Secs. 41.05.010 — 41.05.030. Hydrological data. [Repealed, § 4 ch 41 SLA 1977. For current law, see AS 41.08.017, 41.08.020(b) and 41.08.035.]

Secs. 41.05.040 — 41.05.100. Mineral resources. [Renumbered as AS 41.98.010 — 41.98.100.]

Sec. 41.06.005. Jurisdiction over geothermal resources.

1. The commission has jurisdiction under this chapter over geothermal wells to prevent waste, to protect correlative rights, and to ensure public safety.
2. The Department of Natural Resources has jurisdiction under this chapter over management of geothermal leases and units in the public interest and to effect development.

History. (§ 3 ch 38 SLA 2010)

Sec. 41.06.010. Waste prohibited; investigation.

The waste of geothermal resources in the state is prohibited. The commission may investigate to determine whether waste exists or is imminent, or whether other facts exist that justify or require action by the commission to prohibit waste.

History. (§ 6 ch 175 SLA 1980; am § 4 ch 38 SLA 2010)

Administrative Code. —

For geothermal unitization, see 11 AAC 84, art. 8.

For drilling of geothermal wells, see 11 AAC 87, art. 3.

Sec. 41.06.020. Authority of commission; application.

1. The commission has jurisdiction over all persons and property, public and private, necessary to carry out the purposes and intent of this chapter.
2. The authority of the commission applies to all land in the state lawfully subject to the police power of the state, including private land, municipal land, state land, land of the United States, and land subject to the jurisdiction of the United States, and to all land included in a voluntary cooperative or unit plan of development or operation entered into in accordance with AS 38.05.181 . When land that is subject to the commission’s authority is committed to a unit agreement involving land subject to federal jurisdiction, the operation of this chapter or a part of this chapter may be suspended if
   1. the unit operations are regulated by the United States; and
   2. the conservation of geothermal resources is accomplished under the unit agreement.
3. This chapter applies
   1. to wells drilled in search of, in support of, or for the recovery or production of geothermal resources;
   2. when a person engaged in drilling activity not otherwise subject to the provisions of this chapter encounters geothermal resources, fluid, or water of sufficient heat or pressure to constitute a threat to human life or health unless the drilling operation is subject to oil and gas drilling regulation under AS 31.05;
   3. in areas and under conditions in which the commission determines that drilling may encounter geothermal resources, fluid, or water of sufficient heat or pressure to constitute a threat to human life or health.
4. To the extent the provisions of AS 31.05 do not conflict with the provisions of this chapter, the provisions of AS 31.05 are applicable to wells drilled in search of, in support of, or for the recovery or production of geothermal resources.
5. Nothing in this chapter limits the authority of the department
   1. over geothermal resources under AS 38.05.181 ; or
   2. to approve and manage geothermal units or operations that include state land.

History. (§ 6 ch 175 SLA 1980; am § 5 ch 38 SLA 2010)

Administrative Code. —

For fees for department services, see 11 AAC 5.

For geothermal unitization, see 11 AAC 84, art. 8.

For applicability, see 11 AAC 87, art. 1.

For exploratory operations, see 11 AAC 87, art. 2.

For drilling of geothermal wells, see 11 AAC 87, art. 3.

For production, see 11 AAC 87, art. 4.

Effect of amendments. —

The 2010 amendment, effective July 1, 2010, repealed and reenacted this section.

Sec. 41.06.030. Unitization.

1. The commissioner shall require the filing and approval of a plan of development and operation on a geothermal system that includes state land.
2. Lessees of all or part of a geothermal system that includes state land may enter into a unit agreement for cooperative development, with the approval of the commissioner. The commissioner may suspend or modify the approved development plan in accordance with the unit agreement.
3. If the owners of at least two-thirds of the leasehold interests in a geothermal system ratify a unit agreement approved under (b) of this section by the commissioner, the commissioner may enforce the agreement as to lessees not a party to the agreement by allocating production under the principle of correlative rights and by apportioning costs and revenues.
4. [Repealed, § 18 ch 38 SLA 2010.]
5. The commissioner may adopt regulations under AS 44.62 to carry out the purposes and intent of this chapter for duties assigned to the department, including the promotion of maximum economic recovery.

History. (§ 6 ch 175 SLA 1980; am §§ 6 — 9, 18 ch 38 SLA 2010)

Administrative Code. —

For geothermal unitization, see 11 AAC 84, art. 8.

For drilling of geothermal wells, see 11 AAC 87, art. 3.

Effect of amendments. —

The 2010 amendment, effective July 1, 2010, in (a), substituted “a geothermal system that includes state land” for “each producing geothermal system and may issue well-spacing and pooling orders, limits on production, and reinjection requirements, in order to prevent waste, promote maximum economic recovery, and protect correlative rights”; in (b), added “that includes state land” following “part of a geothermal system”; in (c), added “under (b) of this section” following “ratify a unit agreement approved”; repealed (d), which read, “Lease operations under an approved development plan or unit agreement are considered to be in compliance with individual lease requirements.”; added (e).

Sec. 41.06.035. Reservoir management; commission’s regulations.

1. The commission may issue well-spacing and pooling orders, place limits on production, and impose reinjection requirements for the purpose of preventing waste and to protect correlative rights in a geothermal system.
2. The commission may adopt regulations under AS 44.62 and issue orders appropriate to carry out the purposes and intent of this chapter for duties assigned to the commission, including orders regarding the establishment of drilling units for pools as set out in AS 31.05.100 and orders regarding unitized operation and integration of interests as set out in AS 31.05.110 .

History. (§ 10 ch 38 SLA 2010)

Sec. 41.06.040. Regulations; requirements; inspections.

1. The commission shall adopt regulations under AS 44.62 (Administrative Procedure Act), issue orders, and take other appropriate action to carry out the purposes and intent of this chapter, including adopting regulations to prevent
   1. geothermal resources, water or other fluids, and gases from escaping into strata other than that in which they are found, unless in accordance with an approved reinjection program;
   2. contamination of surface and groundwater;
   3. premature degradation of a geothermal system by water encroachment or otherwise;
   4. blowouts, cavings, and seepage; and
   5. unreasonable disturbance or injury to neighboring properties, prior water rights, prior oil or gas rights, human life, health, and the natural environment.
2. The commission shall require the operator of a geothermal well to file an adequate individual or blanket surety bond to ensure compliance with regulations adopted under this section.
3. The commission shall require a geothermal operator to notify the commission if the operator discovers significant quantities of hydrocarbon substances, helium, or fissionable materials.
4. The commission and its staff may enter upon any property, public or private, to inspect a geothermal operation for compliance with regulations adopted under this section.
5. [Repealed, § 18 ch 38 SLA 2010.]

History. (§ 6 ch 175 SLA 1980; am §§ 11 — 14, 18 ch 38 SLA 2010)

Administrative Code. —

For geothermal unitization, see 11 AAC 84, art. 8.

For applicability, see 11 AAC 87, art. 1.

For exploratory operations, see 11 AAC 87, art. 2.

For drilling of geothermal wells, see 11 AAC 87, art. 3.

For production, see 11 AAC 87, art. 4.

Effect of amendments. —

The 2010 amendment, effective July 1, 2010, repealed and reenacted (a); in (b), substituted “commission” for “commissioner”, “require” for “cause”, and made stylistic changes; in (c), substituted “commission” for “commissioner” and for “department” respectively; in (d), substituted “commission and its staff” for “commissioner”; repealed (e).

Sec. 41.06.050. Permits to drill.

1. A person shall apply for and receive a permit from the commission before drilling a well in
   1. search of geothermal resources; or
   2. support of the recovery or production of geothermal resources.
2. The application required in (a) of this section must contain sufficient information to enable the commission to determine if the operation of the well will interfere with or impair a prior water, oil, or gas right.
3. A person must submit a separate permit application for each well. The permit application must be in the form or format required by the commission and include all information required by the commission.
4. As soon as practicable after receiving an application under (a) of this section, the commission shall approve or deny the application for a permit to drill.
5. In making the determination under (d) of this section, the commission shall consider whether the
   1. proposed well will significantly interfere with or substantially impair a prior water, oil, or gas right;
   2. proposed well is contrary to a provision of this chapter, a regulation adopted by the commission, another law, or an order, stipulation, or term of a permit issued by the commission; and
   3. applicant is in violation of a provision of this chapter, a regulation adopted by the commission, another law, or an order, stipulation, or term of a permit issued by the commission; the commission shall consider the magnitude of the violation.

History. (§ 6 ch 175 SLA 1980; am § 15 ch 38 SLA 2010)

Administrative Code. —

For geothermal unitization, see 11 AAC 84, art. 8.

For exploratory operations, see 11 AAC 87, art. 2.

For drilling of geothermal wells, see 11 AAC 87, art. 3.

For production, see 11 AAC 87, art. 4.

Effect of amendments. —

The 2010 amendment, effective July 1, 2010, repealed and reenacted the section.

Sec. 41.06.055. Regulatory cost charge for geothermal wells.

1. Each person that, on the first day of a state fiscal year, operates a well within the jurisdiction of the commission for which a permit to drill has been issued under AS 41.06.050 shall pay to the commission an annual regulatory charge for each well that has not, before the first day of that state fiscal year, been
   1. plugged and abandoned; and
   2. reported as abandoned in accordance with regulations of the commission.
2. The commission shall annually determine the regulatory cost charge to be paid under this section. The regulatory cost charge to be paid by a person for a state fiscal year must be based on the total volume during the most recent calendar year for the wells described in (a) of this section of which the person was the operator on the first day of the fiscal year as a percentage of the total volume during the same calendar year for all wells described in (a) of this section. In this subsection, “total volume” means the sum of the volume of all geothermal resources produced from a well and all fluids and substances injected or otherwise artificially introduced into the well.
3. The commission shall determine the regulatory cost charges levied under this section so that the total amount to be collected approximately equals the appropriations made for the operating costs of the commission that have been incurred under this chapter for the fiscal year.
4. The commission shall collect the regulatory cost charges imposed under this section. The Department of Administration shall identify the amount of appropriations made for the operating costs of the commission under this chapter that lapse into the general fund each year. The legislature may appropriate an amount that is at least equal to the lapsed amount to the commission for its operating costs under this chapter for the next fiscal year. If the legislature makes an appropriation to the commission under this subsection that is equal to or greater than the lapsed amount, the commission shall reduce the total regulatory cost charge collected for that fiscal year by a comparable amount.
5. The commission may adopt regulations relating to the investigation of the accuracy of reported information and for collecting required payments under this section.

History. (§ 16 ch 38 SLA 2010)

Sec. 41.06.060. Definitions.

In this chapter, unless the context otherwise requires,

1. “commercial use” means the sale of heat or power to a third party;
2. “commission” means the Alaska Oil and Gas Conservation Commission created under AS 31.05.005 ;
3. “correlative rights” means the right of an owner of each property in a geothermal system to produce without waste the owner’s just and equitable share of the geothermal resources in the geothermal system; a just and reasonable share is an amount, so far as can be practically determined and so far as can be practically produced without waste, that is substantially in proportion to the quantity of recoverable geothermal resources under the owner’s property relative to the total recoverable geothermal resources in the geothermal system;
4. “geothermal fluid” means liquids and steam at temperatures greater than 120 degrees Celsius or any commercial use of liquids and steam naturally present in a geothermal system at temperatures less than 120 degrees Celsius;
5. “geothermal resources”
   1. means the natural heat of the earth at temperatures greater than 120 degrees Celsius, or any use of that heat for commercial purposes, measured at the point where the highest-temperature resources encountered enter or contact a well or other resource extraction device or any commercial use of the natural heat of the earth;
   2. includes
      1. the energy, including pressure, in whatever form present in, resulting from, created by, or that may be extracted from that natural heat;
      2. the material medium, including steam and other gases, hot water, and hot brines constituting the geothermal fluid naturally present, as well as substances artificially introduced to serve as a heat transfer medium; and
      3. all dissolved or entrained minerals and gases that may be obtained from the material medium, but excluding hydrocarbon substances and helium;
6. “geothermal system” means a stratum, pool, reservoir, or other geologic formation containing geothermal resources;
7. “operator” means a person drilling, maintaining, operating, producing, or in control of a well;
8. “owner” means the person who has the right to drill into or produce from a geothermal system and to appropriate the geothermal resources produced from a geothermal system for that person and others;
9. “waste” means, in addition to its ordinary meaning, physical waste, and includes an inefficient, excessive, or improper production, use, or dissipation of geothermal resources, including
   1. drilling, transporting, or storage methods that cause or tend to cause unnecessary surface loss of geothermal resources;
   2. locating, spacing, drilling, equipping, operating, producing, or venting of a well in a manner that results or tends to result in reducing the ultimate economic recovery of geothermal resources;
10. “well” means a well drilled, converted, or reactivated for the discovery, testing, production, or subsurface injection of geothermal resources.

History. (§ 6 ch 175 SLA 1980; am § 43 ch 85 SLA 1988; am § 17 ch 38 SLA 2010)

Cross references. —

For additional definitions, see AS 41.99.900 .

Administrative Code. —

For geothermal unitization, see 11 AAC 84, art. 8.

For drilling of geothermal wells, see 11 AAC 87, art. 3.

Effect of amendments. —

The 2010 amendment, effective July 1, 2010, repealed and reenacted the section, adding the definitions of “commercial use” and “commission”, and reorganizing the definition of “geothermal resources”.

Sec. 41.08.010. Division of geological and geophysical surveys.

There is established in the department a division of geological and geophysical surveys under the direction of the state geologist.

History. (§ 1 ch 93 SLA 1972)

Sec. 41.08.015. State geologist.

The commissioner shall appoint the state geologist, who must be qualified by education and experience to direct the activities of the division.

History. (§ 1 ch 93 SLA 1972)

Sec. 41.08.017. Hydrological and seismic hazard data declared to be of public interest.

1. Systematic collection, recording, evaluation, and distribution of data on the quantity, location, and quality of water of the state in the ground, on the surface of the ground, or along the coasts, are in the public interest and necessary to the orderly domestic and industrial development of the state.
2. Systematic collection, evaluation, archival, and distribution of geologic data and information on earthquakes, volcanic eruptions, and engineering geology and identification of potential seismic, volcanic, and other geological hazards throughout the state are in the public interest and necessary to orderly, safely, and cost-effective development in the state.

History. (§ 1 ch 41 SLA 1977; am § 1 ch 101 SLA 1983; am § 3 ch 36 SLA 1987)

Sec. 41.08.020. Powers and duties.

1. The state geologist shall conduct geological and geophysical surveys to determine the potential of Alaskan land for production of metals, minerals, fuels, and geothermal resources; the locations and supplies of groundwater and construction materials; the potential geologic hazards to buildings, roads, bridges, and other installations and structures; and shall conduct such other surveys and investigations as will advance knowledge of the geology of the state. With the approval of the commissioner, the state geologist may acquire, by gift or purchase, geological and geophysical reports, surveys, and similar information.
2. In addition, the division of geological and geophysical surveys shall:
   1. collect, record, evaluate, and distribute data on the quantity, quality, and location of underground, surface, and coastal water of the state;
   2. publish or have published data on the water of the state;
   3. require the filing with it of the results and findings of surveys of water quality, quantity, and location;
   4. require of water well contractors, the filing with it of basic water and aquifer data normally obtained, including but not limited to well location, estimated elevation, well driller’s logs, pumping tests and flow measurements, and water quality determinations;
   5. accept and spend funds for the purposes of this section, AS 41.08.017 , and 41.08.035 and enter into agreements with individuals, public or private agencies, communities, private industry, state agencies, and agencies of the federal government;
   6. collect, evaluate, and distribute geologic data on seismic events and engineering geology of the state;
   7. identify potential seismic hazards that might affect development in the state;
   8. inform public officials and industry about potential seismic hazards that might affect development in the state.

History. (§ 1 ch 93 SLA 1972; am § 2 ch 41 SLA 1977; am § 7 ch 175 SLA 1980; am § 2 ch 101 SLA 1983; am § 4 ch 36 SLA 1987)

Cross references. —

For declaration of legislative policy on geothermal resources, see § 1, ch. 175, SLA 1980, in the Temporary and Special Acts.

Sec. 41.08.025. Accounting and disposition of receipts. [Repealed, § 28 ch 90 SLA 1991. For current law, see AS 37.05.142 — 37.05.144.]

Sec. 41.08.030. Printing and distribution of reports.

The state geologist shall print and publish an annual report and other special and topical reports and maps as may be desirable for the benefit of the state, including the printing or reprinting of reports and maps made by other persons or agencies, where authorization to do so is obtained.

History. (§ 1 ch 93 SLA 1972; am § 2 ch 27 SLA 2016)

Effect of amendments. —

The 2016 amendment, effective July 1, 2016, deleted “such” preceding “other special”, deleted the last sentence, related to the sale of reports and maps.

Sec. 41.08.035. Regulations.

The department may adopt regulations relating to and providing for the systematic collection, recording, and distribution of data on the water of the state.

History. (§ 3 ch 41 SLA 1977)

Sec. 41.08.040. Cooperation with other agencies.

The state geologist, with the consent of the commissioner, may enter into cooperative agreements with federal, state, and local governmental agencies to perform geological and geophysical surveys, studies, investigations, and services.

History. (§ 1 ch 93 SLA 1972)

Sec. 41.08.045. Fees for facilities, equipment, products, and services.

1. Except as provided in (c) of this section, the division of geological and geophysical surveys may charge and collect a fee for facilities, equipment, products, or services that the division offers, including
   1. rental of space for confidential sample storage;
   2. rental of sample viewing facilities;
   3. retrieval, cutting, splitting, processing, or sampling of geological materials;
   4. use of equipment, including microscopes; and
   5. analyses, maps, reports, data, or products authorized by the division.
2. The division of geological and geophysical surveys shall establish fees that may be charged and collected under (a) of this section by regulation. Before setting the fees, the division shall consider, at public hearings, the
   1. cost to the state of operating the facility or providing the service or equipment;
   2. normal fees charged for similar facilities, equipment, or services by governmental and nongovernmental entities;
   3. cost of administering a fee collection program for the facility, equipment, or service; and
   4. public interest.
3. The division shall waive fees under this section for a student who uses facilities, equipment, products, or services for educational purposes.
4. Fees collected under this section shall be separately accounted for under AS 37.05.142 .

History. (§ 3 ch 27 SLA 2016)

Sec. 41.09.010. Exploration incentive credits.

History. [Repealed, § 33 ch 4 4SSLA 2016.]

Sec. 41.09.020. Regulations.

History. [Repealed, § 33 ch 4 4SSLA 2016.]

Sec. 41.09.030. Relationship to AS 38.05.

History. [Repealed, § 33 ch 4 4SSLA 2016.]

Sec. 41.09.090. Definitions.

History. [Repealed, § 33 ch 4 4SSLA 2016.]

Sec. 41.10.010. Declaration of policy.

The farm, forest, and grazing land of the state is a basic asset of the state. It is the policy of this chapter, in the interest of the health, safety, and general welfare of the people of the state, to provide for the development, use, and conservation of this land in accordance with its capabilities.

History. (§ 47-4-2 ACLA 1949)

Sec. 41.10.020. Creation and boundaries of soil conservation district. [Repealed, § 14, ch 69 SLA 1983.]

Sec. 41.10.030. Purpose of chapter.

The purpose of this chapter is to provide for the orderly development of land, for guiding settlement, and for conserving soil and water and soil resources and controlling and preventing soil erosion.

History. (§ 47-4-3 ACLA 1949; am § 1 ch 69 SLA 1983)

Sec. 41.10.040. Natural Resource Conservation and Development Board.

The Alaska Natural Resource Conservation and Development Board is composed of five members. The commissioner or, in the absence of the commissioner, the director of agriculture, serves ex officio but without a vote on the board.

History. (§ 47-4-4 ACLA 1949; am § 1 ch 82 SLA 1960; am § 2 ch 69 SLA 1983; am § 1 ch 127 SLA 1996)

Sec. 41.10.045. Executive director.

The commissioner shall appoint an executive director and clerical staff to assist the board.

History. (§ 3 ch 69 SLA 1983)

Sec. 41.10.050. Appointment.

The governor shall appoint members of the board subject to confirmation by a majority of the members of the legislature in joint session.

History. (§ 47-4-4 ACLA 1949; am § 1 ch 82 SLA 1960)

Sec. 41.10.060. Qualifications of board members.

Members of the board shall be resident bona fide users of land selected from the five major land areas of the state.

History. (§ 47-4-4 ACLA 1949; am § 1 ch 82 SLA 1960; am § 4 ch 69 SLA 1983)

Sec. 41.10.065. Major land areas of the state.

The five major land areas of the state are:

1. the Arctic and northwest Alaska;
2. the Yukon and Tanana Valleys;
3. southwest Alaska and the Kenai Peninsula;
4. southcentral Alaska; and
5. southeast Alaska.

History. (§ 5 ch 69 SLA 1983)

Sec. 41.10.070. Term of office.

The term of office of members is three years.

History. (§ 47-4-4 ACLA 1949; am § 1 ch 82 SLA 1960; am § 6 ch 69 SLA 1983)

Sec. 41.10.075. Board meetings.

The board shall hold one regular meeting annually at the state capital and one or more additional meetings at a time and place in the state selected by the board.

History. (§ 7 ch 69 SLA 1983)

Sec. 41.10.080. Vacancies.

The governor shall fill vacancies by appointment for the unexpired term.

History. (§ 47-4-4 ACLA 1949; am § 1 ch 82 SLA 1960)

Sec. 41.10.090. Compensation and per diem.

Members receive no salary but receive the same per diem and travel expenses authorized for members of state boards.

History. (§ 47-4-4 ACLA 1949; am § 1 ch 82 SLA 1960)

Cross references. —

For per diem and travel expenses, see AS 39.20.180 .

Sec. 41.10.100. Duties of board.

1. At the request of the commissioner, the board shall meet and advise the commissioner in the exercise of the powers, duties, and functions of the commissioner.
2. The board shall also
   1. receive and review reports concerning the use of soil resources of the state;
   2. hold public hearings and meetings to determine whether land in the state is being used in a manner consistent with sound soil and water conservation practices;
   3. make recommendations for specific action necessary to provide for the effective and orderly development of agricultural, forest, and grazing land in the state;
   4. review an appeal by an applicant or lessee from a decision of the director of the division of lands concerning a sale or lease of state agricultural or grazing land and submit its recommendations to the commissioner or hearing officer;
   5. act in an advisory capacity to the soil and water conservation districts in the state;
   6. act in an advisory capacity to the commissioner and director of the division of the department with responsibility for agriculture in the review of farm conservation plans for all state agricultural land sales in the state.

History. (§ 47-4-4 ACLA 1949; am § 1 ch 82 SLA 1960; am §§ 8, 9 ch 69 SLA 1983; am § 88 ch 21 SLA 2000; am § 18 ch 22 SLA 2001; am § 51 ch 41 SLA 2009)

Effect of amendments. —

The 2009 amendment, effective June 21, 2009, in (b)(6), added “the department with responsibility for” following “director of the division of”.

Sec. 41.10.110. Powers of commissioner.

The commissioner has the power to

1. conduct land capability surveys and investigations of potential agricultural areas and of soil conservation and erosion control, including necessary preventative and control measures, in the state; to publish the results of these surveys and investigations and to disseminate information concerning the results of the surveys and investigations to prospective settlers and the general public;
2. make technical guidance and other assistance available to settlers of new land to assure the development of the land in a manner that will permit it to be used in accordance with its capabilities and treated in accordance with its needs;
3. carry out measures for soil conservation and erosion control within the state, including engineering operations, methods of cultivation, the growing of vegetation, and changes in use of land, with the consent and cooperation of the land user or agency having jurisdiction of the land;
4. cooperate with, furnish assistance to, and enter into agreements with, a user of land or agency within the state;
5. construct, improve, and maintain soil erosion control and conservation structures as are necessary and practical for carrying out the purposes of this chapter;
6. develop comprehensive plans for the conservation of soil and control of soil erosion within the state, cropping programs, tillage practices and changes in land use, and publish plans and information and bring them to the attention of users of land within the state;
7. accept contributions in money, services, materials, or equipment from the United States or its agencies, from an agency of the state, and from any other source, for use in carrying out the purposes of this chapter.

