QUESTIONS for the HAINES BOROUGH ASSEMBLY (From Patrick Kelly and Referenced in the Above Email)

Haines Borough Borough Assembly SPECIAL Meeting AGENDA

November 20, 2017 – 6:30 p.m. Location: Assembly Chambers, Public Safety Bldg.

Jan Hill, THIS IS A SPECIAL MEETING FOR THE PURPOSE OF ADDRESSING ONLY THE Mayor FOLLOWING AGENDA ITEMS, AND THE ASSEMBLY MAY TAKE ACTION. NO OTHER Sean Maidy, ISSUES WILL BE CONSIDERED AT THIS MEETING. Assembly Member

Heather Lende, 1. CALL TO ORDER/PLEDGE TO THE FLAG Assembly Member 2. ROLL CALL Stephanie Scott, Assembly Member 3. APPROVAL OF SPECIAL MEETING AGENDA

Tresham Gregg, 4. PUBLIC COMMENTS Assembly Member 5. PUBLIC HEARING Tom Morphet, Assembly Member A. Resolution 17-11-737

Brenda Josephson, A Resolution of the Haines Borough Assembly authorizing participation in the Assembly Member Community Development Block Grant (CDBG) Program.

The borough is considering applying for CDBG funding for a project to provide accessibility upgrades to the Public Safety Building. Executive Assistant Krista Kielsmeier will make a presentation to explain the program and the proposed project. Following that, the public

will be provided an opportunity to testify.

Recommendation: Adopt Resolution 17-11-737.

Debra Schnabel 6. OTHER BUSINESS Borough Manager A. Assembly Comment on University of Alaska (UA) Proposed Chilkat Peninsula Competitive Timber Sale Julie Cozzi, MMC Borough Clerk The UA is currently accepting written comments until 5:00pm, Wednesday, November 22, 2017. The assembly will work together to draft borough comments. Alekka Fullerton Deputy Clerk Note to Public: Citizen comments must be submitted in writing directly to the UA by fax at (907) 786-7733, by email at [email protected] or at the address below: University of Alaska Facilities and Land Management 1815 Bragaw Street, Suite 101 Anchorage, Alaska 99508-3438

B. Manager’s recommended response to DNR re: Land Selections On 11/7, the manager reported the borough received DNR’s Preliminary Decision on the Borough's Municipal Entitlement Selections. This includes a DNR decision that it is “not in the state’s best interest” to transfer to the borough the 316 acres at William Henry Bay. The agenda bill in the meeting packet contains more information. Recommendation: Authorize the manager to employ a land attorney to advise the borough on challenging the state’s preliminary decision to withhold William Henry Bay selection.

7. ADJOURNMENT

Haines Borough, Alaska Page 1 Agenda – November 20, 2017

5A Haines Borough Assembly Agenda Bill Agenda Bill No.: 17-797 Assembly Meeting Date: 11/20/17 Special Business Item Description: Attachments: Subject: Authorize Participation in the Community 1. Resolution 17-11-737 2. Accessibility Upgrades Cost Estimate (MRV Architects) Development Block Grant (CDBG) Program 3. CDBG Public Hearing Procedure Originator: 4. List of Recent CDBG Recipients in Alaska Director of Public Facilities Originating Department: Public Facilities Date Submitted: 11/17/17

Full Title/Motion: Motion: Adopt Resolution 17-11-737

Administrative Recommendation:

Fiscal Impact: Projected Impact to Future Expenditure Required Amount Budgeted Appropriation Required Operating Budgets $$$000 N/A

Comprehensive Plan Consistency Review: Comp Plan Goals/Objectives: Objective 16D, page 267-268 Consistent: Yes No

Summary Statement: The Haines Borough seeks to apply for a grant in the amount of $522,516 (including administrative costs) from the Alaska Department of Commerce, Community, and Economic Development under the Community Development Block Grant (CDBG) Program for Public Safety Building accessibility upgrades. The Borough would apply under “limited clientele” activity, which includes the removal of material and architectural barriers in conjunction with a renovation project on a publicly-owned facility. The proposed Public Safety Building Exterior Upgrades project is eligible to be used as match for the CDBG grant. The CDBG program recommends a minimum 25 percent match of the “total project cost” be provided from non-CDBG sources. The “total project cost” includes the CDBG request, cash match and in-kind contributions. An estimated total project cost will be presented at the special meeting. Note: CDBG application materials and rules can be viewed at: https://www.commerce.alaska.gov/web/dcra/grantssection/communitydevelopmentblockgrants.aspx

Referral: Referred to: Referral Date: Recommendation: Meeting Date:

Assembly Action: Meeting Date(s): 11/20/17 Special Public Hearing Date(s): Postponed to Date:

HAINES BOROUGH, ALASKA RESOLUTION No. 17-11-737 Draft

A Resolution of the Haines Borough Assembly authorizing participation in the Community Development Block Grant (CDBG) 7 Program.

