CCS SB 230: "An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park; and relating to Denali State Park."
00CONFERENCE CS FOR SENATE BILL NO. 230 01 "An Act relating to management of state land, water, and land and water as 02 part of a state park, recreational or special management area, or preserve; 03 relating to reports to the legislature concerning prohibitions or restrictions of 04 traditional means of access for traditional recreational uses within a park, 05 recreational or special management area, or preserve; relating to Chilkat State 06 Park; and relating to Denali State Park." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 41.21.020(a) is amended to read: 09 (a) The department shall 10 (1) develop a continuing plan for the conservation and maximum use in 11 the public interest of the scenic, historic, archaeologic, scientific, biological, and 12 recreational resources of the state; 13 (2) plan for and develop a system of state parks and recreational 14 facilities, to be established as the legislature authorizes and directs;
01 (3) acquire by gift, purchase, or transfer from state or federal agencies, 02 or from individuals, corporations, partnerships, or associations, land necessary, suitable, 03 and proper for roadside, picnic, recreational, or park purposes; 04 (4) develop, manage, and maintain state parks and recreational areas; 05 (5) provide for the acquisition, care, management, supervision, 06 improvement, development, extension, and maintenance of public recreational land, and 07 make necessary arrangements, contracts, or commitments for the improvement and 08 development of land acquired under AS 41.21.010 - 41.21.040; contracting for 09 improvement and development under this paragraph is governed by AS 36.30 (State 10 Procurement Code); 11 (6) adopt, in accordance with this section and AS 44.62 (Administrative 12 Procedure Act), regulations governing the use and designating incompatible uses within 13 the boundaries of state park and recreational areas to protect the property and to preserve 14 the peace; 15 (7) cooperate with the United States and its agencies and local 16 subdivisions of the state to secure the effective supervision, improvement, development, 17 extension, and maintenance of state parks, state monuments, state historical areas, and 18 state recreational areas, and secure agreements or contracts for the purpose of 19 AS 41.21.010 - 41.21.040; 20 (8) encourage the organization of state public park and recreational 21 activities in the local political subdivisions of the state; 22 (9) provide for consulting service designed to develop local park and 23 recreation facilities and programs; 24 (10) provide clearinghouse services for other state agencies concerned 25 with park and recreation matters; 26 (11) perform other duties as are prescribed by executive order or by law; 27 (12) maintain memorials to Alaska veterans located in state parks; [AND] 28 (13) adopt, in accordance with AS 44.62 (Administrative Procedure Act), 29 regulations governing the use of the Chena River State Recreation Area and designating 30 incompatible uses within the boundaries of the Chena River State Recreation Area in 31 accordance with AS 41.21.490; and
01 (14) annually, by the first day of each regular session of the 02 legislature, submit a report to the legislature on each designation of an incompatible 03 use under this chapter, or other action, that prohibits or restricts a traditional 04 means of access across a park, area, or preserve established under this chapter for 05 a traditional recreational activity on or within the park, area, or preserve; for each 06 prohibition or restriction, the report must state reasons for the designation of 07 incompatibility or prohibition or restriction of a traditional means of access, the 08 specific area of the prohibition or restriction, and the time period during which the 09 incompatibility or prohibition or restriction is expected to exist; in this paragraph, 10 (A) "traditional means of access" means those types of 11 transportation on, to, or in the state land, water, or land and water, for 12 which a popular pattern of use has developed; the term includes general or 13 commercial aviation, ballooning, motorized and nonmotorized boating, 14 snowmachining, operation of all-terrain vehicles, mushing, skiing, 15 snowshoeing, and walking; 16 (B) "traditional recreational activity" means those personal 17 or commercial types of activities that people may utilize for sport, exercise, 18 subsistence, or personal enjoyment, including hunting, fishing, trapping, or 19 gathering, and that have historically been conducted as part of an individual, 20 family, or community life pattern on or in the state land, water, or land and 21 water. 22 * Sec. 2. AS 41.21.020 is amended by adding a new subsection to read: 23 (d) Notwithstanding (a)(3) of this section, the department may not manage as 24 part of a park, area, or preserve established under AS 41.21.110 - 41.21.630, land, water, 25 or land and water that is not within the boundaries, as designated by the legislature, of 26 the park, area, or preserve. 27 * Sec. 3. AS 41.21.111 is amended to read: 28 Sec. 41.21.111. AUTHORITY TO DESIGNATE CHILKAT STATE PARK. 29 The governor may designate by proclamation the state-owned land and water and all 30 that acquired in the future by the state, lying within the parcels described in this 31 section, as the Chilkat State Park. The proclamation may include the entire area or