History. (§ 47-4-5(1 — 7) ACLA 1949; am §§ 2, 3 ch 82 SLA 1960; am § 10 ch 69 SLA 1983)

Sec. 41.10.120. Approval of land user.

A survey, investigation or plan for land may not be undertaken by the commissioner and measures for soil conservation and erosion control may not be carried out without the prior approval of the user of the land.

History. (§ 47-4-5(8) ACLA 1949; am § 11 ch 69 SLA 1983)

Sec. 41.10.130. Creation and boundaries of soil and water conservation districts.

1. The commissioner may, on the recommendation of the board, create soil and water conservation districts in the state upon petition signed by 25 or more land users setting out the proposed boundaries of the proposed district.  The commissioner shall fix a time for and give notice of a public hearing based on the petition at a convenient location or locations within the boundaries of the proposed district.  The commissioner may fix the boundaries of the district created, supervise the election of, prescribe the duties of, and install a governing body of five land users to be known as district supervisors for each district created, and delegate to the district supervisors powers as the commissioner considers necessary to accomplish the purposes of this chapter within the district boundaries.
2. The area of the state that is not located within a district organized under (a) of this section shall be governed by the board.

History. (§ 47-4-5(9) ACLA 1949; am § 3 ch 82 SLA 1960; am § 12 ch 69 SLA 1983)

Sec. 41.10.140. Definitions.

In this chapter,

1. “board” means the Alaska Natural Resource Conservation and Development Board;
2. “land user” or “user of land” means a person who
   1. is a producer of renewable resources, including farming and forestry; and
   2. has a current cooperative agreement with a soil and water conservation district.

History. (§ 47-4-5(9) ACLA 1949; am § 3 ch 82 SLA 1960; am § 13 ch 69 SLA 1983; am § 2 ch 127 SLA 1996)

Cross references. —

For additional definitions, see AS 41.99.900 .

Sec. 41.10.150. Short title. [Repealed, § 14 ch 69 SLA 1983.]

Secs. 41.14.150 — 41.14.200. Enforcement authority; duty to arrest; form and issuance of citation; power to execute warrant; power to search without warrant; seizure and disposition of equipment; forfeiture of equipment; power to administer oaths. [Repealed § 38, E.O. No. 114 (2008).]

Secs. 41.14.840 — 41.14.900. Fishway required; hatchery required; penalty for violating fishway and hatchery requirements; protection of fish and game; construction without approval prohibited; exemption for emergency situations; penalty for causing material damage; penalty for violations of AS 41.14.870 — 41.14.895. [Repealed § 38, E.O. No. 114 (2008).]

Sec. 41.14.990. Definitions. [Repealed, § 38, E.O. No. 114 (2008).]

Sec. 41.15.010. Intent.

It is the intent of AS 41.15.010 — 41.15.170 to provide protection from wildland fire and other destructive agents, commensurate with the values at risk, on forested land that is owned privately, by the state, or by a municipality.

History. (§ 1 ch 138 SLA 1961; am § 1 ch 88 SLA 1984; am § 3 ch 22 SLA 2008; am § 2 ch 63 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective July 21, 2018, inserted “forested” preceding “land that is owned privately”. Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 27, ch. 63, SLA 2018, the governor did not sign the bill until July 20, 2018, and so the actual effective date of the amendment was July 21, 2018, under AS 01.10.070(d) .

Sec. 41.15.020. Regulations.

The commissioner shall, by regulation, make provision for the protection of forested land in the state from fire and other destructive agents.

History. (§ 2 ch 138 SLA 1961)

Administrative Code. —

For appeals, see 11 AAC 2.

For forest fire protection, see 11 AAC 95, art. 6.

Effect of amendments. —

The 2018 amendment, effective July 21, 2018, substituted “division of forestry” for “division of lands” following “an employee of”, substituted “, when responding to a wildland fire or suspected wildland fire or administering the provisions of this chapter,” for “at any time” following “United States or the state may”, inserted “investigating,” following “purpose of preventing” near the end; added (b). Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 27, ch. 63, SLA 2018, the governor did not sign the bill until July 20, 2018, and so the actual effective date of the amendment was July 21, 2018, under AS 01.10.070(d) .

Sec. 41.15.025. Fire protection on mental health trust land.

Land that is in the mental health trust is, for the purpose of wild fire suppression, land owned by the state.

History. (§ 14 ch 66 SLA 1991)

Sec. 41.15.030. Contracts for forest protection; emergency firefighters.

1. The commissioner may enter into necessary protection contracts.
2. The commissioner may hire emergency firefighting personnel, and shall establish classifications and rates of pay for the emergency firefighting personnel consistent with the compensation paid by other firefighting agencies. The commissioner may adjust the classifications and rates based on findings of the federal Bureau of Land Management for Alaska. The commissioner may assign emergency firefighting personnel to conduct fire suppression, hazard reduction, fire prevention, habitat restoration or improvement, and other related activities in emergency and nonemergency circumstances. The assignment of emergency firefighting personnel to nonemergency activities may not be used to replace permanent or seasonal state employees. The commissioner may not use appropriations to the department from state general funds for emergency firefighting personnel engaged in nonemergency activities under this section.

History. (§ 2 ch 138 SLA 1961; am § 1 ch 100 SLA 1976; am § 2 ch 88 SLA 1984; am § 2 ch 121 SLA 1996)

Sec. 41.15.040. Right of entry to control and suppress fires.

1. Upon approval by the commissioner or an authorized agent, an employee of the division of  forestry, or of any organization authorized to prevent, control, or suppress a fire or a destructive agent, and others assisting in the control or suppression of a fire upon request of an officer or employee of the United States or the state may , when responding to a wildland fire or suspected wildland fire or administering the provisions of this chapter, enter upon any land, whether publicly or privately owned, for the purpose of preventing,  investigating, suppressing, or controlling a wildland fire or a destructive agent.
2. A person may not interfere with or prohibit the access authorized under (a) of this section.

History. (§ 2 ch 138 SLA 1961; am § 4 ch 22 SLA 2008; am §§ 3, 4 ch 63 SLA 2018)

Effect of amendments.

The 2018 amendment, effective July 21, 2018, in (a), substituted “division of forestry” for “division of lands” following “an employee of”, substituted “, when responding to a wildland fire or suspected wildland fire or administering the provisions of this chapter,” for “at any time” following “United States or the state may”, inserted “investigating,” following “purpose of preventing,” near the end; added (b). Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 27, ch. 63, SLA 2018, the governor did not sign the bill until July 20, 2018, and so the actual effective date of the amendment was July 21, 2018, under AS 01.10.070(d) .

Sec. 41.15.045. Civil immunity.

1. Notwithstanding other provisions of law, a person may not bring a civil action for damages for death, personal injury, or property damage that results from an act or omission in performing or failing to perform activities or duties arising out of prevention, monitoring, control, or suppression of fires authorized to be performed under AS 41.15.010 — 41.15.170 against
   1. the state or its officers, agents, and employees;
   2. a political subdivision of the state or its officers, agents, and employees;
   3. any organization authorized to prevent, control, or suppress fires; or
   4. others assisting in the control or suppression of fires at the request of an officer or employee of the United States or the state.
2. This section does not apply to a civil action for damages as a result of intentional misconduct within the course and scope of employment or agency and with complete disregard for the safety and property of others.

History. (§ 11 ch 43 SLA 2003)

Legislative history reports. —

For governor’s transmittal letter for ch. 43, SLA 2003 (HB 245), which added this section, see 2003 House Journal 777—783.

Sec. 41.15.050. Fire season.

The period from April 1 to August 31, inclusive, of each year is designated the fire season. The commissioner may, at any time, proclaim an additional period for all or any portion of the state when weather or other conditions require action for the protection of forested land. The commissioner may also, at any time, prohibit, or allow only by permit, the setting of fires, smoking, entry, or other use on the land, when, in the judgment of the commissioner, the activities would unduly increase the fire danger.

History. (§ 3 ch 138 SLA 1961; am § 1 ch 27 SLA 1973; am § 1 ch 21 SLA 2006; am § 5 ch 63 SLA 2018)

Administrative Code. —

For forest fire protection, see 11 AAC 95, art. 6.

Effect of amendments. —

The 2018 amendment, effective July 21, 2018, deleted the former second sentence, which read, “The commissioner may designate other periods as fire season.”, in the second sentence, inserted “, at any time,” following “The commissioner may”, in the third sentence, substituted “at any time” for “during the fire season” following “The commissioner may also,”. Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 27, ch. 63, SLA 2018, the governor did not sign the bill until July 20, 2018, and so the actual effective date of the amendment was July 21, 2018, under AS 01.10.070(d) .

Sec. 41.15.060. Permits.

1. The commissioner shall, by regulation, prescribe the conditions of and the manner for obtaining a permit  for the setting of fires, use of burning devices, and other activities and uses of land that increase fire danger.
2. A person may not set fires, use burning devices, or conduct other activities or use land that increases fire danger without a permit as prescribed by the commissioner in regulation under (a) of this section.

History. (§ 3 ch 138 SLA 1961; am § 1 ch 179 SLA 1970; am §§ 6, 7 ch 63 SLA 2018)

Cross references. —

For classification of misdemeanors, see AS 11.81.250 ; for penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

Administrative Code. —

For forest fire protection, see 11 AAC 95, art. 6.

Effect of amendments. —

The 2018 amendment, effective July 21, 2018, in (a), substituted “for the setting of fires, use of burning devices, and other activities and uses of land that increase fire danger” for “failure to obtain the required permit, or violation of a condition of the permit is a misdemeanor” at the end; added (b). Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 27, ch. 63, SLA 2018, the governor did not sign the bill until July 20, 2018, and so the actual effective date of the amendment was July 21, 2018, under AS 01.10.070(d) .

Sec. 41.15.070. Disposal of burning materials.

During the fire season, a burn closure, or restriction established under AS 41.15.050 , a person may not discard any lighted tobacco, cigar, cigarette, match, firecracker, or other burning material on forested land.

History. (§ 4 ch 138 SLA 1961; am § 8 ch 63 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective July 21, 2018, rewrote the section. Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 27, ch. 63, SLA 2018, the governor did not sign the bill until July 20, 2018, and so the actual effective date of the amendment was July 21, 2018, under AS 01.10.070(d) .

Sec. 41.15.080. Equipment and notice required.

History. [Repealed, § 23 ch 63 SLA 2018.]

Sec. 41.15.090. Building or leaving fires.

1. A person may not start a fire in or near forested land without first clearing the ground immediately around it free from materials that will carry fire.
2. A person who starts a fire in or near forested land may not leave the fire before totally extinguishing the fire.

History. (§ 6 ch 138 SLA 1961; am §§ 9, 10 ch 63 SLA 2018)

Administrative Code. —

For forest fire protection, see 11 AAC 95, art. 6.

Effect of amendments. —

The 2018 amendment, effective July 21, 2018, rewrote (a), added (b). Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 27, ch. 63, SLA 2018, the governor did not sign the bill until July 20, 2018, and so the actual effective date of the amendment was July 21, 2018, under AS 01.10.070(d) .

Sec. 41.15.100. Setting fires without consent.

A person may not set on fire forested land or other inflammable material located or growing on land that is not owned, possessed, or controlled by the person, without the consent of the owner or lawful occupant of the land.

History. (§ 7 ch 138 SLA 1961; am § 11 ch 63 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective July 21, 2018, substituted “A person may not set on fire forested land” for “A person who sets on fire timber, brush, grass,” at the beginning, and deleted “, guilty of a misdemeanor” at the end. Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 27, ch. 63, SLA 2018, the governor did not sign the bill until July 20, 2018, and so the actual effective date of the amendment was July 21, 2018, under AS 01.10.070(d) .

Sec. 41.15.110. Uncontrolled spread of fire; leaving fire unattended.

1. A person who knows of a fire or sets a fire on forested land owned, possessed, or controlled by the person, shall exercise due care to prevent the uncontrolled spread of the fire.
2. A person shall make every effort possible to extinguish a fire the person knowingly sets on forested land and may not leave a fire unattended.
3. In a criminal action brought under this section, the escape of the fire may be considered by a court as evidence that the person responsible for starting the fire acted knowingly.

History. (§ 8 ch 138 SLA 1961; am § 2 ch 179 SLA 1970; am § 12 ch 63 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective July 21, 2018, in (a), deleted the second sentence, which read, “A person failing to exercise due care which results in spread of the fire and damage to property of another is guilty of a misdemeanor.”; rewrote (b), which read, “A person who neglects to make every effort possible to extinguish a fire the person knowingly sets on forested land or who leaves such a fire unattended is guilty of a misdemeanor”; rewrote (c), which read, “In a criminal action brought under this section, the escape of the fire is presumptive evidence of negligence by the person responsible for starting the fire and unless rebutted is sufficient to sustain a conviction.” Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 27, ch. 63, SLA 2018, the governor did not sign the bill until July 20, 2018, and so the actual effective date of the amendment was July 21, 2018, under AS 01.10.070(d) .

Sec. 41.15.120. Failure to assist in preventing or suppressing fires.

If an officer or employee of the United States or the state who is authorized to prevent, investigate, or suppress fires requests a person to assist in the prevention or suppression of a fire and informs the person of the officer or employee’s official status, the person shall assist the officer or employee.

History. (§ 9 ch 138 SLA 1961; am § 13 ch 63 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective July 21, 2018, inserted “, investigate,” following “authorized to prevent”, substituted “the person shall assist the officer or employee” for “and the person fails to assist the officer or employee in the performance of duties, the person is guilty of a misdemeanor” at the end. Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 27, ch. 63, SLA 2018, the governor did not sign the bill until July 20, 2018, and so the actual effective date of the amendment was July 21, 2018, under AS 01.10.070(d) .

Sec. 41.15.130. Backfires and burnouts excluded.

AS 41.15.010 — 41.15.040 and 41.15.050 — 41.15.170 do not apply to the setting of backfires, burnouts, and other burning or clearing of land under the direction of an officer or employee of the United States or the state who is authorized to prevent or suppress fires.

History. (§ 9 ch 138 SLA 1961; am § 14 ch 63 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective July 21, 2018, substituted “AS 41.15.010 – 41.15.040 and 41.15.050 – 41.15.170 ” for “AS 41.15.010 – 41.15.170 ” at the beginning, and “backfires, burnouts, and other burning or clearing of land” for “a backfire” following “the setting of”. Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 27, ch. 63, SLA 2018, the governor did not sign the bill until July 20, 2018, and so the actual effective date of the amendment was July 21, 2018, under AS 01.10.070(d) .

Sec. 41.15.140. Penalty.

Except as provided in AS 41.15.150 , a person who

1. knowingly violates a provision of AS 41.15.040 — 41.15.130 is guilty of a class A misdemeanor punishable as provided in AS 12.55;
2. without any culpable mental state, violates a provision of AS 41.15.040 — 41.15.130 or a regulation adopted under AS 41.15.040 — 41.15.130 is guilty of a violation and upon conviction is punishable by a fine under AS 12.55.

History. (§ 10 ch 138 SLA 1961; am § 15 ch 63 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective July 21, 2018, rewrote the section. Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 27, ch. 63, SLA 2018, the governor did not sign the bill until July 20, 2018, and so the actual effective date of the amendment was July 21, 2018, under AS 01.10.070(d) .

Sec. 41.15.150. Criminal burning of forested land in the first degree.

1. A person commits the crime of criminal burning of forested land in the first degree if
   1. the person violates AS 41.15.155 ; and
   2. the person’s actions or conduct violate a provision of AS 41.15.010 — 41.15.130 or a regulation adopted under AS 41.15.010 — 41.15.130 .
2. Criminal burning of forested land in the first degree is a class B felony punishable as provided in AS 12.55.

History. (§ 11 ch 138 SLA 1961; am § 16 ch 63 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective July 21, 2018, rewrote the section. Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 27, ch. 63, SLA 2018, the governor did not sign the bill until July 20, 2018, and so the actual effective date of the amendment was July 21, 2018, under AS 01.10.070(d) .

Sec. 41.15.155. Criminal burning of forested land in the second degree.

1. A person commits the crime of criminal burning of forested land in the second degree if
   1. the person knowingly sets a fire;
   2. with criminal negligence, the person
      1. permits the fire to spread beyond the person’s control; or
      2. fails to prevent the fire from spreading to forested land or other flammable material; and
   3. as a result, the fire burns forested land or other flammable material located or growing on land that is not owned, possessed, or controlled by the person.
2. Criminal burning of forested land in the second degree is a class C felony punishable as provided in AS 12.55.

History. (§ 17 ch 63 SLA 2018)

Effective dates. —

Section 27, ch. 63, SLA 2018 makes this section effective July 1, 2018.

Sec. 41.15.160. Double damages in civil actions.

In addition to the criminal punishment provided for by AS 11.46.400 — 11.46.450 , AS 41.15.140 , 41.15.150 , and 41.15.155 , the United States, the state, a municipality, or any person may recover in a civil action double the amount of damages sustained as a consequence of a violation of AS 11.46.400 — 11.46.450 , AS 41.15.010 — 41.15.155 . In a civil action brought under AS 41.15.010 — 41.15.170 or any other law relating to the subject matter of AS 41.15.010 — 41.15.170 , the escape of a fire is presumptive evidence of negligence by the person responsible for starting the fire and unless rebutted is sufficient to sustain the recovery.

History. (§ 12 ch 138 SLA 1961; am § 18 ch 63 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective July 21, 2018, in the first sentence, substituted “AS 11.46.400 — 11.46.450 , AS 41.15.140 , 41.15.150 , and 41.15.155 ” for “AS 41.15.010 — 41.15.170 ” following “provided for by”, and “AS 11.46.400 — 11.46.450 , AS 41.15.010 — 41.15.155 ” for “AS 41.15.010” for “AS 41.15.010 — 41.15.170 ” following “a violation of”. Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 27, ch. 63, SLA 2018, the governor did not sign the bill until July 20, 2018, and so the actual effective date of the amendment was July 21, 2018, under AS 01.10.070(d) .

Sec. 41.15.170. Definitions.

In AS 41.15.010 — 41.15.170 ,

1. “criminal negligence” has the meaning given in AS 11.81.900 ;
2. “damages” includes costs incurred in suppressing, controlling, or extinguishing a fire;
3. “destructive agent” means an insect, pathogen, or other environmental agent that causes damage to a forest resource;
4. “forested land” includes all land on which grass, brush, timber, and other natural vegetative material grows;
5. “knowingly” has the meaning given in AS 11.81.900 ;
6. “wildland fire” includes the uncontrolled burning of grass, brush, timber, and other natural vegetative material.

History. (§ 1 ch 138 SLA 1961; am § 3 ch 179 SLA 1970; am § 43 ch 85 SLA 1988; am § 5 ch 22 SLA 2008; am § 19 ch 63 SLA 2018)

Revisor’s notes. —

In 1983 and 2018, this section was reorganized to place the terms defined in alphabetical order.

Effect of amendments. —

The 2018 amendment, effective July 21, 2018, added (5) [now (1)] and (6) [now (5)]. Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 27, ch. 63, SLA 2018, the governor did not sign the bill until July 20, 2018, and so the actual effective date of the amendment was July 21, 2018, under AS 01.10.070(d) .

Sec. 41.15.180. National forest income.

1. When the commissioner of commerce, community, and economic development receives national forest income under 16 U.S.C. 500, the commissioner shall immediately pay to each organized borough in which national forest land is located a share of the income from that forest; an organized borough’s share of income from a national forest shall be proportional to the area of the national forest located within its boundaries.
2. There is created as a separate account in the general fund the unorganized borough national forest receipts fund. The fund consists of national forest income received by the Department of Commerce, Community, and Economic Development under 16 U.S.C. 500 for the percentage of a national forest located within the unorganized borough. Seventy-five percent of the fund shall be allocated for public schools and 25 percent for public roads.
3. From the percentage of the unorganized borough national forest receipts fund allocated to the public schools under (b) of this section, the commissioner shall pay to each home rule or first class city located within the unorganized borough and within a national forest or within 20 miles of a national forest, or regional educational attendance area that has a school located within the unorganized borough and within a national forest or within 20 miles of a national forest, a share of the income from the public schools allocation of the fund. A home rule city, first class city, or regional educational attendance area’s share shall be calculated as the proportion of the number of children in average daily membership of the city school district or regional educational attendance area compared to the total number of children in average daily membership in city school districts located within the unorganized borough and within the national forest or within 20 miles of the national forest and in regional educational attendance areas that have a school located within the unorganized borough and within the national forest or within 20 miles of the national forest.
4. From the percentage of the unorganized borough national forest receipts fund allocated to public roads under (b) of this section, the commissioner shall pay to each
   1. home rule city, first class city, or second class city that exercises road powers, that is located within the unorganized borough and within a national forest or within 20 miles of a national forest, a share of the income from the roads allocation of the fund; a home rule city, first class city, or second class city’s share shall be calculated as the proportion of the number of road miles within municipal boundaries over which the community exercises road powers plus the number of state road miles maintained by the municipality under agreement with the state compared to the total number of road miles maintained by state or local governments in the unorganized borough and within the national forest or within 20 miles of the national forest;
   2. municipality organized under federal law as an Indian reserve that existed before the enactment of 43 U.S.C. 1618(a) and is continued in existence under that subsection and that has formed a community development corporation under (m) of this section, that exercises road powers and that is located within the unorganized borough and within the national forest or within 20 miles of the national forest a share of the income from the roads allocation of the fund; the share due a municipality organized under federal law that exercises road powers shall be calculated as the proportion of the number of road miles within municipal boundaries over which the community exercises road powers plus the number of state road miles maintained by the municipality under agreement with the state compared to the total number of road miles maintained by state or local governments in the unorganized borough and within the national forest or within 20 miles of the national forest; however, the commissioner may pay income from national forest receipts under this paragraph only after the corporation has delivered a written waiver of sovereign immunity from legal action by the state to recover all or a portion of the money distributed under this section.
5. A distribution made under (a) of this section shall be expended for public schools and public roads. A distribution made under (c) of this section shall be expended for public schools. A distribution made under (d) of this section shall be expended for public roads.
6. For the purpose of making distributions from the fund, the commissioner of commerce, community, and economic development shall consult with the commissioner of education and early development, for purposes of determining the number of children in average daily membership in the public schools affected by this section, and the commissioner of transportation and public facilities, to determine the total number of road miles in the unorganized borough affected by this section.
7. An organized borough, home rule city, first class city, second class city, regional educational attendance area, or a municipality organized under federal law that receives a national forest income payment or distribution under 16 U.S.C. 500 or this section shall annually report and account to the commissioner of commerce, community, and economic development its use of the payment or distribution for the purposes provided in (a) — (e) of this section. The commissioner of commerce, community, and economic development may not distribute national forest income under this section to an entity in the unorganized borough that has previously failed to report and account as required under this subsection.
8. For purposes of this section, if a portion of a home rule city, first class city, or second class city, or municipality organized under federal law in the unorganized borough is located within the national forest or within 20 miles of a national forest or if a regional educational attendance area has a school located within the national forest or within 20 miles of the national forest, the entire home rule city, first class city, or second class city, regional educational attendance area, or municipality organized under federal law is considered to be within the national forest.
9. A payment or distribution made under this section shall be made under an appropriation for the purpose.
10. That portion of the unorganized borough national forest receipts fund remaining in the account unobligated and unexpended on June 30 of a fiscal year shall be deposited into the unrestricted portion of the general fund and shall be used to offset expenses of the general fund for school and road maintenance in the affected areas of the unorganized borough for which direct distribution of funds has not been made.
11. The department may adopt regulations necessary to implement this section that are consistent with federal law.
12. If any provision of this section is determined by the department to be in conflict with federal requirements regarding the allocation of money received by the state from the federal government under (a) of this section, the provision that is in conflict is inoperative to the extent of the conflict. The determination does not affect the operation of any other provision of this section. Upon a determination that a provision of this section is in conflict with federal requirements regarding the allocation of money received from the federal government, the department may adopt regulations that modify the requirements of that provision to the extent necessary to comply with the federal requirements.
13. To qualify to receive money under (d)(2) of this section, a municipality organized under federal law as an Indian reserve shall form a community development corporation with authority to determine how the money will be used. The charter must require that the governing board of the corporation shall be elected at an annual election open to all residents of the municipality organized under federal law who are registered and qualified to vote in state elections. The department may distribute money for the municipality organized under federal law only to a corporation organized in accordance with this subsection and only after the corporation has delivered a written waiver of sovereign immunity from legal action by the state to recover all or a portion of the money distributed under (d)(2) of this section.
14. In this section, “number of children in average daily membership” means the number of full-time equivalent students enrolled in the city school district or regional educational attendance area, excluding correspondence students residing outside the school district’s or regional educational attendance area’s boundaries, that receives a share of the income from the public schools allocation of the fund created in (b) of this section.

