CSSB 35(FIN): "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; requiring legislative approval before certain land managed under AS 41.21 may be closed or have access restricted; relating to Chilkat State Park."
00CS FOR SENATE BILL NO. 35(FIN) 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; requiring legislative approval 06 before certain land managed under AS 41.21 may be closed or have access 07 restricted; relating to Chilkat State Park." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 41.21.020(a) is amended to read: 10 (a) The department shall 11 (1) develop a continuing plan for the conservation and maximum use 12 in the public interest of the scenic, historic, archaeologic, scientific, biological, and 13 recreational resources of the state; 14 (2) plan for and develop a system of state parks and recreational
01 facilities, to be established as the legislature authorizes and directs; 02 (3) acquire by gift, purchase, or transfer from state or federal agencies, 03 or from individuals, corporations, partnerships, or associations, land necessary, suitable, 04 and proper for roadside, picnic, recreational, or park purposes; 05 (4) develop, manage, and maintain state parks and recreational areas; 06 (5) provide for the acquisition, care, management, supervision, 07 improvement, development, extension, and maintenance of public recreational land, and 08 make necessary arrangements, contracts, or commitments for the improvement and 09 development of land acquired under AS 41.21.010 - 41.21.040; contracting for 10 improvement and development under this paragraph is governed by AS 36.30 (State 11 Procurement Code); 12 (6) adopt, in accordance with this section and AS 44.62 (Administrative 13 Procedure Act), regulations governing the use and designating incompatible uses within 14 the boundaries of state park and recreational areas to protect the property and to 15 preserve the peace; 16 (7) cooperate with the United States and its agencies and local 17 subdivisions of the state to secure the effective supervision, improvement, 18 development, extension, and maintenance of state parks, state monuments, state 19 historical areas, and state recreational areas [,] and secure agreements or contracts for 20 the purpose of AS 41.21.010 - 41.21.040; 21 (8) encourage the organization of state public park and recreational 22 activities in the local political subdivisions of the state; 23 (9) provide for consulting service designed to develop local park and 24 recreation facilities and programs; 25 (10) provide clearinghouse services for other state agencies concerned 26 with park and recreation matters; 27 (11) perform other duties as are prescribed by executive order or by 28 law; 29 (12) maintain memorials to Alaska veterans located in state parks; 30 [AND] 31 (13) adopt, in accordance with AS 44.62 (Administrative Procedure
01 Act), regulations governing the use of the Chena River State Recreation Area and 02 designating incompatible uses within the boundaries of the Chena River State 03 Recreation Area in accordance with AS 41.21.490; and 04 (14) annually, by the first day of each regular session of the 05 legislature, submit a report to the legislature on each designation of an 06 incompatible use under this chapter, or other action, that prohibits or restricts a 07 traditional means of access in or to a park, area, or preserve established under 08 this chapter for a traditional recreational activity on or within the park, area, or 09 preserve; for each prohibition or restriction, the report must state reasons for the 10 designation of incompatibility or prohibition or restriction of a traditional means 11 of access, the specific area of the prohibition or restriction, and the time period 12 during which the incompatibility or prohibition or restriction is expected to exist; 13 in this paragraph, 14 (A) "traditional means of access" means those types of 15 transportation on, to, or in the state land, water, or land and water, for 16 which a popular pattern of use has developed; the term includes general 17 or commercial aviation, ballooning, motorized and nonmotorized boating, 18 snowmachining, operation of all-terrain vehicles, mushing, use of pack 19 animals, skiing, snowshoeing, and walking; 20 (B) "traditional recreational activity" means those personal 21 or commercial types of activities that people may use for sport, exercise, 22 subsistence, or personal enjoyment, including hunting, fishing, trapping, or 23 gathering, and that have historically been conducted as part of an 24 individual, family, or community life pattern on or in the state land, water, 25 or land and water. 26 * Sec. 2. AS 41.21.020 is amended by adding new subsections to read: 27 (d) Notwithstanding (a)(3) of this section, the department may not manage as 28 part of a park, area, or preserve established under AS 41.21.110 - 41.21.630, land, 29 water, or land and water that is not within the boundaries, as designated by the 30 legislature, of the park, area, or preserve. 31 (e) Except as otherwise specifically provided in this chapter, the department
