HomeMy WebLinkAboutRes 1996-03 Bradley Lake Moose Habitat\
ALASKA ENERGY AUTHORITY
RESOLUTION NO. 1996-03
A RESOLUTION OF THE ALASKA ENERGY RELATING TO THE IMPLEMENTATION
OF CERTAIN MOOSE HABITAT MITIGATION OBLIGATIONS RELATED TO THE
BRADLEY LAKE HYDROELECTRIC PROJECT, ESTABLISHING A NONPROFIT
CORPORATION FOR THAT PURPOSE AND TRANSFERRING CERTAIN AUTHORITY
LANDS AND FUNDS TO THE NON PROFIT CORPORATION FOR THAT PURPOSE
WHEREAS, the Alaska Energy Authority ("AEA") is the owner of the Bradley Lake
Hydroelectric Project (the "Project);
WHEREAS, AEA holds a Federal Energy Regulatory Commission ("FERC")
license with respect to the Project;
WHEREAS, as a condition of the FERC license, a mitigation plan was established
to alleviate the impacts of the Project to fisheries, waterfowl, and moose habitats;
WHEREAS, in accordance with the FERC licensing requirements, representatives
of the Alaska Department of Fish and Game ("ADF&G"), the U.S. Fish and Wildlife
Service ("USF&WS"), the Homer Fish and Game Advisory Committee ("Advisory
Committee") and AEA have adopted a moose habitat mitigation agreement which
includes the purchase of habitat lands and the establishment of an endowment to fund
studies on moose habitat and to undertake enhancement or preservation of moose
habitat (the "Plan");
WHEREAS, pursuant to the Plan, AEA has purchased or leased 593 acres of land
adjacent to Fritz Creek and described more fully in Exhibit "A" hereto (the "Moose Habitat
Lands");
WHEREAS, pursuant to AS 44.83.080 the Authority may convey real property
when, in the judgment of the Authority, the action is in furtherance of the Authority's
purposes;
WHEREAS, pursuant to the Plan, AEA is to fund an endowment of $150,000 to
fund research, prepare studies and undertake habitat improvement, and such a sum has
been set aside by the Authority for that purpose;
WHEREAS, pursuant to the Plan, AEA is to make a one-time contribution of
$33,000 to fund the administrative costs including the preparation of annual reports
related to the moose habitat mitigation efforts;
WHEREAS, pursuant to the Plan, a nonprofit corporation (the "Corporation") is to
be created for purposes of implementing the Plan and holding and administering the
Moose Habitat Lands and the endowment funds;
WHEREAS, representatives of ADF&G, USF&WS, the Advisory Committee, and
AEA will manage the Corporation in accordance with the proposed articles of
incorporation and by-laws attached as Exhibit "B"; and
WHEREAS, it is in the best interest of AEA that the Plan be implemented and that
AEA cooperate in the organization of the Corporation, transfer the Moose Habitat Lands
to the Corporation, and endow the Corporation with funds as provided in the Plan.
NOW, THEREFORE, BE IT RESOLVED:
1. The Executive Director of the Authority shall cooperate with ADF&G,
USF&WS, and the Advisory Committee to establish an Alaska nonprofit corporation in
accordance with the Articles of Incorporation and By-laws attached as Exhibit "B" hereto
(the "Corporation").
2. Upon the establishment of the Corporation, the Executive Director is
authorized to take all actions necessary in order to transfer the Moose Habitat Lands to
the Corporation.
3. Upon the establishment of the Corporation, the Executive Director is
authorized to take all actions necessary in order to transfer the sum of $150,000 to the
Corporation as an endowment to fund research, prepare studies, and undertake moose
habitat improvement.
4. Upon the establishment of the Corporation, the Executive Director is
authorized to transfer the sum of $33,000 to the Corporation for the purpose of funding
administrative and other expenses of the Corporation.
5. The Executive Director is authorized to take such actions as may be
necessary or desirable in order to effect this resolution, and implement the Plan.
RESOLUTION NO. 1996·03
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DATED at Anchorage, Alaska this 21st day of May 1996.
(SEAL)
ATTEST
Secretary
RESOLUTION NO. 1996-03
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Chairman
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