History. (§ 47-5-1 ACLA 1949; am § 1 ch 106 SLA 1965; am § 1 ch 32 SLA 1969; am § 2 ch 37 SLA 1991; am § 1 ch 150 SLA 2004; am §§ 10, 11 ch 12 SLA 2008)

Revisor’s notes. —

In 1999, in (f) of this section, “commissioner of education” was changed to read “commissioner of education and early development” in accordance with § 89, ch. 58, SLA 1999; in (a), (f), and (g) of this section, “commissioner of community and regional affairs” was changed to read “commissioner of community and economic development” in accordance with § 91(a)(10), ch. 58, SLA 1999; and in (b) of this section “Community and Regional Affairs” was changed to “Community and Economic Development” in accordance with § 91(a)(10), ch. 58, SLA 1999. In 2004, in (a), (f), and (g) of this section, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development” and in (b) of this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Subsection (m) was enacted as (n); relettered in 2008, at which time subsection (m) was relettered as (n) and a conforming amendment made to the subsection reference in (d)(2) of the section.

Cross references. —

For legislative findings and purpose in connection with the 1991 amendment of this section, see § 1, ch. 37, SLA 1991 in the Temporary and Special Acts.

Administrative Code. —

For program eligibility, see 3 AAC 132, art. 2.

For procedures, see 3 AAC 132, art. 3.

For definitions, see 3 AAC 132, art. 4.

Sec. 41.15.200. Statement of purpose.

The purpose of AS 41.15.200 — 41.15.230 is to provide a readily available fund for the payment of expenses incurred by the department in suppressing fires.

History. (§ 1 ch 10 SLA 1978)

Sec. 41.15.210. Fire suppression fund.

A fire suppression fund is established in the state treasury for the use of the department. The fund shall be used for actual expenses incurred in the suppression of fires. The fund may not be used

1. for capital expenditures; or
2. to fund nonemergency activities of emergency firefighting personnel under AS 41.15.030 .

History. (§ 1 ch 10 SLA 1978; am § 1 ch 30 SLA 1982; am § 3 ch 121 SLA 1996)

Sec. 41.15.220. Composition of fund.

The legislature may appropriate from the following sources to the fire suppression fund:

1. money received in settlement of a claim or loss caused by damage as a consequence of a violation of AS 41.15.010 — 41.15.170 ;
2. money received from federal, state, or other governmental unit, or from a private donor for actual fire suppression work;
3. money received from other sources as the legislature may consider appropriate and necessary to satisfy the purpose of the fund.

History. (§ 1 ch 10 SLA 1978)

Sec. 41.15.230. Disbursement.

Upon authorization of the governor, disbursements from the fire suppression fund shall be paid by the proper state officer on presentation of vouchers signed by the governor or the governor’s authorized representative.

History. (§ 1 ch 10 SLA 1978)

Sec. 41.15.240. Records of fire suppression fund.

The department shall maintain accounting records showing the income and expenses of the fire suppression fund.

History. (§ 1 ch 10 SLA 1978; am § 16 ch 126 SLA 1994)

Sec. 41.15.300. Haines State Forest Resource Management Area.

1. The purpose of AS 41.15.300 — 41.15.330 is to establish the land and water presently owned by the state and all land and water acquired in the future by the state lying within the boundaries described in AS 41.15.305(a) as the Haines State Forest Resource Management Area.  The primary purposes for the establishment of the Haines State Forest Resource Management Area are the utilization, perpetuation, conservation, and production of the land and water including but not limited to the use of renewable and nonrenewable resources through multiple-use management and the continuation of other beneficial uses including traditional uses and other recreational activities.
2. The responsibility for the management, control, development, and maintenance of the Haines State Forest Resource Management Area established under AS 41.15.300 — 41.15.330 is assigned to the department.

History. (§ 2 ch 95 SLA 1982)

Revisor’s notes. —

Formerly AS 41.15.500. Renumbered in 1983.

Sec. 41.15.305. Establishment and boundaries.

1. Subject to valid existing rights, the land and water presently owned by the state and all land and water acquired in the future by the state lying within the following described parcels are designated as the Haines State Forest Resource Management Area:
   1. all land encompassed by U.S.  Survey 3708, Tracts A, B and C but excluding U.S.M.S. 2206;
   2. that mental health land (MH-153) approved in the state selection letter from the United States Bureau of Land Management dated August 26, 1974, described as follows: Beginning at corner No. 1 of this tract which is common to angle point No. 5 of U.S. Survey 3708, then north 02°13´51" west 52.639 chains along the survey line to corner No. 2 of this tract which is common to angle point No. 6 of U.S. Survey 3708, then north 12°01´18" west 13.346 chains to corner No. 3 of this tract which is common to angle point No. 7 of U.S. Survey 3708, then north 53°57´42" west 537.070 chains to corner No. 4 of this tract which is common to angle point No. 7-A of U.S.  Survey 3708, then south 0°0´30" east 63.06 chains to corner No. 5 of this tract, then south 53°57´42" east 542.00 chains to corner No. 1 of this tract and angle point No. 5, U.S.  Survey 3708, the point of beginning;
   3. Township 28 South, Range 56 East, Copper River Meridian
   4. Township 28 South, Range 57 East, Copper River Meridian;
   5. Township 28 South, Range 58 East, Copper River Meridian;
   6. Township 29 South, Range 57 East, Copper River Meridian
   7. Township 29 South, Range 58 East, Copper River Meridian;
   8. Township 29 South, Range 59 East, Copper River Meridian;
   9. Township 29 South, Range 60 East, Copper River Meridian
   10. Township 29 South, Range 61 East, Copper River Meridian
   11. Township 29 South, Range 62 East, Copper River Meridian
   12. Township 30 South, Range 57 East, Copper River Meridian
   13. Township 30 South, Range 58 East, Copper River Meridian
   14. Township 30 South, Range 59 East, Copper River Meridian
   15. Township 30 South, Range 60 East, Copper River Meridian;
   16. Township 30 South, Range 61 East, Copper River Meridian;
   17. Township 30 South, Range 62 East, Copper River Meridian
   18. Township 31 South, Range 58 East, Copper River Meridian;
   19. Township 31 South, Range 59 East, Copper River Meridian
   20. Township 31 South, Range 60 East, Copper River Meridian
   21. Township 31 South, Range 61 East, Copper River Meridian
   22. Township 31 South, Range 62 East, Copper River Meridian
   23. Township 32 South, Range 59 East, Copper River Meridian
2. Private land, University of Alaska grant land, existing transportation corridors, and borough selections within the Haines State Forest Resource Management Area are excluded from the Haines State Forest Resource Management Area.  The commissioner may not acquire private land or University of Alaska grant land located within the Haines State Forest Resource Management Area by eminent domain for any purpose.
3. Approved or pending Native allotment applications located partially or completely within the Haines State Forest Resource Management Area are not adversely affected by the establishment of the Haines State Forest Resource Management Area and all approved allotments and all pending allotments shall be treated as private land.

Section 29: that portion of the N1/2 lying east of U.S.S. 3708

Section 34: NW1/4, SE1/4;

Section 36: that portion of Lots 1, 5, 6, and 10 lying east of U.S.S. 3708;

Sections 19 — 36;

Sections 19 — 36;

Sections 19 and 20

Sections 29 — 32;

Section 1: that portion of Lot 1 lying east of U.S.S. 3708;

That portion lying east and south of U.S.S. 3708;

Sections 1 — 10

Section 12

Sections 14 — 23

Section 27: that portion lying west of the Haines Corporation boundary

Sections 28 — 31

Section 33;

Sections 5 — 8

Sections 17 — 20

Sections 29 — 32;

Sections 6 — 8

Sections 16 — 22

Sections 27 — 34;

Sections 1 — 4

Sections 9 — 15

Sections 22 — 24

Sections 35 and 36;

Sections 1 — 30;

Sections 5 — 8

Sections 17 — 20

Sections 31 and 32;

Sections 3 — 33

Sections 34 — 36: that portion lying north of the Tongass National Forest boundary.

History. (§ 2 ch 95 SLA 1982)

Revisor’s notes. —

Formerly AS 41.15.510(a)-(c). Renumbered in 1983.

Sec. 41.15.310. Coordinated management.

1. The division of forestry shall consult with the division of parks, the Department of Fish and Game, including each local fish and game advisory committee with jurisdiction in the area, and the Alaska Chilkat Bald Eagle Preserve Advisory Council to promote effective, efficient, and coordinated administration of the Haines State Forest Resource Management Area and the Alaska Chilkat Bald Eagle Preserve for the values for which each is established.
2. Resource studies undertaken by the department shall be designed to benefit the management and administration of the Haines State Forest Resource Management Area and the Alaska Chilkat Bald Eagle Preserve.

History. (§ 2 ch 95 SLA 1982)

Revisor’s notes. —

Formerly AS 41.15.510(d), (e). Renumbered in 1983.

Sec. 41.15.315. Multiple-use management.

1. The Haines State Forest Resource Management Area shall be managed under the principles of multiple use and sustained yield and under AS 41.17.
2. The Department of Fish and Game is responsible for the management of fish and game resources in the Haines State Forest Resource Management Area under applicable law and in a manner consistent with AS 41.15.300 — 41.15.330 except that an opportunity for continued traditional use of the Haines State Forest Resource Management Area at levels and by traditional methods and means is guaranteed.  The traditionally compatible uses include but are not limited to fishing, hunting, trapping, berry picking, subsistence, and recreational uses, operation of motorized vehicles, and the harvest of personal-use firewood.
3. The control of highway access within the Haines State Forest Resource Management Area is the responsibility of the department except that the Department of Transportation and Public Facilities is responsible for the repair and maintenance of public roads in the Haines State Forest Resource Management Area.
4. The state land and water described in AS 41.15.305(a) are closed to sale under state land disposal laws.  The commissioner may lease the land described in AS 41.15.305(a) under AS 38.05.070 — 38.05.105 for a purpose consistent with AS 41.15.300(a) and a municipality may select land in the Haines State Forest Resource Management Area under law.

History. (§ 2 ch 95 SLA 1982; am § 8 ch 153 SLA 2003)

Revisor’s notes. —

Formerly AS 41.15.520(a), (d)-(f). Renumbered in 1983.

Sec. 41.15.320. Management plan and regulations.

In adopting a forest management plan for the Haines State Forest Resource Management Area under AS 41.17.230 , the department shall consult with the Department of Fish and Game and the governing bodies of each municipality in the general area. The Department of Fish and Game shall consult with the department and local fish and game advisory committees, if any, before adopting regulations governing fish and wildlife management in the Haines State Forest Resource Management Area. Regulations may not be adopted by either department without prior review at a public hearing in Haines and Klukwan.

History. (§ 2 ch 95 SLA 1982; am § 9 ch 153 SLA 2003)

Revisor’s notes. —

Formerly AS 41.15.520(b), (c), (g). Renumbered in 1983.

Cross references. —

For preparation of initial management plan, see § 4, ch. 95, SLA 1982, in the Temporary and Special Acts.

Sec. 41.15.325. Cooperative management agreements.

The department may enter into cooperative management agreements with a person who holds title to or has a valid entry on land within or adjoining the boundaries of the Haines State Forest Resource Management Area.

History. (§ 2 ch 95 SLA 1982)

Revisor’s notes. —

Formerly AS 41.15.520(h). Renumbered in 1983.

Sec. 41.15.330. Existing rights.

The establishment of the Haines State Forest Resource Management Area does not affect the terms and conditions of an existing permit or contract involving use of the land, water, or other resources of the Haines State Forest Resource Management Area.

History. (§ 2 ch 95 SLA 1982)

Revisor’s notes. —

Formerly AS 41.15.510(f). Renumbered in 1983.

Sec. 41.15.900. Observance of Arbor Day.

To increase public awareness of the vital importance of the conservation and propagation of trees and forests to the everyday life of the citizens of Alaska, the third Monday in May of each year is designated “Arbor Day.” It shall be observed by appropriate school assemblies and programs and shall be the occasion for other suitable observances and exercises by civic groups and the public in general.

History. (§ 1 ch 11 SLA 1966; am § 1 ch 15 SLA 1973)

Revisor’s notes. —

Formerly AS 41.15.400. Renumbered in 1983.

Sec. 41.15.950. Enforcement authority.

1. The following persons are peace officers of the state and they shall enforce the provisions of this chapter and the regulations adopted under this chapter:
   1. solely for the purpose of enforcing this chapter, an employee of the department, or other person, authorized by the commissioner;
   2. a police officer in the state.
2. A person designated in (a) of this section may, when enforcing the provisions of this chapter or a regulation adopted under this chapter,
   1. execute a warrant or other process issued by an officer or court of competent jurisdiction;
   2. administer or take an oath, affirmation, or affidavit;
   3. arrest a person who violates a provision of this chapter or a regulation adopted under this chapter; and
   4. issue a citation to a person who violates a provision of AS 41.15.010 — 41.15.170 or a regulation adopted under this chapter.
3. A person is not required under this section to disclose a deadly weapon under AS 11.61.220(a)(1)(A) to a peace officer described under (a)(1) of this section.

History. (§ 4 ch 179 SLA 1970; am §§ 20, 21 ch 63 SLA 2018)

Revisor’s notes. —

Formerly AS 41.15.700. Renumbered in 1983.

Effect of amendments. —

The 2018 amendment, effective July 21, 2018, added (b)(4), and made related changes; added (c). Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 27, ch. 63, SLA 2018, the governor did not sign the bill until July 20, 2018, and so the actual effective date of the amendment was July 21, 2018, under AS 01.10.070(d) .

Sec. 41.15.960. Bail schedules.

The supreme court shall establish by rule or order a schedule of bail amounts for offenses under this chapter or under regulations adopted under this chapter that allow the disposition of a citation without a court appearance. The bail amount may not exceed the maximum fine authorized by law for that offense.

History. (§ 22 ch 63 SLA 2018)

Effective dates. —

Section 27, ch. 63, SLA 2018 makes this section effective July 1, 2018.

Sec. 41.17.010. Declaration of intent.

The legislature declares that

1. the forest resources of Alaska are among the most valuable natural resources of the state, and furnish timber and wood products, fish and wildlife, tourism, outdoor recreation, water, soil, air, minerals, and general health and welfare;
2. economic enterprises and other activities and pursuits derived from forest resources warrant the continuing recognition and support of the state;
3. the state has a fundamental obligation to ensure that management of forest resources guarantees perpetual supplies of renewable resources, provides nonrenewable resources in a manner consistent with that obligation, and serves the needs of all Alaska for the many products, benefits, and services obtained from them;
4. government administration of forest resources should combine professional management services, regulatory measures, and economic incentives in a complementary fashion, and should draw upon the expertise of professional foresters in conjunction with other disciplines;
5. under the leadership of the Department of Environmental Conservation as lead agency, the state should exercise its full responsibility and authority for control of nonpoint source pollution with respect to the Federal Water Pollution Control Act, as amended;
6. subject to AS 41.17.098(c) , the provisions of this chapter, and regulations adopted under this chapter, with the approval of the Department of Environmental Conservation, establish the nonpoint source pollution requirements under state law and sec. 319 of the Clean Water Act for activities subject to this chapter;
7. except for activities subject to AS 16.05.841 or 16.05.871 and regulations authorized by those sections, this chapter and regulations adopted under this chapter establish the fish habitat protection standards, policies, and review processes under state law.

History. (§ 1 ch 108 SLA 1978; am § 2 ch 34 SLA 1990; am E.O. No. 107, § 6 (2003); am E.O. No. 114 § 7 (2008))

Administrative Code. —

For introductory and notification provisions, see 11 AAC 95, art. 1.

For riparian standards, see 11 AAC 95, art. 2.

For road construction, see 11 AAC 95, art. 3.

For timber harvesting, see 11 AAC 95, art. 4.

For reforestation, see 11 AAC 95, art. 5.

Opinions of attorney general. —

The allocation of responsibility for administration of the forest practices regulations in coastal management consistency determinations is sufficiently unclear that it seems appropriate for resolution by the adoption of regulations since differing policy considerations emphasized in the Forest Practices Act, the Coastal Management Act, and proposed permit reform regulations will be served to a greater or lesser extent by assigning responsibility for interpreting and applying the forest practices regulations to more than one agency and since a particular result is not compelled under the various pieces of authorizing legislation. April 20, 1981 Op. Att’y Gen.

The adoption of forest practices regulations by the Department of Natural Resources in 11 AAC 95 has completely preempted the coastal policy council’s regulations, 6 AAC 80.100, in regulating timber harvest and processing in the coastal area. April 20, 1981 Op. Att’y Gen.

Sec. 41.17.020. Division of forestry established.

1. The governor may establish, within the department, a division of forestry to carry out this chapter and other appropriate duties designated by the governor.
2. The division shall be headed by a director who shall be the state forester, appointed to the partially exempt service in accordance with law by the commissioner, from a list of two or more candidates submitted by the board. The commissioner shall solicit and consider recommendations of the Alaska Fire Chiefs Association or successor organization when reviewing the candidates submitted by the board. The commissioner may reject all candidates, in which case the board shall submit a new list. The state forester shall have
   1. a bachelor’s or higher degree in forest management and at least three years of field experience in forestry; or
   2. at least eight years of professional work experience as a forester.
3. The commissioner shall administer this chapter and is authorized and encouraged to delegate responsibilities for carrying out this chapter to the state forester.

History. (§ 1 ch 108 SLA 1978; am § 42 ch 113 SLA 1981; am § 5 ch 91 SLA 1983; am § 1 ch 113 SLA 1998)

Revisor’s notes. —

In 1983, this section was reorganized into present subsections (a)-(c) and two other sections. Present (b) was formerly part of (a) and present (c) was formerly designated (b). Former subsections (d)-(i) and (k) were renumbered as AS 41.17.055(a) -(g) and former subsection (j) was renumbered as AS 41.17.900(d) .

Administrative Code. —

For forest fire protection, see 11 AAC 95, art. 6.

Opinions of attorney general. —

The allocation of responsibility for administration of the forest practices regulations in coastal management consistency determinations is sufficiently unclear that it seems appropriate for resolution by the adoption of regulations. Differing policy considerations emphasized in the Forest Practices Act, the Coastal Management Act, and proposed permit reform regulations will be served to a greater or lesser extent by assigning responsibility for interpreting and applying the forest practices regulations to more than one agency. This is especially so as no particular result is compelled under the various pieces of authorizing legislation. April 20, 1981 Op. Att’y Gen.

The adoption of forest practices regulations by the Department of Natural Resources in 11 AAC 95 has completely preempted the coastal policy council’s regulations, 6 AAC 80.100, in regulating timber harvest and processing in the coastal area. April 20, 1981 Op. Att’y Gen.

Sec. 41.17.030. Responsibilities of division.

1. The division shall manage state forests and, as directed by the commissioner, provide technical advice to the division of lands on sound forest practices necessary to ensure the continuous growing and harvesting of commercial forest species on other state land.
2. The division shall regulate operations on private forest land as authorized by the provisions of this chapter or state law.
3. The division shall provide public information and assistance regarding forest practices and timber management generally.

History. (§ 1 ch 108 SLA 1978)

Sec. 41.17.041. Board of Forestry.

1. The Board of Forestry is established in the division.
2. The board is composed of nine members appointed by the governor:
   1. a representative of a commercial fishermen’s organization;
   2. a representative of a Native corporation established under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act);
   3. a representative of an environmental organization;
   4. a representative of a forest industry trade association;
   5. a professional fish or wildlife biologist who is not employed in that capacity by a state, municipal, or federal government agency, except for university employment;
   6. a professional forester who is not employed in that capacity by a state, municipal, or federal government agency, except for university employment;
   7. a representative of a mining organization;
   8. a representative of a recreational organization; and
   9. the state forester, who serves ex officio and without a vote.
3. The state forester is the presiding officer of the board and shall, in consultation with the board, establish procedures for scheduling and organizing board meetings.  Seven voting members of the board constitute a quorum.  Each decision of the board requires the affirmative vote of each voting member present less one.
4. A board member who is unable to attend a meeting may designate an alternate who possesses the same qualifications as the board member.
5. The division shall serve as staff to the board. The department, the Department of Fish and Game, and the Department of Environmental Conservation shall provide technical staffing and information as needed by the board.

History. (§ 1 ch 108 SLA 1978; am § 87 ch 59 SLA 1982; am § 3 ch 34 SLA 1990; am E.O. No. 107, § 7 (2003); am § 47 ch 56 SLA 2005; am E.O. No. 114 § 8 (2008))

Revisor’s notes. —

Formerly AS 41.17.040(a)-(d), (g). Renumbered in 1983.

Sec. 41.17.043. Terms of office.

The term of office of a member of the board is three years. The state forester serves an indefinite term, ex officio.

History. (§ 1 ch 108 SLA 1978; am § 32 ch 85 SLA 1988)

Revisor’s notes. —

Formerly AS 41.17.040(e). Renumbered in 1983.

Sec. 41.17.045. Removal of members.

1. The governor may initiate the removal of a board member for inefficiency, neglect of duty, or misconduct in office by delivering to the member a written copy of the charges and giving the member an opportunity to be heard in person or by counsel at a public hearing before the governor or the governor’s designee on at least 10 days’ written notice by registered mail.  The member has a right of confrontation and cross-examination of witnesses testifying.
2. The removal is effective 15 days after the governor files a complete statement of all charges made against the member and the findings on those charges, in the main office of the board, except that a member may appeal the findings to the superior court.  The court shall limit its review to a determination of whether the findings on the charges are substantiated by the evidence presented.  The removal is suspended for any period of time during which an appeal from the findings of the governor or the governor’s designee is pending.

History. (§ 1 ch 108 SLA 1978)

Revisor’s notes. —

Formerly AS 41.17.040(h). Renumbered and reorganized into two subsections in 1983.

Sec. 41.17.047. Powers and duties of board.