01 may not close or restrict traditional access to land, water, or land and water, managed 02 under this chapter unless the closure or restriction (1) is limited to a period of not 03 more than 90 days in a calendar year, or (2) is submitted to the legislature for approval 04 at the next regular session of the legislature. A closure or restriction under (1) of this 05 subsection may not be repeated in the subsequent calendar year unless the closure or 06 restriction is approved by the legislature under (2) of this subsection. If the legislature 07 fails to approve a closure or restriction under (2) of this subsection by the last day of 08 that regular session, the closure or restriction ends and cannot be enforced after the last 09 day of that regular session. 10 * Sec. 3. AS 41.21.111 is amended to read: 11 Sec. 41.21.111. Authority to designate Chilkat State Park. The governor 12 may designate by proclamation the state-owned land and water and all that acquired 13 in the future by the state, lying within the parcels described in this section, as the 14 Chilkat State Park. The proclamation may include the entire area or portions of the 15 area at different times, shall reserve the areas included from all uses incompatible with 16 their primary function as public recreation land and water, and shall assign them to the 17 department for control, development, and maintenance. Land covered by AS 41.21.110 18 - 41.21.113 has a total acreage of 6,056.30 [6,045.45] acres, including approximately 19 610 acres of federal land, and is described as follows: 20 (1) Township 31 South, Range 60 East, Copper River Meridian U.S.S. 21 1599: the portions of Sections 6-8 known as Battery Point Light House Reserve; 22 (2) Township 31 South, Range 59 East, Copper River Meridian Section 23 1, excluding the portions of Lots 2 and 3 within the Chilkoot Inlet Alaska Subdivision 24 Section 12: NW1/4, NE1/4, SE1/4 Township 31 South, Range 60 East, Copper River 25 Meridian Section 6: Lots 1-3 Section 7: Lots 1-7 Section 8: Lot 1 Sections 17 and 18 26 Section 19: NE1/4NW1/4, N1/2NE1/4; 27 (3) Township 31 South, Range 60 East, Copper River Meridian Section 28 30: Lots 8 and 9 Section 31 Section 32: SW1/4, W1/2NW1/4SE1/4, 29 W1/2SE1/4NW1/4SE1/4, Lots 9-16 including W1/2SW1/4SE1/4SE1/4; 30 (4) Township 32 South, Range 60 East, Copper River Meridian Section 31 5: W1/2, W1/2SE1/4 Sections 6-9, 15-17, 21 and 22, excluding Tongass National
01 Forest; and 02 (5) the following particularly described parcels: 03 (A) approximately 6.49 acres in U.S. Survey 1243, Haines 04 Recording District, described as: begin on the South line of said survey 05 South 88 degrees 31 minutes 45 seconds East 1950.84 feet from Southwest 06 corner (corner 4 M.C.) of said survey, said point being the Southeast 07 corner of the tract in said survey excepted in the decree in Case No. 68-328 08 of the Superior Court at Juneau, in which the distance is recited as being 09 29.55 chains (1950.30 feet), run thence North 01 degree 12 minutes 00 10 seconds East, on the East line of said excepted tract, 1028.77 feet, recited 11 as 15.59 chains (1028.94 feet) in said decree, to the Northeast corner of 12 said excepted tract; thence North 88 degrees 31 minutes 45 seconds West 13 24.38 feet; thence North 01 degree 27 minutes 45 seconds East 1.85 feet; 14 thence on a 126.92 foot radius curve to the left through a central angle of 15 72 degrees 04 minutes 30 seconds a distance of 159.57 feet, the chord of 16 which bears North 34 degrees 34 minutes 30 seconds West 149.27 feet; 17 thence North 70 degrees 25 minutes 15 seconds West 119.52 feet; thence 18 on a 208.11 foot radius curve to the right through a central angle of 62 19 degrees 04 minutes 00 seconds a distance of 225.48 feet, the chord of which 20 bears North 39 degrees 23 minutes 15 seconds West 214.61 feet to the 21 