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CSHB 6(RES): "An Act establishing the Jonesville Public Use Area."

00                        CS FOR HOUSE BILL NO. 6(RES)                                                                     
01 "An Act establishing the Jonesville 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 read:                                                   
04 Sec. 41.23.280. Purpose of AS 41.23.280 - 41.23.289. The purpose of                                                   
05 AS 41.23.280 - 41.23.289 is to protect, maintain, enhance, and perpetuate the present                                   
06 use of the area described in AS 41.23.286 as the Jonesville Public Use Area. The                                        
07       Jonesville Public Use Area is established to                                                                    
08                 (1)  protect, maintain, perpetuate, and enhance year-round general                                      
09       public recreation;                                                                                                
10                 (2)  protect and maintain migratory waterfowl nesting areas and                                         
11       habitats for moose, Dall sheep, brown bear, and other fish and wildlife so that the                               
12       public may continue to enjoy the fish and wildlife of the Jonesville Public Use Area;                             
13                 (3)  provide opportunities for the public to enjoy the area through a full                              
14       spectrum of public uses, including the maintenance and enhancement of off-road                                    
15       vehicle and nonmotorized recreational opportunities for the public; and                                           
01                 (4)  allow                                                                                              
02                      (A)  continued mineral exploration and development activities;                                     
03                      (B)  motorized access to private property, including property in                                   
04            which a person has a subsurface right, in the Jonesville Public Use Area; and                                
05                      (C)  additional public uses of the area determined by the                                          
06            commissioner to be compatible with this section.                                                             
07 Sec. 41.23.282. Management. (a) The commissioner is responsible for the                                               
08 management of the surface and subsurface estate of the Jonesville Public Use Area                                       
09 consistent with the purposes of AS 41.23.280. After adequate public hearings, the                                       
10 commissioner may designate incompatible uses and shall adopt and may revise a                                           
11 management plan for the Jonesville Public Use Area. The management plan must                                            
12 include provisions for the enforcement of the plan and compliance with the                                              
13 requirements of the plan. The commissioner shall consult with the Department of Fish                                    
14       and Game in the adoption and revision of the management plan.                                                     
15 (b)  Subject to valid existing rights, the commissioner may not dispose of the                                          
16       surface estate in state land within the Jonesville Public Use Area.                                               
17 (c)  The commissioner of fish and game, the Board of Fisheries, and the Board                                           
18 of Game are responsible for the management of fish and game resources and the                                           
19 public use of fish and wildlife in the Jonesville Public Use Area consistent with the                                   
20       purposes of AS 41.23.280.                                                                                         
21 (d)  The Jonesville Public Use Area may not be managed as a unit of the state                                           
22       park system.                                                                                                      
23 (e)  The commissioner shall identify wetland areas within the Jonesville Public                                         
24 Use Area and provide for the protection and use of the wetland areas in the                                             
25       management plan.                                                                                                  
26 (f)  The state may not acquire by eminent domain privately owned land within                                            
27 the boundaries described in AS 41.23.286 but may acquire privately owned land                                           
28 located within the boundaries described in AS 41.23.286 by purchase, exchange, or                                       
29       otherwise for inclusion in the Jonesville Public Use Area.                                                        
30 Sec. 41.23.284. Incompatible uses. (a) Except as provided in this section, the                                        
31 commissioner may prohibit or restrict uses determined to be incompatible with the                                       
01       purposes of the Jonesville Public Use Area under AS 41.23.280 within the state-                                   
02       owned land and water described in AS 41.23.286.                                                                   
03 (b)  Nothing in AS 41.23.280 - 41.23.289 prohibits the Department of Fish and                                           
04 Game from engaging in rehabilitation, enhancement, and development of fish and                                          
05 wildlife habitat within an area described in AS 41.23.286 that is consistent with the                                   
06       purposes stated in AS 41.21.280.                                                                                  
07            (c)  The commissioner may not restrict                                                                       
08                 (1)  lawful fishing, hunting, or trapping rights allowed under a                                        
09       regulation of the Board of Fisheries or the Board of Game within the Jonesville Public                            
10       Use Area;                                                                                                         
11 (2)  the use of weapons, including firearms, in the Jonesville Public Use                                               
12 Area, except in locations where the commissioner determines that the use of weapons                                     
13       constitutes a threat to public safety; or                                                                         
14 (3)  lawful mineral exploration and development activities within the                                                   
15       Jonesville Public Use Area.                                                                                       
16            (d)  The commissioner shall                                                                                  
17                 (1)  allow the Jonesville Public Use Area to be used for activities that                                
18 (A)  are compatible with the reasons for establishing the public                                                        
19            use area in AS 41.23.280; and                                                                                
20 (B)  include operating all-terrain vehicles on trails or in areas                                                       
21 designated or constructed for their use, aircraft, and watercraft;                                                      
22            snowmachining, horseback riding, hiking, bicycling, dog sledding, cross-                                     
23 country skiing, skijoring, camping, hunting, fishing, trapping, wildlife viewing,                                       
24 photography, berry picking; and, where permitted, rifle and pistol ranges,                                              
25            parking of vehicles, and lawful mineral exploration and mining; and                                          
26 (2)  recognize the existing off-road motor vehicle trails and the access                                                
27 those trails provide within the Jonesville Public Use Area, make accommodations that                                    
28 will provide the shortest possible route to avoid critical habitat, conduct trail                                       
29 rehabilitation in a way that minimizes damage, maintain and enhance off-road motor                                      
30 vehicle options and opportunities in the Jonesville Public Use Area, and provide for                                    
31       responsible use of the public use area.                                                                           
01            (e)  The commissioner of public safety and the commissioner of fish and game                                 
