 c SWUNWKSEUNE ANCHORAGE A-8 | S019N004W03 30.000 c SYRSWUANE%, SYN2SWKNEX ANCHORAGE D-8 | S019N004WO5 40.000 c SEUNEX TYONEK D-1 $019N004WO5 10.000 c SEVNWKSW% TYONEK D-1 S019N004WO05 64.000 c WhSWk PORTION WEST OF ALASKA RAILROAD TYONEK D-1 S019N004W06 40.000 c NEVSEX TYONEK D-1 $019N004W06 20.000 c EVNWKSE% TYONEK D-1 $019N004W06 30.000 c E%SW&SE%, SE%SE% PORTION WEST OF PARKS HWY TYONEK D-1 $019N004W08 35.000 c SE%SWh PORTION WEST OF ALASKA RAILROAD TYONEK C-1 $019N004W17 60.000 c NWANE% PORTION WEST OF ALASKA RAILROAD, NENW TYONEK C-1 SO19N004W21 137.400 c GLO LOTS 5, 7, E%NWk TYONEK C-1 $019N004W21 12.460 c GLO LOT 6 TYONEK C-1 S019N004W21 2.220 c GLO LOT 4 TYONEK C-1 $019N004W28 6.660 c GLO LOT 26 TYONEK C-1 SO19N004W34 32.460 1 c GLO LOT 4 ANCHORAGE C-8 SO019N004W34 20.000 11p0 c NANWKSEX ANCHORAGE C-8 S019N004W34 65.000 1101 c SYNWUANEUNE, SWANEUNEX, NWANEK, SEXSWANEK ANCHORAGE C-8 {so19s019W27 120.000 1636 c [aut THAT PORTION OF BIG FORT ISLAND AFOGNAK B-2, C-28&3 |s0198019W28 385.000 16 c ALL INCLUDING ISLANDS AFOGNAK B-2, C-28&3 11/20/92 Page 42 SUMMARY PSL LISTING SERIES C “NTRS ACRES LOCAL PSL # SER ADL LEGAL DESCRIPTION aDTRAP $019S019W29 175.000 c ALL EXCLUDING BOROUGH APPROVED SELECTIONS AFOGNAK B-2, C-28&3 $019S019W32 360.000 c ALL EXCLUDING BOROUGH APPROVED SELECTION AFOGNAK B-2 $019S019W33 230.000 c | Att AFOGNAK B-2 $019S019W34 10.000 c ALL AFOGNAK B-2 $019S020W08 6.000 c SE%SE% EXCLUDING SHUYAK ISLAND STATE PARK AFOGNAK C-283 $019S020W09 370.000 c ALL EXCLUDING SHUYAK STATE PARK AFOGNAK C-28&3 $019S020W16 370.000 c ALL EXCLUDING BOROUGH APPROVED SELECTION AFOGNAK C-283 $019S020W17 280.000 c ALL EXCLUDING SHUYAK ISLAND STATE PARK AFOGNAK C-28&3 s019S8020W19 200.000 c ALL AFOGNAK C-283 $019S020W20 460.000 c ALL EXCLUDING BOROUGH APPROVED SELECTION AFOGNAK C-283 s019S020W21 15.000 c NWYNW% EXCLUDING BOROUGH APPROVED SELECTION AFOGNAK C-28&3 $019S020W29 29.000 c WrlWie EXCLUDING USS 1701 AFOGNAK C-28&3 $019S020W30 150.000 c ALL AFOGNAK C-283 $024N004W09 1.625 c BLOCK 1, LOT 2, BENKA LAKE SUBDIVISION TALKEETNA A-1 $024N004W09 1.703 c ] BLock 1, LOT 3, BENKA LAKE SUBDIVISION TALKEETNA A-1 $024N004W09 1.030 c BLOCK 1, LOT 5, BENKA LAKE SUBDIVISION TALKEETNA A-1 S024N004W09 2.090 c BLOCK 1, LOT 9, BENKA LAKE SUBDIVISION TALKEETNA A-1 S024N004W09 1.750 c BLOCK 1, LOT 11, BENKA LAKE SUBDIVISION TALKEETNA A-1 $024N004W09 2.930 c BLOCK 1, LOT 12, BENKA LAKE SUBDIVISION TALKEETNA A-1 $024N004W09 0.390 c BLOCK 1, LOT 13, BENKA LAKE SUBDIVISION TALKEETNA A-1 $024N004W09 1.920 c BLOCK 1, LOT 15, BENKA LAKE SUBDIVISION TALKEETNA A-1 3024N004W09 0.000 c BLOCK 1, LOT 17, BENKA LAKE SUBDIVISION TALKEETNA A-1 3024N004W09 0.000 c BLOCK 1, LOT 18, BENKA LAKE SUBDIVISION TALKEETNA A-1 3024N004W09 2.960 c BLOCK 1, LOT 19, BENKA LAKE SUBDIVISION TALKEETNA A-1 3024N004W09 2.230 c BLOCK 1, LOT 20, BENKA LAKE SUBDIVISION TALKEETNA A-1 3024N004W09 1.870 c BLOCK 1, LOT 21, BENKA LAKE SUBDIVISION TALKEETNA A-1 1/20/92 Page 43 Fact sheet: ‘ MENTAL HEALTH LAND SETTLEMENT ‘Q\ Alaska Deparment of a) NATURAL W RESOURCES Division of Land * August, 1991 On June 19, 1991, Governor Hickel signed Senate Bill 65 into law. This law, known as the Alaska Mental Health Trust Settlement Act, proposes a settlement of Weiss v. State of Alaska for the plaintiffs and court to accept. The settlement would reconstitute the mental health land trust created by the Alaska Mental Health Enabling Act of 1956. — Background: Prior to stantinied, Alaska was granted title to one million acres of federal land to generate revenue to support Alaska’s mental health programs. Over the next ten years, land with high income-producing potential was selected to fulfill this trust entitlement. The original trust lands included coal and mineral deposits, commercial forests and agricultural areas. Additional land was selected in and around existing communities to allow growth and to return income to the trust. As Alaska’s population increased, some Alaskans wanted certain of these lands for non-income-producing activities such as parks, municipal expansion and public facilities. In 1978, the legislature waived the trust status of mental health trust land, and redesignated it as general statehood grant land. In return, the legislature was to appropriate 1.5 percent of all income from state lands to the Mental Health Trust Fund. No appropriation was made, and in 1982, mental health advocates sued the state (Weiss v. State of Alaska, 4FA-82-2208 Civ.). The suit went to the Alaska Superior and Supreme Courts over the next few years. The Supreme Court ruled in favor of the plaintiffs and ordered the state to “reconstitute, as nearly as possible the holdings which comprised the trust when the 1978 law became effective.” The 1990 legislature passed a bill providing a revenue stream to the trust. The plaintiffs considered this only a partial solution and, at their request, in July 1990, the court placed an injunction on all activities and conveyances of title to the original mental health trust land. It was against this background that SB 65 was crafted by the Hickel administration, the plaintiffs’ attorneys, and the 1991 legislature. The Mental Health Trust Lands Settlement Act establishes an independent Mental Health Trust Authority made up of financial managers appointed by the Governor (after considering nominations by groups representing beneficiaries of the trust) to manage the assets of the trust. It reconstitutes the land trust with all unencumbered land from the original mental health trust and provides replacement land through an exchange process for land conveyed out of the trust. While the Mental Health Trust Lands Settlement Act has become law (Ch. 66, SLA 1991), it is not yet in effect. It will only become effective upon dismissal of Weiss v. State by the Superior Court and the expiration of the time for appeal. Although many questions remain about how the Act will be implemented, this fact sheet gives a general description of how the state will fulfill its obligation to reconstitute the mental health trust. What lands are available for transfer to the trust? The Act establishes three categories of lands that can be returned to the trust: (1) certain original mental health lands; (2) other state lands to be conveyed to the trust in exchange for original mental health lands not returned to the trust; and (3) "hypothecated lands"~lands held as security—that can be transferred to the trust if the state does not make the trust whole within the time specified under the Act. How much of the original mental health land is available to return to the trust? More than half of the original one-million acres is available for return to the trust. Land without permits or leases, land leased for oil and gas or coal development, land with current timber contracts, rights-of-way, and land with other encumbrances acceptable to the plaintiffs will be returned to the trust. Land selected under the Municipal Entitlement Act but not yet conveyed will or formally approved for conveyance also return to the trust. What original mental health land will not be returned to the trust? Under the Act, land sold to individuals, transferred to a municipality under the Municipal Entitlement Act, and land within legislative designations such as parks and refuges will not be returned to the trust. However, the legislation requires that the original mental health land now within the Haines and Tanana Statz Forests be returned to the trust. In addition, some lands with long-term use authorizations not specifically listed in the bill are being reviewed by the plaintiffs to see if they are acceptable to be returned to the trust. What state land is being considered for exchange? The potential exchange land parcels will be chosen on the basis of similarity to the original trust lands. These parcels should be as similar as possible in character (including terrain, use, location, income and development potential, and accessibility) to the land not . being returned to the trust. The land will be exchanged on an equal value basis. The exchanges will be negotiated solely between the commissioner and the plaintiffs in the lawsuit. State tide and submerged land, land within legislative designations and School Trust Lands are not available for exchange. When will the trust be reconstituted? The Act specifies that the reconstitution process be completed by December 1, 1994. What is the Hypothecated Lands List and what is its purpose? “Lands Hypothecated to the Mental Health Trust, May 1991" in the Act, is a pool of land pledged to the trust without transferring possession or title, and works as security for the land compensation to the trust. If the state does not complete the exchange process by the time specified in the Act, the plaintiffs can have the court “foreclose” appropriate land from the hypothecated lands list and transfer it to the trust. Department of Natural Resources staff worked with the plaintiffs in the Mental Health Land Trust litigation to assemble this land pool. The land on the hypothecated list will either be used as replacement or exchange lands, or released from the list as exchanges are accomplished. What lands are on the Hypothecated Lands List? As with the exchange lands, the hypothecated land pool is primarily made up of land similar to the original trust land. It includes subdivision lots; large tracts of land such as the Willow Capitol site; land with timber or mineral resources; land designated for settlement in area plans; land with existing commercial leases; and land with mental health facilities such as the Alaska Psychiatric Institute in Anchorage and the Fahrenkamp Center in Fairbanks. The complete Hypothecated Lands List is available for inspection at the Department of Natural Resources offices noted below. If a property is on the hypothecated list, what impact will that have on Department of Natural Resources management decisions? Although inclusion in the hypothecated list precludes the sale of the parcels, it does not place an injunction on these lands. The department must manage these lands so that their value is not diminished, but this does not preclude development. The department will continue to manage all land in the pool under these guidelines until specific parcels are either conveyed to the trust or released from the list. Will unsold lots, access lands and/or public or common lands in state subdivision disposals be put in the pool as exchange lands? Unsold subdivision lots which would otherw: => be available for sale “over-the-counter” will available as exchange land. Not available v. be rights-of-way and public or common lana which are considered part of the subdivision. Does the state have sufficient land to reconstitute the trust on a comparable character and equal-value basis, and still meet the other land needs of the state? Yes. The state’s vast holdings (85 million acres not including tide and submerged land), which will soon be augmented by the state’s final statehood land selections (an additional 20 million acres), should be sufficient to answer all of the state’s needs. The state has more than 76 million acres of land currently available for exchange. What public notice requirements apply to the transfer of lands into the trust? The Commissioner of the Department of Natural Resources must give 30 days public notice in local and statewide newspapers and other methods specified by law. These additional requirements can be found in Alaska Statute 38.05.945 (b) and (c). The purpose of the notice is to announce the pending transfers of original mental health land or to announce the decision of the commissioner and the plaintiffs with respect to exchange land. Public hearings are not contemplated in the Act. What factors will be considered in selecting land for exchange? The Act specifies that the lands to be exchanged must be of comparable character and equal value. Additional factors to be considered in selecting land for exchange are the resulting diversity of both the trust and state land portfolios, revenue generating potential for the trust, public benefits to both the trust and to the state, and resulting efficiencies of land management. The actual process for these considerations has not yet been determined, but there will be a reviewable administrative record. Does the commissioner have to reclassify lands or amend land-use plans in order to convey land to the trust? No. Land-use plans will eventually be amended to reflect the change in land status. When lands currently covered by land-use plans are conveyed to the trust, the lands are exempt from the area plan provisions. After land is transferred to the Trust, what public notice requirements will apply to decisions made by the Alaska Mental Health Trust Authority? The Trust Authority must give 30 days notice in statewide and local newspapers and by other methods specified in the law before taking an action. These additional requirements can be found in Alaska Statute 38.05.945 (b) and (c). Do multiple use requirements on state lands apply to management of the trust? No. The purpose of the trust is to generate revenue to meet the expenses of its beneficiaries. For more information, or to review the complete Hypothecated Lands List, contact one of the DNR offices listed below: Department of Natural Resources Division of Land Southcentral Regional Office 3601 C Street, Suite 1080 P.O. Box 107005 Anchorage, AK 99510-7005 (907) 762-2492 Southeast Regional Office 400 Willoughby Avenue, 4th Floor Juneau, AK 99801 (907) 465-3400 Northern Regional Office 3700 Airport Way Fairbanks, AK 99709 (907) 451-2700 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA FOURTH JUDICIAL DISTRICT AT FAIRBANKS VERN T. WEISS, father and next ) friend of CARL WEISS, a minor ) child, and EARL HILLIKER, on ) behalf of themselves and all ) others similarly situated; the ) ALASKA MENTAL HEALTH ASSOCIATION, ) MARY C. NANUWAK and JOHN MARTIN, ) on behalf of themselves and all ) others similarly situated; ) ANITA BOSEL, FRANCES DOULIN, ) SHARON GOODWIN, AND GABRIEL ) MAYOC; and H.L., M.K. and ALASKA ) ADDICTION REHABILITATION SERVICES, ) ) ) ) ) ) ) ) ) ) Plaintiffs, V5 STATE OF ALASKA, Case No. 4FA-82-2208 CIVIL Defendant. SETTLEMENT AGREEMENT COME NOW the undersigned parties, by and through their respective counsel, to stipulate and agree as follows: RECITALS WHEREAS, the Plaintiffs and the State have been engaged in litigation since 1982 over numerous disputes relating to the requirements of the Alaska Mental Health Enabling Act of 1956, P.L. 84-830, 70 Stat. 709 (1956); and WHEREAS, in an effort to resolve these disputes without further litigation, the undersigned parties have negotiated a proposed settlement, the basic terms of which were enacted in Chapter 66, Session Laws of Alaska 1991; and MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 1 WHEREAS, Section 58 of Chapter 66 provides: This Act takes effect upon entry of a final order dismissing Weiss v. State of Alaska, 4FA-82-2208 Civil, and the expiration of any time for appeal. The superi- or court shall advise the lieutenant governor and the revisor of statutes when the final settlement and order of Weiss v. State of Alaska has been approved; and WHEREAS, the undersigned parties seek judicial approval of the terms and conditions of the settlement and if the settlement is approved, seek dismissal of this action; NOW THEREFORE, IT IS AGREED: ARTICLE I. DEFINITIONS. The following words and phrases shall have the following meanings: (a) “Beneficiaries” means the beneficiaries of the trust created by Section 202 of the Enabling Act and comprise the members of the class represented by the Plaintiffs in this liti- gation. (b) “Chapter 66" means Chapter 66, Session Laws of Alaska 1991, attached as Exhibit A. (c) “Collateral of Last Resort" means State land described in Attachment 1 to “Lands Hypothecated to the Mental Health Trust, May 1991," referred to in Section 56(a) of Chapter 66, and more particularly described in pages of Exhibit B hereto. (d) "Commissioner" means the Commissioner of the Department of Natural Resources, State of Alaska. (e) “Enabling Act" means the Alaska Mental Health Enabling Act of 1956, P.L. 84-830, 70 Stat. 709 (1956). MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT , PAGE 2 (f£) “Encumbered Original Trust Land“ means land granted under the Enabling Act and that is subject to a lease, permit, oil and gas lease, mining claim or mining lease, coal lease, easement or right-of-way, timber sale, material sale contract, land sale con- tract, interagency land management assignment, or some other encum— brance of a similar nature not contained in the grant from the federal government or to which that grant was subject. (g) “Hazardous Substance" has the same meaning as that term is defined in AS 46.03.826(5), as now enacted or hereafter amend- ed, including any successor statutes to AS 46.03.826(5). (h) "“Hypothecated Lands“ means the lands listed in “Lands Hypothecated to the Mental Health Trust, May 1991" referred to in Section 56(a) of Chapter 66, and more particularly described in the attached Exhibit B, that have not been released pursuant to Section 56(c) of Chapter 66 and Article III, Section 21, of this Settlement