WHEREAS, the Haines Borough Assembly wishes to provide Public Safety Building accessibility upgrades for use in the community; and

WHEREAS, this entity is an applicant for a grant in the amount of $522,516 (including administrative costs) from the Alaska Department of Commerce, Community, and Economic Development under the Community Development Block Grant (CDBG) Program,

NOW, THEREFORE, BE IT RESOLVED that the Haines Borough Assembly, Haines, Alaska: Section 1. Authorizes the Borough Manager to negotiate and execute any and all documents required for granting and managing funds on behalf of this organization. Section 2. Authorizes the Borough Manager to execute subsequent amendments to said grant agreement to provide for adjustments to the project within the scope of services or tasks, based upon the needs of the project. Section 3. Resolves to commit funds for a minimum 25 percent match if the project receives CDBG funding, as recommended in the CDBG application handbook.

Adopted by a duly-constituted quorum of the Haines Borough Assembly on this _____ day of ______, 2017.

______Janice Hill, Mayor

Attest:

______Krista Kielsmeier, Executive Assistant

MRV ARCHITECTS 1420 GLACIER AVENUE, JUNEAU, AK 99801 (907) 586-1371

Project: Haines Public Safety Building Re: Conceptual Cost Estimate for Community Grant To: Brad Ryan, Director of Public Facilities By: Corey Wall Date: November 13, 2017 MRV 1726

Please find attached a conceptual drawings for ADA improvements to the Haines Public Safety Building. The work includes:  New accessible stairs and ramp at both the Police and Assembly entrances.  Revised single-fixture RRs in the Police Dept. for staff use.  New single-fixture RRs at the Assembly entrance for public use.

We have developed the attached construction cost estimate to assist you with the grant application. Note that the costs have been developed by the architect and should be considered conceptual in nature. Anticipated bid date is spring 2018. Total construction cost is estimated at $497,635.

Haines Public Safety Building Community Grant Conceptual Cost Estimate 11/13/2017

SF $/SF Demo Remove 108 sf concrete stairs and ramp at police entry 108 $15.00 $1,620.00 Remove 120 sf framed canopy at police entry 120 $10.00 $1,200.00 Remove 230 sf interior framing and finished at police RRs 230 $10.00 $2,300.00 Remove 160 sf concrete ramp at assembly exit 160 $15.00 $2,400.00 Remove 160 sf canopy at assembly exit 160 $10.00 $1,600.00 Remove 60 sf framing at assembly entrance 60 $10.00 $600.00 Remove 924 sf asphalt 924 $5.00 $4,620.00 SUBTOTAL DEMO $14,340.00

New Construction 140 sf concrete stairs and ramp at police entry 140 $35.00 $4,900.00 120 sf framed canopy at police entry 120 $160.00 $19,200.00 230 sf interior construction at police RRs 230 $350.00 $80,500.00 40 sf of concrete stairs at assembly exit 40 $35.00 $1,400.00 60 sf canopy at assembly exit 60 $160.00 $9,600.00 320sf new construction at assembly RRs/entrance 320 $450.00 $144,000.00 220 sf interior finishes at assembly lobby 220 $30.00 $6,600.00 264 sf canopy at assembly entrance 264 $150.00 $39,600.00 175 sf concrete stairs and ramp at assembly entrance 175 $35.00 $6,125.00 285 sf concrete walkway 285 $35.00 $9,975.00 SUBTOTAL NEW $321,900.00

SUBTOTALS $336,240.00 General Requirements (38%) $127,771.20 Estimator's Contingency (10%) $33,624.00

TOTAL $497,635.20 F A TS O L N TE AS N A K IO T TA S 49 TH 1 2 3 4 5 6

R E PAUL VOELCKERS T G C R CONSTRUC E I T S No. 6536-A I T O LIMINARY DOCUME H EE C R R R ED A P PR AL NOT F OFESSION 20' - 0" 12' - 0" 24' - 0" 24' - 0" 24' - 0"

10' - 0" 16' - 0"

16' - 0"

B MRV ARCHITECTS 1420 GLACIER AVE. #101 JUNEAU, AK 99801 907-586-1371 FAX 907-463-5544 19' - 0" [email protected] 1726 C

14' - 0"

19' - 0" 1 A1.3A2.3

DN UP E

12' - 0" UP Conceptual Drawings Conceptual

F UP Exterior Upgrade 6' - 7" 48"

12' - 4"

G Building Safety Haines Public

UP 15' - 8"

No. Description Date

H DN 8' - 0" SHEET TITLE: J Overall Plan 11' - 1 1/2" 7' - 1 1/4" UP 8' - 6"

11/13/2017 7' - 6" 7' - 8" DATE:

DRAWN: Author 1 G:\projects\2017\1726Public Safety Haines Building Exterior\REVIT\Haines Municipal.rvt A2.2 CHECKED: PV

: SHEET NO.