1. The board shall review and comment to the commissioner on regulations proposed for adoption under this chapter.
2. The board shall provide a forum for representatives of affected interests to discuss and attempt to resolve issues relevant to this chapter and to the forest resources of the state.
3. The board, working with the department, the Department of Environmental Conservation, the Department of Fish and Game, other affected agencies and parties, and the forest-dependent industries, shall conduct an annual survey of research needs related to forest practices. The board shall review research proposals and shall make recommendations to promote research projects that would address these needs to the governor and the legislature.
4. The board shall coordinate the monitoring of the implementation and effectiveness of this chapter, the regulations, and best management practices adopted under this chapter in meeting state water quality standards, fish and wildlife habitat requirements, and other forestry objectives. The board shall report annually to the governor on the effectiveness of this chapter and regulations adopted under it, with its recommendations for changes and for needed research and monitoring. The board shall notify the legislature that the annual report is available. The state forester, the Department of Fish and Game, and the Department of Environmental Conservation shall each present an annual report, independently, to the board on the effectiveness of this chapter, the regulations, and best management practices adopted under this chapter that protect the resources for which they have statutory responsibility, and shall make recommendations for changes to correct procedural or substantive problems. The board shall include the reports as part of its annual report. The board shall hold hearings at least once annually in southeast, southcentral, and interior Alaska for purposes of taking public testimony on the subjects.

History. (§ 1 ch 108 SLA 1978; am § 4 ch 34 SLA 1990; am § 75 ch 21 SLA 1995; am E.O. No. 107, §§ 8, 9 (2003); am E.O. No. 114 §§ 9, 10 (2008))

Revisor’s notes. —

Formerly AS 41.17.040(f). Renumbered in 1983.

Sec. 41.17.055. Powers and duties of the commissioner.

1. The commissioner may designate and operate experimental and research forests on state land consistent with the limitations of AS 38.05.300 . Laboratories and other facilities may be employed in conjunction with those forests.
2. The commissioner may establish and maintain forest vegetation nurseries and greenhouses for planting stock to be made available, with or without charge, to organizations, institutions, government agencies, individuals, and businesses for reforestation, afforestation, and related purposes.
3. The commissioner is authorized to undertake cooperative forestry programs, extension services, and education programs, and to otherwise offer a full range of professional management services to the interested public. When the commissioner considers it beneficial, the commissioner may participate in federal assistance programs by accepting assistance in whatever form offered.
4. The commissioner may develop regulations under this chapter as part of the state program for control of nonpoint source pollution under the Federal Water Pollution Control Act, as amended. However, the Department of Environmental Conservation is the lead agency for water quality and control of nonpoint source pollution under that Act, and the regulations are therefore subject to the approval of the commissioner of environmental conservation.
5. In the administration of this chapter, the commissioner shall consult with and draw upon the expertise of interested organizations, enterprises, individuals, government agencies, educational institutions, and landowners. The commissioner may enter into cooperative agreements and contracts with them to carry out this chapter.
6. The commissioner shall locate department personnel with forestry expertise throughout the state to facilitate public access to professional management services and other forest resources programs.
7. The commissioner may take other actions necessary and proper for the administration of this chapter, including the adoption of regulations under AS 44.62 (Administrative Procedure Act) and AS 41.17.047 .

History. (§ 1 ch 108 SLA 1978; am § 5 ch 34 SLA 1990; am E.O. No. 107, § 10 (2003); am E.O. No. 114 § 11 (2008))

Revisor’s notes. —

Formerly AS 41.17.020(d)-(i), (k). Renumbered in 1983.

Cross references. —

For transitional provisions relating to the 2003 transfer of responsibility for stream preservation and forest stewardship from the commissioner of natural resources to the state forester, see § 46, E.O. 107, in the Executive Orders pamphlet. For transitional provisions relating to the 2008 transfer of responsibility for stream preservation and forest stewardship from the state forester to the commissioner of natural resources, see § 40, E.O. 114, in the Executive Orders pamphlet.

For the Federal Water Pollution Control Act, referred to in subsection (d), see 33 U.S.C. ch. 26.

Administrative Code. —

For appeals, see 11 AAC 2.

For introductory and notification provisions, see 11 AAC 95, art. 1.

For riparian standards, see 11 AAC 95, art. 2.

For road construction, see 11 AAC 95, art. 3.

For timber harvesting, see 11 AAC 95, art. 4.

For reforestation, see 11 AAC 95, art. 5.

Opinions of attorney general. —

The adoption of forest practices regulations by the Department of Natural Resources in 11 AAC 95 has completely preempted the coastal policy council’s regulations, 6 AAC 80.100, in regulating timber harvest and processing in the coastal area. April 20, 1981 Op. Att’y Gen.

Sec. 41.17.060. Regulatory and administrative standards.

1. All regulations, administrative actions, and other activities and duties undertaken under this chapter shall be in full accordance with the standards set out in this section.
2. With respect to state, municipal, and private forest land, the following standards apply:
   1. to the maximum extent possible, all applicable data and information of applicable disciplines shall be updated and used in making decisions relative to the management of forest resources;
   2. environmentally sensitive areas shall be recognized in the development of regulations and best management practices that are designed to implement nonpoint source pollution control measures authorized under this chapter;
   3. administration of forest land shall consider marketing conditions and other economic constraints affecting the forest landowner, timber owner, or the operator;
   4. to the fullest extent practicable, harvested forest land shall be reforested, naturally or artificially, so as to result in a sustained yield of merchantable timber from that land; if artificial planting is required, silviculturally acceptable seedlings must first be available for planting at an economically fair price in the state; and
   5. significant adverse effects of soil erosion and mass wasting on water quality and fish habitat shall be prevented or minimized.
3. With respect to state and municipal forest land only, the following standards also apply:
   1. forest land shall be administered for the multiple use of the renewable and nonrenewable resources and for the sustained yield of the renewable resources of the land in the manner that best provides for the present needs and preserves the future options of the people of the state;
   2. a system of allocating predominant uses or values to particular units within a contiguous area of land shall reflect in reasonable proportion the various resources and values present in that area;
   3. to the extent its capacity permits, forest land shall be administered so as to provide for the continuation of businesses, activities, and lifestyles that are dependent upon or derived from forest resources;
   4. timber harvesting is limited to areas where data and information demonstrate that natural or artificial reforestation techniques will result in the production of a sustained yield of merchantable timber from that area;
   5. there may not be significant impairment of the productivity of the land and water with respect to renewable resources;
   6. allowance shall be made for scenic quality in or adjacent to areas of substantial importance to the tourism and recreation industry; and
   7. allowance shall be made for important fish and wildlife habitat.

History. (§ 1 ch 108 SLA 1978; am §§ 6, 7 ch 34 SLA 1990)

Administrative Code. —

For reforestation, see 11 AAC 95, art. 5.

Sec. 41.17.070. Administrative plan and report.

1. The commissioner shall develop and continually maintain a long-range plan for the administration of this chapter that demonstrates that the provisions of AS 41.17.010 are being recognized and that the standards of AS 41.17.060 are being met. The commissioner shall maintain a current inventory or assessment of timber on forest land to assist in meeting the requirements of this section.
2. To maintain a record of division decision making for public and agency review, the commissioner shall compile and index each decision made under this chapter regarding directives, stop work orders, waivers from requirements, decisions of hearing officers, and decisions on appeals. The commissioner shall submit a summary of this record annually to the board.
3. [Repealed, § 108 ch 6 SLA 1984.]
4. [Repealed, § 108 ch 6 SLA 1984.]

History. (§ 1 ch 108 SLA 1978; am § 108 ch 6 SLA 1984; am § 8 ch 34 SLA 1990; am E.O. No. 107, §§ 11, 12 (2003); am E.O. No. 114 §§ 12, 13 (2008))

Sec. 41.17.080. Regulations.

1. The commissioner may adopt regulations necessary to accomplish the purposes of this chapter under AS 44.62 (Administrative Procedure Act) regarding forest practices such as
   1. road construction and maintenance, including
      1. road location, construction, maintenance, and post-operation management or removal;
      2. landing location and construction;
      3. drainage structures;
      4. material sources and spoil disposal sites;
   2. timber harvesting, including
      1. timber harvest unit planning and design;
      2. felling and bucking;
      3. cable yarding, shovel, tractor, and wheeled skidder systems;
      4. landing clean-up;
      5. slash disposal;
   3. log transfer, sort yards, and storage facilities, including
      1. location, design, and construction;
      2. maintenance;
      3. closure;
      4. log storage, rafting, and identification;
   4. reforestation, including
      1. site preparation and rehabilitation;
      2. prescribed burning;
      3. exemptions from reforestation requirements;
   5. prevention and suppression of forest insects and diseases;
   6. salvage logging;
   7. vegetative management; and
   8. fire and flood hazard management.
2. The commissioner shall adopt regulations specifying the information to be submitted under AS 41.17.090(c) in the detailed plan of operations to enable the division to determine whether the activities comply with the requirements of this chapter.
3. The commissioner may establish regions, districts, or other subdivisions of forest land in the state in which different regulations apply to reflect varying conditions in the state or to facilitate administration. In adopting regulations, the commissioner shall make appropriate distinctions between public and private land.
4. The commissioner shall adopt only those regulations necessary to accomplish the purposes of this chapter and shall avoid regulations that increase operating costs without yielding significant benefits to public resources.

History. (§ 1 ch 108 SLA 1978; am § 9 ch 34 SLA 1990; am E.O. No. 107, § 13 (2003); am E.O. No. 114 § 14 (2008))

Administrative Code. —

For introductory and notification provisions, see 11 AAC 95, art. 1.

For riparian standards, see 11 AAC 95, art. 2.

For road construction, see 11 AAC 95, art. 3.

For timber harvesting, see 11 AAC 95, art. 4.

For reforestation, see 11 AAC 95, art. 5.

For forest fire protection, see 11 AAC 95, art. 6.

Sec. 41.17.081. Civil immunity.

1. Notwithstanding other provisions of law, a person may not bring a civil action for damages for death, personal injury, or property damage that results from an act or omission in performing or failing to perform activities or duties arising out of prevention, monitoring, control, or suppression of fires authorized to be performed under regulations adopted under AS 41.17.080(a)(8) against
   1. the state or its officers, agents, and employees;
   2. a political subdivision of the state or its officers, agents, and employees;
   3. any organization authorized to prevent, control, or suppress fires; or
   4. others assisting in the control or suppression of fires at the request of an officer or employee of the United States or the state.
2. This section does not apply to a civil action for damages as a result of intentional misconduct within the course and scope of employment or agency and with complete disregard for the safety and property of others.

History. (§ 12 ch 43 SLA 2003)

Legislative history reports. —

For governor’s transmittal letter for ch. 43, SLA 2003 (HB 245), which added this section, see 2003 House Journal 777—783.

Sec. 41.17.082. Control of infestations and disease.

1. All forest clearing operations and silvicultural systems shall be designed to reduce the likelihood of increased insect infestation and disease infections that threaten forest resources.
2. A forest landowner may not conduct or approve timber clearing activities that create conditions fostering outbreaks of infestation or infection that threaten forest resources on forest land belonging to another person.  If the commissioner finds, after notice and hearing, that there has been a violation of this subsection, the commissioner may require the forest landowner, at that person’s expense, to
   1. remove promptly or cure the conditions fostering outbreaks of infestation or infection; and
   2. undertake environmentally sound, effective, and cost-efficient actions to control the infestation or infection in the immediate vicinity of the improper timber clearing activity.
3. If a forest landowner does not comply with a final order of the commissioner under (b)(1) or (b)(2) of this section, the commissioner may enter onto the land and undertake the actions ordered and the landowner is liable for the cost of the actions.  The commissioner shall deliver to the landowner an itemized statement of expenses incurred.
4. The commissioner may undertake surveys and appraisals to obtain data on regional insect infestations and disease conditions. Upon a determination that an area is infested with forest insects or infected with diseases injurious to forest resources and that the infestation or infection threatens the forest land or timber of adjacent owners, the commissioner may establish the boundaries of an infestation or infection zone. The commissioner may enter into an agreement with an owner or with a governmental agency to control or suppress infestation or infection within the zone.  Upon a determination by the commissioner that insect and disease control work within the zone is no longer necessary or feasible, the commissioner shall terminate the zone.

History. (§ 10 ch 34 SLA 1990)

Administrative Code. —

For introductory and notification provisions, see 11 AAC 95, art. 1.

Sec. 41.17.083. Clearing of forest land for non-timber purposes.

A state agency, municipality, or public utility shall determine whether the timber to be removed has significant salvage value before approving or conducting clearing of forest land for purposes other than timber harvest. If the timber has significant salvage value, the agency or utility shall salvage the timber as part of the clearing process.

History. (§ 10 ch 34 SLA 1990)

Sec. 41.17.085. Permit applications.

1. [Repealed, § 4, ch 23 SLA 2003.]
2. Where practicable and desirable, the commissioner may enter into cooperative agreements with federal agencies authorizing the department to serve as a collection point for federal permit applications.

History. (§ 1 ch 108 SLA 1978; am § 4 ch 23 SLA 2003; am E.O. No. 107, § 14 (2003))

Revisor’s notes. —

Formerly AS 41.17.080(b) . Renumbered and reorganized in 1983.

Sec. 41.17.087. Variation from requirements.

1. A forest landowner, timber owner, or operator may propose for a particular activity a variation from a requirement imposed by this chapter or the regulations adopted under this chapter.  If the state forester determines that the harm intended to be avoided by the requirement is not likely to occur because of site-specific circumstances relating to the particular activity and is not likely to cause significant harm to fish habitat or water quality, the state forester shall agree to the proposed variation.  If the state forester does not agree to the proposed variation, a forest landowner, timber owner, or operator may appeal to the commissioner.  The appellants shall conform to the requirement during the pendency of the appeal.
2. The commissioner shall adopt regulations that specify the standards under which a variation will be granted for harvesting timber within the riparian area of
   1. a low gradient Type I-A water body with a width of five feet or less; and
   2. other appropriate water body types.
3. A determination by the state forester under (a) of this section and regulations by the commissioner under (b) of this section shall give due deference under AS 41.17.098 .

History. (§ 11 ch 34 SLA 1990; am § 1 ch 123 SLA 2003; am E.O. No. 107, §§ 15, 16 (2003); am E.O. No. 114 §§ 15, 16 (2008))

Administrative Code. —

For introductory and notification provisions, see 11 AAC 95, art. 1.

For riparian standards, see 11 AAC 95, art. 2.

Sec. 41.17.090. Notification of plans to harvest timber.

1. Operations on forest land shall be reviewed under this section for consistency with the policies and provisions of this chapter and regulations adopted under this chapter.
2. A forest landowner, timber owner, or operator may provide to the commissioner a voluntary plan of operations that describes the long-term plans for timber harvesting. The purpose of a voluntary plan is to give the division and the public an early opportunity to review plans, to identify areas of concern, and to allow the agencies and the public to provide local knowledge and early notice of potential problems to the forest landowner, timber owner, or operator.
3. Before beginning operations on municipal or private forest land or on state land not managed by the division, the operator shall provide the state forester with a detailed plan of operations. The detailed plan of operations must include
   1. a description of the proposed operations, identifying the land involved and the action proposed in sufficient detail to inform the public of the nature and location of the proposed operations; the description must include a map and must be in a form suitable for duplication;
   2. the name, address, and approving signature of the forest landowner, timber owner, and operator; and
   3. other information required in the regulations adopted under this chapter.
4. Within five days after receipt of a detailed plan of operations under (c) of this section, the state forester shall distribute the information received under (c) of this section to affected state agencies and coastal districts, and shall distribute the information received under (c)(1) of this section to each member of the public who has asked to receive copies of notifications for the affected area.
5. Within 30 days after receipt of a detailed plan of operations, the state forester shall review the plan to determine if the operations are consistent with this chapter and regulations adopted under this chapter. Operations may begin under the plan upon the expiration of the 30-day period or upon notice from the state forester that the review has been completed, whichever occurs first, unless the division has issued a stop work order for a particular portion of the plan or has notified the operator that a one-time, 10-day extension is necessary for agency review under AS 41.17.098(f) . The operator may proceed with operations not covered by the stop work order, notice of field inspection, or the agency review. During the review of a detailed plan of operations, if a question arises concerning the proper classification of water body type for purposes of the standards in AS 41.17.116(a) , the Department of Fish and Game may resolve the question.
6. If the state forester determines that a field inspection is necessary to determine consistency of the detailed plan of operations or a portion of the plan with applicable standards, the state forester shall notify the operator.  The notice of field inspection may not cover more than the minimum area necessary to determine compliance with this chapter and applicable regulations.  The operator shall inform the state forester when the site will be available for an inspection. The state forester shall conduct the field inspection within 21 days after the date that the site will be accessible and available unless the operator otherwise agrees, and the operator may begin operations at the conclusion of the 21-day period unless the state forester has issued a stop work order under AS 41.17.138 .
7. During the review of a detailed plan of operations, modifications to accommodate comments may be made without requiring the operator to resubmit the plan.  After the review of the detailed plan of operations made under (e) and (f) of this section, an operator shall notify the state forester of a proposed substantial change in operations by following the procedures specified in (c) — (f) of this section.
8. Information and paperwork required of the operator under this section is limited to that necessary to accomplish the purposes of this section.
9. An operator shall renew a detailed plan of operations annually.

History. (§ 1 ch 108 SLA 1978; am § 109 ch 6 SLA 1984; am § 12 ch 34 SLA 1990; am § 6 ch 122 SLA 1996; am E.O. No. 107, §§ 17 — 19 (2003); am E.O. No. 114 §§ 17 — 19 (2008))

Administrative Code. —

For introductory and notification provisions, see 11 AAC 95, art. 1.

Sec. 41.17.098. Interagency coordination and reevaluation.

1. In administering this chapter, the commissioner shall coordinate with other agencies and affected coastal districts that have jurisdiction over activities subject to regulation under this chapter.
2. In a review or implementation of a detailed plan of operations under AS 41.17.090 and in a decision on a proposed variation from requirements under AS 41.17.087 , the commissioner shall consider the comments of each affected state agency and, where applicable, coastal districts.
3. The commissioner shall give due deference to the Department of Environmental Conservation in decisions concerning water quality. The commissioner of environmental conservation retains the authority to adopt nonpoint source pollution regulations for activities subject to this chapter to the extent that regulations are not adopted by the commissioner of natural resources and approved by the commissioner of environmental conservation under this chapter. The commissioner of environmental conservation may withdraw approval of regulations adopted by the commissioner of natural resources under this chapter by following the procedure for the adoption, amendment, and repeal of regulations under AS 44.62.180 — 44.62.290 .
4. The commissioner shall recognize the expertise of the Department of Fish and Game with regard to fish and wildlife habitat. On private land, the commissioner shall give due deference to the Department of Fish and Game regarding effects on fish habitat from timber operations including variations to riparian standards, designation of alternative site-specific riparian protection plans, and road location decisions within riparian areas. On public land, the commissioner shall give due deference to the Department of Fish and Game regarding effects on fish and wildlife habitat from timber operations including timber harvest in riparian areas, variations to riparian standards, and road location decisions within riparian areas. In making decisions under AS 41.17.087 , the commissioner shall recognize fish habitat as the primary value in riparian areas.
5. In this section, “due deference” means that deference that is appropriate in the context of the agency’s expertise and area of responsibility and all the evidence available to support a factual assertion. Where due deference is given, if the commissioner does not agree with a commenting agency, the commissioner shall prepare a written statement of the reasons for the disagreement.
6. If a disagreement described in (e) of this section exists, an officer of an agency may require reevaluation of the disagreement at a higher level within the agencies, or by the governor if necessary, before a decision is made by the commissioner.

History. (§ 13 ch 34 SLA 1990; am E.O. No. 107, §§ 20 — 24 (2003); am E.O. No. 114 §§ 20 — 24 (2008))

Administrative Code. —

For introductory and notification provisions, see 11 AAC 95, art. 1.

For road construction, see 11 AAC 95, art. 3.

For timber harvesting, see 11 AAC 95, art. 4.

Sec. 41.17.100. Deployment of broadcast chemicals.

The commissioner of environmental conservation, in consultation with the commissioner, shall formulate necessary plans and measures to ensure that application of broadcast chemicals and other substances foreign to the state’s forest ecosystem do not lead to results contrary to the objectives and provisions of this chapter and other applicable laws and regulations relating to renewable resources. Regulations adopted by the commissioner of environmental conservation may include requirements for advance testing, posting of security, written reports, and other matters.

History. (§ 1 ch 108 SLA 1978)

Administrative Code. —

For certification requirements, see 18 AAC 90, art. 3.

For permit requirements, see 18 AAC 90, art. 5.

For forestry vegetation management, see 18 AAC 90, art. 8.

Sec. 41.17.110. Conversion of forest land to other uses.

An intention to convert forest land to other uses after timber harvesting may be stated in the notification submitted under AS 41.17.090 . In that event, reforestation requirements adopted under this chapter do not apply, except that conversion shall be completed during the time set by regulation for minimum reforestation of the land, and other requirements for revegetation may be imposed to the extent permitted by law. If the commissioner finds at any time that the responsible party has failed to conform to the intent to convert as stated in the notification, the commissioner shall revoke approval of the conversion and require full compliance with reforestation requirements.

History. (§ 1 ch 108 SLA 1978; am E.O. No. 107, § 25 (2003); am E.O. No. 114 § 25 (2008))

Sec. 41.17.115. Management of riparian areas; regulations.

1. The commissioner shall protect riparian areas from the significant adverse effects of timber harvest activities on fish habitat and water quality. The management intent for riparian areas is the adequate preservation of fish habitat by maintaining a short- and long-term source of large woody debris, stream bank stability, channel morphology, water temperatures, stream flows, water quality, adequate nutrient cycling, food sources, clean spawning gravels, and sunlight.
2. The commissioner shall adopt regulations for the protection of riparian areas; the regulations may include higher standards of protection for fish and other public resources on land managed by the department than on other public land or private land. The regulations may vary by region of the state and must take into consideration reasonable classification of water bodies and the economic feasibility of timber operations.

History. (§ 14 ch 34 SLA 1990; am E.O. No. 107, § 26 (2003); am E.O. No. 114 § 26 (2008))

Revisor’s notes. —

Organized into subsections (a) and (b) in 1993 without textual change.

Administrative Code. —

For introductory and notification provisions, see 11 AAC 95, art. 1.

For riparian standards, see 11 AAC 95, art. 2.

For road construction, see 11 AAC 95, art. 3.

Sec. 41.17.116. Riparian standards for private land.