Agreement. (i) “Legislatively Designated Areas" has the same meaning as that set out in Section 55(b) of Chapter 66. (j) “Non-Reconstituted Trust Land" means Original Trust Land, or an interest therein, that will not be conveyed to the Trust under Section 54(1) -- (6) of Chapter 66 and for which an exchange has been or will be completed under Section 54(7) of Chapter 66. (kK) “Original Trust Land" means land granted under the Enabling Act. (1) “Plaintiffs" means VERN T. WEISS, father and next friend of CARL WEISS, minor child, and EARL HILLIKER, on behalf MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 3 of themselves and all others similarly situated; the ALASKA MENTAL HEALTH ASSOCIATION, MARY C. NANUWAK and JOHN MARTIN, on behalf of themselves and all others similarly situated, ANITA BOSEL, FRANCES DOULIN, SHARON GOODWIN, and GABRIEL MAYOC; H.L., M.K. and ALASKA ADDICTION REHABILITATION SERVICES; and such other parties as may be formally substituted for or added to the fore- going. (m) “Proposed Substitute Land" means land that is proposed by either the State or the Plaintiffs for conveyance to the Trust under Sections 54(7) and 55 of Chapter 66 and this Settlement Agreement. (n) “Reconstituted Trust Land" or "Trust Land" means land that has been conveyed to the Trust Authority under Sections 54 -- 56 of Chapter 66 and Article III, Section 15, of this Settle- ment Agreement, including Original Trust Land, Substitute Land, or some other real property, and includes improvements or inter- ests therein owned by the Trust. (o) “Substitute Land" means land other than Original Trust Land that will be conveyed to the Trust Authority under Sections 54(7) and 55 of Chapter 66 and this Settlement Agreement in exchange for Non-Reconstituted Trust Land, and includes improve- ments or interests therein owned by the State. (p) “Trust" means the trust created by Section 202 of the Enabling Act, as reconstituted under Chapter 66 and this Settle- ment Agreement. (q) “Trust Authority" means the Alaska Mental Health Trust Authority established under Section 26 of Chapter 66 or any MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 4 successor entity or person that may subsequently be assigned one or more of the responsibilities of the Trust Authority imposed by Chapter 66 and this Settlement Agreement. (cr) “Trust Corpus" means the principal of the Trust, in- cluding both real and personal property and cash assets properly allocated to the Trust Corpus from Trust Receipts. (s) “Trust Funds" means all cash assets of the Trust, including cash that is part of the Trust Corpus and cash that is Trust Income. (t) “Trust Income" means Trust Receipts that are not prop- erly allocated to the Trust Corpus. (u) "Trust Property" means Trust Land, Trust Funds, includ- ing Trust Receipts, Trust Income, and Trust Corpus, and all other assets owned by the Trust. (v) “Trust Receipts" means cash or other liquid assets re- ceived from the sale, management, or investment of the Trust’s assets. ARTICLE II. INCORPORATION OF CHAPTER 66. The provisions of Chapter 66 are incorporated herein. The parties agree that the provisions of Chapter 66 meet the trust responsibilities and obligations imposed on the State under the Enabling Act. This Settlement Agreement is intended to clarify the manner in which the State and the Plaintiffs are to discharge their responsibilities and obligations set out in Chapter 66 and to provide certain remedies for any breach thereof. MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 5 ARTICLE III. TRUST RECONSTITUTION. The Trust will be reconstituted in accordance with the provi- sions of Sections 54 -- 57 of Chapter 66 and this Settlement Agree- ment. In doing so, the undersigned parties agree as follows: 1. Information Sharing. (a) Each party will provide the other access to all non-confidential files, a copier, and paper as required. (b) The parties will jointly develop a shared computer- based information system. Information shall be developed by each party in a format allowing exchange and retrieval of the informa- tion by each party through the shared computer-based information system. (c) Except for confidential analyses and confidential information developed in the course of or in anticipation of other litigation, the State and the Plaintiffs shall provide the other party computer-based data in its possession or control concerning parcels of Original Trust Lands, Hypothecated Lands, and other State land, including but not limited to revenue pro- jections and valuations. (d) Neither party will charge the other for new information developed by that party or for existing computer-based data retrieved or formatted in the course of implementing Chapter 66. (e) The following information shall be developed by the State, unless the parties agree the Plaintiffs shall develop the information, and provided to the other party: Original Trust Lands: Information regarding (1) feder- al selections, approvals, and patents; (2) the status of title; and (3) encumbrances or conveyances plus, for MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 6 Non-Reconstituted Trust Land and Encumbered Original Trust Land subject to Section 54(4) of Chapter 66 or election by the Plaintiffs under Section 54(6) of Chapter 66 and Article III, Section 8 of this Settle- ment Agreement, (4) value, if already existing; (5) revenue history; (6) revenue projections, if already existing; (7) physical characteristics; (8) natural resource features; (9) current use to the extent exist- ing files contain such information; (10) past use to the extent existing files contain such information; and (11) allowable uses; Hypothecated Lands: Information regarding (1) federal selections, approvals, and patents; (2) the status of title; and (3) encumbrances or conveyances; Potential Substitute Land: Information regarding (1) federal selections, approvals, and patents; (2) encum- brances or conveyances; (3) value, if already existing; (4) revenue history; (5) revenue projections, if al- ready existing; (6) physical characteristics; (7) natural resource features; (8) current use to the extent existing files contain such information; (9) past use to the extent existing files contain such information; and (10) allowable use. (£) Computer-based data, other than as described above, that either party has will be provided to the other party, upon request, in a timely manner subject to payment by the other party of the reasonable job costs associated with the request. (g) Any dispute under this Section, including (i) whether the utility of the information justifies the expense to develop it, and (ii) whether sufficient information has been developed and provided to the other party, shall be resolved by the court under Section 57 of Chapter 66. 2. Confidential Information. Except for confidential information developed in the course of or in anticipation of other litigation, the information described in Article III, Section 1, to be provided by the parties includes confidential information (but not analyses), but its confidential nature shall MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 7 be so stated by the State or Plaintiffs and may only be disclosed to counsel for the State or Plaintiffs, their employees, or consultants, or any combination thereof, or to the court in the event that a dispute is referred to the court pursuant to Section 57 of Chapter 66. To the extent a third party may have a legally protectable interest in keeping the information confidential, the third party shall be informed sufficiently in advance of the possibility of disclosure for the third party to seek to have the disclosure enjoined. The State or Plaintiffs shall advise each other if any confidential information is not to be disclosed under this section and the nature of such data. Counsel for Plaintiffs and their employees and consultants to whom confiden- tial information is disclosed may not further disclose the confi- dential information (except to the court in the event that a dispute is referred to the court pursuant to Section 57 of Chap- ter 66 and this Settlement Agreement). 3. Termination of At-Will Interests. Except for rights granted to the State, the State, after consultation with the Plaintiffs and upon their request, shall terminate those third party authorizations or interests in Original Trust Land to be conveyed to the Trust Authority that are, by the terms of the document granting the authorization or interest, terminable at will. If Plaintiffs do not request termination, compensation to the Trust will not be required. 4. Reducing Amount of Original Trust Land Used by State Agencies. Original Trust Land or interests therein used by any State agency (Agency) under a lease, permit, interagency land MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 8 management agreement, interagency land management transfer, management agreement, management right, or other use granted to the State and not located within a Legislatively Designated Area (except the Tanana Valley State Forest and the Haines State Forest Resource Management Area), is subject to a determination under this Section. Pursuant to this Section, the Commissioner shall determine the smallest practicable tract of land reasonably necessary to support the Agency’s use and shall convey the re- mainder of the parcel to the Trust Authority. (a) The parcel retained by the Agency may include improved lands and a buffer zone surrounding improved lands as is reasona- bly necessary for purposes such as safety measures, maintenance, security, erosion control, noise protection and drainage. Par- cels containing gravel or other building materials used in direct connection with the State’s purpose in using the parcel and not used simply as a source of revenue or services may also be re- tained by the agency. The extent of the areas retained as a source of materials will be the area disturbed but not depleted as of July 1, 1991. (b) Unless the Plaintiffs elect to have the land conveyed to the Trust Authority subject to the rights of the Agency under Section 54(6) of Chapter 66 and Article III, Sections 8 and 15, of this Settlement Agreement, the State shall retain full title to the smallest practicable tract as determined hereunder for the Agency, provided, however, if the parcel is used primarily for access, a telecommunications site, electronic, light or visibili- ty clear zones, rights-of-way, or similar uses, an easement may MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 9 be reserved in lieu of full title if the Commissioner determines that an easement affords sufficient protection, is customary for the particular use, and would further the objectives of Chapter 66. (c) If the Commissioner does not have sufficient informa- tion to make a determination under this Section, the Commissioner shall issue written notice to any State agency that the Commis- sioner has reason to believe may be subject to this Section. The written notice shall provide that the information requested be furnished to the Commissioner and the Plaintiffs by the Agency within 45 days from the receipt of the notice. At a minimum, the information provided by the Agency shall include: (i) the function and scope of the Agency’s use of the parcel; (ii) a legal description of the lands in actual use; (iii) a list of structures or other alterations to the character of the land and their function, their loca- tion on the tract, and date of construction; (iv) a description of the use and function of any unaltered land; (v) a list of any rights, interests, or permitted uses that the Agency has granted to others or that have been granted to the Agency by others, along with dates of issuance and expiration and copies of any relevant documents. The Department of Natural Resources shall assist the Agency in determining any rights, inter- ests, or permitted uses that the Department of Natural MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 10 Resources has granted to others for the parcel being used by the Agency; and (vi) if available, site plans, drawings, and annotated aerial photographs delineating the boundaries of the Agency’s facilities and locations of areas used. (d) The Commissioner shall request comments from the Plain- tiffs relating to the determination of the smallest practicable tract. The Plaintiffs shall have 30 days to comment commencing from their date of receipt of the Agency’s submission. (e) The Agency has the burden of proof under this Section. The smallest practicable tract determination by the Commissioner shall be based on the information in the case file. The results of the determination shall be incorporated into an appropriate decisional document. The decision of the Commissioner shall be final and not reviewable by the court under Sections 55(h) and 57 of Chapter 66. 5. Conveyances of Unencumbered Land or Land Subject Only to Qualified Encumbrances. When the State and the Plaintiffs agree, or the court resolves a dispute pursuant to Section 57 of Chapter 66, that Original Trust Land is properly categorized as being included in Sections 54(1) -- (5) of Chapter 66, such land shall be conveyed to the Trust Authority pursuant to Article III, Sec- tion 15, below. 6. Non-Reconstituted Trust Land Parcels. When the State and the Plaintiffs agree, or the court resolves a dispute pursu- ant to Section 57 of Chapter 66, that Original Trust Land is properly characterized as: MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 11 (i) land in Legislatively Designated Areas, except for the Tanana Valley State Forest and the Haines State Forest Resource Management Area; (ii) land in which title has been conveyed out of State ownership; (iii) land selected by a municipality under AS 29.65 or under former AS 29.18.190 -- 29.18.200 and which selection has been approved by the director of the division of lands, Department of Natural Resources on or before the effective date of Chapter 66 (which approvals were enjoined by a preliminary injunction entered on July 9, 1990, and no further approvals may be made without a modification of the preliminary injunction) and has not been mutually agreed by the parties to be returned to the State by a municipality for return to the Trust; (iv) land subject to contracts of sale (including leases which have been or may be converted to contracts of sale); (v) land properly entered under homesite, homestead, open to entry, or remote parcel entry programs prior to July 9, 1990; (vi) land subject to the Chena River Condemnation; or (vii) land subject to conveyance under land exchange and litigation settlement agreements entered into prior to July 9, 1990, such land is Non-Reconstituted Trust Land and the parties shall proceed under Section 55 of Chapter 66 to identify Substitute MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 12 Land to convey to the Trust under Sections 54(7) and 55 of Chap- ter 66 and Article III of this Settlement Agreement. 7. Compensation for Encumbrances. (a) The Trust shall not be compensated for encumbrances (i) set forth in Section 54(2) of Chapter 66, or (ii) to which the federal was subject, including, but not limited to, encumbrances granted to the State which do not appear on the conveyance document because of the United States Department of the Interior, Bureau of Land Management’s (BLM’s) interpretation and administration of the merger of title doctrine. (b) Except as may otherwise be mutually agreed upon, com- pensation to the Trust for Encumbered Original Trust Lands con- veyed to the Trust Authority, subject to encumbrances under Sec— tion 54(4) of Chapter 66, or which the Plaintiffs elect to re- ceive under Section 54(6) of Chapter 66 (other than the encum- brances set forth in Section 54(2) of Chapter 66), shall be determined as follows: (i) Rights-of-way, except where granted for a fair market lease rate, in which event the Trust shall receive the lease payments and no other compensation shall be due, by conveyance to the Trust of an equal acreage of comparable land in the same vicinity. In the event comparable land can not be located, land of equal value to the acreage subject to the right-of-way shall be conveyed to the Trust. (ii) Leases, by calculating the leasehold value (the present value of the difference between market rent and con- MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 13 tract rent), if any, using a 10% discount rate and conveying Substitute Land to the Trust under Sections 54(7) and 55 of Chapter 66 and Article III of this Settlement Agreement, equal to such leasehold value. (iii) Land use permits not terminable at will, by conveying Substitute Land to the Trust Authority under Sections 54(7) and 55 of Chapter 66, and Article III of this Settlement Agreement, equal to the leasehold value of the Permit (the present value of the difference between market rent and the contract rent), if any. Leasehold value will be determined by using a discount rate of 10%, and annual rental rate of 8% of the fair market value of the land estate, for the length of the permit. (iv) Subdivision roads (defined as internal roads within a tract of Original Trust Lands created during the subdi- vision process to provide access to lots within the tract of Original Trust Land), if less than all of the lots in the subdivision are conveyed to the Trust by conveying Substitute Land as provided in Subsection (Gi))s)| || 4-LE) all (o£ | the! Lots in) such |a|subdiviiaion) are conveyed to the Trust, no compensation shall be due. (v) Material sales by payment to the Trust of all payments due under the material sale beginning July 1, 1991. (vi) Other encumbrances, by conveying Substitute Land to the Trust Authority as provided in Sections 54(7) and 55 of Chapter 66 and Article III of this Settlement Agreement as provided in subsection (i), provided, however, that MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 14 nothing herein prevents the parties from agreeing to other procedures for determining how to compensate the Trust for such other encumbrances, similar to those procedures provided in (i) - (v) of this Subsection. 