Floor 1

7 1 1 1/8" = 1'-0"

/ NOTE: 11"x 17" PRINT IS HALF SIZE

1 A1.1

1 F A TS O L N TE AS N A K IO T TA S 49 TH

R E PAUL VOELCKERS T G C R CONSTRUC E I T S No. 6536-A I T O LIMINARY DOCUME H EE C R R R ED A P PR AL NOT F OFESSION

MRV ARCHITECTS 2 3 4 1420 GLACIER AVE. #101 JUNEAU, AK 99801 907-586-1371 FAX 907-463-5544 [email protected] 1726

Holding 11

Assembly 12

Lobby Conceptual Drawings Conceptual 8 DEMO FRAMING AND DOOR DEMO WINDOW AND WALL AS REQ'D FOR NEW WINDOW Exterior Upgrade Haines Public Safety Building Safety Haines Public

J No. Description Date

DEMO STAIRS AND HANDRAIL

SHEET TITLE: Enlarged Plan - Assembly Demo

DATE: 11/13/2017

DRAWN: CW

G:\projects\2017\1726Public Safety Haines Building Exterior\REVIT\Haines Municipal.rvt CHECKED: PV

SHEET NO. Floor 1 - Enlarged Assembly Demo 1 1/2" = 1'-0" 017 4:41:59017 PM NOTE: 11"x 17" PRINT IS HALF SIZE A1.2 11/13/2 F A TS O L N TE AS N A K IO 5 6 T TA S 49 TH

R E PAUL VOELCKERS T G C R CONSTRUC E I T S No. 6536-A I T O LIMINARY DOCUME H EE C R R R ED A P PR AL NOT F OFESSION

E MRV ARCHITECTS 1420 GLACIER AVE. #101 JUNEAU, AK 99801 907-586-1371 FAX 907-463-5544 [email protected]

DEMO CANOPY, RAMP AND STAIRS 1726

F Conceptual Drawings Conceptual Exterior Upgrade Haines Public Safety Building Safety Haines Public

No. Description Date

G SHEET TITLE: Enlarged Plan - Police Demo

DATE: 11/13/2017

DRAWN: Author

G:\projects\2017\1726Public Safety Haines Building Exterior\REVIT\Haines Municipal.rvt CHECKED: PV

SHEET NO. Floor 1 - Enlarged Police Demo 1 1/2" = 1'-0" 017 4:41:59017 PM NOTE: 11"x 17" PRINT IS HALF SIZE A1.3 11/13/2 F A TS O L N TE AS N A K IO T TA S 49 TH

R E PAUL VOELCKERS T G C R CONSTRUC E I T S No. 6536-A I T O LIMINARY DOCUME H EE C R R R ED A P PR AL NOT F OFESSION

2 3 4

MRV ARCHITECTS UP 1420 GLACIER AVE. #101 JUNEAU, AK 99801 907-586-1371 Holding FAX 907-463-5544 11 [email protected] 1726 Assembly 12

Lobby 8

RAMP UP

DN Vestibule 7

DF Drawings Conceptual Exterior Upgrade J Haines Public Safety Building Safety Haines Public

Men Women UP 10 9 CANOPY ABOVE No. Description Date

SHEET TITLE: Enlarged Plan - Assembly

DATE: 11/13/2017

DRAWN: Author

G:\projects\2017\1726Public Safety Haines Building Exterior\REVIT\Haines Municipal.rvt CHECKED: PV

SHEET NO. Floor 1 - Enlarged Assembly 1 1/2" = 1'-0" 017 4:42:00017 PM NOTE: 11"x 17" PRINT IS HALF SIZE A2.2 11/13/2 F A TS O L N TE AS N A K IO T TA S 5 6 49 TH

R E PAUL VOELCKERS T G C R CONSTRUC E I T S No. 6536-A I T O LIMINARY DOCUME H EE C R R R ED A P PR AL NOT F OFESSION

E MRV ARCHITECTS 1420 GLACIER AVE. #101 JUNEAU, AK 99801 907-586-1371 FAX 907-463-5544 [email protected] 1726

Men UP 5

2X4 FURRED WALL

RECONSTRUCTED CANOPY, RAMP AND STAIRS Hallway Dispatch 3 4

Women 6 Conceptual Drawings Conceptual Exterior Upgrade VESTIBULE TOO NARROW BY 1". DEMOLISH AND RECONSTRUCT?

