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HCS CSSB 198(RES): "An Act establishing the Homer Airport Critical Habitat Area."

00 HOUSE CS FOR CS 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 S1/2NE1/4NW1/4 upland                                                             
14 of the ordinary high water line of Beluga Lake, comprising 9.3                                                          
01 acres, 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  (b)  Notwithstanding AS 16.20.500 - 16.20.530, the land in Township 6 South,                                          
21 Range 13 West, Section 21 described in (a) of this section is subject to the following:                                 
22   (1)  the right of unobstructed passage by aircraft over the land;                                                    
23   (2)  the right of aircraft to use the airspace above the land without                                                
24 restrictions on noise, dust, or fumes, other than those imposed under federal and state                                 
25 laws governing air and water quality;                                                                                   
26   (3)  the authority of the Department of Transportation and Public                                                    
27 Facilities to                                                                                                           
28   (A)  prohibit the construction of obstructions and permanent                                                        
29 structures on the land;                                                                                                 
30   (B)  clear the land and keep the land clear, including removal                                                      
31 of trees, brush, soil, berms, hills, irregularities in the topography, stockpiles,                                      
01 rocks, buildings, structures, and other obstructions;                                                                   
02   (C)  prohibit or remove an activity, installation, or object on the                                                 
03 land that                                                                                                               
04   (i)  creates electrical interference with radio                                                                    
05 communication or navigational instruments of aircraft or the Homer                                                      
06 Airport;                                                                                                                
07   (ii)  may enhance bird habitat on or in the vicinity of the                                                        
08 Homer Airport;                                                                                                          
09   (iii)  hinders the ability of pilots to distinguish between                                                        
10 airport lights and other lights;                                                                                        
11   (iv)  results in glare in the eyes of pilots using the Homer                                                       
12 Airport;                                                                                                                
13   (v)  impairs visibility in the vicinity of the Homer                                                               
14 Airport; or                                                                                                             
15   (vi)  endangers the landing, departure, or maneuvering of                                                          
16 aircraft at the Homer Airport;                                                                                          
17   (D)  prohibit development on the land for any purpose, other                                                        
18 than public access across the land;                                                                                     
19   (E)  require                                                                                                        
20   (i)  approval of the Department of Transportation and                                                              
21 Public Facilities for the design and construction of access across the                                                  
22 land;                                                                                                                   
23   (ii)  relocation of access across the land as necessary to                                                         
24 satisfy applicable standards of airport design, safety, and security;                                                   
25   (F)  install navigational aids on the land; and                                                                     
26   (G)  enter upon the land for the purpose of enforcing or                                                            
27 implementing this subsection.                                                                                           
28  (c)  Notwithstanding AS 16.20.500 - 16.20.530, the land in Township 6 South,                                          
29 Range 13 West, Sections 15 and 22 described in (a) of this section is subject to the                                    
30 following:                                                                                                              
31   (1)  the right of unobstructed passage by aircraft over the land;                                                    
01   (2)  the right of aircraft to use the airspace above the land without                                                
02 restrictions on noise, dust, or fumes, other than those imposed under federal and state                                 
03 laws governing air and water quality;                                                                                   
04   (3)  the authority of the Department of Transportation and Public                                                    
05 Facilities to                                                                                                           
06   (A)  prohibit the construction of obstructions and permanent                                                        
07 structures extending above the imaginary surface of the Homer Airport as                                                
08 determined under regulations of the Federal Aviation Administration;                                                    
09   (B)  clear the land and keep the land clear of obstructions                                                         
10 extending above the imaginary surface of the Homer Airport as determined                                                
11 under regulations of the Federal Aviation Administration, including removal of                                          
12 trees, brush, soil, berms, hills, irregularities in the topography, stockpiles, rocks,                                  
13 buildings, structures, and other obstructions;                                                                          
14   (C)  prohibit or remove an activity, installation, or object that                                                   
15   (i)  creates electrical interference with radio                                                                    
16 communication or navigational instruments of aircraft or the Homer                                                      
17 Airport;                                                                                                                
18   (ii)  may enhance bird habitat on or in the vicinity of the                                                        
19 Homer Airport;                                                                                                          
20   (iii)  hinders the ability of pilots to distinguish between                                                        
21 airport lights and other lights;                                                                                        
22   (iv)  results in glare in the eyes of pilots using the Homer                                                       
23 Airport;                                                                                                                
24   (v)  impairs visibility in the vicinity of the Homer                                                               
25 Airport; or                                                                                                             
26   (vi)  endangers the landing, departure, or maneuvering of                                                          
27 aircraft at the Homer Airport;                                                                                          
28   (D)  enter upon the land for the purpose of enforcing or                                                            
29 implementing this subsection.                                                                                           
30  (d)  The Department of Fish and Game shall cooperate with the Department of                                           
31 Transportation and Public Facilities in implementing (b) and (c) of this section.                                       
01  (e)  Neither the Department of Fish and Game nor another person may create,                                           
02 develop, or enhance bird habitat within the Homer Airport Critical Habitat Area.                                        
03  (f)  The state land described in (a) of this section may not be transferred to                                        
04 municipal or private ownership or to another state agency unless covenants or                                           
05 easements in the land, containing provisions substantially similar to (b) and (c) of this                               
06 section, are reserved to the Department of Transportation and Public Facilities for the                                 
07 benefit of the Homer Airport.                                                                                           
08  (g)  The Department of Fish and Game shall establish and appoint an advisory                                          
09 committee to work with the department and advise on the management of the Homer                                         
10 Airport Critical Habitat Area.  If the department develops a management plan for the                                    
11 critical habitat area, the department shall consult with the advisory committee, and the                                
12 plan must allow guaranteed access to and continued public fishing, hunting, and                                         
13 trapping activities and opportunities in the area.  Among appointments to the advisory                                  
14 committee, the department shall include                                                                                 
15   (1)  industry and commercial users and hunters, trappers, fishermen, and                                             
16 recreational users recommended by the City of Homer;                                                                    
17   (2)  an official representing the City of Homer; and                                                                 
18   (3)  a representative of the Department of Transportation and Public                                                 
19 Facilities.