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