8. Encumbered Land Election. When the State and the Plain- tiffs agree, or the court resolves a dispute pursuant to Section 57 of Chapter 66, that Original Trust Land is properly catego- rized as land subject to acceptance by Plaintiffs under Section 54(6) of Chapter 66, and after the amount of compensation has been determined pursuant to Article III, Section 7 of this Set- tlement Agreement, the Plaintiffs shall elect either conveyance to the Trust under Section 54(6) of Chapter 66 any such Encum-— bered Original Trust Land and have the Trust receive the compen- sation set forth in Article III, Section 7, or to have the Encum- bered Original Trust Land not conveyed to the Trust and have it receive Substitute Land in exchange pursuant to Section 55 of Chapter 66 and Article III of this Settlement Agreement. 9. Encumbered Land Remains Subject to Encumbrances. Encum- bered Original Trust Land that is conveyed to the Trust under Chapter 66 and this Settlement Agreement shall be conveyed sub- ject to the terms of any valid existing encumbrance and the Trust Authority shall abide by and be entitled to enforce the terms of such encumbrance, except where the Trust is compensated with land under Article III, Subsection 7 (b) (i) of this Settlement Agree- ment, in which case the State may elect to retain the right to enforce the terms of such encumbrances. For the purpose of this MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 15 Section, possible inconsistency with the Enabling Act is not grounds to challenge the validity of an encumbrance. 10. Nomination of Potential Substitute Land. When Plain- tiffs determine that they are interested in reviewing certain State owned land for possible exchange they shall preliminarily nominate such land as potential Substitute Land and the informa-— tion set forth in Article III, Section 1, pertaining to potential Substitute Land shall be developed and provided to both parties. 11. Nomination of Substitute Land. (a) Except for lands in Legislatively Designated Areas, the Plaintiffs may nominate any land owned by the State and meeting the criteria of Section 55 of Chapter 66 as Proposed Substitute Land for conveyance to the Trust. For the purpose of this section, land which has been or may be selected under the Alaska Statehood Act, as amended, may be proposed as Substitute Land. (b) If the Commissioner objects that the land so nominated does not meet the criteria of Section 55 of Chapter 66 or that the total amount of land nominated as Proposed Substitute Land greatly exceeds the amount of land foreseeably required to recon- stitute the Trust, then the Commissioner shall notify the Plain- tiffs of his or her objection. The Plaintiffs and the State shall then have 60 days to resolve the issue. If the issue is not resolved within such 60 day period, the Commissioner may refer the matter to the court for resolution under Section 57 of Chapter 66. If the Commissioner's objection is to the amount of Proposed Substitute Land and the court agrees, the Plaintiffs’ MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 16 have the right to select which Proposed Substitute Land shall be removed. 12. Developing Exchanges. (a) Joint Effort. The State and the Plaintiffs shall work together to develop exchange proposals that meet the requirements of Section 55 of Chapter 66, including mutually developing sys- tems to efficiently handle the large number of transactions involved. In the event that the State and Plaintiffs reach an impasse on an exchange or exchanges, the differences shall be presented to the court for resolution under Sections 55(h) and 57 of Chapter 66. (b) Parcels. Original Trust Lands parcels are the parcels identified under Chapter 48, SLA 1987, except (i) where different parceling is necessary or desirable to accomplish the reconstitu- tion, or (ii) for purposes of valuation. For purposes of valua- tion, large parcels shall be reparceled into the size they are most likely to have been or would be sold in the marketplace. These parcels shall be no less than 40 acres: nor larger than 160 acres in size in areas that are generally satisfactory for devel- opment, except where parcels smaller in size than 40 acres are legally conveyable. In the interpretation of this principle, “areas generally satisfactory for development" means areas having generally less than a 15% slope and no higher in elevation than the locally defined contour of tree line, with areas above this elevation being parceled as a separate tract or tracts. Areas classified as a 40 acre size shall be those tracts with greater accessibility to roads, water or airstrips; less adverse slopes; MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 17 and more favorable development characteristics (soils, slope, drainage), while 160 acre parcels shall be those in a remote location with less desirable development characteristics. Set- tlement development trends and local land-regulations (zoning) shall also be considered in the classification of parcels into 40 and 160 acre sizes. This classification process shall be con- ducted jointly by the State and Plaintiffs and the parceling results shall be mutually agreed to by the parties. These proce- dures shall also apply to Proposed Substitute Land. (c) Aggregation Allowed. Subject to the requirements of subsections 55(d) and (e) of Chapter 66, either individual par- cels or groups of parcels may be exchanged. (ad) Equal Fair Market Value Always Required Even When Comparable Land Not Identified. The parties agree that the Trust “will be reconstituted only with Substitute Land of equal fair market value compared to Non-Reconstituted Trust Land or to encumbrances on Original Trust Lands. When considering specific exchanges, Substitute Land must be exchanged for Non-Reconstitut- ed Trust Lands and encumbrances on Original Trust Lands on the basis of equal fair market value, notwithstanding that comparable Proposed Substitute Land under Section 55(d) of Chapter 66 has not been identified. (e) Revenue Generating Capacity of Substitute Land. When considering specific exchanges, if there is no Proposed Substi- tute Land comparable to the Non-Reconstituted Trust Lands for which the Proposed Substitute Land is to be compensation under Section 55 of Chapter 66, other land owned by the State may be MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 18 proposed as Substitute Land, but only so long as its revenue generating history and/or potential is comparable to the revenue generating history and/or potential of the Non-Reconstituted Trust Land. (£) Valuation of Parcels -- General Rules. In determining equal fair market value under Chapter 66, valuations of Non- Reconstituted Trust Land shall be based upon the fair market value of the parcel or parcels without regard to encumbrances, but with regard to physical access. Valuations of Legislatively Designated Non-Reconstituted Trust Land may consider the special and/or unique value which caused its recognition for the legisla- tively designated use, but may not be reduced because of the restrictions on use resulting from the legislative designation. Valuations of Proposed Substitute Lands shall reflect any change in value resulting from the existence of an encumbrance. Valua- tions of both Non-Reconstituted Trust Lands and proposed Substi- tute Land shall include the contributory value of site improve- ments, such as site preparation (i.e., excavation, clearing, grading, etc.), fill, building pads, roadbeds, runway base, wells, and septic systems. For Non-Reconstituted Trust Land, the value of other improvements such as paving, pipelines, electrical transmission or distribution lines, and buildings shall not be included. For Substitute Land, the value of other improvements such as paving, pipelines, electrical transmission or distribu- tion lines, and buildings shall be included where the Trust Authority is to take title to the improvements. Parcels shall be assembled and considered together where appropriate. MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 19 (g) Exchanges of the Mineral Estate of Non-Reconstituted Trust Land. (1) (11) De Minimus Mineral Estate Values. When developing exchange proposals for Non-Reconstituted Trust Land, if the parties agree that there is no indication that the mineral estate is of particular value, exchanges shall be developed without formally determining the value of the mineral estates of the Non-Reconstituted Trust Land and the proposed Substitute Land. In determining whether there is no indication that the mineral estate is of particular value, the parties shall consider whether the land was selected for mineral values, whether there have been any mineral closing orders applying to such land and the reasons for such clo- sures, whether the geologic terrane is favorable for mineral value, and other available information. Mineral Exchanges. Exchanges of the mineral estate of Non-Reconstituted Trust Land where the land is not considered to have a de minimus mineral value under Subsection (g) (i) shall be accomplished as provided in Sections 55 (c) -- (e) of Chapter 66 employing the following criteria and as specified in Exhibit C: A. geologic characteristics; B. mineral characteristics; C. mineral economic valuation estimates using practical methods considering available data; and MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 20 D. differences in the states of knowledge of the mineral endowment of the respective lands. (iii) Original Trust Land subject to state administered mining leases or mining claims which the Plaintiffs elect for conveyance to the Trust shall be considered to have returned one-fourth of the comparable value of the mineral estate of such parcel to the Trust. (iv) The economic impact of the existence of mineral encum- brances on Substitute Lands shall be considered prior to comparison with Non-Reconstituted Trust Lands and exchanges shall then be conducted as provided in Sub- section (g) (ii) without further adjustment under Subsection (g) (iii). (v) The exchange process will be based upon comparability as near as practicable. Differences in comparable character shall be resolved through selecting Substi- tute Land with different geologic and mineral charac- teristics as agreed to by the parties. Differences in states of knowledge shall be resolved through negotia- tion between the parties. (vi) If agreement between both parties regarding the evalua- tion process or procedures cannot be attained, it shall be subject to review by a Technical Review Committee (TRC). The TRC will consist of five members, two selected by the State, two by the Plaintiffs, and one by the four so selected, consisting of recognized experts from industry, government, and academia. MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 21 Rather than selecting a TRC, both parties may elect to use the Alaska Minerals Commission for this purpose. After review by the TRC or Alaska Minerals Commission, any remaining dispute shall be resolved by the court under Section 57 of Chapter 66. (h) Date of Valuation. The date of all valuations shall be the date of this Settlement Agreement. (i) Severed Estate Permissible. If the land estate of Original Trust Land is in a category that prevents its conveyance to the Trust, but the mineral estate is in a category that allows for its conveyance to the Trust, the parties may agree to have the mineral estate conveyed to the Trust and the Trust compensat-— ed for the land estate not returned as provided in Section 55 of Chapter 66 and Article III of this Settlement Agreement. Unless otherwise mutually agreed to by the parties, all other convey- ances under Chapter 66 and this Settlement Agreement shall in- clude both the land and mineral estates. 13. Hazardous Substances. (a) In the event the presence of a Hazardous Substance on a parcel of Original Trust Land or Proposed Substitute Land is known prior to the conveyance of such land to the Trust Authority, then the State, (i) in its sole discretion, shall elect to either (A) clean up the parcel to a standard mutually agreeable to the State and Plaintiffs, or (B) not convey the parcel and compensate the Trust with Substitute Land equal in fair market value to the parcel without the Hazardous Sub- MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 22 (ii) (b) stance, as provided in Section 55 of Chapter 66 and Article III of this Settlement Agreement; or if mutually acceptable to the State and Plaintiffs, need not clean up the parcel and convey the parcel subject to an indemnification from the State in favor of the Trust for any claim or loss resulting from the presence of Hazardous Substances. If a Hazardous Substance came to be located on Recon- stituted Trust Land prior to its conveyance to the Trust Authori- ty and is discovered after it has been conveyed to the Trust Au- thority, the State shall (i) (ii) PROVIDED, be responsible to the Trust Authority for response actions that are consistent with the National Contin- gency Plan, 40 CFR Part 300, and in accordance with all applicable provisions of the Comprehensive Environmen- tal Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601 et seq., AS 46.03.822, and all other similar environmental statutes or regulations as may now be or subsequently become applicable; and indemnify the Trust Authority for other claims, losses, judgments, damages, and costs (including attorney and consultant fees) resulting from the presence of a Hazardous Substance which came to be located on Recon- stituted Trust Land prior to its conveyance to the Trust Authority, HOWEVER, that an environmental site assessment, appropriate in scope to the location and present and past use of MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 23 the land, and acceptable to the Plaintiffs or Trust Authority (as appropriate) and the State, shall be conducted as follows: A. at the sole discretion and expense of the State, prior to the conveyance of land to the Trust Au- thority; or B. after the conveyance of land to the Trust Authority and prior the (A) disposal of such land, (B) dis- posal of an interest in such land, or (C) authori- zation of any use of such land with significant potential for the release of Hazardous Substances, whichever comes first, one-half of the cost for such investigation being borne by the State. All reports and other information either party receives as a result of any such environmental investigations shall be provided to the other party. The Department of Environmental Conservation and the Commissioner shall be notified immediately of the known or suspected presence of Hazardous Substances. Except as specif- ically provided in this Section, nothing in this Section shall prohibit or otherwise limit the Trust Authority’s or the State’s right to assert any claims or defenses available to it under the law. 14. Notice of Proposed Exchange. When the State and Plain- tiffs have agreed upon an exchange, or prior to submitting a proposed exchange to the court under Section 55(h) of Chapter 66, the State shall provide notice of the proposed exchange in ac— cordance with AS 38.05.945(b) and (c) and furnish a copy thereof to Plaintiffs. The notice shall identify the Proposed Substitute MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 24 Land and the Non-Reconstituted Trust Land, and state that an ex- change is proposed under Section 54(7) of Chapter 66. Either party may modify its position on a proposed exchange as a result of the response to the public notice. 