Vestibule Building Safety Haines Public 1

DIFFICULT TO HAVE DOOR IN HALLWAY 2 AND MEET ADA. No. Description Date OK TO ELIMINATE? Hallway 2

G SHEET TITLE: Enlarged Plan - Police

DATE: 11/13/2017

DRAWN: Author

G:\projects\2017\1726Public Safety Haines Building Exterior\REVIT\Haines Municipal.rvt CHECKED: PV

SHEET NO. Floor 1 - Enlarged Police 1 1/2" = 1'-0" 017 4:42:00017 PM NOTE: 11"x 17" PRINT IS HALF SIZE A2.3 11/13/2 Public Meeting Planning: • What projects does your community need and want? • Which projects can you successfully implement? • Hold informal meetings with community groups • Survey the community for additional input • Record this process!

Preparing: • Formal meeting must be held by City /Borough • You must provide reasonable notice • Time and location must be convenient • Accommodate the handicapped • Meet needs of non-English speakers

Holding the Meeting: • Provide sign-in sheet • Explain CDBG program and funding categories • Describe proposed and preferred projects • Accept comments and alternative proposals • Approve submission of CDBG application • Keep detailed minutes List of CDBG Projects

FFY Grantee Project Amount Type 2016 City of Eek Electric System Improvements $696,900.00 CD City of Hughes Electrical 3-Phase Conversion $207,000.00 CD City of North Pole Santa's Senior Center Remodel Project $718,093.00 CD City of Saxman Saxman Seaport Public Marina Improvements $793,105.00 CD

2015 City of Chignik Access Trail Design/Engineering to Hydroelectric Dam Site $135,000.00 CD City of Fairbanks Bjerremark Subdivision Revitalization Phase I $850,000.00 CD City of Kake New Boat Launch and Floating Ramp $755,000.00 CD Kenai Peninsula Borough Aspen Avenue Paving Project - Ninilchik $118,300.00 CD City of Mountain Village Wind Energy Upgrade: Phase I Design $427,975.00 CD City of Newhalen Burn Unit Replacement $48,200.00 CD

2014 Aleutians East Borough Nelson Lagoon Erosion Project$ 225,000.00 CD Allakaket Allakaket Health Clinic Construction$ 850,000.00 CD Ekwok Landfill Access Road$ 850,000.00 CD Lake & Peninsula Borough Igiugig Bulk Fuel Repair$ 850,000.00 CD Saint Mary's Upgrade Community Hall$ 450,000.00 CD City of Saxman Edwin Dewitt Carving Expansion Project$ 564,565.00 CD

2013 City of Aleknagik Public Safety & Heavy Equipment Building Design$ 150,000.00 CD City of Coffman Cove Harbor Ramp Replacement$ 609,791.00 CD City of Eek Solid Waste Facility Construction$ 400,876.00 CD City of Mekoryuk Fire Safety Building Design$ 130,000.00 CD City of Pilot Point Acquisition of New/Used Fire Tanker Vehicle$ 172,500.00 CD City of Pilot Station Design Engineering Landfill for Pilot Station$ 84,725.00 CD City of Scammon Bay Community Hall$ 198,437.00 CD City of Stebbins Stebbins-St. Michael Intertie$ 850,000.00 CD City of Unalakleet Architectural/Engineering Design Assisted Living Facility$ 120,000.00 CD

2012 City of Chignik Design & Engineering for Expansion of Public Boat Harbor$ 303,000.00 CD City of False Pass Generator Replacement$ 142,500.00 CD Kenai Peninsula Borough Fox River, Kachemak-Selo K-12 Educational Specification Feasibility Plan $ 154,000.00 PL Replacement of two generators that provide power to the Village of Chignik Lake & Peninsula Borough Lake $ 212,191.00 CD City of Port Lions Water Reservoir Improvements$ 114,443.00 CD City & Borough of Wrangell Sewer Pumps Replacement$ 470,884.00 CD