01 portions of the area at different times, shall reserve the areas included from all uses 02 incompatible with their primary function as public recreation land and water, and shall 03 assign them to the department for control, development, and maintenance. Land 04 covered by AS 41.21.110 - 41.21.113 has a total acreage of 6,056.30 [6,045.45] acres, 05 including approximately 610 acres of federal land, and is described as follows: 06 (1) Township 31 South, Range 60 East, Copper River Meridian U.S.S. 07 1599: the portions of Sections 6-8 known as Battery Point Light House Reserve; 08 (2) Township 31 South, Range 59 East, Copper River Meridian Section 09 1, excluding the portions of Lots 2 and 3 within the Chilkoot Inlet Alaska Subdivision 10 Section 12: NW1/4, NE1/4, SE1/4 Township 31 South, Range 60 East, Copper River 11 Meridian Section 6: Lots 1-3 Section 7: Lots 1-7 Section 8: Lot 1 Sections 17 and 18 12 Section 19: NE1/4NW1/4, N1/2NE1/4; 13 (3) Township 31 South, Range 60 East, Copper River Meridian Section 14 30: Lots 8 and 9 Section 31 Section 32: SW1/4, W1/2NW1/4SE1/4, 15 W1/2SE1/4NW1/4SE1/4, Lots 9-16 including W1/2SW1/4SE1/4SE1/4; 16 (4) Township 32 South, Range 60 East, Copper River Meridian Section 17 5: W1/2, W1/2SE1/4 Sections 6-9, 15-17, 21 and 22, excluding Tongass National 18 Forest; and 19 (5) the following particularly described parcels: 20 (A) approximately 6.49 acres in U.S. Survey 1243, Haines 21 Recording District, described as: begin on the South line of said survey 22 South 88 degrees 31 minutes 45 seconds East 1950.84 feet from Southwest 23 corner (corner 4 M.C.) of said survey, said point being the Southeast 24 corner of the tract in said survey excepted in the decree in Case No. 68-328 25 of the Superior Court at Juneau, in which the distance is recited as being 26 29.55 chains (1950.30 feet), run thence North 01 degree 12 minutes 00 27 seconds East, on the East line of said excepted tract, 1028.77 feet, recited 28 as 15.59 chains (1028.94 feet) in said decree, to the Northeast corner of 29 said excepted tract; thence North 88 degrees 31 minutes 45 seconds West 30 24.38 feet; thence North 01 degree 27 minutes 45 seconds East 1.85 feet; 31 thence on a 126.92 foot radius curve to the left through a central angle of
01 72 degrees 04 minutes 30 seconds a distance of 159.57 feet, the chord of 02 which bears North 34 degrees 34 minutes 30 seconds West 149.27 feet; 03 thence North 70 degrees 25 minutes 15 seconds West 119.52 feet; thence 04 on a 208.11 foot radius curve to the right through a central angle of 62 05 degrees 04 minutes 00 seconds a distance of 225.48 feet, the chord of which 06 bears North 39 degrees 23 minutes 15 seconds West 214.61 feet to the 07 South line of "Mud Bay Road"; thence North 86 degrees 46 minutes 30 08 seconds East, on said line of "Mud Bay Road," 230.54 feet; thence South 09 70 degrees 25 minutes 15 seconds East 90.95 feet; thence on a 326.92 foot 10 radius curve to the right through a central angle of 71 degrees 57 minutes 11 00 seconds a distance of 410.55 feet, the chord of which bears South 34 12 degrees 30 minutes 45 seconds 384.10 feet; thence South 01 degree 27 13 minutes 45 seconds West 1030.62 feet to the South line of said survey; 14 thence North 88 degrees 31 minutes 45 seconds West 175.38 feet to the 15 point of beginning; 16 (B) approximately .92 acres in Tract "D," C. McRae 17 Subdivision according to Plat 77 - 12, Haines Recording District, described 18 as: begin at the Southwest corner of said Tract "D" which is also the 19 Southwest corner of the North one-half of the Southwest one-quarter of the 20 Northwest one-quarter of Section 32, Township 31 South, Range 60 East 21 of the Copper River Meridian, which bears North 01 degree 26 minutes 00 22 seconds West (Alaska State Plane Grid Bearings) 660.00 feet from the one- 23 quarter corner on the West line of said section and South 01 degree 26 minutes 00 24 seconds East 660.00 feet from the North one-sixteenth corner on the West line of said 25 section, run thence North 01 degree 26 minutes 00 seconds East, on the West line of said 26 section, 347.81 feet to the Northeasterly line of Chilkat State Park Roadway; thence 27 South 32 degrees 56 minutes 15 seconds East 70.04 feet to a point of curve; thence 28 Southerly on a 0 degrees 58 minutes 58 seconds curve to the right (Radius = 5,829.65 29 feet) through an arc of 03 degrees 23 minutes 12 seconds (344.58 feet), the cord of which 30 bears South 31 degrees 14 minutes 45 seconds East 344.53 feet, to the South line of said 31 tract and the South line of the North one-half of the Southwest one-quarter of the