15. Conveyances of Land to Reconstitute the Trust. (a) Land to be conveyed to the Trust Authority under Sec-— tions 54 and 55 of Chapter 66 and this Settlement Agreement shall be granted to the "Alaska Mental Health Trust Authority, trustee," by patent, in the form attached hereto as Exhibit D, with the status of title agreed to by the parties or resolved by the court under Section 57 of Chapter 66. The parties shall jointly develop procedures for timely acceptance or rejection of proposed conveyance documents and court review. If any such Reconstituted Trust Land requires survey prior to issuance of a patent, the State shall first convey such lan oy issuing a "Mental Health Trust Interim Conveyance," in the form attached hereto as Exhibit E, and then have the land surveyed and issue the patent upon completion of the survey. As a general rule, the conveyance document shall convey land by township and each con- veyance document shall contain only one category of land (Origi- nal Trust Land or Substitute Land), one type of estate to be conveyed (land and mineral, land only or mineral only), and segregate the surveyed and unsurveyed portions. (b) The State, at its expense, may defend the status of title as set forth in Subsection (a) of this Section. For Recon- stituted Original Trust Land, if the status of title, as of the date of the conveyance document, with respect to interests creat- MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 25 ed by the State subsequent to the State receiving management authority over such land whether by conveyance of such land from the federal government, by approval for conveyance or patent, or otherwise, is different than as set forth in Subsection (a) of this Section, the State shall compensate the Trust for the dif- ference as provided in Article III, Section 7 of this Settlement Agreement. For Substitute Land, if the status of title as of the date of the conveyance document is different than as set forth in Subsection (a) of this Section, the State shall compen- sate the Trust for the difference as provided in Article III, Section 7 of this Settlement Agreement. The remedies provided in this Subsection are exclusive. 16. Surveys of Reconstituted Trust Land. Parcels of Recon- stituted Trust Land requiring survey shall be surveyed by the State at its expense in the order specified by the Trust Authori- ty and completed as soon as practicable. Plaintiffs and the State agree to jointly develop and propose to the Legislature a survey budget for each fiscal year, provided, however, nothing herein shall be deemed to mean that the State is not required to complete the surveys as soon as practicable. In order to convey land to the Trust, the parties agree that surveys appropriate to the type of land conveyed shall be accomplished, considering future Trust management and the potential uses the land, and satisfy local platting requirements. 17. Releases of Non-Reconstituted Trust Lands. For Non- Reconstituted Trust Lands that have been exchanged for Substitute Land, the Plaintiffs and the Trust Authority will, if requested, MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 26 assist in the preparation of and will execute releases of inter- est from "the Alaska Mental Health Trust Authority and Benefici- aries of the trust created by Section 202(e) of the Alaska Mental Health Enabling Act of 1956, PL. 84-830, 70 Stat. 709 41956), represented by the named plaintiffs in Weiss et. al. v. State, 4FA 82-2208 Civ.," to the “State of Alaska," in the form attached hereto as Exhibit F, at the time the patent or interim conveyance of the Substitute Land is issued. 18. Conveyances Recorded at State Expense. The patents, interim conveyances, and releases of interest shall be recorded at the State’s expense in the recording district in which the land is located, with the original interim conveyances and pat-— ents returned to the Trust Authority and releases of interest returned to the State. 19. Exchanges Not Re-opened As a Result of Acreage Adjust- ments by BLM. The parties acknowledge that (1) many of the Original Trust Lands are lands that have been selected and ap- proved for conveyance but have not been patented because they are unsurveyed, (2) it may be some time before the BLM surveys and issues patents for those lands, and (3) the acreages of some parcels as patented may vary from the acreages of those parcels shown in the selections approved for conveyance. The parties agree that no Chapter 66 exchange shall be adjusted if a later BLM patent of a parcel of Non-Reconstituted Trust Land shows an acreage figure different from that shown on the land records employed during the process of reconstituting the Trust. MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 27 20. Law Applicable to Reconstitution. (a) In reconstitut- ing the Trust, it is the parties’ intent that: (i) only the provisions of Sections 54 -- 57 of Chapter 66 and the provisions of this Settlement Agreement apply; (ii) except for (A) AS 38.05.945(b) and (c), and (B) as otherwise specifically provided herein, the provisions of State law that otherwise apply to the conveyance of state lands do not apply to the conveyance of lands to the Trust under this Settlement Agreement, provided, however, that access to or along navigable or public waters may be reserved from conveyances of Substitute Land to the Trust (with the value of the Substitute Land taking into account such reservations); and (iii) lands are not required to be in a disposal classifica- tion in order to be conveyed to the Trust. (b) In the event that claims are made challenging the valid- ity of (i) -- (iii) of Subsection (a), the State and the Plain- tiffs will defend the parties’ right to proceed in accordance with (i) -- (iii) of Subsection (a). (c) I£ a final order is entered prohibiting the parties from continuing to honor the terms of (i), (ii), or (iii) of Subsection (a), the parties shall have 60 days to arrive at a mutually agreeable way to reconstitute the Trust in compliance with such final order. In the event the parties are unable to arrive at such an agreement, (1) if the final order requires a contrary application of AS 38.04 or AS 38.05, either party has the right to terminate this Settlement Agreement; or (2) if the MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 28 final order requires the application of any other State law, the parties may apply to the court for appropriate relief. 21. Release from Hypothecation. As the Trust is reconsti- tuted by Substitute Land being conveyed to the Trust by the interim conveyances or patents specified in Article III, Section 15 above, the State may request that Plaintiffs execute a release from hypothecation of specified parcels of Hypothecated Lands from the Hypothecated Lands List in the form attached hereto as Exhibit G, provided, however, that the lands remaining on the Hypothecated Lands List shall at all times be sufficient to provide security for the remaining exchanges to be accomplished under Section 55 of Chapter 66 and this Settlement Agreement. In the event of a dispute between the parties with respect to the release of lands from the Hypothecated Lands List, the dispute shall be resolved by the court as provided in Sections 55 -- 57 of Chapter 66. 22. Notice When Reconstitution Complete. Upon completing reconstitution of the Trust pursuant to Sections 54 -- 57 of Chapter 66 and this Settlement Agreement, the Plaintiffs and the State shall jointly send written notice thereof to the Governor, the President of the Senate, the Speaker of the House, the Revi- sor of Statutes, the Commissioner of the Department of Health and Social Services, the Attorney General, the Commissioner, the Director of the Division of Mental Health and Developmental Disabilities, the Trust Authority, the Alaska Mental Health Board, the Governor’s Council for the Handicapped and Gifted, the Advisory Board on Alcoholism and Drug Abuse, the Older Alaskans MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 29 Commission, and the Alaska Native Health Board. Any disagreement as to whether reconstitution of the Trust has been completed shall be determined by the court under Section 57 of Chapter 66. 23. Remedy in Event Conveyance of Mineral Estate Violates Section 6(i). The State and the Plaintiffs intend that unless specifically excluded, the Mineral Estate as well as Land Estate be conveyed to the Trust as part of the Trust reconstitution process (including Hypothecated Lands acquired by foreclosure). In the event that it is finally held that including the mineral estate in conveyances of Original Trust Land or Substitute Land to the Trust under Chapter 66 and this Settlement Agreement is a violation of Section 6(i) of the Alaska Statehood Act, P.L. 85- 508, 72 Stat. 339, or is otherwise categorically prohibited, the parties shall have 60 days to arrive at a mutually agreeable way to resolve the issue. If no such agreement is reached, this Settlement Agreement shall be terminated. 24. Remedy in Event State Does Not Allocate Required Per- centage of Unrestricted General Fund. AS 37.14.036(c), as enact- ed in Section 11 of Chapter 66, provides that in each of the following State fiscal years: (T]he commissioner of revenue shall allocate from the general fund of the state to the mental health trust income account in the general fund an amount equal to the percent of unrestricted revenue of the state specified for that fiscal year: FISCAL YEAR ENDING PERCENT OF UNRESTRICTED STATE REVENUE June 30, 1992 six percent June 30, 1993 six percent June 30, 1994 five percent June 30, 1995 five percent June 30, 1996 four percent MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 30 June 30, 1997 four percent June 30, 1998 three percent June 30, 1999 three percent June 30, 2000 two percent June 30, 2001 two percent June 30, 2002 one percent June 30, 2003 one percent The provisions of AS 37.14.036(c) are of material importance to the Plaintiffs in the resolution of this suit. The parties agree that if, in any fiscal year, the commissioner of revenue, for any reason, fails to allocate the full amount provided under AS 37.14.036(c), the Plaintiffs are entitled to obtain an injunc- tion, to which the State shall not object, requiring the commis- sioner of revenue to allocate the full amount provided under AS 37.14.036(c) to the Mental Health Trust Income Account. If the Legislature reduces the percentage of unrestricted revenue for any fiscal year under the provisions of AS 37.14.036(c), the Plaintiffs may obtain a judgment against the State (as to which the State shall not object) that the reduction is void and obtain an injunction against the State (as to which the State shall not object) from spending the difference between the amount arrived at using the percentages set forth above and the reduced amount. 25. Remedy in the Event of Breach of Good Faith and Fair Dealing. In the event of a breach of the implied covenant of good faith and fair dealing by either party resulting in an inability to complete the reconstitution of the Trust by December 1, 1994 (or such extended time as may be agreed to by the par- ties), and in addition to other equitable relief, a court may equitably toll the date for reconstitution of the Trust by the amount of time such party is in breach of the covenant. MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 31 26. General Remedies for Breach of Reconstitution Provi- sions. In the event of a breach of the terms of Chapter 66 and this Settlement Agreement pertaining to the reconstitution of the Trust, either party may seek appropriate equitable relief to compel the other party to comply with the terms of Chapter 66 and this Settlement Agreement. If a party seeks equitable relief under this Section, the other party will not assert as a defense to the action that there exists an adequate legal remedy. 27. Remedy for Failure of Hypothecation. In the event that the hypothecation of the Hypothecated Lands is declared ineffec- tive by a final judicial order, the parties shall have 60 days to arrive at a mutually agreeable way to address such invalidity. In the event the parties are unable to arrive at such an agree- ment, either party has the right to terminate this Settlement Agreement. 28. Remedies for Failure to Reconstitute the Trust. (a) In the event the trust is not fully reconstituted by December 1, 1994 (or such extended date for reconstituting the Trust as may be agreed to by the parties), unless such failure to reconstitute the Trust is due to the lack of good faith on the part of the Plaintiffs, the Plaintiffs shall, in addition to any other reme- dies they may have, be entitled to foreclose on the Hypothecated Lands as provided in Section 56(d) of Chapter 66 and Article III, Section 29 of this Settlement Agreement. (b) If Plaintiffs are unable to validly and effectively require reconstitution of the Trust as contemplated under Chapter MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 32 66 and this Settlement Agreement, the Plaintiffs may apply to the court for any other appropriate relief. 29. Foreclosure as Remedy. Plaintiffs are not required to foreclose on the Hypothecated Lands prior to seeking any other relief available to Plaintiffs. In the event of foreclosure, (1) the parcels to be foreclosed and manner of foreclosure, and (2) entitlement to the future rents, proceeds, products, and profits derived from the Hypothecated Lands, shall be determined by the court under Sections 56 and 57 of Chapter 66. 30. Termination of Settlement. (a) Except as specifically provided in this Settlement Agreement, any dispute whether termi- nation of the settlement embodied in Chapter 66 and this Settle- ment Agreement is appropriate shall be resolved by the court under Section 57 of Chapter 66. In considering whether termina- tion of the settlement is appropriate, the following factors shall apply: (i) the extent to which the Trust has been reconstituted; (ii) the likelihood that the Trust will be reconstituted as contemplated under Chapter 66 and this Settlement Agreement if the settlement is not terminated; (iii) the amount of work completed and funds expended toward reconstitution of the Trust as provided in Chapter 66 and this Settlement Agreement; (iv) the good faith of the parties; (v) the prejudice to the parties if the settlement is or is not terminated; and - (vi) other appropriate considerations. MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 33 (b) In the event this settlement is terminated as provided in this Section or otherwise, the settlement embodied in Chapter 66 and this Settlement Agreement shall be void and, except as provided in Article III, Section 31, the parties returned to their respective positions as if this settlement had never become effective, including the right to re-assert claims to Original Trust Lands. 31. Cancellation of Re-Notice of Lis Pendens and Modification to Remove Preliminary Injunction With Respect to Certain Third Party Transactions. (a) Plaintiffs recorded re-notices of lis pendens affecting all Original Trust Lands in or about September 1990, and by order of the Superior Court dated July 9, 1990, the State has been enjoined from issuing any patent(s) or other documents or taking any further steps which convey or transfer mental health trust lands or any interest(s) therein, including without limita- tion, any permits to use or occupy mental health trust lands, or extract resources from any mental health trust lands, pending final resolution of this litigation or earlier order of this court. Upon final approval of this Settlement Agreement and Chapter 66 taking effect, all such third party rights are validated and the need to litigate issues relating to title is eliminated. The length of time, however, to obtain approval may cause substantial hardship to certain third parties who have received patents or who have entered into contracts to receive title to Original Trust Lands from the State or municipalities. Therefore, upon presentation of this Settlement Agreement to the court for ap- proval, the State and the Plaintiffs executing this Settlement MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 34 Agreement through counsel shall immediately move for cancellation of the re-notice of lis pendens and modification to remove the preliminary injunction with respect to Original Trust Lands in which the State or any municipality conveyed or agreed to convey title to a third party in the form attached hereto as Exhibit H. For purposes of this Section, a conveyance or agreement to convey by the State to a municipality is not one to a third party. (b) In order to protect the Trust’s interests in the Origi- nal Trust Lands described in Subsection (a), the parties agree that if the settlement of this action contemplated by Chapter 66 and this Settlement Agreement is not finally approved by the court, the Plaintiffs may reassert claims to such lands. The parties further agree that if the settlement of this action contemplated by Chapter 66 and this Settlement Agreement is not finally approved by the court, or is terminated for any reason, the State shall compensate the trust for the fair market value of any valid interest(s) of the Trust that were cut-off after the date the re-notices of lis pendens were canceled. The compensa-— tion may be made in land as comparable in character as practica- ble to the land for which the Trust’s valid interests were cut- off, as provided in Section 55 of Chapter 66. (c) If the court denies the motion or if an order approving the motion for cancellation of the re-notice of lis pendens and for modification to remove the preliminary injunction set forth in subsection (a) is not entered within 4 months of the date the motion is submitted to the court for decision, the parties shall have 60 days to arrive at a mutually agreeable way to address the MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 35 interests of such third parties and the Trust in the parcels of Original Trust Lands. In the event the parties are unable to arrive at such an agreement, either party may terminate this Settlement Agreement. (d) This Section survives termination of this Settlement Agreement. ARTICLE IV. ONGOING RESPONSIBILITIES OF THE STATE AND THE TRUST AUTHORITY 1. General Trust Responsibilities and Obligations. The parties agree that the State, in carrying out its responsibili-- ties and obligations under the Enabling Act, acts through the Governor and his or her Administration, the Legislature, and the Trust Authority. (a) The Trust Authority is under the obligation when per- forming functions related to the Trust to do so as provided in Chapter 66, including without limitation, (i) when exercising any discretion under Chapter 66 per- taining to the Trust, to do so properly as provided in Chapter 66; (ii) assuring that Trust Property and Trust Funds are admin- istered properly; (iii) assuring that the Trust corpus is preserved and pro- tected; (iv) assuring that all revenue derived from Trust Property is deposited into the Mental Health Trust Fund or the Mental Health Trust Income Account as either corpus or MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 36 income, as appropriate, pursuant to AS 13.38.010 et. seqg.; (v) assuring that Trust Funds are spent solely for Trust purposes as provided in Chapter. 