This page is no longer used please use www.akleg.gov
30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled HB 6                                                                                                           
01 Establishing the Jonesville Public Use Area.                                                                            
02                           _______________                                                                               
03    * Section 1. AS 41.23 is amended by adding new sections to article 1 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 41.23.280.                                                                                  
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;                                  
05       and                                                                                                               
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                                                  
21       commissioner;                                                                                                     
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 -                                     
25       41.23.289,                                                                                                        
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                            
09 read:                                                                                                                   
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.                                                                                
New Text Underlined     [DELETED TEXT BRACKETED]