1. Private forest land adjacent to the following types of water and located in Region I is subject to the riparian protection standards established in this subsection:
   1. along a Type I-A water body,
      1. operations within 100 feet of the water body or to the break of the slope, whichever area is smaller, shall be conducted in compliance with slope stability standards established in regulations adopted under this chapter; and
      2. harvest of timber may not be undertaken within 66 feet of the water body;
   2. along a Type I-B water body,
      1. operations within 100 feet of the water body or to the break of the slope, whichever area is smaller, shall be conducted in compliance with slope stability standards established in regulations adopted under this chapter; and
      2. harvest of timber may not be undertaken within 66 feet of the water body or to the break of the slope, whichever area is smaller;
   3. along a Type I-C water body,
      1. operations within 100 feet of the water body or to the break of the slope, whichever area is smaller, shall be conducted in compliance with slope stability standards established in regulations adopted under this chapter; and
      2. where prudent, the operator shall retain low value timber within 25 feet of the water body or to the limit of the area described in (A) of this paragraph, whichever area is greater, where the width of the water body is
         1. greater than 13 feet at the ordinary high water mark; or
         2. greater than eight feet at the ordinary high water mark if the channel is incised;
   4. along a Type I-D water body,
      1. operations within 50 feet of the water body or to the break of the slope, whichever area is smaller, shall be conducted in compliance with slope stability standards established in regulations adopted under this chapter; and
      2. where prudent, the operator shall retain low value timber within 25 feet of the water body or to the limit of the area described in (A) of this paragraph, whichever area is greater, where the width of the water body is
         1. greater than 13 feet at the ordinary high water mark; or
         2. greater than eight feet at the ordinary high water mark if the channel is incised.
2. Private forest land adjacent to the following types of water and located in Region II is subject to the riparian protection standards established in this subsection:
   1. along a Type II-A water body, harvest of timber may not be undertaken within 150 feet of the water body; additionally, harvest of timber may not be undertaken along outer bends subject to erosion within 225 feet of the water body or to the terrace top break, whichever is smaller;
   2. along a Type II-B water body, harvest of timber may not be undertaken within 150 feet of the water body; additionally, harvest of timber may not be undertaken along outer bends subject to erosion within 325 feet of the water body or to the terrace top break, whichever is smaller;
   3. along a Type II-C water body, harvest of timber may not be undertaken within 100 feet of the water body;
   4. along a Type II-D water body, there is a 100-foot riparian area; harvest of timber may not be undertaken within 50 feet of the water body;
   5. the length of the augmented buffer along an outer bend subject to erosion in (1) or (2) of this subsection must be equal to a distance eight times the stream width measured on a reach between bends at a point not widened by a point bar or channel movement; the augmented buffer must be located so that three stream widths are upstream and five stream widths are downstream of the point opposite the apex of the point bar;
   6. where an estuarine area is adjacent to an anadromous or high value resident fish water body, the riparian retention area for the adjacent water body applies to the estuarine area.
3. Private forest land adjacent to the following types of waters and located in Region III is subject to the riparian protection standards established in this subsection:
   1. along a Type III-A water body, harvest of timber may not be undertaken within 66 feet of the water body;
   2. along a Type III-B water body, harvest of timber may not be undertaken within 33 feet of the water body; between 33 and 66 feet from the water body, up to 50 percent of standing white spruce trees having at least a nine-inch diameter at breast height may be harvested without requiring a variation;
   3. along a Type III-C water body, harvest of timber within 100 feet of the water body must be located and designed primarily to protect fish habitat and surface water quality as determined by the commissioner with due deference to the Department of Fish and Game.
4. In this section,
   1. “low value timber” means timber that the owner or operator determines, at the time of harvest, to be uneconomic to harvest and market;
   2. “prudent” means that the requirement can be met using reasonably available means or technology, that complying with the requirement is not likely to create significant impairment of the productivity of the land and water, and that the cost of achieving the requirement is not out of proportion to the benefits that can reasonably be expected to be achieved in the particular situation.

History. (§ 14 ch 34 SLA 1990; am §§ 1, 2 ch 3 SLA 1999; am § 2 ch 123 SLA 2003; am E.O. No. 107, § 27 (2003); am § 2 ch 65 SLA 2006; am E.O. No. 114 § 27 (2008))

Administrative Code. —

For riparian standards, see 11 AAC 95, art. 2.

Editor’s notes. —

Section 31, ch. 34, SLA 1990 provides that until regulations are adopted by the commissioner under AS 41.17.116(b) , “timber harvest operations on forest land within 100 feet from the shore or bank of an anadromous or high value resident fish water body must be sited and designed primarily to protect fish habitat and water quality.”

Sec. 41.17.118. Riparian standards for state land.

1. The riparian standards for state land are as follows:
   1. on state forest land managed by the department that is in Region I,
      1. harvest of timber may not be undertaken within 100 feet immediately adjacent to an anadromous or high value resident fish water body;
      2. between 100 and 300 feet from the water body, harvest of timber may occur but must be consistent with the maintenance of important fish and wildlife habitat as determined by the commissioner with due deference to the Department of Fish and Game;
   2. on state forest land managed by the department that is in Region II,
      1. along a Type II-A water body, harvest of timber may not be undertaken within 150 feet of the water body; additionally, harvest of timber may not be undertaken along outer bends subject to erosion within 225 feet of the water body or to the terrace top break, whichever is smaller;
      2. along a Type II-B water body, harvest of timber may not be undertaken within 150 feet of the water body; additionally, harvest of timber may not be undertaken along outer bends subject to erosion within 325 feet of the water body or to the terrace top break, whichever is smaller;
      3. along a Type II-C water body, harvest of timber may not be undertaken within 100 feet of the water body;
      4. along a Type II-D water body, there is a 100-foot riparian area; harvest of timber may not be undertaken within 50 feet of the water body;
      5. the length of the augmented buffer along an outer bend subject to erosion in (A) or (B) of this paragraph must be equal to a distance eight times the stream width measured on a reach between bends at a point not widened by a point bar or channel movement; the augmented buffer must be located so that three stream widths are upstream and five stream widths are downstream of the point opposite the apex of the point bar;
      6. where an estuarine area is adjacent to an anadromous or high value resident fish water body, the riparian retention area for the adjacent water body applies to the estuarine area;
      7. along Type II-A, II-B, II-C, and II-D water bodies, harvest of timber may occur between the landward extent of the riparian retention area and 300 feet from the water body, consistent with the maintenance or enhancement of important wildlife habitat as determined by the commissioner with due deference to the Department of Fish and Game;
   3. on state forest land managed by the department that is in Region III,
      1. along a Type III-A water body, harvest of timber may not be undertaken within 100 feet of the water body; however, between 66 feet and 100 feet from the water body, harvest of timber may be undertaken where consistent with the maintenance of important fish and wildlife habitat as determined by the commissioner with the concurrence of the Department of Fish and Game;
      2. along a Type III-B water body, harvest of timber may not be undertaken within 50 feet of the water body; between 50 feet and 100 feet from the water body, up to 50 percent of standing white spruce trees having at least a nine-inch diameter at breast height may be harvested;
      3. along a Type III-C water body, harvest of timber within 100 feet of the water body must be consistent with the maintenance of important fish and wildlife habitat as determined by the commissioner with due deference to the Department of Fish and Game.
2. The commissioner may impose additional riparian protection standards for timber harvest operations through the adoption of land use plans under AS 38.04.065 . Within a state forest established under AS 41.17.200 — 41.17.230 , riparian standards adopted by the commissioner under this subsection may not exceed the standards established under (a) of this section unless the commissioner makes a finding of compelling state interest.
3. In the absence of a site-specific determination by the Department of Fish and Game, the commissioner shall presume for planning purposes that a stream is anadromous if it is connected to anadromous waters that are without Department of Fish and Game documentation of a physical blockage and has a stream gradient of 8 percent or less.

History. (§ 14 ch 34 SLA 1990; am § 9 ch 136 SLA 2000; am § 3 ch 123 SLA 2003; am § 10 ch 153 SLA 2003; am E.O. No. 107, §§ 28, 29 (2003); am § 3 ch 65 SLA 2006; am E.O. No. 114 § 28 (2008))

Administrative Code. —

For riparian standards, see 11 AAC 95, art. 2.

Editor’s notes. —

Section 32, ch. 34, SLA 1990 provides that this section “does not alter the terms of an existing contract or the outcome of litigation pending on May 12, 1990. An amendment to or renewal of an existing state timber contract must be consistent with AS 38.05 and AS 41.17.”

Sec. 41.17.119. Minimum riparian standards for other public land.

The riparian standards for other public land are as follows:

1. in Region I, harvest of timber may not be undertaken within 100 feet of an anadromous or high value resident fish water body;
2. in Region II, the standards are the same as for state land under AS 41.17.118(a)(2)(A) — (F) and regulations adopted under this chapter;
3. in Region III, the standards are the same as for state land under AS 41.17.118(a)(3) and regulations adopted under this chapter.

History. (§ 14 ch 34 SLA 1990; am § 4 ch 123 SLA 2003; am E.O. No. 107, § 30 (2003); am § 4 ch 65 SLA 2006)

Administrative Code. —

For riparian standards, see 11 AAC 95, art. 2.

Sec. 41.17.120. Inspections and investigations.

The commissioner may inspect and investigate forest land and activities on it and may enter upon it in conjunction with any operations as necessary to ensure compliance with applicable regulations and requirements and to otherwise enforce the provisions of this chapter. Other state agencies have this same authority to the extent necessary to enforce their own laws and regulations on forest land. Those agencies and the commissioner shall coordinate their actions under this section.

History. (§ 1 ch 108 SLA 1978; am E.O. No. 107, § 31 (2003); am E.O. No. 114 § 29 (2008))

Administrative Code. —

For introductory and notification provisions, see 11 AAC 95, art. 1.

Sec. 41.17.125. Enforcement coordination.

All state agencies with enforcement authority over an activity subject to regulation under this chapter shall establish a uniform enforcement strategy that avoids duplication and inconsistencies. All participating agencies shall agree to and comply with the contents of the uniform strategy. In developing and implementing the uniform strategy, each state agency retains its authority to determine the appropriate remedies under the statutes and regulations it administers.

History. (§ 15 ch 34 SLA 1990)

Sec. 41.17.131. Penalties for violations.

1. An operator, forest landowner, or timber owner who violates or permits a violation of this chapter, a regulation adopted under this chapter, a directive issued under AS 41.17.136 , or a stop work order issued under AS 41.17.138 is liable, after notice and hearing, for a civil fine in an amount not to exceed $10,000 to be assessed by the commissioner.  In determining the amount of civil fine, the commissioner shall consider
   1. the character and degree of injury to forest resources and values;
   2. the degree of intent or negligence of the respondent in causing or permitting the violation;
   3. the character and number of past violations caused or permitted by the respondent; and
   4. if the information is available, the net economic savings realized by the respondent through the violation.
2. An operator, forest landowner, or timber owner that, with criminal negligence, violates or permits a violation of this chapter, a regulation adopted under this chapter, a directive issued under AS 41.17.136 , or a stop work order issued under AS 41.17.138 is guilty of a class A misdemeanor.  In this subsection, “criminal negligence” has the meaning given in AS 11.81.900(a) .
3. Each day that a violation described in this section occurs is a separate violation.
4. If a respondent violates a directive issued under AS 41.17.136 or a stop work order issued under AS 41.17.138 , the attorney general, at the request of the commissioner, may seek an injunction requiring the respondent to suspend all or part of the operations until the respondent complies with the directive or stop work order, and requiring the respondent to repair or correct damage resulting from the violation.
5. If a respondent violates a directive issued under AS 41.17.136 that requires the respondent to repair or correct damage, the commissioner may proceed to repair or correct the damage using state agency employees or contractors and the respondent is liable for the cost of the repair.  The commissioner shall deliver to the respondent an itemized statement of expenses incurred.

History. (§ 1 ch 108 SLA 1978; am § 16 ch 34 SLA 1990)

Revisor’s notes. —

Formerly AS 41.17.130(a). Renumbered in 1983.

Cross references. —

For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

Secs. 41.17.133, 41.17.135. Notice and hearing; final orders; civil fines. [Repealed, § 33 ch 34 SLA 1990.]

Sec. 41.17.136. Directives.

1. Upon a determination that a planned or ongoing activity violates or would violate this chapter or a regulation adopted under it, the state forester shall notify the respondent in writing and direct the respondent to halt or avoid the violation or to repair or correct any damage resulting from the violation.  The written notification must include a summary of the basis for the directive.
2. The respondent may either comply with the directive or request a hearing under AS 41.17.139 within 15 days of receipt of the notification.  If a hearing is requested, the respondent may continue with the activity unless the state forester issues a stop work order under AS 41.17.138 .  If the directive is affirmed by the hearing officer, the respondent shall cease the activity unless a stay is issued under AS 41.17.143(c) or by the superior court.

History. (§ 17 ch 34 SLA 1990)

Administrative Code. —

For introductory and notification provisions, see 11 AAC 95, art. 1.

Sec. 41.17.137. Temporary orders. [Repealed, § 33 ch 34 SLA 1990.]

Sec. 41.17.138. Stop work orders.

1. Upon a determination that a violation of this chapter or a regulation adopted under it is occurring or is likely to occur and that significant harm to public resources is likely to occur if work is not halted before a hearing can be held, the state forester may issue a stop work order requiring the respondent to stop the violation or otherwise halt the threatened harm.  A stop work order must be in writing and must state the facts on which it is based.
2. The state forester shall immediately refer the matter to a hearing officer for determination of the validity of the stop work order under AS 41.17.139 .  The hearing officer shall consider any arguments and evidence presented by the respondent within five workdays after receipt of the stop work order and shall then make an immediate decision sustaining or reversing the stop work order.  The stop work order is of no further effect if it is not sustained by the hearing officer within the five-workday period.  A stop work order may be sustained only upon the same grounds on which it was originally issued.

History. (§ 18 ch 34 SLA 1990)

Sec. 41.17.139. Hearing procedures.

1. Unless otherwise specified, proceedings under  AS 41.17.131 — 41.17.139 are not subject to  AS 44.62 (Administrative Procedure Act). A hearing under  AS 41.17.136 or 41.17.138 shall be held before the state forester, a regional forester, or another employee of the division with similar qualifications acting as a hearing officer. A hearing on an appeal under  AS 41.17.087 and a hearing under  AS 41.17.082(b) shall be held before the commissioner or the commissioner’s designee.  A person who has assisted in the preparation of the division’s case is ineligible. Hearings are not limited by common law, statutory, or judicial rules of evidence; however, the hearing officer may admit only that evidence that appears to be reliable and trustworthy.  All hearings shall be open to the public.  Written or oral testimony may be submitted.  A party to a hearing may make written or oral argument, secure the issuance of a subpoena under  AS 44.62.430 , offer testimony or other evidence, and cross-examine witnesses.  The hearing officer shall endeavor, in conducting any hearing, to ensure that the respondent understands the proceedings and that the facts supporting the position of each party have been adequately presented.
2. If the respondent notifies the commissioner within five days before the hearing provided for in (a) of this section, the following rules and procedures apply to the hearing:
   1. the hearing shall be a nonadversary proceeding, with the hearing officer fully and impartially representing the interests of the state and the respondent;
   2. the hearing officer shall thoroughly investigate the facts and circumstances relating to the alleged violation, including taking testimony from appropriate persons, collecting and examining documents and other evidence, and performing other actions consistent with due process of law; and
   3. the hearing officer shall issue a decision in accordance with the applicable procedures of (a) of this section.
3. The hearing officer shall select the location of the hearing, giving consideration to the convenience of the parties and witnesses.  The hearing officer may permit witnesses to testify through teleconferencing.

History. (§ 1 ch 108 SLA 1978; am §§ 19, 20 ch 34 SLA 1990)

Revisor’s notes. —

Formerly AS 41.17.130(h). Renumbered in 1983.

Administrative Code. —

For introductory and notification provisions, see 11 AAC 95, art. 1.

Sec. 41.17.141. Enforcement of orders. [Repealed, § 33 ch 34 SLA 1990.]

Sec. 41.17.143. Appeals and judicial review.

1. A decision by a hearing officer under AS 41.17.136 or 41.17.138 or by the commissioner under AS 41.17.082(b) , 41.17.087 , or 41.17.131(a) constitutes final agency action that may be appealed to the superior court within 30 days after it is issued.  Judicial review shall be as provided in AS 44.62.560 and 44.62.570 .
2. An operator, forest landowner, or timber owner may request the commissioner to reconsider the decision of a hearing officer within 30 days after it is issued.  Reconsideration is not a precondition of judicial review under (a) of this section.  If reconsideration is requested, the final agency action for purposes of judicial review is a decision by the commissioner to affirm, modify, or reverse the hearing officer or to deny the request for reconsideration.
3. The commissioner may stay or modify a directive or order pending administrative or judicial review.  A stay or modification may not be appealed separately from an appeal of the substantive decision.
4. A person, except the aggrieved forest landowner, timber owner, or operator, may not maintain an administrative or judicial appeal, or other action or proceeding of any kind, challenging a decision or failure to act by the department with respect to the compliance of a timber operation on private forest land with this chapter or a regulation, standard, directive, or order issued under this chapter. This subsection does not prohibit the maintenance of an action
   1. for an alleged violation of a constitutional right; or
   2. against the department regarding a regulation, standard, or systematic course of conduct that does not involve a challenge to, or attempt to enjoin, stay, modify, or otherwise affect a timber operation on private forest land subject to this chapter.

History. (§ 1 ch 108 SLA 1978; am § 21 ch 34 SLA 1990)

Revisor’s notes. —

Formerly AS 41.17.140. Renumbered in 1983.

Administrative Code. —

For introductory and notification provisions, see 11 AAC 95, art. 1.

Sec. 41.17.200. State forest purposes and management.

1. The purpose of AS 41.17.200 — 41.17.230 is to permit the establishment of designated state-owned or acquired land and water areas as state forests. The primary purpose in the establishment of state forests is timber management that provides for the production, utilization, and replenishment of timber resources while allowing other beneficial uses of public land and resources.
2. In managing a state forest, the commissioner shall, consistent with the primary purpose of a state forest under (a) of this section, restrict the public use of the land and its resources, including timber, fish and wildlife, and minerals, only when necessary to carry out the purposes of this chapter.

History. (§ 1 ch 91 SLA 1983; am §§ 7, 8 ch 122 SLA 1996; am § 11 ch 153 SLA 2003)

Sec. 41.17.210. State forests.

1. The governor may propose to the legislature the establishment of state forests consisting primarily of commercially valuable forest land determined by the governor to be necessary for retention in state ownership for management under the principles of multiple use and sustained yield and consistent with AS 38.04.005 . The proposal of the governor must include a report and recommendations of the commissioner including
   1. a preliminary forest inventory;
   2. a summary of the testimony offered at public hearings held on the management of the proposed state forest in communities proximately located to a proposed state forest;
   3. [Repealed, § 16 ch 153 SLA 2003.]
   4. [Repealed, § 16 ch 153 SLA 2003.]
   5. an estimate of the cost of a full implementation of an operational level forest inventory and the management plan.
2. A state forest established by the legislature shall be retained in state ownership.

History. (§ 1 ch 91 SLA 1983; am § 22 ch 34 SLA 1990; am § 9 ch 122 SLA 1996; am § 16 ch 153 SLA 2003)

Opinions of attorney general. —

The provisions of Title 38 regarding acquisition, management, and disposal of state land do not apply to land withdrawn from the state public domain as a state park or recreation area. Title 38 does apply to state forests, except that land in a state forest may not be conveyed to a third party and is subject to limitations on other types of state land disposals. February 21, 1985, Op. Att’y Gen.

Sec. 41.17.220. Management of state forests.

Land within a state forest or within a unit of a state forest shall be managed under

1. the sustained yield principle;
2. this chapter; and
3. a forest management plan prepared by the department.

History. (§ 1 ch 91 SLA 1983; am § 12 ch 153 SLA 2003)

Sec. 41.17.230. Management plans.

1. The commissioner shall prepare a forest management plan consistent with AS 38.04.005 and this chapter for each state forest and for each unit of a state forest to assist in meeting the requirements of this chapter. An operational level forest inventory shall be completed before a forest management plan for the state forest or the unit of a state forest is adopted. The forest management plan shall be adopted, implemented, and maintained within three years of the establishment of a state forest by the legislature. To the extent they are found to be compatible with the primary purpose of state forests under AS 41.17.200 , the forest management plan must consider and permit uses of forest land for nontimber purposes, including recreation, tourism, mining, mineral exploration, mineral leasing, material extraction, consumptive and nonconsumptive uses of wildlife and fish, grazing and other agricultural activities, and other traditional uses. If the commissioner finds that a permitted use is incompatible with one or more other uses in a portion of a state forest, the commissioner shall affirmatively state in the management plan that finding of incompatibility for the specific area where the incompatibility is anticipated to exist and the time period when the incompatibility is anticipated to exist together with the reasons and benefits for each finding.
2. The commissioner shall review and revise a forest management plan when necessary.
3. A management plan may not be adopted or revised after the establishment of the state forest without prior review by the Board of Forestry and by other appropriate state agencies or without prior public hearings held in a community proximately located to the state forest or to a unit of a state forest.
4. [Repealed, § 16 ch 153 SLA 2003.]
5. [Repealed, § 34 ch 34 SLA 1990.]
6. [Repealed, § 34 ch 34 SLA 1990.]

History. (§ 1 ch 91 SLA 1983; am § 34 ch 34 SLA 1990; am § 10 ch 122 SLA 1996; am §§ 13, 14, 16 ch 153 SLA 2003)

Cross references. —

For current law on forest land use plans and on permissible uses formerly set out in this section, see AS 38.05.112 .

Sec. 41.17.300. State land reforestation fund.

A state land reforestation fund is established in the department. The money in the state land reforestation fund may be used only for the reforestation of state land, including site preparation, seed and seedling acquisition and cultivation, planting, and other reforestation measures, timber stand improvement, and the development of materials and techniques for the reforestation of state land.

History. (§ 2 ch 91 SLA 1983)

Sec. 41.17.310. Appropriations to state land reforestation fund.

1. The state land reforestation fund consists of money appropriated by the legislature and contributions from private donors.  It is the intent of the legislature that the appropriations made to the fund equal no less than 25 percent of the revenues from the sale of timber and other forest products from state land as well as the total revenues from
   1. compensation for loss or damage to land within a state forest; and
   2. the federal government and other governmental units for reforestation.
2. Money appropriated to or paid into the state land reforestation fund does not lapse.

History. (§ 2 ch 91 SLA 1983)

Sec. 41.17.320. Report.

The commissioner shall prepare an annual report on the uses of the money in the state land reforestation fund, the proposed uses of the fund in the following fiscal year, and the balance in the fund. The commissioner shall notify the legislature within the first 10 days of each session of the legislature that the report is available.

History. (§ 2 ch 91 SLA 1983; am § 76 ch 21 SLA 1995)

Sec. 41.17.400. Tanana Valley State Forest.