66, unless an excess is properly determined to exist under Chapter 66; and (vi) assuring that grantees of and contractors being paid with Trust Funds spend Trust Funds in accordance with Chapter 66, and the terms of the grant or contract. (b) The Legislature is under the obligation when performing functions related to the Trust to do so as provided in Chapter 66, including without limitation, (i) when exercising any discretion under Chapter 66 per- taining to the Trust, to do so properly as provided in Chapter 66; and (ii) appropriating Trust Funds solely for Trust Purposes properly as provided in Chapter 66, unless an excess is properly determined to exist under Chapter 66. (c) The Governor and his or her Administration is under the obligation when performing functions related to the Trust to do so as provided in Chapter 66, including without limitation, (i) when exercising any discretion under Chapter 66 per- taining to the Trust, to do so properly as provided in Chapter 66; (ii) assuring that Trust Funds are spent solely for Trust purposes as provided for in Chapter 66, unless an excess is properly determined to exist under Chapter 66; and MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 37 (iii) assuring that grantees of and contractors being paid with Trust Funds spend Trust Funds in accordance with Chapter 66, and the terms of the grant or contract. 2. Sharing of Information. (a) Except as provided under Subsection (c), the parties agree that the Trust Authority is entitled to receive at its request all information in the State’s possession or control relevant to: (i) the preparation, revision, or amendment of the inte- grated comprehensive mental health program plan; (ii) the planning of expenditures from the Mental Health Trust Account; and (iii) the implementation of the integrated comprehensive system of care established under the Enabling Act, as determined by the plan. (b) Information under (a) of this Section includes informa- tion that is confidential under state and federal law. To the extent that information provided under this Section is confiden- tial, its confidentiality shall be so stated and provided subject to appropriate safeguards regarding maintenance of confidentiali- ty. (c) I£ the State asserts that disclosure of information re- quested by the Trust Authority is prohibited by law or otherwise need not be made, it shall provide the Trust Authority with the identity of the source and a description of the nature of the information withheld, and the Trust Authority may seek appropri- ate judicial relief to compel disclosure of the information. MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 38 3. Taxation of Trust Land. The parties agree that Trust Land is not subject to general taxation except that a private leasehold, contract, or other interest in the property is taxable to the extent of that interest. 4. Management of Other State Land. The parties agree that Reconstituted Trust Lands shall be treated as private land for purposes of the management of other State land, including without limitation, entitlements to preference rights and buffer zones. 5. Law licable to Management of Trust Lands. (a) Except for the notice required under AS 38.05.945 (b) and (c), the parties agree that Reconstituted Trust Land shall be managed by the Trust Authority free from all State laws that apply only to the sale, encumbrance, development or use of State lands not held in trust. (b) If a claim is made challenging the validity of subsec- tion (a), the State agrees to defend its validity on all appro- priate grounds, including the ground that enforcement of the claim constitutes impairment of Plaintiffs’ and Beneficiaries’ contract rights under this Settlement Agreement. 6. Access to Trust Land. The parties agree that the State will reserve without charge legal rights-of-ways and easements for access and for utility services to each parcel of Reconsti- tuted Trust Land. Consistent with state and federal law, a right- of-way or easement shall be located to assure adequate and feasi- ble access for the purposes for which the right-of-way or ease- ment is intended. Nothing in this Section requires the State to provide access across non-State land. MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 39 7. State Infrastructure on Trust Lands. The State may not exclude infrastructure or financial support to the Trust on the basis that such infrastructure or financial support would benefit Trust Land. 8. Compliance With Chapter 66 and this Settlement Agree- ment Is a Defense. In any action by the Beneficiaries in which it is alleged that any State action is inconsistent with the requirements of the Enabling Act, it is a complete and total defense that the State is acting consistently with Chapter 66 and this Settlement Agreement. 9. State Amendment of Selection Priorities. The parties agree that timely conveyance of the Trust’s remaining land enti- tlement under the Enabling Act is critical to the Trust. Accord- ingly, the State will provide the Plaintiffs with a complete listing of pending mental health selections and its analysis of selection conflicts, if any. The Plaintiffs will prioritize the remaining mental health selections and provide this listing to the State which shall incorporate such prioritization in the annual conveyance priority list filing with BLM. The State shall consult with the Plaintiffs when it determines the appropriate ranking of the mental health selections among the other State conveyance priorities. In those cases where mental health selec-— tions and general or community grant selections are coexistent: (1) the State and Plaintiffs will resolve the conflicts ina manner which ensures future Trust or State ownership, and (2) when requested by Plaintiffs, the State shall resolve conflicts in favor of the Trust. MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 40 10. Competing Native Allotments. (a) The State and the Plaintiffs support the prompt adjudication and approval of valid Native allotment applications. The State shall determine wheth- er to challenge the validity of any Native allotment application on Original Trust Lands, Hypothecated Lands, and other State lands identified as Substitute Land or Proposed Substitute Land. The State shall notify Plaintiffs of the State’s determinations, which shall be final and not reviewable by the court under Sec- tions 55(h) and 57 of Chapter 66. (b) Lands that have been approved for conveyance or patent under the Enabling Act that are determined to be subject to valid Native Allotment applications shall be treated as Non-Reconsti- tuted Trust Lands for which compensation shall be made pursuant to Section 55 of Chapter 66 and Article III of this Settlement Agreement as follows: (i) To the extent that remaining selections under the Enabling Act will result in conveyance of lands that are not as valuable as the Native Allotment Land, the State will compensate the Trust in the same manner as for Non-Reconstituted Trust Lands under Chapter 66 and this Settlement Agreement with land as comparable as practicable to the Native Allotment land, and equal in fair market value to the difference in fair market value between the land most likely to be conveyed and the Native Allotment land. (ii) Since the actual conveyance by BLM of lands to replace the Native Allotment land may not occur for some time, MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 41 the Plaintiffs and the State shall jointly determine those lands that are most likely to be conveyed under the Enabling Act instead of the Native Allotment land. (iii) This Section only applies to Native Allotment Applica- tions that are shown on the BLM Master Title Plats prior to conveyance of the relevant land to the Trust Authority. After such time, the Trust Authority shall be responsible for handling Native Allotment Applica- tion conflicts. 11. Funding of Mental Health Program from General Fund. The parties agree that only when Trust Income exceeds the amount that is reasonably necessary to meet the projected operating and capital expenses of the integrated comprehensive mental health program that any Trust Funds may be transferred to the general fund. In the event that Trust Income is insufficient to fund the necessary operating and capital expenses of the integrated com- prehensive mental health program, appropriations may be made from the general fund for that purpose. Nothing in Chapter 66 or this Settlement Agreement is intended to change any obligation the State may have under state and federal law to provide, from general fund revenue sources, for the health and welfare of Beneficiaries. ARTICLE V. INTERIM OBLIGATIONS TO THE TRUST AND THE BENEFICIARIES. The parties recognize that Chapter 66 imposes certain interim obligations and responsibilities upon the State and Plaintiffs MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 42 during the period of implementing the Trust reconstitution. In recognition of those interim obligations, the parties agree: 1. Plaintiffs Will Be Funded by the State. (a) Plaintiffs are entitled to receive from the State sufficient funds to adequately perform the responsibilities imposed upon the Plaintiffs in the reconstitution process under Chapter 66 and this Settlement Agreement. As a general principle, the State and the Plaintiffs shall receive equal funding for equal work effort to be performed under Chapter 66 and this Settlement Agreement. Equal funding for equal work effort to be performed shall take into considera- tion the different types of work, the different amounts of work, the different costs associated with different types of personnel employed to perform the work, and similar considerations. The intent of this provision is to ensure that neither party obtains a financial advantage over the other. The parties recognize, however, that the scope of the work performed by one party may differ significantly from that performed by the other, and that different amounts of funds may be provided to the parties to reflect this fact. (b) In the event of a dispute as to the amount of funding required for the Plaintiffs to accomplish their responsibilities under Chapter 66, the court will resolve the dispute under Sec- tion 57 of Chapter 66 and this Settlement Agreement. (c) The parties recognize that the there may be some delay in obtaining approval of the settlement embodied in Chapter 66 and this Settlement Agreement, but that work to implement the settlement must begin immediately to ensure that the Trust is MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 43 reconstituted in a timely manner. Funding for such work will be provided in accordance with this subsection. Before October 1, the parties will meet to seek agreement on funding for the fol- lowing fiscal year. If agreement is not reached, or if the legislature appropriates less than the agreed upon amount, the Plaintiffs may apply to the court (1) to determine whether the amount appropriated is reasonable to permit Plaintiffs to perform their responsibilities under the settlement embodied in Chapter 66 and the Settlement Agreement, and (2) if it is not, to deter- mine the appropriate remedy. Nothing in this subsection pre- cludes the State from arguing that the amount appropriated is reasonable in light of all the circumstances. This Subsection is effective as of the date of this Settlement Agreement. 2. Interim Management of Original Trust Lands. Until such time as a conveyance to the Trust Authority has been completed with respect to each parcel of Original Trust Land which may be conveyed to the Trust under Chapter 66 and this Settlement Agree- ment: (i) the State and the Plaintiffs may agree to sell, lease, exchange, or otherwise enter into transactions with respect to parcels of such land or any interest there- in, provided, however, that prior to completing any such transaction, any notice required under AS 38.05.945 shall be given; (ii) any transaction with respect to such parcel requires the written consent of the Plaintiffs, and any transac-— tion consummated without such consent is void; MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 44 (iii) all revenue received beginning July 1, 1991 from each such parcel shall be separately accounted for, and all such revenue from each parcel ultimately conveyed to the Trust shall be deposited into the Mental Health Trust Fund or Mental Health Trust Income Account as either corpus or income pursuant to AS 13.38.0100 et seq.; and (iv) the State, after consultation with Plaintiffs, at its expense, shall take all practical steps to protect such Original Trust Lands from trespass, damage, and waste to the same extent that it takes such steps with re- spect to State general grant land given the highest protection (For example, unless otherwise agreed to by the parties, and prior to conveying Original Trust Land to the Trust, the State shall undertake trespass en- forcement actions. As another example, the State and Plaintiffs shall mutually agree upon the appropriate category for forest fire management purposes for Origi- nal Trust Land). 3. Management of Land After Conveyance. After a parcel of Original Trust Land or Substitute Land has been conveyed to the Trust Authority as provided in Article III, Section 15 hereof, all management authority for that parcel is transferred to the Trust Authority. After an exchange has been completed with respect to a parcel of Non-Reconstituted Trust Land for which the Trust is not to receive title, all management authority for that parcel of Non-Reconstituted Trust Land is transferred to the MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 45 State. Nothing herein shall be deemed to prevent the Trust Authority from entering into one or more agreements with the State to manage Trust Lands after management authority has been transferred to the Trust Authority. 4. Land Closed to Mineral Entry. Until such time as a parcel of Original Trust Land has been conveyed to the Trust Authority, or an exchange has taken place with respect to such parcel of Original Trust Land, such parcels of Original Trust Land shall remain closed to mineral entry under State law, and any interests claimed or granted in contravention of this Section are void. 5. Management of Hypothecated Land. Until such time as a conveyance to the Trust Authority has been completed with respect to each parcel of Hypothecated Land or the parcel has been re- leased from hypothecation: (i) any transaction with respect to such parcel will be subject to a finding that it is consistent with hypo- thecation of the parcel, which will include that no substantial devaluation of the parcel for purposes of Trust ownership will result; the preliminary finding will be given to the Plaintiffs at the time notice of the proposed action is circulated for agency review; (ii) the State, at its expense, will take all practical steps to protect Hypothecated Lands from damage to the same extent that it takes such steps with respect to State general grant land; and MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 46 (iii) any disputes with respect to the management of Hypothe- cated Lands, including application of this section, shall be resolved by the court under Section 57 of Chapter 66. 6. Adherence to Settlement Agreement. The Commissioner shall ensure adherence to the provisions of Article V, Sections 2, 5, and 7 of this Settlement Agreement, including but not limited to noting to the record the status of Hypothecated Land and promulgating a Department Order in the form attached hereto as Exhibit I. The Hypothecated Lands List shall also be recorded by the State at its expense. This Section is effective as of the date of this Settlement Agreement. 7. Management of Proposed Substitute Land. Proposed Sub- stitute Land shall be segregated from entr: >> disposal, includ- ing closure to mineral entry, unless otherwise mutually agreed to by the parties. ARTICLE VI. EXERCISE OF REMEDIES FOR BREACH OR DEFAULT. 