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SB 198: "An Act establishing the Homer Airport Critical Habitat Area."

00 SENATE BILL NO. 198                                                                                                     
01 "An Act establishing the Homer Airport Critical Habitat Area."                                                          
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 16.20 is amended by adding a new section to read:                                                   
04  Sec. 16.20.630.  HOMER AIRPORT CRITICAL HABITAT AREA                                                                  
05 ESTABLISHED.  (a)  The following described area is established as the Homer                                             
06 Airport Critical Habitat Area:                                                                                          
07   (1)  Tract A:                                                                                                        
08 Township 6 South, Range 13 West, Seward Meridian                                                                    
09  Section 21:  S1/2NE1/4 that portion upland of the                                                                  
10 ordinary high water line of Beluga Lake, comprising 9.3 acres,                                                          
11 more or less;                                                                                                           
12   (2)  Tract B:                                                                                                        
13    Township 6 South, Range 13 West, Seward Meridian                                                                    
14  Section 21:  NE1/4 that portion upland of the ordinary                                                             
01 high water line of Beluga Lake that is encompassed by a                                                                 
02 boundary beginning at the section corner common to Sections                                                             
03 15, 16, 21, and 22, Township 6 South, Range 13 West, Seward                                                             
04 Meridian; thence proceeding South 00 degrees 01 minute 00                                                               
05 seconds East along the section line common to Sections 21 and                                                           
06 22, Township 6 South, Range 13 West, Seward Meridian, to the                                                            
07 point of intersection with a line located 1,520 feet, more or less,                                                     
08 South of and parallel to the northern section line of Section 21,                                                       
09 Township 6 South, Range 13 West, Seward Meridian; thence                                                                
10 along the line located 1,520 feet, more or less, South of and                                                           
11 parallel to the northern section line of Section 21, Township 6                                                         
12 South, Range 13 West, Seward Meridian, to the point of                                                                  
13 intersection with the ordinary high water line of Beluga Lake;                                                          
14 thence in a northwesterly direction along the meanders of the                                                           
15 ordinary high water line of Beluga Lake to the point of                                                                 
16 intersection with the West boundary line of NE1/4, Section 21,                                                          
17 Township 6 South, Range 13 West, Seward Meridian, being                                                                 
18 common to the center quarter line of Section 21, Township 6                                                             
19 South, Range 13 West, Seward Meridian; thence North 00                                                                  
20 degrees 01 minute 00 seconds West along the West boundary                                                               
21 line of NE1/4, Section 21, Township 6 South, Range 13 West,                                                             
22 Seward Meridian, to the point of intersection with the section                                                          
23 line common to Sections 16 and 21, Township 6 South, Range                                                              
24 13 West, Seward Meridian; thence East along the section line                                                            
25 common to Sections 16 and 21, Township 6 South, Range 13                                                                
26 West, Seward Meridian, to the point of beginning; comprising                                                            
27 70.4 acres, more or less;                                                                                               
28   (3)  Tract C:                                                                                                        
29 Township 6 South, Range 13 West, Seward Meridian                                                                    
30  Section 15:  S1/2SW1/4, comprising 80 acres, more or                                                               
31 less;                                                                                                                   
01   (4)  Tract D:                                                                                                        
02     Township 6 South, Range 13 West, Seward Meridian                                                                    
03  Section 22:  NW1/4 that portion northwesterly of a line                                                            
04 parallel to, north of, and 750 feet from the monumented runway                                                          
05 centerline of the Homer Airport, comprising 60 acres, more or                                                           
06 less;                                                                                                                   
07   (5)  Tract E, comprising 74 acres, more or less:                                                                     
08    Township 6 South, Range 13 West, Seward Meridian                                                                    
09  Section 15:  those portions of SW1/4SE1/4 and                                                                      
10 E1/2SE1/4 northwesterly of a line parallel to, north of, and 750                                                        
11 feet from the monumented runway centerline of the Homer                                                                 
12 Airport;                                                                                                                
13  Section 22:  NW1/4NE1/4 that portion northwesterly of                                                              
14 a line parallel to, north of, and 750 feet from the monumented                                                          
15 runway centerline of the Homer Airport;                                                                                 
16   (6)  Tract F:                                                                                                        
17     Township 6 South, Range 13 West, Seward Meridian                                                                    
18  Section 22:  NE1/4NE1/4 that portion of Government                                                                 
19 Lots 5 and 6 southeasterly of a line parallel to, south of, and                                                         
20 850 feet from the monumented runway centerline of the Homer                                                             
21 Airport, comprising 4 acres, more or less;                                                                              
22   (7)  Tract G, comprising 2.7 acres, more or less:                                                                    
23    Township 6 South, Range 13 West, Seward Meridian                                                                    
24  Section 22:  NE1/4NE1/4 that portion of Government                                                                 
25 Lot 9 southeasterly of a line parallel to, south of, and 850 feet                                                       
26 from the monumented runway centerline of the Homer Airport;                                                             
27  Section 22:  NW1/4NE1/4 that portion southeasterly of                                                              
28 a line parallel to, south of, and 850 feet from the monumented                                                          
29 runway centerline of the Homer Airport.                                                                                 
30  (b)  Notwithstanding AS 16.20.500 - 16.20.530, the land in Township 6 South,                                          
31 Range 13 West, Section 21 described in (a) of this section is subject to the following:                                 
01   (1)  the right of unobstructed passage by aircraft over the land;                                                    
02   (2)  the right of aircraft to use the airspace above the land without                                                
03 restrictions on noise, dust, or fumes, other than those imposed under federal and state                                 
04 laws governing air and water quality;                                                                                   
05   (3)  the authority of the Department of Transportation and Public                                                    
