00CS FOR SENATE BILL NO. 230(RES)                                                                                         
01 "An Act relating to management of state land, water, and land and water as                                              
02 part of a state park, recreational or special management area, or preserve;                                             
03 relating to reports to the legislature concerning prohibitions or restrictions of                                       
04 traditional means of access for traditional recreational uses within a park,                                            
05 recreational or special management area, or preserve; and relating to Denali State                                      
06 Park."                                                                                                                  
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1.  AS 41.21.020(a) is amended to read:                                                                    
09  (a)  The department shall                                                                                             
10   (1)  develop a continuing plan for the conservation and maximum use in                                               
11 the public interest of the scenic, historic, archaeologic, scientific, biological, and                                  
12 recreational resources of the state;                                                                                    
13   (2)  plan for and develop a system of state parks and recreational                                                   
14 facilities, to be established as the legislature authorizes and directs;                                                

01   (3)  acquire by gift, purchase, or transfer from state or federal agencies,                                          
02 or from individuals, corporations, partnerships, or associations, land necessary, suitable,                         
03 and proper for roadside, picnic, recreational, or park purposes;                                                        
04   (4)  develop, manage, and maintain state parks and recreational areas;                                               
05   (5)  provide for the acquisition, care, management, supervision,                                                     
06 improvement, development, extension, and maintenance of public recreational land, and                                   
07 make necessary arrangements, contracts, or commitments for the improvement and                                          
08 development of land acquired under AS 41.21.010 - 41.21.040; contracting for                                            
09 improvement and development under this paragraph is governed by AS 36.30 (State                                         
10 Procurement Code);                                                                                                      
11   (6)  adopt, in accordance with this section and AS 44.62 (Administrative                                             
12 Procedure Act), regulations governing the use and designating incompatible uses within                                  
13 the boundaries of state park and recreational areas to protect the property and to preserve                             
14 the peace;                                                                                                              
15   (7)  cooperate with the United States and its agencies and local                                                     
16 subdivisions of the state to secure the effective supervision, improvement, development,                                
17 extension, and maintenance of state parks, state monuments, state historical areas, and                                 
18 state recreational areas, and secure agreements or contracts for the purpose of                                         
19 AS 41.21.010 - 41.21.040;                                                                                               
20   (8)  encourage the organization of state public park and recreational                                                
21 activities in the local political subdivisions of the state;                                                            
22   (9)  provide for consulting service designed to develop local park and                                               
23 recreation facilities and programs;                                                                                     
24   (10)  provide clearinghouse services for other state agencies concerned                                              
25 with park and recreation matters;                                                                                       
26   (11)  perform other duties as are prescribed by executive order or by law;                                           
27   (12)  maintain memorials to Alaska veterans located in state parks; [AND]                                            
28   (13)  adopt, in accordance with AS 44.62 (Administrative Procedure Act),                                             
29 regulations governing the use of the Chena River State Recreation Area and designating                                  
30 incompatible uses within the boundaries of the Chena River State Recreation Area in                                     
31 accordance with AS 41.21.490; and                                                                                      

01   (14)  annually, by the first day of each regular session of the                                                      
02 legislature, submit a report to the legislature on each designation of an incompatible                                  
03 use under this chapter, or other action, that prohibits or restricts a traditional                                      
04 means of access across a park, area, or preserve established under this chapter for                                     
05 a traditional recreational activity on or within the park, area, or preserve; for each                                  
06 prohibition or restriction, the report must state reasons for the designation of                                        
07 incompatibility or prohibition or restriction of a traditional means of access, the                                     
08 specific area of the prohibition or restriction, and the time period during which the                                   
09 incompatibility or prohibition or restriction is expected to exist; in this paragraph,                                  
10   (A)  "traditional means of access" means those types of                                                             
11 transportation on, to, or in the state land, water, or land and water, for                                              
12 which a popular pattern of use has developed; the term includes general or                                              
13 commercial aviation, ballooning, motorized and nonmotorized boating,                                                    
14 snowmachining, operation of all-terrain vehicles, mushing, skiing,                                                      
15 snowshoeing, and walking;                                                                                               
16   (B)  "traditional recreational activity" means those personal                                                       
17 or commercial types of activities that people may utilize for sport, exercise,                                          
18 subsistence, or personal enjoyment, including hunting, fishing, trapping, or                                            
19 gathering, and that have historically been conducted as part of an individual,                                          
20 family, or community life pattern on or in the state land, water, or land and                                           
21 water.                                                                                                                 
22    * Sec. 2.  AS 41.21.020 is amended by adding a new subsection to read:                                               
23  (d)  Notwithstanding (a)(3) of this section, the department may not manage as                                         
24 part of a park, area, or preserve established under AS 41.21.110 - 41.21.630, land, water,                              
25 or land and water that is not within the boundaries, as designated by the legislature, of                               
26 the park, area, or preserve.                                                                                            
27    * Sec. 3.  AS 41.21 is amended by adding a new section to read:                                                      
28  Sec. 41.21.155.  INCOMPATIBLE USES.  (a)  The commissioner may designate                                              
29 by regulation incompatible uses within the land and water areas described in                                            
30 AS 41.21.151.                                                                                                           
31  (b)  Use of a weapon in the Denali State Park shall be allowed except in unique                                       

01 areas that may be closed for purposes of public safety by regulation by the                                             
02 commissioner.                                                                                                           
03  (c)  The regulations governing public use of the Denali State Park must                                               
04   (1)  provide ample access for legal sport and subsistence hunting and                                                
05 fishing, trapping, and recreational uses; except to protect public safety, the commissioner                             
06 may not restrict the exercise of sport or subsistence fishing or hunting or trapping                                    
07 permitted under law or under a regulation of the Board of Fisheries or the Board of                                     
08 Game within the Denali State Park;                                                                                      
09   (2)  recognize that the current practice of traditional subsistence and                                              
10 recreational activities includes the use of small outboard motors and snow machines;                                    
11   (3)  permit reasonable access by aircraft for recreational purposes; and                                             
12   (4)  provide ample access for recreational mining.                                                                   
13     * Sec. 4.  Regulations that have not taken effect before the effective date of this Act and are                     
14 in the process of being adopted by the Department of Natural Resources concerning Denali State                          
15 Park and uses within Denali State Park may only take effect to the extent the regulations are                           
16 consistent with the provisions of this Act.  Regulations adopted by the Department of Natural                           
17 Resources concerning Denali State Park and uses within Denali State Park that take effect in                            
18 1996 before this Act takes effect, are annulled.