1. Remedies for Breach of Responsibilities and Obligations. The parties agree that each provision of Chapter 66 and this Settlement Agreement are of material importance to this settle- ment. In the event of: (i) a breach by the State or Plaintiffs of any provision, term, or covenant of this Settlement Agreement; (ii) a failure of a party or the Trust Authority to comply with any applicable provision of Chapter 66 or this Settlement Agreement; or MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 47 (iii) an amendment of any provision of Chapter 66 (or other law) that materially diminishes responsibilities and obligations of the State provided in Chapter 66 and this Settlement Agreement, the parties shall be entitled to pursue, in addition to any specific remedies provided herein for breach of particular terms, covenants, or conditions, any remedies that may be available to them under this Settlement Agreement, or otherwise in law or equity, including declaratory relief or injunctive relief and including specific performance of their rights and obligations hereunder and under Chapter 66. 2. Remedies Are Not Exclusive and May Be Pursued in Any Order. Except as otherwise specifically provided, none of the remedies provided in this Settlement Agreement for breach or other inability to comply is exclusive, and Plaintiffs or the State may pursue any one or more remedies provided in this Set- tlement Agreement in any order, as may be applicable. 3. No Waiver of Remedies by Delay or Omission. A delay or omission by the Plaintiffs or the State in exercising any right or power arising from any breach of this Agreement does not prevent the Plaintiffs or the State from exercising that right or power if the breach continues. A waiver of breach, whether full or partial, by the Plaintiffs or the State, may not be taken to extend to any subsequent breach. The giving, taking, or enforce- ment of any particular security does not operate to prejudice, waive, or affect any other security, or any rights, powers or remedies exercised under it. MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 48 4. No Waiver of Remedies. No course of dealing on the part of the Plaintiffs or the State or any delay or fail- ure on the part of Plaintiffs or the State to exercise any right is a waiver of such right or otherwise prejudices Plaintiffs’ or the State’s rights, powers, and remedies. 5. Court May Execute Instruments Necessary to Implement Orders. In the event that the State or the Plaintiffs fail to comply with any order of a court hereunder, the court may execute and deliver to Plaintiffs or the State, respectively, any instru- ment or document necessary or desirable to implement such order. 6. Who Can Exercise Rights and Remedies. With the excep- tion of rights and remedies exercisable by the State, rights and remedies provided for herein are exercisable by the Plaintiffs, the Trust Authority, or the Beneficiaries of the Trust, or any combination thereof, as follows: (a) Rights and remedies pertaining to the reconstitution of the Trust are exercisable only by the Plaintiffs now or hereafter executing this Settlement Agreement through counsel, until notice of reconstitution is given under Article III, Section 22, of this Settlement Agreement, except for malfeasance or misfeasance on the part of the Plaintiffs, in which event the Trust Authority, the non-signing Plaintiffs, or other Beneficiaries of the Trust may exercise such rights or remedies upon order of the court under Section 57 of Chapter 66. (b) After notice of reconstitution of the Trust pursuant to Article III, Section 22, of this Settlement Agreement, any re- maining responsibilities assigned to the Plaintiffs under this MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 49 Settlement Agreement are transferred to the Trust Authority and the Trust Authority may exercise rights and remedies pertaining to the reconstitution of the Trust. (c) Until the Trust Authority is appointed and notifies the Plaintiffs in writing that it is ready to assume its responsibil- ities hereunder, the Plaintiffs may exercise any rights and remedies pertaining to the Trust Authority under this Settlement Agreement. After the Trust Authority is appointed and notifies the Plaintiffs in writing that it is ready to assume its respon- sibilities hereunder, the Trust Authority may exercise any rights and remedies pertaining to its responsibilities. (d) In the event the Trust Authority fails or refuses to exercise any rights or remedies herein in appropriate circum— stances, the Beneficiaries, including the Plaintiffs, may exer- cise any such rights and remedies. The Beneficiaries may other- wise exercise any remedies or rights provided herein under the circumstances beneficiaries may ordinarily enforce the terms of a trust, subject to the rights of the State, the Trust Authority, the Plaintiffs, or any combination thereof, to defend on the grounds of res judicata, collateral estoppel, or any other avail- able legal or equitable defenses. ARTICLE VII. INTERPRETATION. Both the State and the Plaintiffs participated equally through counsel in the drafting of this Settlement Agreement and agree that the canon of construction that ambiguities in an agreement be construed against the drafter does not apply. MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE SO ARTICLE VIII. AUTHORITY OF COUNSEL FOR PLAINTIFFS TO IMPLEMENT RECONSTITUTION OF THE TRUST. Counsel of record for the Plaintiffs shall designate one of their number as lead counsel and provide that designation to the Attorney General and the Commissioner. Plaintiffs warrant to the State that the designation of lead counsel confers upon lead counsel all authority necessary to implement the provisions of this Settlement Agreement relating to the reconstitution of the Trust under Chapter 66 and this Settlement Agreement on behalf of all the Beneficiaries, and to sign documents on behalf of and binding upon all Beneficiaries. Plaintiffs’ counsel may change the designation of lead counsel at any time, but such a change in designation will not become effective until served upon the Attorney General and the Commissioner. If lead counsel ceases to represent at least one Plaintiff, counsel for Plaintiffs shall immediately designate a new lead counsel and serve that designa- tion on the Attorney General and the Commissioner. Lead counsel may designate one or more co-counsel to exercise specific author- ity under this Section and shall notify the Attorney General and the Commissioner of such designation. ARTICLE IX. MODIFICATION; AMENDMENT. 1. Settlement Agreement Incorporated into Consent Decree. The terms of this Settlement Agreement will be incorporated into a consent decree of a prospective nature that is binding upon the State, the Plaintiffs, and the Beneficiaries. MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 51 2. Modification in Form of Relief from Judgment. (a) The parties acknowledge that a change in circumstances may occur that would thwart or hinder the accomplishment of the purposes of the parties in entering into this Settlement Agreement by strict adherence to one or more of the specific provisions hereof. Recognizing, however, that the parties are releasing claims and defenses in exchange for the resolution of this dispute as pro- vided in Chapter 66 and this Settlement Agreement, and that by releasing such claims and defenses, the parties may be prejudiced by any relief from the judgment incorporating Chapter 66 and this Settlement Agreement, the parties agree that nothing less than a clear showing of new and unforeseen conditions that thwart or hinder accomplishment of the settlement may give rise to a re- quest by only one party to this Settlement Agreement to be re- lieved from judgment that in any way modifies: (i) the compensation to the Trust; (ii) the obligations of the State with respect to providing services to the Beneficiaries from Trust Income under Chapter 66, or (iil) the rights of the State, the Plaintiffs, the Trust Authority, and the Beneficiaries of the Trust to fully enforce the terms hereof. (b) Other requests to modify judgment hereunder shall be governed by Civil Rule 60. 3. Agreement to Amend Settlement Agreement Prior to Recon- stitution. Amendment to this Settlement Agreement by the parties is effective only as hereinafter provided. Prior to the giving MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 52 of notice under Article III, Section 22 that reconstitution of the Trust has been completed, and notice thereof having been given by publication in newspapers of general circulation throughout the State, this Settlement Agreement may be amended only upon approval by the court under such conditions as may be ordered by the court, which may include notice to the Benefici- aries under Civil Rule 23. 4. Agreement to Amend Settlement Agreement After Reconsti- tution. After the giving of notice under Article III, Section 22 that reconstitution of the Trust has been completed, and except as provided in Article IX, Section 2 of this Settlement Agree- ment, this Settlement Agreement may only be amended by the court with the approval of the Trust Authority or the Beneficiaries, and notice thereof having been given by publication in newspapers of general circulation throughout the State, and upon approval by the court under such conditions as may be ordered by the court, which may include notice to the Beneficiaries under Civil Rule 23. ARTICLE X. INDEMNIFICATION. (a) The State shall indemnify, defend, and hold harmless: (i) Plaintiffs and Beneficiaries from and against any liability (excluding liability for death, bodily in- jury, physical property damage, or punitive damages) for entering into this Settlement Agreement or from acts or omissions in performing Plaintiffs’ and Benefi- MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 53 ciaries’ responsibilities and obligations under this Settlement Agreement; and (ii) Plaintiffs, counsel for Plaintiffs, and Beneficiaries from and against any liability (excluding punitive damages) for death, bodily injury, or physical property damage in connection with Original Trust Land, Hypothe- cated Land or Proposed Substitute Land and arising from the entering into or implementing of this Settlement Agreement, PROVIDED, HOWEVER, that for lands over which Plaintiffs have concurrence authority under Article V, Section 2 of this Settlement Agreement, the State and Plaintiffs’ counsel take all commercially reasonable steps to obtain a similar indemnity and adequate evi- dence of financial responsibility from any private party seeking to use such land, which indemnity and financial responsibility shall be primary to the State’s indemnity under this subsection; and PROVIDED, FURTHER, that the State shall not indemnify, de- fend, nor hold harmless Plaintiffs, counsel for Plaintiffs, or Beneficiaries under Subsection (a)(i) or (a)(ii) from any liabil- ity arising from A. grossly negligent or reckless acts or omissions, or intentional misconduct of the Plaintiffs, counsel for Plaintiffs, Beneficiaries, or their employees and agents, B. the improper disclosure of confidential informa- tion; MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 54 C. workers‘ compensation or other insurance or work- place statutes or regulations; D. employment disputes or other alleged civil rights violations under state or federal law, including, without limitation, claims for wrongful termina- tion, claims under 42 U.S.C. Secs. 1983, 1985, 2000(e), AS 18.80, the Americans with Disabilities Act of 1990, Pub. L. 101-336, 104 Stat. 327, the Age Discrimination and Employment Act, 29 U.S.C. Secs. 621 et. seq., and the Age Discrimination Act, 42 U.S.C Secs. 6101 et. seq.; or E. claims or demands made by the State against the Plaintiffs, counsel for Plaintiffs, or Benefici- aries under this Settlement Agreement. (b) The State’s indemnity obligation under this Article is in excess of and will not contribute with any other insurance, indemnity, or contractual transfer of responsibility. The Plain- tiffs, counsel for the Plaintiffs, and Beneficiaries shall and hereby do assign any claims and defenses they may have with respect to liability under this Article and covenant to cooperate fully in the prosecution or defense of any action with respect to liability under this Article. Plaintiffs, counsel for Plain- tiffs, and the Beneficiaries shall give the State notice of any claims that may result in liability under this Article in a timely manner so as to provide the State with an opportunity to defend against such claims or actions. Failure to notify the MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 55 State within 30 days of first knowledge of a claim shall relieve the State of any obligation under this Article. (c) Except for incidents or occurrences occurring (i) prior to conveyance of Reconstituted Trust Land to the Trust by interim conveyance or patent with respect to Reconstituted Trust Land, and (ii) the giving of notice of reconstitution under Article III, Section 22 with respect to Hypothecated Land and Proposed Substitute Land, the State’s obligation under this Article shall terminate upon the giving of notice of reconstitution under Article III, Section 22 of this Settlement Agreement. This Article does not survive termination of this Settlement Agree- ment. ARTICLE XI. GENERAL PROVISIONS. 1. Time. Time is of the essence in each and every provi- sion hereof. 2. Captions. The captions to the sections in this Settle- ment Agreement are solely for convenience of reference and do not in any way limit, amplify, or modify the provisions hereof. 3. Severability. Except as specifically provided herein, the invalidity or unenforceability of any particular provision of this Settlement Agreement does not affect the other provisions hereof, and such provision shall be construed to most closely match the intent of such provision to the extent that it may be valid and enforceable. 4. Entire Agreement. This is the entire agreement of the parties pertaining to the subject matter hereof and supersedes MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 56 all or any other prior agreements and understandings between the parties, representing full and final disposition of the pending claims in this case. 5. Dispute Resolution. In the absence of an agreement for alternate resolution of a dispute and except for disputes to be resolved under section 57 of Chapter 66 (primarily concerning implementation of the reconstitution of the Trust), any suit to enforce the terms of this Settlement Agreement must be brought in the superior court for the State of Alaska. ARTICLE XII. SETTLEMENT OF ACTION. Upon approval of this Settlement Agreement by the court and the issuance of an order or decree incorporating the provisions of this Settlement Agreement as a Consent Decree, 1. This action shall be dismissed and <he parties’ respec-— tive rights and obligations shall be determined under this Set- tlement Agreement, 2. The Preliminary Injunction issued in this action on July 9, 1990 shall be dissolved, 3. The Plaintiffs will be ordered to cancel the Re-Notices of Lis Pendens filed by Plaintiffs in the form attached hereto as Exhibit J, with recording charges borne by the State, and 4. The actions described in 1 -- 3 of this Article shall be stayed until Chapter 66 becomes effective. MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 57 +) DATED this a day of April, 1992. PLAINTIFFS: DAVID T. WALKER, ESQ., lead counsel, and Attorney for Plaintiffs VERN T. WEISS, father and next friend of CARL WEISS, a minor child, and EARL HILLIKER, on behalf of themselves and all/6thers similarly situated JAMES B. GOTTSTEIN, ESQ., Attorney for Intervening Plaintiffs ALASKA MENTAL HEALTH ASSOCIATION, MARY C. NANUWAK and JOHN MARTIN on behalf of themselves and all others similarly situated) a 4 ue By: eas ; James B. Gottstein JEFFREY L. JESSEE, ESQ., Attorney for Intervening Plaintiffs ANITA BOSEL, FRANCES DOULIN, SHARON GOODWIN, and GABRIEL-~MAYOC | By: ais) gine STATE: CHARLES E. COLE ATTORNEY GENERAL Fars) Usa ase sn ge LL APPROVED BY STATE OF ALASKA WALTER J.) HICKE GOVERNOR Wea arold C. Heinze MENTAL HEALTH TRUST LANDS SETTLEMENT AGREEMENT PAGE 58 US/Z9/9S 12 4B 503 226 0079 ATER WYNNE 001/006 « ATER WYNNE 222 Sw, Colobe HEWITT Te ean DODSON Fax (503) 226-0079 & SKERRITT ATTORNEYS AT LAW FACSIMILE TRANSMITTAL NOTICE: This facsimile contains confidential information that is being transmitted to and is intended only for the use of the recipient named below. Reading, disclosure, discussion, dissemination, distribution, or copying of this information by anyone other than the named recipient or his or her employees or agents is strictly prohibited. If you have received this facsimile in error, please immediately destroy it and notify us by telephone, (503) 226-1191. DATE: March 23, 1993 TO: Stan Sieczkowski and Tom Arminski ne: Aut CITY/STATE: Anchorage, Alaska FAX NUMBER: Z = 4 OFFICE NUMBER: _907/561-7877 FROM: ton DOCUMENT: : State L = th —Land PAGES (INCL. COVER) 6 USAGE TIME CLIENT NUMBER: 2394- vol 60/90 sera! EOVG ZZ0 VUTY AIEK