2011 City of Akiak Electrical Distribution System Upgrade$ 745,082.00 CD City of Fairbanks Emergency Youth Shelter Renovations$ 720,000.00 CD City of Hoonah Multi-Services Facility Design & Permitting$ 450,000.00 CD City of Huslia Multipurpose Building Design$ 90,000.00 CD City of North Pole Senior Center Kitchen Upgrade$ 103,013.00 CD Northwest Arctic Borough Community Profile Mapping$ 80,000.00 PL City of Pilot Point Bulkhead Wing Wall Restoration$ 256,000.00 CD

2010 City of Akutan Replacement of Secondary Electrical Distribution System$ 285,602.00 CD Aleutians East Borough False Pass Boat Harbor Utility$ 400,000.00 CD City of Coffman Cove Health Clinic Construction$ 239,697.00 CD City of Eek Solid Waste Facility Design$ 314,685.00 CD City of Old Harbor Design and Permitting of Old Harbor Hydroelectric Project$ 250,000.00 CD City of White Mountain Public Safety Building$ 850,000.00 CD From: Debra Schnabel 6A Sent: Wednesday, November 15, 2017 6:26 PM To: [email protected]; Heather Lende ; Tresham Gregg ; Tom Morphet ; Brenda Josephson ; Sean Maidy Cc: Julie Cozzi ; Jan Hill Subject: Comments to University

The Mayor and I have discussed the efficacy of the Manager developing draft comments to the University re: the proposed timber sale. We concluded that doing so will most probably not be representative of the Assembly, as the meeting with Patrick Kelly did not end conclusively.

Additionally, we have consulted with Attorney Brooks Chandler who cautions the Assembly against developing comments that sound “positional” because IF the University applies to the Planning Commission for a conditional use permit for resource extraction and then appeals a decision, the Assembly will be hearing that appeal.

We still recommend that the Assembly comment, and the approach that we recommend is this: Each Assembly member come to the meeting on Monday with a prepared (preferably, written) statement that describes how you would like the Borough to comment to the University at this point in the development of the project (knowing the HBC to the extent it addresses resource extraction and land development in the MBRR zone, the University’s policies, the published offer, and our personal meeting with Mr. Kelly). At our meeting on Monday each of you will present your thoughts and together you will determine whether the Borough can present a cohesive comment or comments to the university. From that meeting, I can draft a letter for submission to the University by November 22 if that is your directive.

To begin, you might try to answer the two questions that Patrick posed to the Assembly. I don’t have them handy, but they were included in the email I sent with Patrick’s responses to our written questions.

I appreciate your participation in developing the Assembly’s comments.

Thanks.

Debra

QUESTIONS FOR THE HAINES BOROUGH ASSEMBLY (from Patrick Kelly and referenced in the above email)

1. What are the borough’s concerns regarding a timber harvest on UA Trust Property? Neither the assembly or planning commission has provided any such information to the UA or TLO. (“TLO” refers to Trust Lands Office)

2. What is the framework to work collaboratively to resolve the conflict between the MBRR code and UA’s fiduciary trust obligations on Trust Property?

6B Haines Borough Assembly Agenda Bill Agenda Bill No.: 17-796 Assembly Meeting Date: 11/20/17 Special Business Item Description: Attachments: Subject: Municipal Entitlement Selections 1. DNR Preliminary Decision (pages 1-3) [Full document here: http://dnr.alaska.gov/mlw/muni/] Preliminary Decision (ADL 108105) Originator: 2. Public Notice Inviting Public Comment Borough Manager 3. Maps Originating Department: 4. Resolution 11-06-285 (adopted 6/28/11) Administration Date Submitted: 11/15/17

Full Title/Motion: Motion: Authorize the manager to employ a land attorney to reverse the state's decision to withhold William Henry Bay selection.

Administrative Recommendation:

Fiscal Impact: Projected Impact to Future Expenditure Required Amount Budgeted Appropriation Required Operating Budgets $$$ TBD

Comprehensive Plan Consistency Review: Comp Plan Goals/Objectives: Pages 31, 147 and 151 Consistent: Yes No

Summary Statement: On 11/7, the manager reported the borough received Preliminary Decision on the Borough's Municipal Entitlement Selections.

Three parcels [Katzihin River, Chilkat Inlet North and South] are being withheld or postponed due to the lack of title transfer from the federal to state government. Two pieces [William Henry Bay (316 acres) and Western Excursion Inlet (215 acres)] are deemed "not in the state's best interest" to transfer to the borough. Western Excursion Inlet is pending title as a Native Allotment in the name of Jessie Gray. DNR is recommending transfer of four parcels totaling 2090 acres to the borough, however, one selection, Uplands Adjacent to Lynn Islands, totaling 1419 is dependent on amendment to a state plan to remove the land as a marine state park.