1. Subject to valid existing rights and except for land owned by or transferred to the University of Alaska under a settlement agreement between the state and the university, the state-owned or acquired land and water lying within the parcels described in (d) of this section is designated as the Tanana Valley State Forest.
2. The commissioner shall prepare a management plan for the Tanana Valley State Forest under AS 41.17.230 .
3. The commissioner may establish transportation corridors within the Tanana Valley State Forest.
4. The Tanana Valley State Forest includes the state-owned or acquired land and water lying within the following described parcels:
   1. Township 1 North, Range 2 East, Fairbanks Meridian
   2. Township 1 North, Range 3 East, Fairbanks Meridian
   3. Township 1 North, Range 4 East, Fairbanks Meridian
   4. Township 1 North, Range 5 East, Fairbanks Meridian
   5. Township 1 North, Range 4 West, Fairbanks Meridian
   6. Township 1 North, Range 5 West, Fairbanks Meridian;
   7. Township 1 North, Range 6 West, Fairbanks Meridian
   8. Township 1 North, Range 8 West, Fairbanks Meridian
   9. Township 1 North, Range 9 West, Fairbanks Meridian
   10. Township 1 North, Range 10 West, Fairbanks Meridian
   11. Township 1 North, Range 11 West, Fairbanks Meridian
   12. Township 1 North, Range 12 West, Fairbanks Meridian;
   13. Township 1 North, Range 13 West, Fairbanks Meridian
   14. Township 2 North, Range 2 East, Fairbanks Meridian
   15. Township 2 North, Range 3 East, Fairbanks Meridian
   16. Township 2 North, Range 4 East, Fairbanks Meridian
   17. Township 2 North, Range 3 West, Fairbanks Meridian
   18. Township 2 North, Range 5 West, Fairbanks Meridian
   19. Township 2 North, Range 10 West, Fairbanks Meridian
   20. Township 2 North, Range 11 West, Fairbanks Meridian
   21. Township 2 North, Range 12 West, Fairbanks Meridian;
   22. Township 2 North, Range 13 West, Fairbanks Meridian
   23. Township 2 North, Range 14 West, Fairbanks Meridian
   24. Township 3 North, Range 2 West, Fairbanks Meridian
   25. Township 3 North, Range 3 West, Fairbanks Meridian
   26. Township 3 North, Range 4 West, Fairbanks Meridian
   27. Township 3 North, Range 5 West, Fairbanks Meridian
   28. Township 3 North, Range 6 West, Fairbanks Meridian
   29. Township 3 North, Range 7 West, Fairbanks Meridian
   30. Township 3 North, Range 10 West, Fairbanks Meridian
   31. Township 3 North, Range 11 West, Fairbanks Meridian
   32. Township 3 North, Range 12 West, Fairbanks Meridian
   33. Township 3 North, Range 13 West, Fairbanks Meridian
   34. Township 3 North, Range 14 West, Fairbanks Meridian
   35. Township 4 North, Range 5 West, Fairbanks Meridian
   36. Township 4 North, Range 6 West, Fairbanks Meridian
   37. Township 4 North, Range 7 West, Fairbanks Meridian
   38. Township 4 North, Range 13 West, Fairbanks Meridian
   39. Township 5 North, Range 5 West, Fairbanks Meridian
   40. Township 6 North, Range 4 West, Fairbanks Meridian
   41. Township 6 North, Range 5 West, Fairbanks Meridian
   42. Township 7 North, Range 4 West, Fairbanks Meridian
   43. Township 7 North, Range 5 West, Fairbanks Meridian
   44. Township 15 North, Range 11 East, Copper River Meridian
   45. Township 16 North, Range 11 East, Copper River Meridian
   46. Township 16 North, Range 12 East, Copper River Meridian
   47. Township 17 North, Range 11 East, Copper River Meridian
   48. Township 17 North, Range 12 East, Copper River Meridian
   49. Township 18 North, Range 11 East, Copper River Meridian
   50. Township 18 North, Range 13 East, Copper River Meridian
   51. Township 19 North, Range 8 East, Copper River Meridian
   52. Township 19 North, Range 9 East, Copper River Meridian
   53. Township 19 North, Range 12 East, Copper River Meridian
   54. Township 19 North, Range 13 East, Copper River Meridian, excluding Sections 30 — 32;
   55. Township 19 North, Range 14 East, Copper River Meridian;
   56. Township 19 North, Range 15 East, Copper River Meridian
   57. Township 20 North, Range 8 East, Copper River Meridian
   58. Township 20 North, Range 9 East, Copper River Meridian;
   59. Township 20 North, Range 10 East, Copper River Meridian;
   60. Township 20 North, Range 11 East, Copper River Meridian
   61. Township 20 North, Range 12 East, Copper River Meridian
   62. Township 20 North, Range 13 East, Copper River Meridian
   63. Township 21 North, Range 8 East, Copper River Meridian
   64. Township 21 North, Range 9 East, Copper River Meridian;
   65. Township 21 North, Range 10 East, Copper River Meridian
   66. Township 22 North, Range 5 East, Copper River Meridian
   67. Township 22 North, Range 8 East, Copper River Meridian;
   68. Township 22 North, Range 9 East, Copper River Meridian;
   69. Township 23 North, Range 5 East, Copper River Meridian
   70. Township 23 North, Range 6 East, Copper River Meridian
   71. Township 23 North, Range 7 East, Copper River Meridian
   72. Township 23 North, Range 8 East, Copper River Meridian;
   73. Township 24 North, Range 5 East, Copper River Meridian
   74. Township 24 North, Range 6 East, Copper River Meridian;
   75. Township 24 North, Range 7 East, Copper River Meridian;
   76. Township 25 North, Range 6 East, Copper River Meridian;
   77. Township 25 North, Range 7 East, Copper River Meridian;
   78. Township 25 North, Range 8 East, Copper River Meridian
   79. Township 26 North, Range 5 East, Copper River Meridian;
   80. Township 26 North, Range 6 East, Copper River Meridian;
   81. Township 1 South, Range 3 East, Fairbanks Meridian
   82. Township 1 South, Range 4 East, Fairbanks Meridian
   83. Township 1 South, Range 5 East, Fairbanks Meridian
   84. Township 1 South, Range 3 West, Fairbanks Meridian
   85. Township 1 South, Range 4 West, Fairbanks Meridian
   86. Township 1 South, Range 5 West, Fairbanks Meridian
   87. Township 1 South, Range 6 West, Fairbanks Meridian
   88. Township 1 South, Range 8 West, Fairbanks Meridian
   89. Township 1 South, Range 10 West, Fairbanks Meridian
   90. Township 1 South, Range 11 West, Fairbanks Meridian
   91. Township 1 South, Range 12 West, Fairbanks Meridian
   92. Township 1 South, Range 13 West, Fairbanks Meridian
   93. Township 2 South, Range 3 West, Fairbanks Meridian
   94. Township 2 South, Range 4 West, Fairbanks Meridian
   95. Township 2 South, Range 5 West, Fairbanks Meridian
   96. Township 2 South, Range 6 West, Fairbanks Meridian
   97. Township 2 South, Range 7 West, Fairbanks Meridian
   98. Township 2 South, Range 11 West, Fairbanks Meridian
   99. Township 2 South, Range 12 West, Fairbanks Meridian
   100. Township 2 South, Range 13 West, Fairbanks Meridian
   101. Township 3 South, Range 3 West, Fairbanks Meridian
   102. Township 3 South, Range 4 West, Fairbanks Meridian
   103. Township 3 South, Range 5 West, Fairbanks Meridian
   104. Township 3 South, Range 6 West, Fairbanks Meridian
   105. Township 3 South, Range 7 West, Fairbanks Meridian
   106. Township 3 South, Range 12 West, Fairbanks Meridian
   107. Township 3 South, Range 13 West, Fairbanks Meridian
   108. Township 4 South, Range 4 East, Fairbanks Meridian
   109. Township 4 South, Range 6 West, Fairbanks Meridian
   110. Township 4 South, Range 7 West, Fairbanks Meridian
   111. Township 4 South, Range 13 West, Fairbanks Meridian
   112. Township 5 South, Range 4 East, Fairbanks Meridian
   113. Township 5 South, Range 5 East, Fairbanks Meridian
   114. Township 5 South, Range 6 East, Fairbanks Meridian
   115. Township 5 South, Range 8 East, Fairbanks Meridian
   116. Township 5 South, Range 9 East, Fairbanks Meridian
   117. Township 6 South, Range 4 East, Fairbanks Meridian
   118. Township 6 South, Range 5 East, Fairbanks Meridian
   119. Township 6 South, Range 6 East, Fairbanks Meridian
   120. Township 6 South, Range 7 East, Fairbanks Meridian
   121. Township 6 South, Range 8 East, Fairbanks Meridian;
   122. Township 6 South, Range 9 East, Fairbanks Meridian;
   123. Township 6 South, Range 10 East, Fairbanks Meridian;
   124. Township 7 South, Range 6 East, Fairbanks Meridian
   125. Township 7 South, Range 7 East, Fairbanks Meridian
   126. Township 7 South, Range 8 East, Fairbanks Meridian
   127. Township 7 South, Range 9 East, Fairbanks Meridian
   128. Township 7 South, Range 10 East, Fairbanks Meridian
   129. Township 7 South, Range 11 East, Fairbanks Meridian
   130. Township 7 South, Range 12 East, Fairbanks Meridian;
   131. Township 8 South, Range 5 East, Fairbanks Meridian
   132. Township 8 South, Range 6 East, Fairbanks Meridian
   133. Township 8 South, Range 7 East, Fairbanks Meridian
   134. Township 8 South, Range 8 East, Fairbanks Meridian
   135. Township 8 South, Range 10 East, Fairbanks Meridian
   136. Township 8 South, Range 11 East, Fairbanks Meridian
   137. Township 8 South, Range 12 East, Fairbanks Meridian
   138. Township 8 South, Range 13 East, Fairbanks Meridian
   139. Township 9 South, Range 11 East, Fairbanks Meridian
   140. Township 9 South, Range 12 East, Fairbanks Meridian
   141. Township 9 South, Range 13 East, Fairbanks Meridian
   142. Township 9 South, Range 14 East, Fairbanks Meridian;
   143. Township 9 South, Range 16 East, Fairbanks Meridian;
   144. Township 10 South, Range 12 East, Fairbanks Meridian
   145. Township 10 South, Range 13 East, Fairbanks Meridian
   146. Township 10 South, Range 14 East, Fairbanks Meridian
   147. Township 10 South, Range 16 East, Fairbanks Meridian
   148. Township 11 South, Range 14 East, Fairbanks Meridian
   149. Township 11 South, Range 16 East, Fairbanks Meridian;
   150. Township 12 South, Range 14 East, Fairbanks Meridian
   151. Township 12 South, Range 15 East, Fairbanks Meridian
   152. Township 12 South, Range 16 East, Fairbanks Meridian
   153. Township 13 South, Range 15 East, Fairbanks Meridian
   154. Township 13 South, Range 16 East, Fairbanks Meridian
   155. Township 14 South, Range 16 East, Fairbanks Meridian
5. The wildlife management objective of the Tanana Valley State Forest is the production of wildlife for a high level of sustained yield for human use through habitat improvement techniques to the extent consistent with the primary purpose of a state forest under AS 41.17.200 .

Sections 1 — 3

Sections 10 — 12

Sections 13 — 15: N1/2;

Section 1: E1/2, E1/2SW1/4, SW1/4SW1/4, SE1/4NW1/4

Section 2: NW1/4, NW1/4SW1/4

Sections 3 — 5

Section 6: N1/2

Section 7: E1/2E1/2

Sections 8 — 9

Section 10: NW1/4SW1/4, N1/2NW1/4, SW1/4NW1/4

Section 11: E1/2, S1/2SW1/4

Sections 12 — 14

Section 15: S1/2NE1/4, NE1/4NE1/4, S1/2;

Sections 1 — 12

Sections 16 — 18;

Sections 6 — 10

Sections 15 — 16;

Section 5: W1/2

Sections 6 — 11

Section 15

Sections 16 — 24

Section 27

Section 28: NE1/4, NE1/4SE1/4

Section 29: S1/2, W1/2NW1/4

Sections 30 — 32

Section 33: W1/2;

Section 1

Sections 12 — 13

Sections 24 — 25

Sections 35 — 36;

Sections 17 — 20

Sections 29 — 34

Section 35: W1/2;

Sections 13 — 36;

Sections 13 — 36;

Sections 5 — 7

Section 18: west of Tolovana River

Section 19: west of Tolovana River

Section 30: west of Tolovana River

Sections 31 — 36;

Sections 1 — 3

Sections 10 — 15

Sections 22 — 26

Sections 35 — 36;

Sections 34 — 36;

Sections 13 — 16

Sections 21 — 29

Sections 31 — 36;

Sections 5 — 8

Sections 17 — 19

Section 30: N1/2;

Section 11: S1/2

Section 12: S1/2

Sections 13 — 17

Sections 19 — 24;

Section 1

Section 2: N1/2

Section 3: N1/2

Sections 4 — 8

Section 9: N1/2

Section 11: S1/2

Sections 12 — 14

Section 15: S1/2

Section 17: N1/2

Sections 18 — 19

Sections 21 — 36;

Sections 4 — 6

Section 7: N1/2;

Sections 1 — 9

Section 10: N1/2

Section 11: N1/2

Section 12: N1/2

Sections 16 — 21

Sections 28 — 33;

Sections 1 — 30

Sections 33 — 36;

Sections 23 — 26;

Section 7: Tract E, ASLS 81-20

Section 8: Tracts H, J, K, L, ASLS 81-20

Section 17: Tracts M, N, O, ASLS 81-20

Section 18: Tracts A, B, ASLS 81-20

Section 19;

Section 13

Sections 19 — 24

Section 25: N1/2

Section 31: N1/2, SW1/4

Section 32: N1/2

Section 33: N1/2

Section 34: N1/2

Section 35: N1/2;

Section 3: west of Washington Creek

Sections 4 — 7

Section 8: west of Washington Creek

Section 9: west of Washington Creek

Section 10: west of Washington Creek

Section 17: west of Washington Creek

Sections 18 — 36;

Section 1

Section 4: north of left limit of Tatalina River

Section 5: north of left limit of Tatalina River

Sections 6 — 7

Sections 11 — 36;

Sections 1 — 12;

Sections 1 — 3

Sections 10 — 12;

Sections 1 — 10

Sections 15 — 33;

Sections 1 — 3

Sections 10 — 15

Sections 19 — 36;

Section 19: east of right limit of Hutlitakwa Creek

Section 20: east of right limit of Hutlitakwa Creek

Section 21: east of right limit of Hutlitakwa Creek

Sections 22 — 29

Section 30: east of right limit of Hutlitakwa Creek

Sections 31 — 36;

Sections 3 — 4

Section 9

Sections 16 — 17

Sections 19 — 20

Section 21: W1/2

Section 25: east of right limit of Hutlitakwa Creek

Section 26: east of right limit of Hutlitakwa Creek

Sections 29 — 32

Section 34: east of right limit of Hutlitakwa Creek

Section 35: east of right limit of Hutlitakwa Creek

Section 36;

Section 25: E1/2

Section 36;

Section 1: west of left limit of Tatalina River

Sections 2 — 10

Section 11: west of left limit of Tatalina River

Section 12: west of left limit of Tatalina River

Section 14: west of left limit of Tatalina River

Section 15: west of left limit of Tatalina River

Sections 16 — 21

Section 22: west of left limit of Tatalina River

Section 27: west of left limit of Tatalina River

Section 28: west of left limit of Tatalina River

Sections 29 — 32

Section 33: west of left limit of Tatalina River;

Section 1

Sections 10 — 15

Sections 22 — 36;

Sections 25 — 26

Section 32: SE 1/4

Sections 33 — 36;

Section 27

Section 33: SE1/4

Section 34;

Sections 1 — 2: west of Slate Creek

Sections 3 — 5

Section 6: E1/2

Section 7: E1/2

Sections 8 — 11

Section 12: west of Slate Creek

Sections 13 — 17

Section 18: E1/2

Sections 19 — 36;

Section 5: west of Alyeska Pipeline right-of-way and north of left limit of Slate Creek

Section 6: west of Alyeska Pipeline right-of-way

Section 7: west of left limit of Slate Creek

Section 8: west of left limit of Slate Creek

Section 18: west of left limit of Slate Creek

Section 19: west of left limit of Slate Creek;

Sections 1 — 4

Section 5: E1/2

Section 8: E1/2

Sections 9 — 16

Section 17: E1/2

Sections 20 — 23

Section 24: west of left limit of Slate Creek

Section 25: west of left limit of Slate Creek

Section 26: west of left limit of Slate Creek

Sections 27 — 29

Sections 32 — 34

Section 35: west of left limit of Slate Creek;

Section 30: west of Alyeska Pipeline right-of-way

Section 31: west of Alyeska Pipeline right-of-way;

Section 15: west of Alyeska Pipeline right-of-way

Section 16: E1/2

Section 21: E1/2

Section 22: west of Alyeska Pipeline right-of-way

Section 23: west of Alyeska Pipeline right-of-way

Section 25: west of Alyeska Pipeline right-of-way

Section 26: west of Alyeska Pipeline right-of-way

Section 27

Section 28: E1/2

Section 33: E1/2

Sections 34 — 36;

Sections 1 — 2

Section 3: excluding ASLS 78-42

Sections 4 — 8

Sections 17 — 19

Section 30

Section 31;

Sections 1 — 3

Sections 10 — 15

Sections 22 — 36;

Sections 1 — 12

Sections 14 — 22

Sections 28 — 32;

Sections 1 — 3

Sections 10 — 15;

Section 5: west of Eagle Trail

Section 6: west of Eagle Trail

Sections 7 — 8

Section 9: west of Eagle Trail

Section 15: west of Eagle Trail

Section 16: west of Eagle Trail

Sections 17 — 21

Section 22: west of Eagle Trail

Section 23: west of Eagle Trail

Section 26: west of Eagle Trail

Sections 27 — 34

Section 35: west of Eagle Trail;

Section 26: west of Eagle Trail

Sections 27 — 33

Section 34: west of Eagle Trail

Section 35: west of Eagle Trail

Section 36: west of Eagle Trail;

Sections 4 — 5;

Section 1: east of left limit of Tanana River

Section 2: east of left limit of Tanana River

Section 12: east of left limit of Tanana River

Section 13: east of left limit of Tanana River

Section 24: east of left limit of Tanana River

Section 25: east of left limit of Tanana River;

Sections 1 — 21

Section 22: north of left limit of Tanana River

Section 23: north of left limit of Tanana River

Section 24: north of left limit of Tanana River

Section 25: north of left limit of Tanana River

Section 28: north of left limit of Tanana River

Section 29: north of left limit of Tanana River

Section 30: north of left limit of Tanana River

Section 31: north of left limit of Tanana River

Section 32: north of left limit of Tanana River;

Sections 1 — 3

Section 10

Section 11: excluding F14438 Parcel B

Section 12

Section 13: excluding F14471 Parcel B

Sections 14 — 15

Section 16: E1/2

Section 17: S1/2

Section 19

Section 20: excluding USS6011 F024775 Parcel E

Sections 21 — 36;

Sections 16 — 36;

Sections 1 — 2

Section 3: east of Alaska Highway

Section 10: east of Alaska Highway

Sections 11 — 13

Section 14: east of Alaska Highway

Section 23: east of Alaska Highway

Sections 24 — 25

Section 26: east of Alaska Highway

Section 35: east of Alaska Highway

Section 36;

Sections 1 — 16

Section 17

Section 18

Sections 20 — 23

Sections 28 — 29

Section 32

Section 33: excluding USS 4377, NA Parcel A, F12549, NA, Parcels B, F-14422;

Sections 20 — 23

Section 24: excluding NA, F-12107

Sections 25 — 29

Sections 34 — 36;

Sections 19 — 36;

Sections 1 — 6

Sections 8 — 17

Sections 21 — 25

Sections 26 — 27: excluding USS 3620

Section 34: excluding USS 5622A

Section 36;

Sections 23 — 26

Sections 35 — 36;

Sections 1 — 12

Section 13: north of Alaska Highway

Section 14: north of Alaska Highway

Section 15: north of Alaska Highway

Section 16: north of Alaska Highway

Section 17: north of Alaska Highway

Section 18: north of Alaska Highway;

Sections 1 — 3

Sections 10 — 15

Sections 21 — 24;

Sections 2 — 7

Section 13

Sections 18 — 19

Sections 24 — 25;

Sections 1 — 30

Section 34: NE1/4, S1/2

Sections 35 — 36;

Sections 1 — 5

Sections 8 — 17

Sections 20 — 29

Sections 34 — 36;

Sections 6 — 7

Sections 18 — 19

Sections 31 — 32;

Section 1

Sections 11 — 14

Section 15: S1/2, S1/2N1/2

Section 16

Section 23: NE1/4

Section 24: N1/2;

Sections 1 — 2

Section 4: S1/2

Section 5: S1/2, NW1/4

Sections 6 — 7

Section 8: north of Chena River

Section 9: the NW1/4 north of Chena River, N1/2NE1/4

Section 10: NE1/4

Section 11

Section 12: N1/2

Section 17: north of Chena River

Section 18;

Section 6;

Section 26: S1/2 south of Parks Highway

Section 27: south of Parks Highway

Section 28: south of Parks Highway

Section 29: west of Old Nenana Highway and south of Parks Highway

Section 31: south of Parks Highway

Section 32: south of Parks Highway

Section 33: south of Parks Highway

Section 34: south of Parks Highway

Section 35;

Section 4: SW1/4

Sections 7 — 8

Section 9: NW1/4

Section 18: N1/2

Section 23: SE1/4, SE1/4NE1/4

Sections 24 — 29

Section 32: N1/2N1/2

Section 34: excluding NW1/4NW1/4

Sections 35 — 36;

Sections 2 — 12

Section 13: N1/2

Sections 14 — 23

Sections 28 — 30

Section 31: N1/2, N1/2S1/2

Section 32: N1/2, N1/2S1/2;

Sections 1 — 4

Sections 9 — 16

Sections 21 — 28

Sections 32 — 34

Section 35: E1/2

Section 36: N1/2;

Sections 3 — 10

Sections 15 — 22

Sections 27 — 34;

Sections 1 — 6;

Sections 1 — 24

Sections 27 — 34;

Sections 1 — 2

Sections 11 — 14

Section 21: south of the unnamed creek

Sections 22 — 28

Section 31: south of right limit of Tanana River

Section 32: south of right limit of Tanana River

Sections 33 — 36;

Section 27: north of a branch of Tanana River

Section 34: north of a branch of Tanana River

Section 35: north of a branch of Tanana River

Section 36: north of a branch of Tanana River;

Section 2: N1/2, tract F, ASLS 80 — 118

Sections 3 — 10

Section 13: Lots A and C

Section 14: Lots 5 — 7, NE1/4, SW1/4

Section 15: west of left limit of Tanana River

Sections 16 — 19

Section 20: north of military reservation

Section 21: north of military reservation

Section 22: north of military reservation

Section 23: north of military reservation

Section 24: north of military reservation

Section 28: north of military reservation

Section 29: north of military reservation

Sections 30 — 31

Section 32: north of military reservation;

Sections 1 — 3

Section 4: E1/2, SW1/4

Section 7: SE1/4SE1/4

Section 8: S1/2NE1/4, SE1/4, E1/2SW1/4, SW1/4SW1/4, and all land south of Parks Highway

Sections 9 — 36;

Sections 1 — 2

Sections 7 — 27

Sections 31 — 36;

Section 3

Section 4: N1/2, SE1/4, SW1/4SW1/4

Section 5

Sections 10 — 12

Section 16;

Section 35: SE1/4SE1/4

Section 36: SE1/4, SE1/4NE1/4, E1/2SW1/4, SW1/4SW1/4;

Section 6;

Sections 1 — 24

Sections 27 — 34;

Sections 1 — 6

Section 7: Tracts A, B, and C, ASLS 81-54 SW1/4

Section 8: NE1/4, Tracts D, E, F, ASLS 81-54

Sections 9 — 30

Sections 33 — 36;

Section 6: north of military reservation

Section 7: north of military reservation;

Sections 1 — 11

Section 12: north of military reservation

Section 14: north of military reservation

Section 15: north of military reservation

Section 16

Section 17: north of military reservation

Section 20: north of military reservation

Section 21: north of military reservation

Section 22: north of military reservation;

Sections 1 — 12

Section 13: NW1/4NW1/4, Lots 2 — 4

Section 14: north of left limit of Tanana River

Section 15: north of left limit of Tanana River

Section 17: north of left limit of Tanana River

Section 18: north of left limit of Tanana River

Section 19: north of left limit of Tanana River, excluding NE1/4NE1/4

Section 20: north of left limit of Tanana River, excluding Lot 3

Section 21: north of left limit of Tanana River

Section 31: Lot 2;

Sections 13 — 36;

Section 1

Section 2: E1/2, E1/2SW1/4, SW1/4SW1/4

Section 3: SE1/4SE1/4

Section 9: south of Parks Highway

Section 10: that portion of NE1/4 that lies south of Parks Highway, SW1/4SE1/2

Section 11: N1/2, N1/2SE1/4

Section 12: N1/2, N1/2S1/2

Section 20: S1/2

Sections 22 — 29

Sections 31 — 36;

Sections 3 — 10

Sections 15 — 19

Section 30;

Section 12: E1/2

Section 13

Section 14: E1/2

Sections 24 — 25

Section 26: E1/2

Sections 35 — 36;

Section 30: west of Richardson Highway

Section 31: west of Richardson Highway

Section 32: west of Richardson Highway;

Sections 1 — 12

Sections 14 — 18;

Sections 1 — 12

Section 13: north of left limit of Tanana River

Section 14: north of left limit of Tanana River

Section 18: Lots 3 — 6;

Sections 1 — 2

Section 3: east of left limit of Kantishna River

Section 4: east of left limit of Kantishna River

Section 8: east of left limit of Kantishna River

Section 9: east of left limit of Kantishna River

Section 10: east of left limit of Kantishna River

Section 11

Section 15

Section 16: east of left limit of Kantishna River

Section 17: east of left limit of Kantishna River

Section 20: east of left limit of Kantishna River

Section 21: east of left limit of Kantishna River

Section 22

Section 27: east of left limit of Kantishna River

Section 28: east of left limit of Kantishna River

Section 29: east of left limit of Kantishna River

Section 33: east of left limit of Kantishna River

Section 34: east of left limit of Kantishna River;