WYNNE 1g002/006 _ ATER WYNNE sw Gat HEWITT NRE En DODSON Fax (503) 226-0079 & SKERRITT ATTORNEYS AT LAW MEMORANDUM TO: Stan Sieczkowski and Tom Arminski Alaska Energy Authority FROM: Ron Saxton DATE: March 23, 1993 3 State Land Selections - Mental Health Land Following our discussion, and the review of the materials you forwarded to me regarding the land selections, I asked Julie Simon to do a little additional research. Attached is a copy of Julie’s memo to me. Our conclusion is that AEA and the utilities would have a strong argument against any effort by the Mental Health Trust to impose rent requirements on the Four Dam Pool lands or to make other charges. However, it is possible that it would be necessary to go to court to win this argument. Although the statutory language is quite supportive of our position, my previous experience with the Mental Health plaintiffs makes me nervous. They have been quite thorough in their examination of the income producing potential of lands they are selecting and would not use their elections to select land on which they are prohibited from charging rents. Therefore, they are either unaware of the FERC restriction, or they have an alternative interpretation of the statute. At this point, it probably makes sense to try and learn what they have in mind, rather than "gamble" on whether they have a contrary theory. I have a cordial working relationship with the attorneys for some of the Mental Health plaintiffs and would be happy to approach them suggesting that they select other land on which they would be free to charge rent. If you have channels Seattle, Washington ‘Washington, D.C Sat Francisco, California Aililiated offices in (206) 623-4711 (202) 785-0303 (415) 421-4143 Anchorage, Fairbanks Fax (206) 467-8406 Fax (202) 785-8676 Fax (415) 989-1263 and Juneau, Alaske 03/23/93 12:47 503 226 0079 ATER WYNNE 003/006 ATER WYNNE Stan Sieczkowski and Tom Arminski March 23, 1993 Page 2 for informally discussing this, that would be another way to proceed. Please let me know if you have any additional information and how you would like to proceed. Attachment ce: (via mail) PMC Representatives and Alternates (w/attachment) Tom Stevenson, Tom Wagonner, Ketchikan Larry Barnes, Jeff Jabusch, Wrangell Brent Petrie, Stan Sieczkowski, AEA Clayton Hurless, Fred Williams, Copper Valley David Carlson, Dennis Lewis, Petersburg Walter Sapp, Bill Beatty, Kodiak Gary Stromberg RLS\705der.mem 03/23/93 12:47 503 226 0079 ATER WYNNE 004/006 ATER WYNNE Date: March 23, 1993 To: Ron Saxton From: Julie Simon Subject: Lan i di Section 24 of the Federal Power Act (16 U.S.C. § 818) provides that if federal lands are identified as having "power site potential" those lands are "reserved," which means that they are deleted from the pool of federal lands available for disposition by the federal government. Federal lands can be reserved by virtue of the permit of license application or by action of an executive department such as Power Site Classification by BLM. Once land is reserved, the reservation can be vacated only by the Commission (based on a showing that the site lacks power potential) or by Congress. Land use fees are paid to FERC for land which is reserved, even if the ownership of the land is transferred from the federal government. See section 10(e) of the Federal Power Act, 16 U.S.C. § 803(e). In addressing the issue of land use fees, the Commission has stated: The purpose of this provision [section 10(e)] is not to provide compensation for the general public’s loss of natural resources caused by the development of a project. The need for that type of compensation is considered and addressed by the Commission in formulating and including in the issued license the resource protection, mitigation and enhancement measures deemed necessary . . . to ensure that the licensed project is consistent with the compre- hensive development of the waterway in question. The se of the a lan . . is to reimburse the United States for the right to use United States lands for power purposes. Virginia Electric Power Company, 49 FERC 61,378, p. 62,386 (1989), citations omitted, emphasis added. It is clear that if the land is selected subject to Section 24, federal land use fees will continue. In PUD No. 2 of Grant County, Washington, 15 FERC 61,239, p. 61,549 (1981), the Commis- sion noted that it would continue its: established practice of assessing the same annual charge for lands in which the United States retains a Section 24 interest only as for lands to which the United States 03/23/93 12:48 503 226 0079 ATER WYNNE 005/006 ATER WYNNE holds full fee title. The charges are the same because the right for which the licensee is reimbursing the United States is the same in both cases: the right to use the land for power purposes. In this case, federal land had been exchanged and the issue was the applicability of land use fees to former United States lands now held in fee subject to the Section 24 reservation. If land is selected by the State of Alaska and an act of Congress vacates the Section 24 reservation, land use fees to FERC could be eliminated. There is not a lot of precedence for this, but in the Sabine case Congress did enact a land exchange, the purpose of which was to permanently exempt the project from federal land use fees. As part of that legislation, FERC was directed to determine a fair market value of that exemption, so that land use fees that would have accrued over the years were paid up front in a lump sum. See 30 FERC 61,225 (1985). In Clark Gruening, 61 FERC 61,226 (1992), the Commission ruled that the Sadie Creek Hydroelectric Project on Baranof Island, near Sitka, was not eligible for an exemption for federal hydro project licensing requirements. Clark Gruening had argued that since the project was located on state-selected land, no federal reservation was attached. The Commission disagreed, pointing to a 1929 BLM Power Site Classification covering the land on which the project was located. Nothing in this opinion suggests any special treatment for state selected lands. I spoke with FERC Staff about the possibility of successive landowners charging for the use of lands acquired subject to Section 24. Apparently, this issue has never been litigated at FERC, but Section 24 provides that if land is conveyed subject to the reservation, "no claim or right to compensation shall accrue from the occupation or use of any of such land." FERC Staff believes that this language precludes any subsequent landowners from asserting a claim for compensation from the licensee for the use of the land subject to the reservation. They used the analogy of a utility easement: A new landowner cannot charge a fee to use a previously granted utility easement across his newly-acquired property. However, as the Commission has previously noted in its reported decisions, Section 24 is not a model of clarity and there are no Commission or court decisions addressing this issue. Nonetheless, it appears that an argument can be made that the Mental Health Trust cannot charge AEA any fees for the use of the land on which the Projects are sited if it ultimately acquires that land. Because of the inherent uncertainties on this issue, the Four Dam Pool Purchasers should carefully monitor the status of discussions between AEA and the Trustees and consider seeking formal assurances from AEA that any land transfer will not result 2 006/006 03/23/93 12:49 503 226 0079 ATER WYNNE , ATER WYNNE in an increase in the costs to be allocated to the purchasing utilities. Please let me know if you have any additional questions or would like any additional research on this issue. 4DPS242.MEM State of Alaska N Waiter J. Hickel. Governor Alaska Energy Authority A Public Corporation July 16, 1993 Mr. Bill Corbus, Chairman Alaska Electric Light & Power Company 612 West Willoughby Juneau, AK 99801-1798 Subject: Snettisham Land Transfer Information Dear Mr. Corbus: Enclosed is the information you requested regarding conveyance of Snettisham Hydro lands to the State of Alaska as related to U. S. Forest Service and Mental Health Trust land use fees. Also enclosed is language which could be made part of the federal transfer legislation, and would prohibit the State of Alaska from charging land use fees and bar the land from being included in a reconstituted Mental Health Trust. At some time in the future, we should discuss these issues with Riley Snell of AIDEA since AIDEA will be the Alaska Energy Authority's successor in the transfer. Please feel free to contact me with your concerns. Sincerely, Mh Ronald A. ini Executive Director RAG:TA:ah Enclosures as stated. PO. Box 190869 701 East Tudor Road Anchorage, Alaska 99519-0869 (907) 561-7877 Fax: (907) 561-8584 93Q3\AHS5100.DOC(1) Page 1 of 1 The State of Alaska shall not charge the Snettisham Transferee for the use of any federal lands conveyed to the State of Alaska, described as follows, as part of, or in support of, the Snettisham transfer: T.42S.,R. 71 E., C.R.M. Sections 26-28: Those lands lying up to and including the 900 foot contour level; Section 31: NE%, EZNW%; Section 32: N%, NY%S%, SE%SE%; Section 33: SW%SW' and those lands lying up to and including the 900 foot contour level; Section 34-36: Those lands lying up to and including the 900 foot contour level. T.438.,R.71E, C.RM. Section 1: SE“ZNWY%SE%, SWY%SE%, and those lands lying up to and including the 900 foot contour level; Section 2: Those lands lying up to and including the 900 foot contour level; Section 4: NW%NW%; Section 5: NE%NE%; Section 12: W4NE%NE%, W%4ANE%, EANE“NW%, SEYNWYNEYSW%, EAZNWYSW%, SY2SWY%, WYASE%; Section 13: N%, N%S'%; Section 14: S4SWY%NE%, SE“NEY%, SE“SE“NW%, S14; Section 15: E44SE™% and those lands lying up to and including the 1100 foot contour level; Section 16: Those lands lying up to and including the 1100 foot contour level; Section 20: NE% and those lands lying up to and including the 1100 foot contour level; Sections 21 and 22: Those lands lying up to and including the 1100 foot contour level; Section 23: NWY%NE“NE%, NWY%NE%. Containing 2,666 acres, more or less. 93Q3/AHS5107(1) Page | of 2 Federal lands, described above, conveyed to the State of Alaska as part of, or in support of, the Snettisham transfer are specifically prohibited from being included in the Alaska Mental Health Enabling Act, Pub. L., No. 84-830, 70 Stat. 709 (1956) or any reconstitution thereof under the Alaska Mental Health Trust Lands Settlement Act (Secs. 54-58, Ch. 66, Alaska Session Laws 1991) or any other law. 93Q3/AHS107(2) Page 2 of 2 State of Alaska DN Walter J. Hickel, Governor Alaska Energy Authority A Public Corporation August 11, 1993 Mr. Mark Dinneen, Special Counsel Office of the Governor 444 N. Capitol Street, N.W., Suite 336 Washington, D.C. 20001-1512 Subject: Snettisham Divestiture Dear Mark: To follow-up on our telephone conversation of August 10, regarding the State's continuing support of the Snettisham divestiture and related Mental Health Trust land issues, I am enclosing the following for your use: i Portions of CSSB 165 which, in Section 68, re-appropriates $50,000 in FY94 for use by the Alaska Energy Authority to continue with the Snettisham acquisition. 2 FY92 and FY93 Revised Program Request budget documents which indicate funds were authorized for Snettisham acquisition in those years. 3: Memo to Mr. Bruce Phelps, Department of Natural Resources (DNR) Project Manager for the Mental Health Settlement Project, which apprises DNR of Alaska Energy Authority's concerns related to the nomination of Snettisham lands to the settlement trust. 4. Letter to Mr. Bill Corbus, Chairman of Alaska Electric Light and Power Company, suggesting language which could be included in the federal transfer legislation to bar Snettisham lands from inclusion in the Mental Health Trust and prohibit land use fees by the State of Alaska. To summarize, the Alaska State Legislature continues to support efforts to acquire Snettisham as evidenced by appropriating funds for that purpose. PO. Box 190869 704 East Tudor Road Anchorage, Alaska 99519-0869 (907) 561-7877 Fax: (907) 561-8584 93Q3\TJ5238(1) Page | of 2 Mr. Mark Dinneen Subject: Snettisham Divestiture August 11, 1993 Secondly, it is the Energy Authority's position that, unless the Snettisham lands are conveyed to State unencumbered with the possibility of land use fees that would increase the cost of power to the consumers, the desirability of the transfer is diminished. If you have any more questions, please feel free to contact me. Sincerely, Ronald A. Garzini i Executive Director TJA:RAG‘tlj Enclosures as stated. cc: Riley Snell, Alaska Industrial Development and Export Authority, w/enc. 93Q3\TJ5238(2) Page 2 of 2 SENATE JOURNAL SUPPLEMENT May 19, 1993 Wednesday No. 7 AMENDMENT NO. 8 FOR CSSB 7(FIN) am AMENDMENT NO. I FOR CSSB 165(FIN) AMENDMENT NO. 19 FOR CSSB 183(FIN) am SHEEEKEREEEEE ED TO: CSSB 165(FIN) - Senate Journal Pages 2294 - 2295 Page 1, line 1, through page 2, line 27: Delete all material and insert: ""An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; making, amending, and repealing operating and capital appropriations; and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. The interest of the State of Alaska in payments received by the state for deposit into the Alyeska Settlement Fund under the Agreement and Consent Decree in IN RE: The EXXON VALDEZ, United States District Court, District of Alaska, case No. A89-095 Civil (Consolidated)(Re: case No. A92-175 Civil, decree entered November 25, 1992), is appropriated to the Alyeska Settlement Fund. * Sec. 2. The sum of $20,500,000 is appropriated from the Alyeska Settlement Fund to the Department of Transportation and Public Facilities and is allocated for the following projects in the amounts listed: PROJECT ALLOCATION Construction of oil spill response equipment storage facilities and docks at Tatitlek and Chenega; acquisition of oil spill response equipment for prepositioning at Tatitlek and Chenega $14,500,000 Construction of road from Cordova to Shepard Point; construction of oil spill response equipment storage facilities at Shepard Point; acquisition of oil spill response equipment for prepositioning at Shepard Point 6,000,000 * Sec. 3. The sum of $7,500,000 is appropriated from the Alyeska Settlement Fund to the Department of Natural Resources for the purchase of the inholdings of the Seldovia Native Association and of the Timber Trading Company, within the Kachemak Bay State Park as identified in the Preliminary Exchange Agreement dated June 30, 1989, as amended as of the effective date of this Act, between the state, the Seldovia Native Association, and the Timber Trading Company; and for the purchase of the inholdings of the Cook Inlet Region, Inc., within Kachemak Bay State Park. * Sec. 4. The sum of $200,000 is appropriated from the Alyeska Settlement Fund to the Department of Environmental Conservation for the acquisition and installation of communications equipment at the Valdez Emergency Operations Center. * Sec. 5. In secs. 1 - 5 of this Act, "Alyeska Settlement Fund" means the trust fund established in the state treasury for the purpose of teceiving, holding, and disbursing the settlement proceeds received by the state under the Agreement and Consent Decree in IN RE: The EXXON VALDEZ, United States District Court, District of Alaska, case No. A89-095 Civil (Consolidated)(Re: case No. A92-175 Civil, decree entered November 25, 1992). 10 | \ ( Vs AuuuusUauU 1Ui payment as 4 grant under AS 37.U5.315 to the City of King Cove for the design, engineering, construction, and purchase of equipment for a hydroelectric project. * Sec. 67. The sum of $4,000,000 is appropriated from the general fund to the Department of Transportation and Public Facilities, Alaska marine highway system, for improvements and overhaul. * Sec. 68. (a) The unexpended and unobligated balance of those portions of the appropriations made in sec. 158, ch. 3, FSSLA 1987, page 53, line 8 and allocated on line 10 (Beaver sewage lagoon - $220,000); in sec. 158, ch. 3, FSSLA 1987, page 53, line 8 and allocated on line 20 (Buckland water and sewer - $325,000); and in sec. 10, ch. 172, SLA 1988, page 15, line 6 and allocated on line 12 (Unalaska Standard Oil Hill sewer - $315,000); and of the appropriation made in sec. 139, ch. 208, SLA 1990, page 73, line 14 (DEC Juneau office consolidation - $802,000) are repealed and reappropriated to the following agencies in the amounts and for the purposes stated: RECIPIENT AND PURPOSE AMOUNT Alaska Energy Authority - Snettisham acquisition $ 50,000 Department of Education for payment as a grant under AS 14.11.005 by the Department of Education to the Bering Strait School District for water line construction to hook up to schools in Gambell 284,709 (b) If the amount available for reappropriation as the result of the repeal of the appropriations listed in (a) of this section is less than $334,709, then the appropriations made by (a) of this section are reduced in proportion to the amount of the shortfall. * Sec. 69. The sum of $175,000 is appropriated from the general fund to the Office of the Govemor, division of elections, to pay costs of elections operations for the fiscal year ending June 30, 1993, and is allocated for the following purposes in the amounts expressed: ALLOCATION AMOUNT Personal services $166,800 Travel 3,600 Contractual 3,400 Supplies 1,200 * Sec. 70. The sum of $1,980,700 is appropriated from the general fund to the Department of Administration for longevity bonus payments for the fiscal year ending June 30, 1993. * Sec. 71. The sum of $342,000 is appropriated from the general fund to the Department of Administration, public defender agency, for increased operating costs for the fiscal year ending June 30, 1993. * Sec. 72. The sum of $175,000 is appropriated from the general fund to the Department of Administration for operating costs of the rural Alaska television network for the fiscal year ending June 30, 1993. * Sec. 73. The sum of $70,000 is appropriated from the general fund to the Department of Administration, division of personnel, for increased operating costs of the personnel board for the fiscal year ending June 30, 1993. * Sec. 74. The sum of $575,000 is appropriated from the general fund to the Department of Administration, office of public advocacy, for operating costs due to increased caseload for the fiscal year ending June 30, 1993. 