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FY2009-21 Restoring Certain Checks And Balances To The Alaska Coastal Management Program (ACMP) That Favor The Meaningful Participation Of Local Communities And Coastal Districts In The Project Review Process1 Introduced by: Rick Gifford, Manager 2 Requested by: Assembly 3 Drafted by: Community 4 Introduced on: Development 03/05/2009 5 Adopted on: 03/05/2009 6 7 8 KODIAK ISLAND BOROUGH 9 RESOLUTION NO. FY2009 -21 10 11 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 12 SUPPORTING THE LEGISLATIVE AMENDMENTS PROPOSED IN HB -74 AND SB -4 13 TO RESTORE CERTAIN CHECKS AND BALANCES TO THE ALASKA COASTAL 14 MANAGEMENT PROGRAM (ACMP) THAT FAVOR THE MEANINGFUL PARTICIPATION OF 15 LOCAL COMMUNITIES AND COASTAL DISTRICTS IN THE PROJECT REVIEW PROCESS 16 17 WHEREAS, the Alaska Coastal Management Act of 1977 created a sixteen member Alaska 18 Coastal Policy Council (CPC) comprised of seven State - agency heads and nine local elected 19 officials whom the governor appointed from a list of names submitted by local officials in each of 20 nine coastal regions defined in the Act; and 21 22 WHEREAS, the CPC, with support of the former Division of Governmental Coordination in the 23 Alaska Governor's Office, was responsible for approving coastal district policies, approving 24 coastal district management plans and hearing appeals from decisions on coastal development 25 projects; and 26 27 WHEREAS, the CPC was omitted from the legislative revision of the Alaska Coastal 28 Management Program in 2003 and the statutory and regulatory changes required the Kodiak 29 Island Borough to rewrite its coastal management plan and enforceable policies; and 30 31 WHEREAS, the resulting KIB Coastal Management Plan cannot have enforceable policies 32 addressing a resource or subject matter that is regulated by another state or federal agency, 33 leaving very little for the Borough to comment on as project comments are likewise restricted to 34 only those matters for which the KIB has enforceable policies; and 35 36 WHEREAS, the Kodiak Island Borough does not regulate environmental factors such as air, 37 water and habitat; however, it would still benefit the KIB to have meaningful and reasonable 38 coastal policies addressing these and other areas of concern as a basis for inter - agency 39 coordination with those state and federal agencies which exercise these authorities; and 40 41 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 42 BOROUGH that the Kodiak Island Borough, concurrently acting as the Kodiak Island Coastal 43 District in this matter, supports the legislative changes proposed in FIB-74 and SB -4, which would 44 restore a Coastal Policy Board (CPB), in lieu of the former CPC, which would provide a more 45 streamlined planning and policy review process than the former CPC and which would provide 46 balance and intellectual independence from the centralized policy, planning and permitting 47 program administered by the Division of Coastal Ocean Management (DCOM) within the Alaska 48 Department of Natural Resources (ADNR); and 49 50 Kodiak Island Borough Resolution No. FY2009 -21 Page 1 of 2 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 BE IT FURTHER RESOLVED that the proposed legislation would: 1) create a CPB consisting of five public members appointed by the governor including one at -large and one member from each of four coastal district regions which are Northwest, Southeast, Upper Cook Inlet and Southwest; and, four commissioners from the departments of environmental conservation, fish and game, natural resources and commerce, community and economic development, which would be responsible for approving coastal grant allocations, coastal district policies, and approving coastal district plans; 2) would restore the ability of coastal districts to adopt meaningful plan policies even if they involve technical environmental issues or resources regulated solely by a state or federal agency as a basis for local dialogue during project reviews and coordination with those same state and federal agencies which are responsible for regulating said environmental factors and resources; and 3) would restore subsistence use of animal and vegetative resources as a use of state concern in the coastal zone; and BE IT FURTHER RESOLVED that these bills would promote economic development by bringing local, state, and federal agencies closer together to ensure early resolution of issues related to a development project. Although the Kodiak Coastal District still has a "seat at the table" with state and federal agencies, the currently approved plan policies do not allow any overlap with the regulations or jurisdiction of said agencies, leave very little for the Kodiak Coastal District to comment on because comments can only flow from the districts adopted policies, thereby discouraging local input into the project review process and the minimizing the agency coordination which is intended to be the hallmark of the coastal project review process. A EST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTH DAY OF MARCH, 2009 -./") 1 No a M. Javier, CMC, borough Clerk KODIAK ISLAND BOROUGH me M. Selby, Borou Kodiak Island Borough Resolution No. FY2009 -21 Page2of2