Referral: Referred to: Referral Date: Recommendation: Meeting Date:

Assembly Action: Meeting Date(s): 11/28/17 Public Hearing Date(s): Postponed to Date: ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF MINING, LAND AND WATER MUNICIPAL ENTITLEMENTS

PRELIMINARY DECISION CONVEYANCE OF STATE LAND UNDER AS 29.65.010 AND AMENDMENT TO THE NORTHERN SOUTHEAST AREA PLAN

HAINES BOROUGH MUNICIPAL LAND ENTITLEMENT SELECTIONS ADL 108105

I. PROPOSED ACTION

The Alaska Department of Natural Resources (DNR), Division of Mining Land and Water (DMLW) proposes to convey in part, reject in part, and postpone in part, lands selected by the Haines Borough (borough) in partial fulfillment of their general grant land entitlement under AS 29.65.010(a)(15).

The borough has selected nine parcels for conveyance, as identified in Table 1, below. The nine parcels are located in four geographical areas identified as: Katzehin River, Chilkoot Inlet North, East Lynn Canal & South East Lynn Canal (MAP 1), William Henry Bay (MAP 2), Lynn Islands (MAP 3) and Northeastern, Western, South & Central Excursion Inlet (Map 4). Each of these areas are management units in the Northern Southeast Area Plan1 (NSEAP).

TABLE 1: PARCELS SELECTED BY THE HAINES BOROUGH Parcel No. Map No. Name NSEAP Management Unit 1 1 Katzehin River, Lynn Canal H-20 2 2 William Henry Bay H-28 3 3 Uplands Adjacent to Lynn Islands H-30 4 4 Northeastern Excursion Inlet H-33 5 4 Western Excursion Inlet H-34 6 4 Central Excursion Inlet H-35 7 4 South Excursion Inlet H-36 8 1 Chilkoot Inlet North East Lynn Canal H-40 9 1 Chilkoot Inlet South East Lynn Canal H-41

1 The Northern South East Area Plan (NSEAP) adopted October 2002 determines the management intent, land-use designations, and management guidelines that apply to all state lands in the applicable planning area. This plan forms the basis for the land use classifications that constitute vacant, unappropriated, unreserved land for purposes of determining the eligibility of state land for potential conveyance to a municipality under AS 29.65. Haines Borough Preliminary Decision, ADL 108105 Page 2 of 26

DMLW proposes to convey approximately 2,091 acres of state owned vacant, unappropriated, unreserved (VUU)2 general grant land located in parcels 3, 4, 6 and 7 from the above selections. Regarding these four parcels, DMLW has determined that there are no over-riding state interests that merit retaining these selections in state ownership.

DMLW proposes to reject the conveyance of the remaining two parcels: Parcel 2 – William Henry Bay finding it is not in the State’s best interest, and Parcel 5 – Western Excursion Inlet, due to the current land status.

DMLW proposes to postpone action on three borough selections, Parcels 1, 8 and 9. These parcels are affected by Public Land Order (PLO) 5603, which requires that the United States retain the land in federal ownership. Although Parcels 1, 8 and 9 were state selected, the state selections cannot attach because the land is withdrawn under PLO 5603. Until such time as PLO 5603 is lifted and DNR’s selection falls into place, Parcels 1, 8 and 9 are not state owned or available for selection.

Other actions associated with this decision include:

• Amendment to the NSEAP to reflect that a State Marine Park is no longer recommended at the uplands adjacent to Lynn Islands selection (Parcel 3) and that retention of this management unit in state ownership, as currently stated in the NSEAP, is no longer required. The Haines Borough did not select the island located in Section 11 (Lot 1) in this management unit as part of its municipal entitlement selections, therefore the island is not part of this decision. An Area Plan Amendment accompanies this decision. In the event that this revision to the area plan is not approved, this selection cannot be conveyed to the borough.

The public is invited to comment on this Preliminary Decision (PD). The deadline for comments is November 30, 2017. Refer to final page of this decision under the heading PUBLIC NOTICE, DECISION AND APPEAL PROCEDURES for details on how to submit comments.

II. AUTHORITY

The proposed actions in this PD are authorized pursuant to Alaska Statute (AS) and Alaska Administrative Code (AAC), particularly AS 29.65, AS 38.05.035(e), AS 38.05.125, AS 38.05.127, AS 19.10.010 and 11 AAC 55.

III. ADMINISTRATIVE RECORD

The administrative record for this PD consists of case file ADL 108105, the Northern Southeast Area Plan (NSEAP) adopted October 2002, the Alaska Department of Fish and Game (ADFG) Alaska Anadromous Waters Catalog & Atlas to the Catalog, Alaska Department of Environmental Conservation (ADEC) Contaminated Sites database, and the Alaska Southeast Transportation Plan.

