HB 431: "An Act relating to the Tokositna Public Use Area."
00HOUSE BILL NO. 431 01 "An Act relating to the Tokositna Public Use Area." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 41.21.151 is amended by adding a new subsection to read: 04 (b) In managing the land and water described in (a) of this section that also 05 lies within the boundaries of the Tokositna Public Use Area established under 06 AS 41.23.180, the commissioner may not restrict or prohibit traditional uses of the area 07 that have occurred within those boundaries before the effective date of this Act. 08 * Sec. 2. AS 41.23 is amended by adding a new section to article 1 to read: 09 Sec. 41.23.180. Tokositna Public Use Area. (a) The state-owned land, 10 water, and land and water in the area described in (i) of this section are designated as 11 the Tokositna Public Use Area. The Tokositna Public Use Area is established to 12 protect, maintain, and perpetuate traditional public uses of the area. The commissioner 13 is responsible for the management of the surface and subsurface estate of the Tokositna 14 Public Use Area. After adequate public hearings, the commissioner shall adopt and
01 may revise a management plan for the Tokositna Public Use Area. The commissioner 02 shall provide a copy of the management plan and each revision to the chairs of the 03 resource committees of the legislature within 30 days of the adoption or revision. 04 With regard to the management of land in the public use area, the commissioner shall 05 obtain the concurrence of the Department of Fish and Game in the adoption and 06 revision of the management plan. 07 (b) Subject to valid existing rights, the commissioner may not dispose of the 08 surface estate in state land within the Tokositna Public Use Area. 09 (c) The commissioner shall allow traditional uses of the Tokositna Public Use 10 Area that have occurred there before the effective date of this Act. Those uses may 11 include horseback riding, hiking, mining, all-terrain vehicle driving, bicycling, dog 12 sledding, cross-country skiing, skijoring, snow machining, camping, and other 13 traditional public uses of fish and wildlife populations such as fishing, hunting, 14 trapping, viewing, and photography. Except as otherwise provided in this section, the 15 commissioner may prohibit or restrict uses determined to be incompatible with the 16 primary purpose of the area within the state-owned land, water, and land and water 17 described in (i) of this section. If the commissioner determines that a use is 18 incompatible with one or more other uses in a portion of the Tokositna Public Use 19 Area, the commissioner shall state in the management plan adopted or revised under 20 (a) of this section 21 (1) each determination of incompatibility; 22 (2) the specific area where the incompatibility is determined to exist; 23 (3) the time within which the incompatibility is determined to exist; and 24 (4) the reasons for each determination of incompatibility. 25 (d) The Tokositna Public Use Area is open to mineral entry under 26 AS 38.05.185 - 38.05.275, and the commissioner may adopt regulations to achieve the 27 purpose of the area. Each valid existing right or permit remains valid and continues 28 in full force and effect according to its terms. The commissioner shall permit the 29 exploration, development, and extraction of subsurface resources in a manner that is 30 compatible with the purpose of the area. 31 (e) The Tokositna Public Use Area is open to oil and gas leasing under AS 38.
01 (f) Except for that portion of the Tokositna Public Use Area that lies within 02 the boundaries of the Denali State Park, the commissioner may not manage the 03 Tokositna Public Use Area as a unit of the state park system. 04 (g) The commissioner may not restrict fishing, hunting, or trapping rights 05 allowed under a regulation of the Board of Fisheries or the Board of Game within the 06 Tokositna Public Use Area. 07 (h) The commissioner shall allow access to the Tokositna Public Use Area by 08 motorized or nonmotorized means of transportation to private land, to interests in 09 private land, and for hunting, fishing, trapping, mining, and recreational purposes in 10 a manner that is compatible with the purpose of the area. Existing trails remain open 11 to public use. 12 (i) Subject to valid existing rights, the vacant and unappropriated state-owned 13 land, water, and land and water and the state land, water, and land and water acquired 14 in the future that lie within the boundaries described in this subsection are designated 15 as the Tokositna Public Use Area, are reserved for all uses compatible with their 16 primary function as public use land, and are assigned to the department for control and 17 management: 18 (1) Township 25 North, Ranges 5 - 9 West, Seward Meridian; 19 (2) Township 26 North, Ranges 5 - 9 West, Seward Meridian; 20 (3) Township 27 North, Ranges 5 - 12 West, Seward Meridian; 21 (4) Township 28 North, Ranges 5 - 12 West, Seward Meridian; 22 (5) Township 29 North, Ranges 5 - 12 West, Seward Meridian; 23 (6) Township 30 North, Ranges 5 - 12 West, Seward Meridian.