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