06 Facilities to                                                                                                           
07   (A)  prohibit the construction of obstructions and permanent                                                        
08 structures on the land;                                                                                                 
09   (B)  clear the land and keep the land clear, including removal                                                      
10 of trees, brush, soil, berms, hills, irregularities in the topography, stockpiles,                                      
11 rocks, buildings, structures, and other obstructions;                                                                   
12   (C)  prohibit or remove an activity, installation, or object on the                                                 
13 land that                                                                                                               
14   (i)  creates electrical interference with radio                                                                    
15 communication or navigational instruments of aircraft or the Homer                                                      
16 Airport;                                                                                                                
17   (ii)  may enhance bird habitat on or in the vicinity of the                                                        
18 Homer Airport;                                                                                                          
19   (iii)  hinders the ability of pilots to distinguish between                                                        
20 airport lights and other lights;                                                                                        
21   (iv)  results in glare in the eyes of pilots using the Homer                                                       
22 Airport;                                                                                                                
23   (v)  impairs visibility in the vicinity of the Homer                                                               
24 Airport; or                                                                                                             
25   (vi)  endangers the landing, departure, or maneuvering of                                                          
26 aircraft at the Homer Airport;                                                                                          
27   (D)  prohibit development on the land for any purpose, other                                                        
28 than public access across the land;                                                                                     
29   (E)  require                                                                                                        
30   (i)  approval of the Department of Transportation and                                                              
31 Public Facilities for the design and construction of access across the                                                  
01 land;                                                                                                                   
02   (ii)  relocation of access across the land as necessary to                                                         
03 satisfy applicable standards of airport design, safety, and security;                                                   
04   (F)  install navigational aids on the land; and                                                                     
05   (G)  enter upon the land for the purposes of enforcing or                                                           
06 implementing this subsection.                                                                                           
07  (c)  Notwithstanding AS 16.20.500 - 16.20.530, the land in Township 6 South,                                          
08 Range 13 West, Sections 15 and 22 described in (a) of this section is subject to the                                    
09 following:                                                                                                              
10   (1)  the right of unobstructed passage by aircraft over the land;                                                    
11   (2)  the right of aircraft to use the airspace above the land without                                                
12 restrictions on noise, dust, or fumes, other than those imposed under federal and state                                 
13 laws governing air and water quality;                                                                                   
14   (3)  the authority of the Department of Transportation and Public                                                    
15 Facilities to                                                                                                           
16   (A)  prohibit the construction of obstructions and permanent                                                        
17 structures extending above the imaginary surface of the Homer Airport as                                                
18 determined under regulations of the Federal Aviation Administration;                                                    
19   (B)  clear the land and keep the land clear of obstructions                                                         
20 extending above the imaginary surface of the Homer Airport as determined                                                
21 under regulations of the Federal Aviation Administration, including removal of                                          
22 trees, brush, soil, berms, hills, irregularities in the topography, stockpiles, rocks,                                  
23 buildings, structures, and other obstructions;                                                                          
24   (C)  prohibit or remove an activity, installation, or object that                                                   
25   (i)  creates electrical interference with radio                                                                    
26 communication or navigational instruments of aircraft or the Homer                                                      
27 Airport;                                                                                                                
28   (ii)  may enhance bird habitat on or in the vicinity of the                                                        
29 Homer Airport;                                                                                                          
30   (iii)  hinders the ability of pilots to distinguish between                                                        
31 airport lights and other lights;                                                                                        
01   (iv)  results in glare in the eyes of pilots using the Homer                                                       
02 Airport;                                                                                                                
03   (v)  impairs visibility in the vicinity of the Homer                                                               
04 Airport; or                                                                                                             
05   (vi)  endangers the landing, departure, or maneuvering of                                                          
06 aircraft at the Homer Airport;                                                                                          
07   (D)  enter upon the land for the purposes of enforcing or                                                           
08 implementing this subsection.                                                                                           
09  (d)  The Department of Fish and Game shall cooperate with the Department of                                           
10 Transportation and Public Facilities in implementing (b) and (c) of this section.                                       
11  (e)  Neither the Department of Fish and Game nor another person may create,                                           
12 develop, or enhance bird habitat within the Homer Airport Critical Habitat Area.                                        
13  (f)  The state land described in (a) of this section may not be transferred to                                        
14 municipal or private ownership or to another state agency unless covenants or                                           
15 easements in the land, containing provisions substantially similar to (b) and (c) of this                               
16 section, are reserved to the Department of Transportation and Public Facilities for the                                 
17 benefit of the Homer Airport.                                                                                           
18  (g)  The Department of Fish and Game shall establish and appoint an advisory                                          
19 committee to work with the department and advise on the management of the Homer                                         
20 Airport Critical Habitat Area.  The department shall consult with the advisory                                          
21 committee if the department develops a management plan for the critical habitat area.                                   
22 Among appointments to the advisory committee, the department shall include                                              
23   (1)  industry and commercial users and hunters, trappers, fishermen, and                                             
24 recreational users recommended by the City of Homer;                                                                    
25   (2)  an official representing the City of Homer; and                                                                 
26   (3)  a representative of the Department of Transportation and Public                                                 
27 Facilities.