Sections 5 — 6

Section 7: east of military reservation

Section 8

Section 17

Section 18: east of military reservation

Section 19: east of military reservation

Section 20

Section 29

Section 30: east of military reservation

Section 31

Section 32: excluding NE1/4SE1/4, Lots 1 — 4;

Sections 25 — 29

Sections 33 — 36;

Sections 28 — 29

Section 30: S1/2

Sections 31 — 34

Section 36: S1/2;

Sections 1 — 6

Sections 8 — 17

Sections 20 — 30

Sections 32 — 36;

Sections 4 — 9

Sections 13 — 36;

Section 5: excluding Lots 1, 2

Section 6: east of military reservation

Section 7: east of military reservation

Section 8

Section 9: excluding N1/2NE1/4SE1/4, S1/2S1/2NE1/4, Lot 5

Section 14: Lot 4

Section 15: south of Tanana River

Section 16

Section 21: east of military reservation

Section 22

Section 23: NE1/4NE1/4, that portion west of Richardson Highway

Section 25: south of Richardson Highway

Section 26: excluding Lot 1

Section 27: east of military reservation

Section 35

Section 36: W1/2SW1/4;

Sections 1 — 4

Sections 9 — 15

Section 16: S1/2, NE1/4

Section 20: S1/2

Sections 21 — 28

Section 29: N1/2

Section 36;

Section 1

Sections 3 — 9

Section 10: W1/2

Section 11: E1/2

Sections 12 — 36;

Sections 3 — 36;

Sections 1 — 5

Sections 8 — 15

Sections 21 — 24

Section 25: north of left limit of Tanana River

Section 26: north of left limit of Tanana River

Section 27: north of left limit of Tanana River

Section 28

Section 29: S1/2

Section 30: S1/2

Sections 31 — 32

Section 33: north of left limit of Tanana River;

Sections 1 — 18

Section 19: north of Richardson Highway

Section 20: north of Richardson Highway

Section 21: north of Richardson Highway

Sections 23 — 26

Section 27: north of Richardson Highway

Section 35: excluding ASLS 81-213 except Tract A

Section 36: excluding ASLS 81-213 except Tract A;

Sections 1 — 12

Sections 15 — 21

Section 22: W1/2

Section 27: W1/2

Sections 28 — 32

Section 34;

Sections 3 — 10

Section 15: N1/2

Section 16: N1/2;

Sections 24 — 25

Sections 35 — 36;

Sections 1 — 2

Sections 11 — 14

Sections 19 — 36;

Section 1: S1/2SW1/4

Section 2: S1/2 north of military reservation, S1/2NW1/4, SW1/4NE1/4

Section 3: SE1/4NE1/4, NE1/4SE1/4, north of military reservation

Section 11: north of the military reservation

Section 12: north of the military reservation

Section 13: north of the military reservation;

Section 1: S1/2SW1/4, SW1/4SE1/4

Section 2: S1/2S1/2

Section 3: S1/2S1/2

Sections 7 — 16

Section 17: north of military reservation

Section 18: north of military reservation

Section 20: north of military reservation

Section 21: north of military reservation

Sections 22 — 26

Section 27: north of military reservation

Section 28: north of military reservation;

Section 1

Section 13: W1/2, SE1/4, SW1/4NE1/4

Section 14: W1/2SW1/4, E1/2NE1/4

Section 15: S1/2, NW1/4, S1/2NE1/4

Sections 16 — 17

Section 19: SE1/4SE1/4

Sections 20 — 22

Section 23: NW1/4, N1/2SW1/4, NE1/4NE1/4, W1/2NE1/4

Section 24: N1/2 NW1/4

Section 27: W1/2, NW1/4NE1/4

Section 28: NE1/4SE 1/4, north of Delta River

Section 29

Section 30: NE1/4NE1/4

Section 34: NW1/4NW1/4;

Sections 4 — 6

Section 18: SW1/4SE1/4, S1/2SW1/4, NW1/4SW1/4

Section 19: N1/2, N1/2SE1/4

Section 20: SW1/4NW1/4, NW1/4SW1/4;

Section 1

Sections 12 — 13;

Sections 1 — 18

Sections 22 — 27

Section 36;

Sections 1 — 10

Sections 15 — 22

Sections 27 — 34;

Sections 25 — 26

Sections 33 — 36;

Section 3: S1/2

Sections 4 — 5

Sections 8 — 11

Sections 13 — 16

Section 17: E1/2, NE1/4SW1/4, SW1/4NW1/4

Sections 21 — 27

Section 28: excluding FO2662;

Sections 19 — 21

Sections 28 — 36;

Sections 1 — 3

Section 10: E1/2

Sections 11 — 13

Sections 24 — 25

Section 26: S1/2

Section 27

Section 28: NE1/4

Sections 34 — 36;

Sections 1 — 3

Section 4: north of left limit of Tanana River

Section 5: north of left limit of Tanana River

Section 6: north of left limit of Tanana River

Section 10: north of left limit of Tanana River

Section 11: north of left limit of Tanana River

Section 12: north of left limit of Tanana River;

Sections 1 — 6

Section 7: north of left limit of Tanana River

Section 8: north of left limit of Tanana River

Sections 9 — 12

Section 14: N1/2

Section 15: N1/2;

Sections 1 — 20

Section 21: NE1/4SE1/4, W1/2, N1/2NE1/4

Sections 22 — 24

Section 25: excluding Tract C

Section 26: excluding SW1/4SW1/4

Section 27: N1/2NE1/4, NE1/4NW1/4

Section 28: W1/2

Section 29

Section 30: NE1/4NE1/4

Section 32: excluding Tract U, Delta I

Section 33: W1/2;

Sections 1 — 35;

Section 4: NW1/4, Tracts A, B, E

Section 5: excluding Tract U, Delta Barley I

Section 9: Tracts A, B, E1/2

Section 10: Tracts B, C

Section 15: Tracts B, C

Section 16: E1/2, Tracts A, B

Section 21: Tracts A, B

Section 22: NW1/4, Tracts A, B, D

Section 23: Tracts A, B, D, E

Section 26: Tracts A, B, C, D

Section 35: E1/2, Tracts A, B

Section 36: Tracts A, B, C, D, E;

Section 1: excluding USS 4013

Section 2: excluding ASLS 79-93

Section 11: excluding ASLS 79-93

Sections 12 — 13

Section 14: excluding ASLS 79-93

Section 23: excluding ASLS 79-93

Section 24: excluding ASLS 79-93

Section 25: excluding ASLS 79-93

Section 36: excluding ASLS 79-93;

Sections 2 — 6

Section 7: excluding SE1/4SW1/4

Sections 8 — 14

Section 15: E1/2, E1/2NE1/4

Section 18: W1/2W1/2

Section 19: W1/2W1/2

Section 21: S1/2SE1/4

Section 22: excluding N1/2NW1/4

Sections 23 — 30

Section 31: SW1/4

Section 32: SE1/4, S1/2SW1/4

Sections 33 — 36;

Sections 1 — 5

Sections 9 — 16

Sections 21 — 28

Sections 34 — 36;

Sections 1 — 3

Section 4: N1/2SE1/4, NE1/4, N1/2NW1/4, SW1/4NW1/4, NW1/4SW1/4

Section 5: Tracts A and C

Section 6: north of Alaska Highway

Section 11: Tracts D and F

Section 12

Section 13: Tracts B and C;

Section 1

Sections 6 — 7

Section 12: excluding George Lake Subdivision

Sections 16 — 18

Section 19: north of left limit of Tanana River

Section 20: north of left limit of Tanana River

Section 21

Section 27

Section 28: north of left limit of Tanana River

Section 29: north of left limit of Tanana River

Section 32: north of left limit of Tanana River

Section 33: north of left limit of Tanana River

Sections 34 — 35;

Sections 1 — 3

Section 4: north of left limit of Tanana River

Section 10: north of left limit of Tanana River

Section 11: north of left limit of Tanana River

Section 12.

History. (§ 3 ch 91 SLA 1983; am §§ 33, 34 ch 85 SLA 1988; am § 23 ch 34 SLA 1990; am § 11 ch 122 SLA 1996; am § 15 ch 153 SLA 2003; am § 2 ch 65 SLA 2008)

Cross references. —

For land that may be selected by the Fairbanks North Star Borough for an industrial park, see § 4, ch. 91, SLA 1983, in the Temporary and Special Acts.

Legislative history reports. —

For an analysis of the amendment to (b) and (c) of this section by secs. 33 and 34, ch. 85, SLA 1988 (HCS CSSB 413 (Jud)), see 1988 House & Senate Joint Journal Supplement No. 18, May 10, 1988, p. 7.

Sec. 41.17.500. Southeast State Forest.

1. Subject to valid existing rights, the state-owned or acquired land and water lying within the parcels described in (d) and (e) of this section is designated as the Southeast State Forest.
2. The commissioner shall prepare a management plan for the Southeast State Forest under AS 41.17.230 .
3. The commissioner may establish transportation corridors within the Southeast State Forest.
4. The Southeast State Forest includes the state-owned or acquired land within the following described parcels:
   1. Township 62 South, Range 84 East, Copper River Meridian
   2. Township 65 South, Range 78 East, Copper River Meridian
   3. Township 65 South, Range 79 East, Copper River Meridian
   4. Township 65 South, Range 89 East, Copper River Meridian
   5. Township 65 South, Range 90 East, Copper River Meridian
   6. Township 66 South, Range 78 East, Copper River Meridian
   7. Township 66 South, Range 79 East, Copper River Meridian
   8. Township 68 South, Range 76 East, Copper River Meridian
   9. Township 68 South, Range 81 East, Copper River Meridian
   10. Township 69 South, Range 76 East, Copper River Meridian
   11. Township 69 South, Range 79 East, Copper River Meridian
   12. Township 69 South, Range 80 East, Copper River Meridian
   13. Township 70 South, Range 77 East, Copper River Meridian
   14. Township 70 South, Range 78 East, Copper River Meridian
   15. Township 71 South, Range 81 East, Copper River Meridian
   16. Township 71 South, Range 82 East, Copper River Meridian
   17. Township 71 South, Range 84 East, Copper River Meridian
   18. Township 71 South, Range 90 East, Copper River Meridian
   19. Township 72 South, Range 84 East, Copper River Meridian
   20. Township 75 South, Range 89 East, Copper River Meridian
   21. Township 75 South, Range 90 East, Copper River Meridian
   22. Township 76 South, Range 90 East, Copper River Meridian
5. In addition to the lands described in (d) of this section, the Southeast State Forest includes the state-owned or acquired land within the following described parcels:
   1. Township 59 South, Range 80 East, Copper River Meridian
   2. Township 60 South, Range 71 East, Copper River Meridian
   3. Township 61 South, Range 81 East, Copper River Meridian
   4. Township 61 South, Range 82 East, Copper River Meridian
   5. Township 62 South, Range 80 East, Copper River Meridian
   6. Township 62 South, Range 81 East, Copper River Meridian
   7. Township 62 South, Range 84 East, Copper River Meridian
   8. Township 63 South, Range 80 East, Copper River Meridian
   9. Township 63 South, Range 84 East, Copper River Meridian
   10. Township 64 South, Range 84 East, Copper River Meridian
   11. Township 64 South, Range 85 East, Copper River Meridian
   12. Township 66 South, Range 79 East, Copper River Meridian
   13. Township 68 South, Range 76 East, Copper River Meridian
   14. Township 68 South, Range 81 East, Copper River Meridian
   15. Township 68 South, Range 82 East, Copper River Meridian
   16. Township 69 South, Range 79 East, Copper River Meridian
   17. Township 69 South, Range 80 East, Copper River Meridian
   18. Township 70 South, Range 90 East, Copper River Meridian
   19. Township 70 South, Range 91 East, Copper River Meridian
   20. Township 72 South, Range 84 East, Copper River Meridian
   21. Township 73 South, Range 92 East, Copper River Meridian
   22. Township 74 South, Range 84 East, Copper River Meridian
   23. Township 74 South, Range 89 East, Copper River Meridian
   24. Township 75 South, Range 79 East, Copper River Meridian
   25. Township 75 South, Range 89 East, Copper River Meridian
   26. Township 77 South, Range 88 East, Copper River Meridian
   27. Township 78 South, Range 81 East, Copper River Meridian
6. Nothing in this section prevents the City and Borough of Wrangell from exercising its land selection rights under AS 29.65.040(d) to state land within its boundaries. If new municipalities are incorporated before June 30, 2019, and lands designated in (d) and (e) of this section are within their boundaries, those lands that were classified as vacant, unappropriated, unreserved state land before establishment of the Southeast State Forest shall be used to calculate the municipal entitlement acreage under AS 29.65.030 but may not be selected.

Section 9: E1/2SE1/4, Government Lots 1 and 2

Section 10: S1/2

Section 11: N1/2, E1/2SE1/4, W1/2SW1/4, and Government Lots 1 — 4

Section 12: W1/2, W1/2E1/2

Section 13: W1/2W1/2, NE1/4NW1/4, NW1/4NE1/4

Section 14: E1/2NE1/4, E1/2SE1/4, W1/2NW1/4, and Government Lots 1 — 4

Section 15: N1/2, N1/2SE1/4, NE1/4SW1/4

Section 16: Government Lot 1, and the portion of Government Lot 2 Northerly of the East-West centerline of Section 16

Section 23: NE1/4NE1/4, and Government Lots 1 and 3

Section 24: SE1/4NW1/4, W1/2NW1/4, SW1/4NE1/4, NE1/4SW1/4, W1/2SE1/4, and Government Lots 1 and 2

Section 25: NE1/4NE1/4, and Government Lots 1 — 3;

Section 36: E1/2;

Section 31: E1/2NW1/4, and Government Lots 1 and 2;

Tract A: The portion within Protracted Sections 25 and 36, and the portion in the E1/2E1/2 of Protracted Section 26;

Tracts A — G; Tract H: The portion within Protracted Sections 13 — 15 and 24, and the portion within the N1/2NE1/4 of Protracted Section 23; Tract K within Protracted Section 30; and Tract L;

Section 1: E1/2, SW1/4

Section 12: NE1/4, N1/2NW1/4

Section 24: E1/2E1/2, and Government Lots 1 — 7

Section 25: E1/2NE1/4, NW1/4SE1/4, and Government Lots 1 — 5;

Section 6: SW1/4SE1/4, E1/2SW1/4, and Government Lots 1 and 2

Section 7: N1/2NE1/4, NE1/4NW1/4, and Government Lot 1;

Section 10: S1/2SW1/4

Section 15: NW1/4, S1/2NE1/4, N1/2S1/2

Section 31: E1/2, E1/2W1/2, and Government Lots 1 — 4

Section 32

Section 33: S1/2, NW1/4

Section 34: NW1/4SW1/4;

Section 3: NW1/4, W1/2SW1/4, and Government Lots 3 and 4

Section 4

Section 8: Government Lot 1

Section 9: E1/2, E1/2W1/2, and Government Lots 1 — 4

Section 11: N1/2;

Section 1: N1/2NW1/4, SW1/4NW1/4

Section 2: NE1/4, N1/2SE1/4, NE1/4NW1/4;

Section 23: E1/2SE1/4, NW1/4SE1/4

Section 24: W1/2SW1/4;

Section 9: SE1/4NE1/4, E1/2SE1/4, NW1/4SE1/4, and Government Lot 1

Section 10: SW1/4, S1/2NW1/4

Section 15: SE1/4

Section 21: SE1/4SE1/4

Section 22: NE1/4, W1/2SE1/4, S1/2SW1/4

Section 27: N1/2NW1/4

Section 28: NE1/4NE1/4;

Section 23: E1/2NE1/4

Section 24: N1/2, N1/2SW1/4, N1/2SE1/4;

Section 16: Government Lot 5

Section 18: W1/2, W1/2NE1/4, W1/2SE1/4

Section 19: That portion of Government Lot 1 within the NW1/4NE1/4, W1/2NW1/4, NE1/4NW1/4, W1/2SW1/4

Section 20: S1/2

Section 21: That portion of Government Lot 3 within the E1/2; SW1/4; and the parcel described as: commencing at the NW 1/16 corner of Section 21, the point of beginning; thence Northerly along the W 1/16 line to the mean high water line of Sea Otter Sound; thence Northerly and Easterly along the mean high water line of Sea Otter Sound to the intersection with the North-South centerline of Section 21; thence Southerly to the C 1/4 of Section 21; thence Westerly to the NW 1/16 corner of Section 21 and the point of beginning;

Section 13: NW1/4, NE1/4SW1/4, SE1/4, S1/2NE1/4, NW1/4NE1/4;

Section 18: S1/2SW1/4, NW1/4SW1/4

Section 19: N1/2NW1/4, SW1/4NW1/4, NW1/4SW1/4;

Section 14: W1/2

Section 15: E1/2, S1/2SW1/4, NE1/4SW1/4

Section 16: S1/2SE1/4

Section 21: N1/2NE1/4

Section 22: E1/2, NW1/4, N1/2SW1/4

Section 23: W1/2

Section 26: NW1/4

Section 27: N1/2NE1/4;

Section 16: SW1/4SW1/4, and Government Lots 1 and 2

Section 17: Government Lots 1 — 4

Section 20: Government Lot 1

Section 21: SE1/4NW1/4, and Government Lots 1 — 6;

Section 1: SE1/4, E1/2SW1/4

Section 12: E1/2, E1/2NW1/4, E1/2SW1/4

Section 13: N1/2NE1/4, NE1/4NW1/4;

Section 13: SW1/4NE1/4, W1/2SE1/4, SE1/4SE1/4, SW1/4, E1/2NW1/4, SW1/4NW1/4, and Government Lot 1

Section 14: SE1/4, Government Lot 1

Section 23: N1/2NE1/4

Section 24: N1/2N1/2;

Tract A: Within Protracted Sections 27, 28, 33, and 34, and the portion in the W1/2W1/2 of Protracted Section 35;

Tract A: Within Protracted Sections 3 — 6, 8, 9, 16, and 17; the portion in the W1/2W1/2 of Protracted Section 2; and the portion in the W1/2NW1/4 and the SW1/4 of Protracted Section 11.

Section 4: Government Lots 4 — 5, and W1/2SE1/4 lying West of and excluding ASLS 95-66

Section 9: E1/2 lying West of and excluding ASLS 95-66

Section 15: W1/2E1/2

Section 22: NE1/4

Section 23: W1/2W1/2;

Section 12: N1/2;

Section 17: Government Lot 1, and NW1/4SW1/4

Section 18: Government Lots 1 and 2, and N1/2SE1/4, E1/2SW1/4

Section 19: Government Lots 1 - 10, and SE1/4SE1/4

Section 20: Government Lots 1 - 6, and SW1/4SW1/4;

Section 36: NE1/4 and NE1/4NW1/4, those portions North of the Mitkof Highway right-of-way;

Tract A: All that portion of Tract A that is Northerly, Westerly, and Northwesterly of a random line that begins at the terminus of the Mitkof Highway which projects Northeasterly at a right angle to the Mitkof Highway and ends at the mean high water line of Sumner Strait of the Mitkof Highway, within Sections 1, 12 - 14, 22, 23, and 27

Section 30: S1/2SE1/4

Section 31: Government Lots 1 — 4, NW1/4NE1/4, E1/2NW1/4, those portions Northerly of the Mitkof Highway right-of-way;

Section 12: Government Lot 1, SE1/4SE1/4, those portions Northerly of Forest Development Road 6425

Section 13: Government Lots 1 and 2, those portions Northerly of Forest Development Road 6245

Section 33, excluding USS 1719

Section 34: Government Lot 1;

Section 3: S1/2NW1/4, SW1/4

Section 4: Government Lots 1 and 2, and E1/2

Section 7: Government Lots 1 — 3 and SW1/4SE1/4, those portions Northerly of Forest Development Road 6245

Section 8: S1/2SW1/4, SE1/4, those portions Northerly of Forest Development Road 6245

Section 9: NE1/4, SE1/4NW1/4, N1/2SW1/4, those portions Northerly of Forest Development Road 6245

Section 10: NW1/4NW1/4, that portion Northwesterly of Forest Development Road 6245;

Section 27: Government Lots 1 — 4, and SW1/4SW1/4, excluding ASLS 83-8

Section 28: Tract B ASLS 94-135

Section 34: Government Lot 2, NW1/4NE1/4, SE1/4NE1/4, and NE1/4SE1/4, excluding ASLS 83-8

Section 35: Government Lots 1 — 4, SW1/4SE1/4, and N1/2SW1/4, excluding ASLS 83-8;

Section 4: Government Lot 1;

Section 1: Government Lots 1 — 4

Section 2: Government Lot 1, W1/2NE1/4, SE1/4NE1/4, and SE1/4

Section 11: W1/2E1/2, W1/2E1/2E1/2

Section 14: W1/2E1/2, W1/2E1/2E1/2

Section 23: W1/2E1/2E1/2, W1/2SE1/4, and SW1/4

Section 26: NW1/4NE1/4, NW1/4, N1/2SW1/4, and SW1/4SW1/4

Section 27: SE1/4NE1/4, SE1/4, E1/2SW1/4, and SW1/4SW1/4

Section 33: E1/2NE1/4, SW1/4NE1/4, SE1/4, E1/2SW1/4, and SW1/4SW1/4

Section 34;

Section 4: N1/2, N1/2SW1/4

Section 5: Government Lots 1 — 5, NE1/4NE1/4, SE1/4SE1/4

Section 8: Government Lots 1, 5, and 6, NE1/4NE1/4, SW1/4NE1/4, W1/2SE1/4, excluding ASLS 83-7

Section 17: W1/2NE1/4, SE1/4SE1/4, E1/2NW1/4, W1/2SE1/4, and E1/2SW1/4, excluding ASLS 83-7;

Section 3: S1/2SE1/4

Section 8: E1/2

Section 9: S1/2

Section 10: NE1/4, S1/2

Section 15

Section 16: N1/2, SE1/4;

Section 23: E1/2SW1/4

Section 24: E1/2

Section 25: Government Lots 3 and 6, those portions lying Easterly or Northerly of ASLS 96-32, and those portions lying Easterly of ASLS 2000-23, NE1/4, and E1/2SE1/4

Section 26: E1/2NW1/4, SW1/4NW1/4, and Tract M, ASLS 81-217

Section 27: SE1/4NE1/4, and Tract K, ASLS 81-217, that portion Northerly of Forest Development Road 3060

Section 36: Government Lot 1, that portion excluding ASLS 81-217;

Section 23: Government Lots 3 and 4 and NE1/4, W1/2SE1/4

Section 24: Government Lots 2 — 4

Section 26: Government Lots 1 and 4 — 9, and that portion of Government Lot 2 excluding Block 14 ASLS 81-116, and the NW1/4NE1/4

Section 35: Government Lot 1;

Section 1: NW1/4SE1/4, S1/2SE1/4

Section 7: Government Lots 2 and 3, E1/2NW1/4;

Section 15: Government Lots 7 — 12, N1/2NW1/4, those portions Northwesterly of Forest Development Road 1470

Section 24: Government Lots 18 and 19, those portions within the protracted E1/2SW1/4 and W1/2SE1/4;

Section 8: S1/2SE1/4

Section 9: S1/2SW1/4

Section 15: NW1/4

Section 16: Government Lot 7, that portion of Government Lot 8 North of the North 1/16 line, NE1/4NE1/4, NW1/4NW1/4

Section 17: Government Lots 1 and 2

Section 21: Government Lots 4, 5, and 7 Southerly of ASLS 85-335

Section 22: N1/2SW1/4

Section 28: Government Lots 1 and 2;

Tracts A and B within Section 13;

Government Tract A, excluding Tracts A — F of ASLS 2003-49 within Sections 17, 18, 20 — 22, and 27 — 29;

Protracted Section 1: W1/2SW1/4

Protracted Section 2: E1/2SE1/4, that portion lying above the mean high water line of Thorne Bay

Protracted Section 12: W1/2NW1/4, NW1/4SW1/4;

Section 20: SE1/4SW1/4

Section 29: Government Lots 3 and 4, that portion of Government Lot 7 lying Northeasterly of ASLS 84-39, and SW1/4NW1/4, excluding ASLS 84-39

Section 30: Government Lots 1, 2, and 4, NE1/4NW1/4, SE1/4NE1/4;

Section 17: Government Lot 12, SW1/4SE1/4, S1/2SW1/4

Section 18: Government Lots 7 and 8, W1/2SE1/4, SE1/4SE1/4, E1/2SW1/4

Section 19: Government Lots 1 and 2, NE1/4, E1/2NW1/4

Section 20: Government Lots 1 and 2, SW1/4NE1/4, NW1/4;

Section 26: Government Lots 1 — 3

Section 35: Government Lots 1 — 7, W1/2SE1/4

Section 36: Government Lot 1;

Section 27: Government Lots 1 and 2

Section 28: Government Lots 1 — 3

Section 33: Government Lot 1

Section 34: That portion within the Protracted S1/2 and S1/2NW1/4;

Section 1: Government Lots 1 — 4, SW1/4NW1/4, W1/2 SW1/4, SE1/4SW1/4

Section 2: Government Lots 1 — 4, NE1/4, NW1/4 SE1/4, E1/2 SW1/4, excluding ASLS 85-86

Section 11: Those portions Northeasterly of Forest Development Road 8110 within Government Lots 1 and 2, excluding ASLS 85-86

Section 12: Those portions Northeasterly of Forest Development Road 8110 within Government Lots 1 — 4, SW1/4NE1/4, NW1/4, and NE1/4SW1/4;

Section 12: Protracted SE1/4SW1/4, SW1/4SE1/4

Section 13: Protracted N1/2NW1/4, SW1/4NW1/4

Section 14: Government Lot 25, that portion within the Protracted N1/2SE1/4, SW1/4SE1/4, E1/2SE1/4SW1/4, and N1/2SW1/4

Section 15: Government Lot 5, that portion within the Protracted N1/2SW1/4

Section 23: Government Lot 5, that portion Southeasterly of Forest Development Road 2160;

Section 1: Those portions lying above the mean high water line of Hook Arm within the SW1/4NE1/4, S1/2NW1/4, and S1/2

Section 2: Those portions lying above the mean high water line of Hook Arm within the S1/2N1/2, and S1/2 including all islands within Section 2

Section 3: Those portions lying above the mean high water line of Foul Bay within the S1/2NE1/4, N1/2SE1/4, and SE1/4SE1/4

Section 10: That portion lying above the mean high water line of Hook Arm within the E1/2NE1/4

Section 11: Those portions lying above the mean high water line of Hook Arm within the N1/2 and N1/2SW1/4 including all islands within Section 11

Section 12: Those portions lying above the mean high water line of Hook Arm within the N1/2N1/2, and the SW1/4NW1/4.