18 DATE: TO: THROUGH: FROM: SUBJECT: MOUnrraanes ty) Alaska Energy Authority MEMORANDUM September 16, 1992 J..Shelby Stastny... . -. Director a Office of hide & Budget The Honorable Paul Fuhs Acting Commissioner Department of Commerce and Economic Development Ronald A. Garzini Ur Executive Director Fie, Alaska Energy Authority ONS Continuation of RPL 08-2-0099 v, Type 4 Revised Program Request (RPL) < % Snettisham Purchase 2 The Alaska Energy Authority requests approval for continuation of authority to receive and expend $71,694 from the Power Development Revolving Loan Fund for expenses related to the purchase of the Snettisham hydroelectric project, which serves the Juneau area. This would allow the balance of funds previously authorized under RPL 08-2-0099 but not spent in FY 92, to be spent in FY 93. Funding Availability RPL 08-2-0099, approved by the Legislative Budget & Audit Committee on October 24, 1991, allowed the Energy Authority to receive and expend $90,000 for Snettisham purchase expenses. These funds came from Power Development Revolving Loan Fund revenues that exceeded initial projections. The purpose of the $90,000 allocation was to pay expenses in the areas of travel, communications, legal, and consulting fees associated with the sale. While a purchase agreement exists between the Energy Authority and the federal Alaska Power Administration, the actual transaction awaits Congressional approval. Because progress in obtaining Congressional approval has been slow, only $ $18, 306 was spent by the Energy Authority for this purpose in FY 92, leaving a balance of $71,694. New legislation to authorize the sale was introduced in Cotiivesst in June 1992. The prior authorization of the Legislative Budget and Audit Committee does not sind these funds into FY 93; therefore, authorization must be renewed in order to access the remaining balance. Page 1 of 2 l 4 “ J. Shelby Stastny Type 4 Revised Program Request (RPL) Snettisham Purchase September 16, 92Q3\IT3605(2) 1992 New or Expanded Services to be Provided As before, the funds would be used for travel, communications, legal, and consulting fees related to the Snettisham purchase proposal. This is expected to include travel to Juneau and Washingtoa, D.C. to meet with the U.S. Department of Energy and Interior officials, Congressional staff and delegations, and to attend hearings on the proposed sale. Impact on | Fun The funds will not supplant general funds because no appropriation exists for this purpose. The receipt of these funds will not obligate the State to spend general funds now or in the future. Positions to be Funded No new positions are requested in conjunction with this action, nor will the RPL fund an existing position that would otherwise be vacant. Technical and Budget Aspects of the RPL Funding for these expected Snettisham purchase expenses was requested in the Authority's FY 93 capital budget in the amount of $75,000. However, the Authority withdrew its request during the legislative session based on the expected availability of this carryover balance. RE:RAG:it Page 2 of 2 31: 10:43: OMB/Budget Reviews 907469964118 2 (ear alg te = A\ | Sy ahe NG ALASKA / THE LEGISLATURE / MAgOKWP [JUNEAU ALASKA 90811 sv0aeT COMMITTEE | PHONE: (907) 468-3786 October 25, 1991 RECEI Cheryl Frasca, Director 1 Division of Budget Review nov 4 199 Office of Management and Budget uaste 2°84 gy Authority Dear Cheryl: The Legislative Budget and Audit Committee, at its October 24, 1991 meeting, approved the following RPL requests: RPL # AGENCY AMOUNT/FUND SOURCE 01-2-8052 Governor 75.0 Federal Funds 01-2-8054 Governor 270.0 Federal Funds 01-2-8059 Governor 33.0 Federal Funds 0Q1-2-8060 Governor 20.0 Federal Funds . - 02-2-0227 Administration 50.0 GF/Program Receipts 04-2-0037 Revenue 228.7 Federal Funds 12.0 ama Incentive layments 05-2-0181 Education 5.0 Federal Funds 3.3 Gifts & Grants 05-2-4025 Education 216.6 Federal Funds 05-2-4027 Education 74,3 Federal Funds 05-2-4028 Education 5.3 Federal Funds 07-2-1240 Labor 305.7 Federal Funds 08-2-0099 Commerce & Econ Dev 90.0 Power Development 08-2-0101 Commerce & Econ Dev 100.0 sdve Didanie aa Revolving Loan Fund 08-2-0103 Commerce & Econ Dev 150.0 Federal Funds 08-2-0111 Commerce & Econ Dev 800.0 Federal Funds 10-2-4021 Natural Resources 90.0 GF/Program Receipts 10-2-4022 Natural Resources 91.5 Federal Func Funds 11-2-0160 Fish & Game 15,0 GF/Program Receipts 12-2-0008 Public Safety 59.3 GF/Program Receipts 12-2-0011 Public Safety 10.0 GF/Program Receipts 12-2-0067 Public Safety 7.8 Federal Funds 18-2-0010 Environmental Conservation 642.1 Federal Funds 25-2-2027 Transportation/PF 10,200.0 Federal Funds The Committee also approved RPL #02-2-0237, Administration, $965,000 General Fund/Program Receipts, but not as submitted. The Committee approved the specific expenditure authority and did not concur with the request to treat the SBS investment management fees as an “off-budget” item. Further, it is the Committee's direction that expenditure authority will also be included in future budget requests, i.e. FY 1993, SENT BY:State of Alaska $10-30991 + 10°49 OMB/Budget Reviews 907463384118 3 The Committee did not approve the following RPL requests with the understanding they may be considered at its next meeting: RPL# AGENCY 02-2-0222 Administration 05-2-4026 Education 09-2-0049 Military & Veteran Affairs 10-2-4013 Natural Resources 10-2-4023 Natural Resources 25-2-6475 Transportation/PF The next Committee meeting is tentatively scheduled for December 2, 1991 in Anchorage. incerely, Mike Greany, Director _ Legislative Finance Division ce: Representative Ron Larson, Chairman Legislative Budget and Audit Committee MANAGEMENT & BUDGET AMOUNT/FUND SOURCE $ 2,662.2 Interagency Receipts 509.0 Federal Funds ’ 710.0 Federal Funds 918.0 Agriculmre Revolving Loan Fund 25.0 GF/Program Receipts 2,085.0 GF/Program Reokipts OFFICE oF OCT 28 1997 GOVERNMENTAL CO ORDINATION State of Alaska DS Waiter J. Hicke!. Governor Alaska Energy Authority A Public Corporation July 16, 1993 Mr. Bill Corbus, Chairman Alaska Electric Light & Power Company 612 West Willoughby Juneau, AK 99801-1798 Subject: Snettisham Land Transfer Information Dear Mr. Corbus: Enclosed is the information you requested regarding conveyance of Snettisham Hydro lands to the State of Alaska as related to U. S. Forest Service and Mental Health Trust land use fees. Also enclosed is language which could be made part of the federal transfer legislation, and would prohibit the State of Alaska from charging land use fees and bar the land from being included in a reconstituted Mental Health Trust. At some time in the future, we should discuss these issues with Riley Snell of AIDEA since AIDEA will be the Alaska Energy Authority's successor in the transfer. Please feel free to contact me with your concerns. Sincerely, Ronald A. i Executive Director RAG:TA:ah Enclosures as stated. PO, Box 190869 701 EastTudor Road Anchorage, Alaska 99519-0869 (907) 561-7877 Fax: (907) 561-8584 93Q3\AHS5100.DOC(1) Page | of 1 The State of Alaska shall not charge the Snettisham Transferee for the use of any federal lands conveyed to the State of Alaska, described as follows, as part of, or in support of, the Snettisham transfer: T.42S.,R. 71 E., C.R.M. Sections 26-28: Those lands lying up to and including the 900 foot contour level; Section 31: NE%, EANW%; Section 32: N%, NY%S%, SEY“SE%; Section 33: SW%SW% and those lands lying up to and including the 900 foot contour level; Section 34-36: Those lands lying up to and including the 900 foot contour level. T. 43S.,R.71E., C.RM. Section 1: SE“ZNWY%SE%, SWY%SE%, and those lands lying up to and including the 900 foot contour level; Section 2: Those lands lying up to and including the 900 foot contour level; Section 4: NWY%NW%; Section 5: NE%NE%; Section 12: WY4ANE“NE%, WANE, EXNE“NW%, SEYNWYNEYSW%, EXZNWYSW%, SYSWY%, WYSE%; Section 13: N%4, NS; Section 14: S4SWY%NE%, SE“NE%, SEXZSEYNW%, S14; Section 15: E4SE% and those lands lying up to and including the 1100 foot contour level; Section 16: Those lands lying up to and including the 1100 foot contour level; Section 20: NE% and those lands lying up to and including the 1100 foot contour level; Sections 21 and 22: Those lands lying up to and including the 1100 foot contour level; Section 23: NW%NE“NE%, NW%NEM%. Containing 2,666 acres, more or less. 93Q3/AHS5107(1) Page | of 2 Federal lands, described above, conveyed to the State of Alaska as part of, or in support of, the Snettisham transfer are specifically prohibited from being included in the Alaska Mental Health Enabling Act, Pub. L., No. 84-830, 70 Stat. 709 (1956) or any reconstitution thereof under the Alaska Mental Health Trust Lands Settlement Act (Secs. 54-58, Ch. 66, Alaska Session Laws 1991) or any other law. 93Q3/AHS5107(2) Page 2 of 2 DATE: TO: FROM: SUBJECT: Alaska Energy Authority MEMORANDUM February 5, 1993 Mr. Bruce Phelps, AICP Project Manager Mental Health Settlement Project Alaska Department of Natural Resources inski its ight-of-Way Specialist aska Energy Authority Hydroelectric Project Land Nomination to Mental Health Trust Land Settlement As a follow-up to our meeting of January 20, 1993, I have described below issues related to inclusion of hydroelectric project lands in the Mental Health Settlement. Federal Power Act Issues "Section 24 of the Federal Power Act requires that when a Preliminary Permit Application or License Application for hydroelectric development is filed with the Federal Energy Regulatory Commission (FERC), the federal lands within the propotad cree boundity wre renttsed AAU ons location or other disposal under the laws of the United Stetes until otherwise. directed by the FERC or Congress. If FERC determines that lands reserved or classified as power sites will not be injured or destroyed for the purposes of power development by location, selection or entry under the public land laws, the Secretary of the Interior can declare the lands open to location, entry and selection under such restrictions as FERC may determine necessary and subject to, and with a reservation of the nght of the United States or its permittees or licensees to enter upon, occupy and use any pas or all of the lands for day 6g ceo and Under the terms of this provision, the use of federal lands which have been reserved by classification or filing of a license application or preliminary permit and then conveyed from federal Gunersti cannot be charged for (except by the federal government). Section 24 will affect selections made at Bradley Lake, Tyee Lake, Swan Lake, and Dorothy Lake Hydroelectric project sites. This was confirmed in a Memo to Bruce Phelps Subject: Mental Health Trust Land Settlement February 5, 1993 conversation I had with Mr. Charles Brown, who is with FERC in Washington, D.C. Mr. Brown stated that conveyances to the State of Alaska would also be subject to the conditions of licenses which have already been issued. In Attachment 2, FERC Standard License Conditions, I have highlighted those conditions which may have relevance with respect to the Settlement. These are discussed briefly below. Article 5 - This requires, that licensees obtain land use in perpetuity. In this instance, the FERC may require a perpetual land use agreement to be executed between the Trust and the licensee (AEA) before conveyance to the State can be approved. Article 6 - The right of occupancy obtained to satisfy Article 5 would need to be assignable to all future licensees or the federal government. Article 13- The Trust could not restrict the use of these lands by other parties if ordered to do so by the Commission. It also appears that compensation for such uses could go to the licensee rather than the Trust. Article 16- Reserves the right of the United States to enter onto the land at no cost to construct and/or enhance fish and wildlife facilities. Article 18- Reserves the right of public access for recreation, navigation, hunting and fishing. Article 25 - any agency of the United States to, without charge, build roads, ran ditches, canals, etc. It may be possible to receive title to these land without their being subject to these federal rights but that is highly unlikely. In my conversation with FERC'’s Mr. Brown, he was very adamant that SOdIRUnah MATES: Resting’ 24 wen the rede end tit ao perry char tun FERC would be allowed to charge for use of these lands. Mr. Brown's response is consistent with what FERC has told us in the past. In Attachment 3, I have highlighted references to FERC's position on vacation of Section 24 withdrawals which were discussed on previous occasions. Lastly..ia pesnepio of FEE, senndgmes os. ie (oe the State has ed that conveyance of federal lands within the Bradley Lake, Tyee request Lake, and Swan Lake project boundaries be subject to Section 24. \femo to Bruce Phelps Subject: Mental Health Trust Land Settlement February 5, 1993 Attachment 4 is a compendium of letters related to these prospective conveyances. Snettisham Purchase Some of the lands proposed for inclusion in the Trust are those selected by the State to facilitate the purchase of the Snettisham Hydroelectric project by the Alaska Energy Authority. - Under the terms of the sale agreement, which has already been negotiated, the federal land which is occupied by the ag would be Seartgyed ¢ to the State under its statehood entitlement. Supposing this would have be done without cost, no allowances have made for tant oi on 5 ees! in the sale contract. Since the sale is promulgated on the concept that it would stabilize and maintain electric rates close to what they presently are for Juneau area residents, and _ because the sale price has already been arrived at by consideration of key factors, significant, addivonal costs related to land use would nullify the desirability of the sale. It is anticipated that sale will be introduced into Congress this year for approval. It is importers to know whether the Snettisham lands sil be included i in the Trust because of the potential jeopardy to the sale. Impacts to Rate Payers If State and federal, State selected lands which underlie the Bradley Lake, Tyee Lake, Swan Lake, Solomon Gulch and Snettisham hydroelectric projects are included in the Trust and land use fees increase, these costs would be passed on to the ratepayers. This type of action would be contradictory to the intent of the Energy Program for Alaska (A.S. 44.83.380) which was established to provide inexpensive, stable priced energy for Alaskans and which also provided the impetus to build or acquire the affected hydroelectric projects. In several instances, rates increases will need to be approved by the Alaska Public Utilities Commission. Other Legal Issues Several other legal issues were raised with respect to inclusion of these lands in the Trust. They are: 1 Would the federal servitude associated with these lands bar their conveyance to the State altogether? as Could the land use fees, which ultimately would be paid by the electric ratepayers, in fact constitute a tax, which in the context it was collected, be unacceptable. Memo to. Bruce Phelps Subject: Mental Health Trust Land Settlement February 5, 1993 These questions are being researched at this time. When answers become available, I will provide them to you. If you have any questions, please do not hesitate to contact me. TJA:jd Attachments as stated. SPATE QE ALM SA) mess commen DEPARTMENT OF NATURAL RESOURCES TITLE ADMINISTRATION 3601 C STREET, SUITE 960 ANCHORAGE, ALASKA 99503 VISION OF LAND Oe oe December 21,1992 RECEIVED DEC 22 1992 Tom Arminski i Alaska Energy Authority 9958 N°" Authority P.O. Box 190869 Anchorage, AK 99519-0869 Dear Tom, Attached is a copy of the third round of Proposed Substitute Land nominations. Please note that this information should be treated as confidential) and is not be be released to the public or other agencies without DNR authorization. Sincerely, Bum Py.n Bruce Phelps, AICP Project Manager Mental Health Settlement Project BP/bj & printed on recycled paper b y op.