South line of "Mud Bay Road"; thence North 86 degrees 46 minutes 30 22 seconds East, on said line of "Mud Bay Road," 230.54 feet; thence South 23 70 degrees 25 minutes 15 seconds East 90.95 feet; thence on a 326.92 foot 24 radius curve to the right through a central angle of 71 degrees 57 minutes 25 00 seconds a distance of 410.55 feet, the chord of which bears South 34 26 degrees 30 minutes 45 seconds 384.10 feet; thence South 01 degree 27 27 minutes 45 seconds West 1030.62 feet to the South line of said survey; 28 thence North 88 degrees 31 minutes 45 seconds West 175.38 feet to the 29 point of beginning; 30 (B) approximately .92 acres in Tract "D," C. McRae 31 Subdivision according to Plat 77 - 12, Haines Recording District, described
01 as: begin at the Southwest corner of said Tract "D" which is also the 02 Southwest corner of the North one-half of the Southwest one-quarter of the 03 Northwest one-quarter of Section 32, Township 31 South, Range 60 East 04 of the Copper River Meridian, which bears North 01 degree 26 minutes 00 05 seconds West (Alaska State Plane Grid Bearings) 660.00 feet from the one- 06 quarter corner on the West line of said section and South 01 degree 26 minutes 00 07 seconds East 660.00 feet from the North one-sixteenth corner on the West line of said 08 section, run thence North 01 degree 26 minutes 00 seconds East, on the West line of said 09 section, 347.81 feet to the Northeasterly line of Chilkat State Park Roadway; thence 10 South 32 degrees 56 minutes 15 seconds East 70.04 feet to a point of curve; thence 11 Southerly on a 0 degrees 58 minutes 58 seconds curve to the right (Radius = 5,829.65 12 feet) through an arc of 03 degrees 23 minutes 12 seconds (344.58 feet), the cord of which 13 bears South 31 degrees 14 minutes 45 seconds East 344.53 feet, to the South line of said 14 tract and the South line of the North one-half of the Southwest one-quarter of the 15 Northwest one-quarter of said section; thence North 88 degrees 34 minutes 00 seconds 16 West 225.56 feet to the point of beginning; 17 (C) approximately 3.44 acres in Tract "E," C. McRae 18 Subdivision according to Plat 77 - 12, Haines Recording District, described 19 as: begin at the Northwest corner of said tract which is also the one-sixty- 20 fourth corner on the West line of said section which bears North 01 degree 26 minutes 21 00 seconds East (Alaska State Plane Grid Bearings) 660.00 feet from the one-quarter 22 corner on the West line of Section 32, Township 31 South, Range 60 East of the Copper 23 River Meridian and South 01 degree 26 minutes 00 seconds West 660.00 feet from the 24 North one-sixteenth corner of said section, run thence South 88 degrees 34 minutes 00 25 seconds East, on the North line of said tract which is also the South line of the North 26 one-half of the Southwest one-quarter of the Northwest one-quarter of said section, 27 225.56 feet to a point on the Easterly line of Chilkat State Park Roadway; 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 01 degree 46 minutes 48 seconds (181.10 feet), the chord of which 30 bears South 28 degrees 39 minutes 39 seconds East 181.10 feet, to a point of tangency; 31 thence South 27 degrees 46 minutes 15 seconds East 268.21 feet to a point of curve;
01 thence on a 14 degrees 16 minutes 06 seconds curve to the right (Radius = 401.56) 02 through an arc of 40 degrees 06 minutes 37 seconds (281.12 feet), the chord of which 03 bears South 07 degrees 43 minutes 00 seconds East 275.41 feet to the South line of said 04 tract which is also the South line of the Southwest one-quarter of the Northwest one-quarter of said section; 05 thence North 88 degrees 15 minutes 00 seconds West, on said 06 South line, to the Westerly line of Chilkat State Park Roadway; thence Northerly on a 07 28 degrees 25 minutes 34 seconds curve to the left (Radius = 201.56 feet) through an arc 08 of 50 degrees 59 minutes 51 seconds (179.40 feet), the chord of which bears North 02 09 degrees 15 minutes 15 seconds West 173.54 feet to a point of tangency; thence North 27 10 degrees 46 minutes 15 seconds West 268.21 feet to a point of curve; thence on a 01 11 degree 01 minute 04 seconds curve to the left (Radius = 5,629.65 feet) through an arc of 12 02 degrees 50 minutes 00 seconds (278.39 feet), the chord of which bears North 29 13 degrees 11 minutes 15 seconds West 278.37 feet to the West line of said section; thence 14 North 01 degree 26 minutes 00 seconds East 14.72 feet to the point of beginning.