00SENATE CS FOR CS FOR HOUSE BILL NO. 58(STA)                                                                             
01 "An Act establishing the Chickaloon Flats Critical Habitat Area; and providing                                          
02 for an effective date."                                                                                                 
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 16.20 is amended by adding a new section to read:                                                   
05  Sec. 16.20.630. CHICKALOON FLATS CRITICAL HABITAT AREA.  (a)                                                          
06 The following described area is established as the Chickaloon Flats Critical Habitat                                    
07 Area:                                                                                                                   
08 The land and water encompassed by a boundary beginning at the point                                                   
09 on the shore of Chickaloon Bay at longitude W149 degrees, 53 minutes;                                                   
10 thence westerly along the mean high water line of Chickaloon Bay to                                                     
11 longitude W150 degrees, 18 minutes; thence easterly to the point of the                                                 
12 beginning.                                                                                                              
13  (b)  The Chickaloon Flats Critical Habitat Area is established to                                                     
14   (1)  ensure the protection and enhancement of habitat;                                                               

01   (2)  ensure the conservation of fish and game; and                                                                   
02   (3)  guarantee the continuation of hunting, fishing, trapping, and other                                             
03 uses by the public compatible with the protection and enhancement of habitat and the                                    
04 conservation of fish and game.                                                                                          
05  (c)  The state may not acquire by eminent domain privately owned land within                                          
06 the Chickaloon Flats Critical Habitat Area, but may acquire privately owned land by                                     
07 purchase, exchange, or otherwise for inclusion in the Chickaloon Flats Critical Habitat                                 
08 Area.                                                                                                                   
09  (d)  Management decisions under this section made by the commissioner of                                              
10 natural resources and the commissioner of fish and game are applicable only to land                                     
11 and water described in (a) of this section.                                                                             
12  (e)  Public access to the Chickaloon Flats Critical Habitat Area by means of                                          
13 horse, boat, aircraft, dog team, snowmachine, all-terrain vehicle, or other means                                       
14 consistent with (b) of this section may not be prohibited.                                                              
15  (f)  Access to and from private property within the Chickaloon Flats Critical                                         
16 Habitat Area shall be guaranteed through access corridors established through                                           
17 agreement between the Department of Natural Resources, the Department of Fish and                                       
18 Game, and the private property owners involved.                                                                         
19  (g)  The Department of Fish and Game and the Department of Natural                                                    
20 Resources shall exercise their respective authorities over the Chickaloon Flats Critical                                
21 Habitat Area consistent with a management plan prepared by the Department of Fish                                       
22 and Game in consultation with the Department of Natural Resources.                                                      
23  (h)  The department shall permit entry within the Chickaloon Flats Critical                                           
24 Habitat Area for the exploration and development of oil and gas resources when it is                                    
25 compatible with the purposes for which the critical habitat area is established.                                        
26    * Sec. 2.  This Act takes effect immediately under AS 01.10.070(c).