2 Vacant, unappropriated, unreserved (VUU) land is general grant land patented or tentatively approved to the state from the United States, excluding minerals as required by 6(i) of the Alaska Statehood Act, and is conveyable under the Municipal Entitlement Act (AS 29.65).

Haines Borough Preliminary Decision, ADL 108105 Page 3 of 26

IV. SCOPE OF DECISION

The scope of this DMLW review is limited to a determination of whether it is found appropriate to convey the nine borough land selections to the Haines Borough (see Table 1, supra). This determination includes a determination of third party interests, stipulations necessary to effectuate this decision, and an evaluation of whether the public interest in retaining state ownership of the land outweighs the borough’s interest in obtaining the selected lands as provided in AS 29.65.050. In this decision DMLW will also determine whether the Haines Borough’s municipal entitlement land selections meet the requirements under AS 29.65.070(c), and whether it is appropriate to allow the Haines Borough to exercise immediate management authority for conditional sales and leases.

V. DESCRIPTION

A. Location and Geographical Features The Haines Borough extends from the Canadian Border in the north (including the Chilkat Valley), south along Lynn Canal to and including the tip of Point Couverden, and then extending northwesterly to include Excursion Inlet. This region of Southeast Alaska is located in a maritime climate zone with cool to moderate temperatures (estimated annual average between 35-48 degrees) and high amounts of precipitation in the coastal mountains (estimated annual average 60 inches). Generally, the topography extends from tidelands to steep mountainous terrain and glaciers. The borough selections encompass anadromous rivers and streams, floodplains and estuarine areas. Along Excursion Inlet there are several areas of settlement where state subdivisions have occurred. Parcels along Lynn Canal are similarly scattered, consisting of several state marine parks (SMP) occupying islands, portions of uplands along Lynn Canal (St. James Bay SMP), and the Chilkat Peninsula south of the community of Haines.

Borough/Municipality: Haines Borough Meridian: Copper River (C) Regional Native Corp.: Sealaska Corporation Native Village Corp.: Klukwan, Inc. Tribes: Chilkoot Indian Association of Haines Chilkat Indian Village of Klukwan USGS Map Coverage: Skagway Quadrangle (1:250,000) Juneau Quadrangle (1:250,000)

MAP # Municipal Entitlement Selection Name USGS Katzehin River (Parcel 1), Chilkoot Inlet North East Lynn Canal 1 Skagway A-1 (Parcel 8) & South East Lynn Canal (Parcel 9) 2 William Henry Bay (Parcel 2) Juneau C-4 3 Uplands Adjacent to Lynn Islands (Parcel 3) Juneau B-4 & C-4 Excursion Inlet Northeastern (Parcel 4), Western (Parcel 5), 4 Juneau B-5 Central (Parcel 6), & South (Parcel 7)

C029S057E C030S060E C030S061E C031S064E C030S059E C031S063E C030S058E C031S062E C031S061E C032S065E C030S057E C032S064E Vicinity Map C031S060E C030S056E KATZEHIN RIVER & CHILKOOCT0 3IN2SL0E63TE Haines Borough Selections C031S059E C032S062E ADL 108105 C031S058E C032S061E C033S065E C033S066E C033S067E C031S057E C032S060E C033S064E Haines Borough Boundary C031S056E C032S059E C033S063E C034S066E Haines Borough C032S058E C033S062E Municipal Entitlement C034S065E C032S057E C033S061E Approved C034S064E C032S056E C033S060E Conveyed C034S063E C033S059E C035S066E C034S062E Haines Selections C033S058E C035S065E C034S061E C033S057E C035S064E Other Land Status C034S060E State TA or Patented C035S063E C034S059E C036S066E C033S056E C035S062E Federal C034S058E C036S065E C035S061E Mental Health Trust C034S057E C036S064E C035S060E Private C034S056E C036S063E L C035S059E y n Native Allotment WILLIAM HENRY BAY n C036S062E C037S066E C035S058E C C036S061E a C037S065E n C035S057E a C036S060E l C037S064E C035S056E C038S066E Haines Borough C036S059E C037S063E Boundary C035S055E C036S058E C037S062E C038S065E C036S057E C037S061E C038S064E C036S056E C037S060E C038S063E C036S055E C037S059E C039S066E C038S062E C037S058E C039S065E C038S061E C037S057E LYNN SISTERS C039S064E C038S060E C040S066E Alaska C037S056E C039S063E Department of Natural Resources C038S059E Division of Mining, Land & Water C039S062E C037S055E Resource Assessment & Development Section C038S058E C040S065E Municipal Entitlement Unit C039S061E C038S057E C040S064E C039S060E C038S056E C040S063E C039S059E EXCURSION INLET Revised: C038S055E 4/20/2017 C040S062E C041S066E C039S058E C040S061E C039S057E C041S065E NAD 83 C040S060E C039S056E C041S064E 1:489,276 C040S059E C041S063E ³ C039S055E C040S058E C041S062E C042S066E This map is for graphic representation only. It is intended to be used as a guiden only and may not show the exact 0 3.75 7.5 15 22.5 30 location of existing surveyed parcels of show all easements Miles and reservations. Source documents remain the official record. Preliminary Decision October 2017 MAP 2 Haines Borough Selections 17 16 15 14 ADL 108105