01 Northwest one-quarter of said section; thence North 88 degrees 34 minutes 00 seconds 02 West 225.56 feet to the point of beginning; 03 (C) approximately 3.44 acres in Tract "E," C. McRae 04 Subdivision according to Plat 77 - 12, Haines Recording District, described 05 as: begin at the Northwest corner of said tract which is also the one-sixty- 06 fourth corner on the West line of said section which bears North 01 degree 26 minutes 07 00 seconds East (Alaska State Plane Grid Bearings) 660.00 feet from the one-quarter 08 corner on the West line of Section 32, Township 31 South, Range 60 East of the Copper 09 River Meridian and South 01 degree 26 minutes 00 seconds West 660.00 feet from the 10 North one-sixteenth corner of said section, run thence South 88 degrees 34 minutes 00 11 seconds East, on the North line of said tract which is also the South line of the North 12 one-half of the Southwest one-quarter of the Northwest one-quarter of said section, 13 225.56 feet to a point on the Easterly line of Chilkat State Park Roadway; thence 14 Southerly on a 0 degrees 58 minutes 58 seconds curve to the right (Radius = 5,829.65 15 feet) through an arc of 01 degree 46 minutes 48 seconds (181.10 feet), the chord of which 16 bears South 28 degrees 39 minutes 39 seconds East 181.10 feet, to a point of tangency; 17 thence South 27 degrees 46 minutes 15 seconds East 268.21 feet to a point of curve; 18 thence on a 14 degrees 16 minutes 06 seconds curve to the right (Radius = 401.56) 19 through an arc of 40 degrees 06 minutes 37 seconds (281.12 feet), the chord of which 20 bears South 07 degrees 43 minutes 00 seconds East 275.41 feet to the South line of said 21 tract which is also the South line of the Southwest one-quarter of the Northwest one-quarter of said section; 22 thence North 88 degrees 15 minutes 00 seconds West, on said 23 South line, to the Westerly line of Chilkat State Park Roadway; thence Northerly on a 24 28 degrees 25 minutes 34 seconds curve to the left (Radius = 201.56 feet) through an arc 25 of 50 degrees 59 minutes 51 seconds (179.40 feet), the chord of which bears North 02 26 degrees 15 minutes 15 seconds West 173.54 feet to a point of tangency; thence North 27 27 degrees 46 minutes 15 seconds West 268.21 feet to a point of curve; thence on a 01 28 degree 01 minute 04 seconds curve to the left (Radius = 5,629.65 feet) through an arc of 29 02 degrees 50 minutes 00 seconds (278.39 feet), the chord of which bears North 29 30 degrees 11 minutes 15 seconds West 278.37 feet to the West line of said section; thence 31 North 01 degree 26 minutes 00 seconds East 14.72 feet to the point of beginning.
01 * Sec. 4. AS 41.21 is amended by adding a new section to read: 02 Sec. 41.21.155. INCOMPATIBLE USES. (a) The commissioner may 03 designate by regulation incompatible uses within the land and water areas described 04 in AS 41.21.151. 05 (b) The regulations governing public use of the Denali State Park must 06 (1) provide ample access for legal sport and subsistence hunting and 07 fishing, trapping, and recreational uses; except to protect public safety, the 08 commissioner may not restrict the exercise of sport or subsistence fishing or hunting 09 or trapping permitted under law or under a regulation of the Board of Fisheries or the 10 Board of Game within the Denali State Park; 11 (2) recognize that the current practice of traditional subsistence and 12 recreational activities includes the use of small outboard motors and snow machines; 13 (3) allow noncommercial access, without a permit, by fixed-wing or 14 rotor aircraft for recreational purposes; and 15 (4) provide ample access for recreational mining; the commissioner 16 may not restrict recreational mining conducted using suction dredges provided the 17 nozzles of the dredges are four inches or less in size. 18 * Sec. 5. Regulations that have not taken effect before the effective date of this Act and 19 are in the process of being adopted by the Department of Natural Resources concerning Denali 20 State Park and uses within Denali State Park may only take effect to the extent the regulations 21 are consistent with the provisions of this Act. Regulations adopted by the Department of 22 Natural Resources concerning Denali State Park and uses within Denali State Park that take 23 effect in 1996 before this Act takes effect, are annulled.