02       shall have necessary access to the Jonesville Public Use Area for fish and game                                   
03       management, research, and enforcement purposes.                                                                   
04            (f)  If the commissioner determines that a use is incompatible with one or more                              
05       other uses in a portion of the Jonesville Public Use Area, the commissioner shall state                           
06       in the management plan adopted or revised under AS 41.23.282                                                      
07                 (1)  each determination of incompatibility;                                                             
08                 (2)  the specific area where the incompatibility is determined to exist;                                
09                 (3)  the time within which the incompatibility is determined to exist;                                  
10       and                                                                                                               
11                 (4)  the reasons for the determination of incompatibility.                                              
12 Sec. 41.23.286. Jonesville Public Use Area. Subject to valid existing rights,                                         
13 the vacant and unappropriated state-owned land and water and the state land and water                                   
14 acquired in the future that lie within the following boundaries described in this section                               
15 are designated as the Jonesville Public Use Area, are reserved for all uses compatible                                  
16 with their primary function as public use land, and are assigned to the department for                                  
17       control and management:                                                                                           
18                 (1)  Township 19 North, Range 2 East, Seward Meridian                                                   
19            Section 1: That portion easterly of Moose Creek                                                              
20            Section 12: That portion of N1/2, N1/2SW1/4, and N1/2SE1/4 easterly of                                       
21       Moose Creek                                                                                                       
22            Section 13: NE1/4, SE1/4NW1/4, and S1/2                                                                      
23            Section 24: All;                                                                                             
24                 (2)  Township 19 North, Range 3 East, Seward Meridian                                                   
25 Section 2: All                                                                                                          
26 Section 3: All                                                                                                          
27 Section 4: All                                                                                                          
28 Section 5: All                                                                                                          
29 Section 6: All                                                                                                          
30 Section 7: All                                                                                                          
31 Section 8: All                                                                                                          
01            Section 9: All                                                                                               
02            Section 10: All                                                                                              
03 Section 11: All                                                                                                         
04            Section 14: NE1/4                                                                                            
05            Section 15: N1/2NE1/4 and the North 960 feet of the East 1,815 feet of the                                   
06       NW1/4 for each Record of Survey filed as 86-85RS P.R.D.                                                           
07 Section 16: All                                                                                                         
08 Section 17: All                                                                                                         
09 Section 18: All                                                                                                         
10 Section 19: NE1/4, E1/2NW1/4, NE1/4SW1/4, NW1/4SE1/4, and Government                                                    
11       Lots 1, 2, and 4                                                                                                  
12            Section 20: N1/2NE1/4, N1/2NW1/4, and SW1/4NW1/4;                                                            
13                 (3)  Township 20 North, Range 2 East, Seward Meridian                                                   
14            Section 36: That portion easterly of Moose Creek;                                                            
15                 (4)  Township 20 North, Range 3 East, Seward Meridian                                                   
16 Section 31: All                                                                                                         
17 Section 32: All                                                                                                         
18 Section 33: All                                                                                                         
19 Section 34: All                                                                                                         
20 Section 35: All.                                                                                                        
21 Sec. 41.23.288. Enforcement authority. (a) In the Jonesville Public Use Area                                          
22 described in AS 41.23.286, the following persons are peace officers of the state for the                                
23 purpose of enforcing the provisions of AS 41.23.280 - 41.23.289 and regulations                                         
24       adopted under AS 41.23.280 - 41.23.289:                                                                         
25 (1)  an employee of the department or another person authorized by the                                                  
26       commissioner;                                                                                                     
27                 (2)  a peace officer, as that term is defined in AS 01.10.060.                                          
28 (b)  A person designated in (a) of this section may, when enforcing the                                                 
29 provisions of AS 41.23.280 - 41.23.289 or a regulation adopted under AS 41.23.280 -                                     
30       41.23.289,                                                                                                        
31 (1)  execute a warrant or other process issued by an officer or court of                                                
01       competent jurisdiction;                                                                                           
02                 (2)  administer or take an oath, affirmation, or affidavit; and                                         
03                 (3)  issue a citation or arrest a person who violates a provision of                                    
04       AS 41.23.280 - 41.23.289 or a regulation adopted under AS 41.23.280 - 41.23.289.                                  
05            (c)  A citation issued under (b) of this section must comply with the provisions                             
06       of AS 12.25.175 - 12.25.230.                                                                                      
07            Sec. 41.23.289. Penalty. (a) A person who violates a provision of, or                                      
08       regulation adopted under, AS 41.23.280 - 41.23.289 is guilty of a violation as defined                            
09       in AS 11.81.900.                                                                                                  
10 (b)  The supreme court shall establish by order or rule a schedule of bail                                              
11 amounts for violations under (a) of this section that allow the disposition of a citation                               
12       without a court appearance.                                                                                       
13    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
14 read:                                                                                                                   
15 TRANSITION: SCHEDULE OF BAIL AMOUNTS. Notwithstanding                                                                   
16 AS 41.23.289(b), enacted by sec. 1 of this Act, the supreme court shall have 90 days from the                           
17 date that the Department of Natural Resources adopts regulations to implement this Act to                               
18 establish a schedule of bail amounts for violations of AS 41.23.289(a) that allow the                                   
19 disposition of a citation without a court appearance.