Parcel 2 - William Henry Bay T. 036S, R. 061E, CRM

Haines Borough Municipal Entitlement Proposed Rejection 23 20 21 22 Lance Point Other Land Status State TA or Patented

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Parcel 2 Haines Borough Boundary

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H Alaska m Department of Natural Resources a i l Division of Mining, Land & Water l i Resource Assessment & Development Section

W Municipal Entitlement Unit

Revised: 10/11/2017

34 35 32 33 NAD 83 1:25,000 ³

This map is for graphic representation only. It is intended to be used as a guiden only and may not show the exact 0 0.175 0.35 0.7 1.05 1.4 location of existing surveyed parcels of show all easements Miles and reservations. Source documents remain the official record. Katzehin River Lynn Canal Parcel H-20 Chilkoot Inlet - North, E. Lynn Canal Parcel - H-40 Chilkoot Inlet - South, Lynn Canal - H-41

William Henry Bay H-28

Lynn Sisters H-30

Excursion Inlet H-33-36 HAINES BOROUGH RESOLUTION No. 11-06-285 ADOPTED

A Resolution of the Haines Borough Assembly formally requesting State of Alaska adjudication of lands to the Haines Borough, as provided by HB273, and requesting elevation of certain other parcels to a higher priority under the BlM National Forest Grant program for adjudication to the State of Alaska.

Whereas, Alaska Statutes (AS) 20.65.010, determination of land entitlement of boroughs and unified municipalities, states that qualifying municipalities are eligible to receive 10 percent of Vacant, Unincorporated, and Unreserved (VUU) Lands within the boundaries of the municipality; and

Whereas, the Alaska Department of Natural Resources (ADNR) classified 83,124 acres as VUU within the Haines Borough in the Northern Southeast Area Plan (2002); and

Whereas, much of the State of Alaska lands within the Haines Borough was placed into various reserve classifications, such as State Forest, State Parks, Chilkat Bald Eagle Preserve, University of Alaska, Mental Health and resource development and other management designations, by the state years ago; and

Whereas, because of these state land classifications, the former Third Class Borough in Haines had received the smallest entitlement through the general land grant program (2,800 acres) of any borough in Alaska; and

Whereas, this deficiency has long been recognized by the Haines community as a severe constraint on the Borough's ability to address long-term recreational, residential, and economic development, as well as protection of important watersheds and drinking water sources; and

Whereas, in 2010, legislation in the form of House Bill 273 was enacted, which identified an additional 3,167 acres of lands eligible for selection by the Haines Borough; and

Whereas, discussions with the ADNR identified the parcels as shown on the attached maps identified as Parcels H-20, H28, H-30, H-33-36, H-40, and H-41 as potentially eligible for selection; and

Whereas, the Borough must formally request adjudication of the lands from the State of Alaska as part of its municipal entitlement pursuant to HB273; and

Whereas, Parcels H-20, H-40 and H-41 were selected by the State of Alaska under the BLM National Forest Grant program for adjudication to the state, with H-20 classified by the state as priority "2" and both H-40 and H-41 as "7" for conveyance scheduling purposes,

Therefore, be it resolved that the Haines Borough Assembly formally requests that the State of Alaska adjudicate lands to the Haines Borough under the authority of AS 29.65.010 and as provided by HB273,

And be it further resolved that the Haines Borough Assembly requests that the ADNR elevate the priority of Parcels H-40 and H-41 from Priority 7 to Priority 2 under the BLM National Forest Grant program for adjudication of those parcels to the State of Alaska. Haines Borough Resolution No. 11-06-285 Page 2 of 2

Adopted by a duly-constituted quorum of the Haines Borough Assembly on the 28TH day of JUNE, 2011.

Attest:

Clerk