SB 198: "An Act establishing the Homer Airport Critical Habitat Area."
00SENATE BILL NO. 198 01 "An Act establishing the Homer Airport Critical Habitat Area." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 16.20 is amended by adding a new section to read: 04 Sec. 16.20.630. HOMER AIRPORT CRITICAL HABITAT AREA 05 ESTABLISHED. (a) The following described area is established as the Homer 06 Airport Critical Habitat Area: 07 (1) Tract A: 08 Township 6 South, Range 13 West, Seward Meridian 09 Section 21: S1/2NE1/4 that portion upland of the 10 ordinary high water line of Beluga Lake, comprising 9.3 acres, 11 more or less; 12 (2) Tract B: 13 Township 6 South, Range 13 West, Seward Meridian 14 Section 21: NE1/4 that portion upland of the ordinary
01 high water line of Beluga Lake that is encompassed by a 02 boundary beginning at the section corner common to Sections 03 15, 16, 21, and 22, Township 6 South, Range 13 West, Seward 04 Meridian; thence proceeding South 00 degrees 01 minute 00 05 seconds East along the section line common to Sections 21 and 06 22, Township 6 South, Range 13 West, Seward Meridian, to the 07 point of intersection with a line located 1,520 feet, more or less, 08 South of and parallel to the northern section line of Section 21, 09 Township 6 South, Range 13 West, Seward Meridian; thence 10 along the line located 1,520 feet, more or less, South of and 11 parallel to the northern section line of Section 21, Township 6 12 South, Range 13 West, Seward Meridian, to the point of 13 intersection with the ordinary high water line of Beluga Lake; 14 thence in a northwesterly direction along the meanders of the 15 ordinary high water line of Beluga Lake to the point of 16 intersection with the West boundary line of NE1/4, Section 21, 17 Township 6 South, Range 13 West, Seward Meridian, being 18 common to the center quarter line of Section 21, Township 6 19 South, Range 13 West, Seward Meridian; thence North 00 20 degrees 01 minute 00 seconds West along the West boundary 21 line of NE1/4, Section 21, Township 6 South, Range 13 West, 22 Seward Meridian, to the point of intersection with the section 23 line common to Sections 16 and 21, Township 6 South, Range 24 13 West, Seward Meridian; thence East along the section line 25 common to Sections 16 and 21, Township 6 South, Range 13 26 West, Seward Meridian, to the point of beginning; comprising 27 70.4 acres, more or less; 28 (3) Tract C: 29 Township 6 South, Range 13 West, Seward Meridian 30 Section 15: S1/2SW1/4, comprising 80 acres, more or 31 less;
01 (4) Tract D: 02 Township 6 South, Range 13 West, Seward Meridian 03 Section 22: NW1/4 that portion northwesterly of a line 04 parallel to, north of, and 750 feet from the monumented runway 05 centerline of the Homer Airport, comprising 60 acres, more or 06 less; 07 (5) Tract E, comprising 74 acres, more or less: 08 Township 6 South, Range 13 West, Seward Meridian 09 Section 15: those portions of SW1/4SE1/4 and 10 E1/2SE1/4 northwesterly of a line parallel to, north of, and 750 11 feet from the monumented runway centerline of the Homer 12 Airport; 13 Section 22: NW1/4NE1/4 that portion northwesterly of 14 a line parallel to, north of, and 750 feet from the monumented 15 runway centerline of the Homer Airport; 16 (6) Tract F: 17 Township 6 South, Range 13 West, Seward Meridian 18 Section 22: NE1/4NE1/4 that portion of Government 19 Lots 5 and 6 southeasterly of a line parallel to, south of, and 20 850 feet from the monumented runway centerline of the Homer 21 Airport, comprising 4 acres, more or less; 22 (7) Tract G, comprising 2.7 acres, more or less: 23 Township 6 South, Range 13 West, Seward Meridian 24 Section 22: NE1/4NE1/4 that portion of Government 25 Lot 9 southeasterly of a line parallel to, south of, and 850 feet 26 from the monumented runway centerline of the Homer Airport; 27 Section 22: NW1/4NE1/4 that portion southeasterly of 28 a line parallel to, south of, and 850 feet from the monumented 29 runway centerline of the Homer Airport. 30 (b) Notwithstanding AS 16.20.500 - 16.20.530, the land in Township 6 South, 31 Range 13 West, Section 21 described in (a) of this section is subject to the following:
01 (1) the right of unobstructed passage by aircraft over the land; 02 (2) the right of aircraft to use the airspace above the land without 03 restrictions on noise, dust, or fumes, other than those imposed under federal and state 04 laws governing air and water quality; 05 (3) the authority of the Department of Transportation and Public 06 Facilities to 07 (A) prohibit the construction of obstructions and permanent 08 structures on the land; 09 (B) clear the land and keep the land clear, including removal 10 of trees, brush, soil, berms, hills, irregularities in the topography, stockpiles, 11 rocks, buildings, structures, and other obstructions; 12 (C) prohibit or remove an activity, installation, or object on the 13 land that 14 (i) creates electrical interference with radio 15 communication or navigational instruments of aircraft or the Homer 16 Airport; 17 (ii) may enhance bird habitat on or in the vicinity of the 18 Homer Airport; 19 (iii) hinders the ability of pilots to distinguish between 20 airport lights and other lights; 21 (iv) results in glare in the eyes of pilots using the Homer 22 Airport; 23 (v) impairs visibility in the vicinity of the Homer 24 Airport; or 25 (vi) endangers the landing, departure, or maneuvering of 26 aircraft at the Homer Airport; 27 (D) prohibit development on the land for any purpose, other 28 than public access across the land; 29 (E) require 30 (i) approval of the Department of Transportation and 31 Public Facilities for the design and construction of access across the
01 land; 02 (ii) relocation of access across the land as necessary to 03 satisfy applicable standards of airport design, safety, and security; 04 (F) install navigational aids on the land; and 05 (G) enter upon the land for the purposes of enforcing or 06 implementing this subsection. 07 (c) Notwithstanding AS 16.20.500 - 16.20.530, the land in Township 6 South, 08 Range 13 West, Sections 15 and 22 described in (a) of this section is subject to the 09 following: 10 (1) the right of unobstructed passage by aircraft over the land; 11 (2) the right of aircraft to use the airspace above the land without 12 restrictions on noise, dust, or fumes, other than those imposed under federal and state 13 laws governing air and water quality; 14 (3) the authority of the Department of Transportation and Public 15 Facilities to 16 (A) prohibit the construction of obstructions and permanent 17 structures extending above the imaginary surface of the Homer Airport as 18 determined under regulations of the Federal Aviation Administration; 19 (B) clear the land and keep the land clear of obstructions 20 extending above the imaginary surface of the Homer Airport as determined 21 under regulations of the Federal Aviation Administration, including removal of 22 trees, brush, soil, berms, hills, irregularities in the topography, stockpiles, rocks, 23 buildings, structures, and other obstructions; 24 (C) prohibit or remove an activity, installation, or object that 25 (i) creates electrical interference with radio 26 communication or navigational instruments of aircraft or the Homer 27 Airport; 28 (ii) may enhance bird habitat on or in the vicinity of the 29 Homer Airport; 30 (iii) hinders the ability of pilots to distinguish between 31 airport lights and other lights;
01 (iv) results in glare in the eyes of pilots using the Homer 02 Airport; 03 (v) impairs visibility in the vicinity of the Homer 04 Airport; or 05 (vi) endangers the landing, departure, or maneuvering of 06 aircraft at the Homer Airport; 07 (D) enter upon the land for the purposes of enforcing or 08 implementing this subsection. 09 (d) The Department of Fish and Game shall cooperate with the Department of 10 Transportation and Public Facilities in implementing (b) and (c) of this section. 11 (e) Neither the Department of Fish and Game nor another person may create, 12 develop, or enhance bird habitat within the Homer Airport Critical Habitat Area. 13 (f) The state land described in (a) of this section may not be transferred to 14 municipal or private ownership or to another state agency unless covenants or 15 easements in the land, containing provisions substantially similar to (b) and (c) of this 16 section, are reserved to the Department of Transportation and Public Facilities for the 17 benefit of the Homer Airport. 18 (g) The Department of Fish and Game shall establish and appoint an advisory 19 committee to work with the department and advise on the management of the Homer 20 Airport Critical Habitat Area. The department shall consult with the advisory 21 committee if the department develops a management plan for the critical habitat area. 22 Among appointments to the advisory committee, the department shall include 23 (1) industry and commercial users and hunters, trappers, fishermen, and 24 recreational users recommended by the City of Homer; 25 (2) an official representing the City of Homer; and 26 (3) a representative of the Department of Transportation and Public 27 Facilities.