CSSB 111(RES): "An Act creating the Kodiak Narrow Cape Public Use Area."
00 CS FOR SENATE BILL NO. 111(RES) 01 "An Act creating the Kodiak Narrow Cape Public Use Area." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 41.23 is amended by adding new sections to article 1 to read: 04 Sec. 41.23.240. Purpose of AS 41.23.240 - 41.23.270. The purpose of 05 AS 41.23.240 - 41.23.270 is to protect, maintain, enhance, and perpetuate the present 06 use of the area described in AS 41.23.270 as the Kodiak Narrow Cape Public Use 07 Area. The Kodiak Narrow Cape Public Use Area is established to 08 (1) protect, maintain, perpetuate, and enhance year-round general 09 public recreation; 10 (2) protect, maintain, perpetuate, and enhance public enjoyment and 11 use of fish and wildlife; 12 (3) allow for continued use of the area for grazing and other purposes 13 authorized in a land use plan adopted by the commissioner or by law; 14 (4) allow additional public uses of the area in a manner compatible 15 with the purposes specified in (1), (2), and (3) of this section.
01 Sec. 41.23.250. Management. (a) The commissioner is responsible for the 02 management of the surface and subsurface estate of the Kodiak Narrow Cape Public 03 Use Area. After adequate public hearings, the commissioner may adopt and may 04 revise a management plan for the Kodiak Narrow Cape Public Use Area. The 05 commissioner shall provide a copy of the management plan and each revision to the 06 chairs of the resource committees of the legislature within 30 days after its adoption or 07 revision. The commissioner shall consult with the Department of Fish and Game in the 08 adoption and revision of the management plan. 09 (b) Subject to valid existing rights, including existing rights for grazing leases 10 and operations and the interagency land management agreement between the 11 department and the Alaska Aerospace Development Corporation for the Kodiak 12 Launch Complex, the commissioner may not dispose of the surface estate in state land 13 within the Kodiak Narrow Cape Public Use Area. 14 (c) Grazing and missile launch activity are allowable uses within the Kodiak 15 Narrow Cape Public Use Area. Consistent with the purposes of AS 41.23.240(1) and 16 (2), the commissioner shall allow additional uses within the Kodiak Narrow Cape 17 Public Use Area, including horseback riding, hiking, picnicking, berry picking, fossil 18 collecting, tide pooling, all terrain and road vehicle driving, bicycling, dog sledding, 19 cross-country skiing, skijoring, snow machining, camping, surfing, beachcombing, 20 and other traditional public uses of fish and wildlife populations such as fishing, 21 hunting, viewing, and photographing of gray whales and waterfowl. 22 (d) The state may not acquire by eminent domain privately owned land within 23 the boundaries described in AS 41.23.270 but may acquire privately owned land 24 located within the boundaries described in AS 41.23.270 by purchase, exchange, or 25 otherwise for inclusion in the Kodiak Narrow Cape Public Use Area. 26 (e) The commissioner may not manage the Kodiak Narrow Cape Public Use 27 Area as a unit of the state park system. 28 Sec. 41.23.260. Incompatible uses. (a) Except as provided in this section, the 29 commissioner may prohibit or restrict uses determined to be incompatible with the 30 purposes of the Kodiak Narrow Cape Public Use Area under AS 41.23.240(1) and (2) 31 within the state-owned land and water described in AS 41.23.270.
01 (b) Consistent with AS 41.23.240 - 41.23.270, the Department of Fish and 02 Game may engage in rehabilitation, enhancement, and development of fish and 03 wildlife habitat within the area described in AS 41.23.270. 04 (c) 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 Kodiak Narrow Cape Public Use Area. 07 (d) The commissioner shall allow access to the Kodiak Narrow Cape Public 08 Use Area by motorized or nonmotorized means of transportation to private land, to 09 interests in private land, and for hunting, fishing, trapping, mining, and recreational 10 purposes in a manner that is compatible with purposes specified in AS 41.23.240(1) 11 and (2). Existing trails remain open to public use. 12 (e) The Department of Public Safety and the Department of Fish and Game 13 may have necessary access for fish and game management, research, and enforcement 14 purposes. 15 (f) If the commissioner determines that a use is incompatible with one or more 16 other uses in a portion of the Kodiak Narrow Cape Public Use Area, the commissioner 17 shall state in the management plan adopted or revised under AS 41.23.250 18 (1) each determination of incompatibility; 19 (2) the specific area where the incompatibility is determined to exist; 20 (3) the time within which the incompatibility is determined to exist; 21 and 22 (4) the reasons for each determination of incompatibility. 23 Sec. 41.23.270. Kodiak Narrow Cape Public Use Area. Subject to valid 24 existing rights, the vacant and unappropriated state-owned land, tidelands, and 25 submerged lands and the state land, tidelands, and submerged lands acquired in the 26 future that lie within the boundaries described in this section are designated as the 27 Kodiak Narrow Cape Public Use Area, are reserved for all uses compatible with their 28 primary function as public use land, and are assigned to the department for control and 29 management: 30 (1) Township 30 South, Range 20 West, Seward Meridian 31 Section 25
01 Section 36 02 (2) Township 30 South, Range 18 West, Seward Meridian 03 Section 19 04 Sections 30 - 31 05 (3) Township 30 South, Range 19 West, Seward Meridian 06 Section 15 07 Sections 19 - 36 08 (4) Township 31 South, Range 19 West, Seward Meridian 09 Sections 1 - 11 10 Sections 15 - 22 11 Sections 27 - 34 12 (5) Township 31 South, Range 20 West, Seward Meridian 13 Section 1 14 Section 2: all land lying east of Pasagshak Bay Road 15 Section 12: E 1/2 16 Section 13 17 Section 23: SE 1/4 18 Sections 24 - 25 19 Section 26: Lot 1 20 Sections 34 - 36 21 (6) Township 32 South, Range 19 West, Seward Meridian 22 Sections 3 - 6 23 Sections 8 - 10 24 (7) Township 32 South, Range 20 West, Seward Meridian 25 Sections 1 - 3 26 Section 4: SE 1/4 27 Sections 9 - 11