History. (§ 1 ch 112 SLA 2010; am §§ 1 — 3 ch 31 SLA 2011)

Revisor’s notes. —

Subsection (e) was enacted as (f) and relettered in 2011, at which time former subsection (e) was relettered as (f) and internal references in subsections (a) and (f) were conformed.

Effect of amendments. —

The 2011 amendment, effective September 8, 2011, inserted “and (e)” in (a) and (f); and added (e). Although the 2011 amendments were to have taken effect July 1, 2011 under § 6, ch. 31, SLA 2011, the Governor did not sign the bill until September 7, 2011, and so the actual effective date of the 2011 amendments was September 8, 2011 under AS 01.10.070(d) .

Legislative history reports. —

For governor’s transmittal letter for ch. 112, SLA 2010 (HB 162), proposing establishment of the Southeast State Forest, see 2009 House Journal 370 — 372.

Sec. 41.17.900. Applicability of chapter; relationship to other law.

1. Unless otherwise specified, this chapter applies to forest land under state, municipal, or private ownership.
2. For federal land,
   1. the degree of resource protection may not be less than that established by this chapter for state land except that AS 41.17.119 establishes the minimum riparian standard;
   2. a timber harvest activity subject to this chapter shall satisfy the requirement to be consistent to the maximum extent practicable with the Alaska coastal zone management program if the federal land management plans, guidelines, and standards applicable to that timber harvest activity provide no less resource protection than the standards that are established in this chapter provide for state land except that
      1. AS 41.17.119 establishes the minimum riparian standards; and
      2. this paragraph does not apply to a timber harvest activity that requires a state or federal authorization under a provision of law other than this chapter.
3. The commissioner shall exempt by regulation from the provisions of this chapter
   1. minor, small scale, or incidental commercial operations of little significance with respect to the purposes of this chapter; and
   2. operations for primarily noncommercial purposes, including but not limited to the harvesting of timber for personal use.
4. Notwithstanding any other provision of this chapter, the commissioner may not employ the authority vested by this chapter so as to duplicate or preempt the statutory authority of other state agencies to adopt regulations or undertake other administrative actions governing resources, values, or activities on forest land except for regulations, if authorized by the commissioner of environmental conservation, relating to control of nonpoint source pollution.
5. [Repealed, § 18 ch 31 SLA 2005.]
6. This chapter does not diminish the rights, privileges, or immunities of Alaska Natives or Alaska Native corporations with respect to land conveyed under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act), and does not alter or diminish the authority of the Department of Fish and Game under AS 16, of the Department of Environmental Conservation under AS 46, or of a state agency under other law.

History. (§ 1 ch 108 SLA 1978; am §§ 24, 25 ch 34 SLA 1990; am E.O. No. 107, §§ 32, 33 (2003); am §§ 7, 18 ch 31 SLA 2005; am § 48 ch 56 SLA 2005; am E.O. No. 114 §§ 30, 31 (2008))

Revisor’s notes. —

Subsections (a) — (c) were formerly AS 41.17.050 and subsection (d) was formerly AS 41.17.020(j). Renumbered in 1983.

Administrative Code. —

For introductory and notification provisions, see 11 AAC 95, art. 1.

Opinions of attorney general. —

The 1990 changes to former AS 47.17.010 (6), on their face, make the habitat standards found in 6 AAC 80.130 — .150 inapplicable to activities such as the use of herbicides for reforestation purposes. June 17, 2002 Op. Att’y Gen.

Sec. 41.17.905. Independent authority. [Repealed § 38, E.O. No. 114 (2008).]

Sec. 41.17.910. Wildlife habitat on private land.

1. The Department of Fish and Game and the commissioner shall work cooperatively with private forest landowners and timber owners to protect, maintain, and enhance wildlife habitat to the maximum extent practicable, consistent with the interests of the owners in the use of their timber resources.
2. The Department of Fish and Game shall provide educational and technical assistance and extension services to owners of private forest land or timber to assist in identifying important wildlife habitat and to assist in designing voluntary management techniques that minimize adverse effects on wildlife habitat.
3. The Department of Fish and Game and the landowner shall cooperate in identifying areas of important wildlife habitat on private forest land and in developing methods for their protection. Methods of protection for wildlife habitat may include, with the agreement of the landowner, the purchase of fee title, purchase of conservation easements, and land exchanges.
4. This section does not alter or diminish the authority and responsibility of the state over wildlife on private land.

History. (§ 26 ch 34 SLA 1990; am E.O. No. 107, §§ 35 — 37 (2003); am E.O. No. 114 §§ 32 — 34 (2008))

Sec. 41.17.950. Definitions.

In this chapter, unless the context otherwise requires,

1. “anadromous water body” means the portion of a fresh water body or estuarine area that
   1. is cataloged under AS 16.05.871 as important for anadromous fish; or
   2. is not cataloged under AS 16.05.871 as important for anadromous fish but has been determined by the Department of Fish and Game to contain or exhibit evidence of anadromous fish in which event the anadromous portion of the stream or waterway extends up to the first point of physical blockage;
2. “backwater slough” means a water body that
   1. has sluggish flow, is warm in summer, and is typically only connected to the main stem or a side channel at one end of the water body;
   2. carries river current only under high water conditions; and
   3. may have only a seasonal connection to the main stem or side channel;
3. “board” means the Board of Forestry established in AS 41.17.041 ;
4. “broadcast chemicals” includes pesticides, herbicides, fungicides, fertilizers, poisons, and any other substances
   1. used for silvicultural management or related purposes;
   2. not native to the ecosystem in which they are being applied; and
   3. having a foreseeable adverse impact on the welfare of renewable resources, as determined by the commissioner of environmental conservation;
5. “division” means the division of forestry;
6. “forest land” means land stocked or having been stocked with forest trees of any size and not currently developed for nonforest use, regardless of whether presently available or accessible for commercial purposes, and includes any such land under state, municipal, or private ownership;
7. “forest landowner” means a person who owns forest land, but does not include the owner of mineral or subsurface rights only;
8. “glacial,” with respect to a water body, as used in the phrases “glacial high value resident fish water body” and “glacial anadromous water body,” means that, under normal conditions, a water body receives significant surface flow from a glacier; “glacial,” with respect to a water body, includes a water body that receives a mix of glacial water and water from other sources;
9. “high value resident fish” means resident fish populations that are used for recreational, personal use, commercial, or subsistence purposes;
10. “multiple use” means
    1. the management of all the various resources of forest land so that they are used in the combination that will best meet the needs of the citizens of the state, making the most judicious use of the land for some or all of these resources or related values, benefits, and services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions;
    2. that some land will be used for less than all of the resources; and
    3. harmonious and coordinated management of the various resources, each with the other, without significant impairment of the productivity of the land and water, with consideration being given to the relative values of the various resources, and not necessarily the combination of uses that will give the greatest dollar return or the greatest unit output;
11. “nonglacial,” with respect to a water body, as used in the phrases “nonglacial high value resident fish water body” and “nonglacial anadromous water body,” means that, under normal conditions, a water body does not receive significant surface flow from a glacier;
12. “operations” means timber harvesting or activates associated with timber harvesting or forest development unless exempted under AS 41.17.900(a) — (c);
13. “operator” means a person who is engaged in timber harvesting or activities associated with timber harvesting or forest development, or who contracts with others to conduct operations for that person, except a person who is engaged in an operation as an employee with wages or piecework as the sole compensation;
14. “ordinary high water mark” means the mark along the bank or shore up to which the presence and action of the tidal or nontidal water are so common and usual, and so long continued in all ordinary years, as to leave a natural line impressed on the bank or shore and indicated by erosion, shelving, changes in soil characteristics, destruction of terrestrial vegetation, or other distinctive physical characteristics;
15. “other public land” means state land managed by state agencies other than the department, land owned by a municipality, and land owned by the University of Alaska;
16. “outer bend subject to erosion” means, in Region II, a stream bend that has a cutbank and is opposite a point bar on the inner bend;
17. “person” has the meaning given in AS 01.10.060 and also includes a joint venture;
18. “point bar” means, in Region II, a ridge or low mound of sediment, often sand or gravel, that has been deposited on the inside of a curve in a stream, where the water velocity is lower;
19. “Region I” means all land in Southeast Alaska, plus all land that is south of the crest of the Chugach Mountains and Saint Elias Mountains and east of a line running from the crest of the Chugach Mountains to O’Malley Peak, then southerly to Gull Rock, then southwesterly to the eastern junction of Skilak Lake Road and the Sterling Highway, then southwesterly to the mouth of the Fox River, then southwesterly through Kachemak Bay to Mt. Douglas, plus all land on the Alaska Peninsula between Mt. Douglas and Cape Kumliun that is east of the crest of the Aleutian Range, plus all islands in the Gulf of Alaska north of 56 degrees 23 minutes North latitude;
20. “Region II” means all land in the state south of the Nutzotin Mountains and Mentasta Mountains, south of the Alaska Range, and east of the Aleutian Range, except for the area within Region I and peninsular and island land south of Cape Kumliun;
21. “Region III” means all land in the state outside of Regions I and II;
22. “riparian area” means
    1. the areas subject to riparian protection standards in AS 41.17.116(a) and (c) on private land in Regions I and III;
    2. the area 150 feet from the shore or bank of a Type II-A or II-B water body, and 100 feet from the shore or bank of a Type II-C or II-D water body in Region II;
    3. the area 100 feet from the shore or bank of an anadromous or high value resident fish water body on state land managed by the department and on other public land in Regions I and III;
23. “significant impairment of the productivity of the land and water” means an activity that may foreseeably result in prolonged or substantial damage to renewable resources or prolonged or substantial reduction of the continuing capability of the land or water to produce renewable resources at their natural or historic levels;
24. “silviculture” means the art of producing and tending a forest, the application of the knowledge of silvics in the treatment of a forest, and the theory and practice of controlling and managing forest establishment, composition, and growth;
25. “state forest” means an area designated by the legislature and retained in state ownership in order to
    1. provide a base for sustained yield management of renewable resources; and
    2. permit a variety of beneficial uses;
26. “sustained yield” means the achievement and maintenance in perpetuity of a high level annual or regular periodic output of the various renewable resources of forest land and water without significant impairment of the productivity of the land and water, but does not require that timber be harvested in a non-declining yield basis over a rotation period;
27. “terrace” means, in Region II, a change in elevation greater than 10 feet for a Type II-A water body or greater than 20 feet for a Type II-B water body, and that has a slope greater than 30 percent;
28. “terrace top break” means, in Region II, the point at which the terrace slope changes to the lower angle slope of the adjacent upland; for purposes of measurement, the terrace top break is where the degree of slope is reduced by 20 percent or more when measured away from the stream;
29. “timber owner” means a person who owns timber on forest land or who has the rights to timber, but does not own the land itself;
30. “Type I-A water body” means, in Region I, an anadromous water body that
    1. is a stream or river of any size having an average gradient of eight percent or less, with banks held in place by vegetation, channels that are not incised, and a substrate composed of rubble, gravel, sand, or silt;
    2. consists of wetlands and lakes, including their outlets; and
    3. is an estuarine area delimited by the presence of salt-tolerant vegetation;
31. “Type I-B water body” means, in Region I, an anadromous water body that does not meet the definition of a Type I-A water body;
32. “Type I-C water body” means, in Region I, a water body that is not anadromous, that is a tributary to a Type I-A or Type I-B water body, and that has a gradient of 12 percent or less;
33. “Type I-D water body” means, in Region I, a water body that is not anadromous, that is tributary to a Type I-A or Type I-B water body, and that has a gradient greater than 12 percent;
34. “Type II-A water body” means, in Region II,
    1. a nonglacial stream greater than 50 feet wide that has anadromous or high value resident fish and that has an unconfined and dynamic channel; and
    2. a water body that typically has point bars, islands, scour planes, active or recent side channels, and areas of obvious bank erosion;
35. “Type II-B water body” means, in Region II, a glacial stream that has anadromous or high value resident fish and that is not a glacial Type II-C water body;
36. “Type II-C water body” means, in Region II, a water body that has anadromous or high value resident fish that
    1. is a nonglacial water body greater than three feet wide and less than or equal to 50 feet wide at ordinary high water mark that has an unconfined and dynamic channel;
    2. is a nonglacial water body greater than three feet wide at ordinary high water mark that has a confined channel;
    3. is a reach of the Kenai River, Kasilof River, or Lake Fork Crescent River greater than three feet wide at ordinary high water mark; or
    4. is a lake or pond;
37. “Type II-D water body” means, in Region II, a nonglacial stream or a reach of the Kenai River, Kasilof River, or Lake Fork Crescent River that is less than or equal to three feet wide at ordinary high water mark that has anadromous or high value resident fish;
38. “Type III-A water body” means, in Region III, a
    1. nonglacial high value resident fish water body greater than three feet in width at the ordinary high water mark;
    2. nonglacial anadromous water body; or
    3. backwater slough;
39. “Type III-B water body” means, in Region III, a glacial high value resident fish water body or a glacial anadromous water body; “Type III-B water body” does not include a glacial backwater slough;
40. “Type III-C water body” means, in Region III, a nonglacial high value resident fish water body that is less than or equal to three feet in width at the ordinary high water mark and that does not contain anadromous fish.

History. (§ 1 ch 108 SLA 1978; am § 88 ch 59 SLA 1982; am § 43 ch 85 SLA 1988; am § 27 ch 34 SLA 1990; am §§ 3 — 5 ch 3 SLA 1999; am § 19 ch 22 SLA 2001; am §§ 5 — 10 ch 123 SLA 2003; am E.O. No. 107, §§ 38, 39 (2003); am §§ 5, 6 ch 65 SLA 2006; am E.O. No. 114 §§ 35, 38 (2008))

Revisor’s notes. —

In 2003 and 2006 the paragraphs in this section were renumbered to maintain alphabetical order. In 2014, the paragraphs were renumbered to account for the repeal of former paragraph (5).

Cross references. —

For additional definitions, see AS 41.99.900 .

Administrative Code. —

For riparian standards, see 11 AAC 95, art. 2.

Opinions of attorney general. —

The 1990 changes to former AS 41.17.010 (6), on their face, make the habitat standards found in 6 AAC 80.130 — .150 inapplicable to activities such as the use of herbicides for reforestation purposes. June 17, 2002 Op. Att’y Gen.

Sec. 41.17.955. Short title.

This chapter may be cited as the Forest Resources and Practices Act.

History. (§ 25 ch 99 SLA 2004)

Sec. 41.21.010. Purpose.

It is the purpose of AS 41.21.010 — 41.21.040 to foster the growth and development of a system of parks and recreational facilities and opportunities in the state, for the general health, welfare, education, and enjoyment of its citizens and for the attraction of visitors to the state.

History. (§ 1 ch 158 SLA 1959)

Revisor’s notes. —

Formerly AS 41.20.010. Renumbered in 1983.

Sec. 41.21.020. Duties and powers of Department of Natural Resources; limitations.

1. The department shall
   1. develop a continuing plan for the conservation and maximum use in the public interest of the scenic, historic, archaeologic, scientific, biological, and recreational resources of the state;
   2. plan for and develop a system of state parks and recreational facilities, to be established as the legislature authorizes and directs;
   3. acquire by gift, purchase, or transfer from state or federal agencies, or from individuals, corporations, partnerships, or associations, land necessary, suitable, and proper for roadside, picnic, recreational, or park purposes;
   4. develop, manage, and maintain state parks and recreational areas;
   5. provide for the acquisition, care, management, supervision, improvement, development, extension, and maintenance of public recreational land, and make necessary arrangements, contracts, or commitments for the improvement and development of land acquired under AS 41.21.010 — 41.21.040 ; contracting for improvement and development under this paragraph is governed by AS 36.30 (State Procurement Code);
   6. adopt, in accordance with this section and AS 44.62 (Administrative Procedure Act), regulations governing the use and designating incompatible uses within the boundaries of state park and recreational areas to protect the property and to preserve the peace;
   7. cooperate with the United States and its agencies and local subdivisions of the state to secure the effective supervision, improvement, development, extension, and maintenance of state parks, state monuments, state historical areas, and state recreational areas and secure agreements or contracts for the purpose of AS 41.21.010 — 41.21.040 ;
   8. encourage the organization of state public park and recreational activities in the local political subdivisions of the state;
   9. provide for consulting service designed to develop local park and recreation facilities and programs;
   10. provide clearinghouse services for other state agencies concerned with park and recreation matters;
   11. perform other duties as are prescribed by executive order or by law;
   12. maintain memorials to Alaska veterans located in state parks;
   13. adopt, in accordance with AS 44.62 (Administrative Procedure Act), regulations governing the use of the Chena River State Recreation Area and designating incompatible uses within the boundaries of the Chena River State Recreation Area in accordance with AS 41.21.490 ; and
   14. annually, by the first day of each regular session of the legislature, submit a report to the legislature on each designation of an incompatible use under this chapter, or other action, that prohibits or restricts a traditional means of access in or to a park, area, or preserve established under this chapter for a traditional recreational activity on or within the park, area, or preserve; for each prohibition or restriction, the report must state reasons for the designation of incompatibility or prohibition or restriction of a traditional means of access, the specific area of the prohibition or restriction, and the time period during which the incompatibility or prohibition or restriction is expected to exist; in this paragraph,
       1. “traditional means of access” means those types of transportation on, to, or in the state land, water, or land and water, for which a popular pattern of use has developed; the term includes general or commercial aviation, ballooning, motorized and nonmotorized boating, snowmachining, operation of all-terrain vehicles, mushing, use of pack animals, skiing, snowshoeing, and walking;
       2. “traditional recreational activity” means those personal or commercial types of activities that people may use for sport, exercise, subsistence, or personal enjoyment, including hunting, fishing, trapping, or gathering, and that have historically been conducted as part of an individual, family, or community life pattern on or in the state land, water, or land and water.
2. In adopting regulations under (a)(6) of this section, the department shall consider whether the use of dogs, horses, and other animals for packing gear, pulling sleds, or for other recreational use is a compatible use within a state park or recreational area.
3. The department may accept cash and other donations from public or private sources to assist and support the department in carrying out the purposes of this chapter.
4. Notwithstanding (a)(3) of this section, the department may not manage as part of a park, area, or preserve established under AS 41.21.110 — 41.21.630 , land, water, or land and water that is not within the boundaries, as designated by the legislature, of the park, area, or preserve.
5. Except for reasons which create an immediate threat to public safety or as otherwise provided in AS 41.21.110 — 41.21.630 , the department may not close or restrict traditional access to land, water, or land and water, managed under this chapter unless the closure or restriction (1) is limited to a period of not more than 90 days in a calendar year, or (2) is submitted to the legislature for approval at the next regular session of the legislature. A closure or restriction under (1) of this subsection may not be repeated in the subsequent calendar year unless the closure or restriction is approved by the legislature under (2) of this subsection. If the legislature fails to approve a closure or restriction under (2) of this subsection by the last day of that regular session, the closure or restriction ends and cannot be enforced after the last day of that regular session.

History. (§ 2 ch 158 SLA 1959; am § 1 ch 233 SLA 1970; am § 3 ch 30 SLA 1981; am §§ 1, 2 ch 78 SLA 1981; am § 1 ch 16 SLA 1984; am § 40 ch 106 SLA 1986; am § 19 ch 2 FSSLA 1992; am § 74 ch 63 SLA 1993; am §§ 1, 2 ch 27 SLA 1997)

Revisor’s notes. —

Formerly AS 41.20.020. Renumbered in 1983. Paragraph (a)(13) was enacted as (a)(12) and renumbered in 1981. The present second sentence of AS 41.21.490 was enacted as a part of (a)(13) and transferred in 1981, with minor word changes in (a)(13) of this section. In 1984, “a compatible use” was substituted for “compatible” in subsection (b) to correct a manifest error in ch. 16, SLA 1984.

Cross references. —

For power of the department of military affairs to construct memorials to veterans, see AS 44.35.030 .

Administrative Code. —

For appeals, see 11 AAC 2.

For fees for department services, see 11 AAC 5.

For uniform state waterway marking system, see 11 AAC 7, art. 1.

For state park land and water restrictions, see 11 AAC 12, art. 1.

For jurisdiction and procedure, see 11 AAC 15, art. 1.

For park uses, see 11 AAC 18, art. 1.

For Chugach state park, see 11 AAC 20, art. 1.

For Kachemak Bay state park, see 11 AAC 20, art. 2.

For Kachemak Bay state wilderness park, see 11 AAC 20, art. 3.

For Willow Creek state recreation area, see 11 AAC 20, art. 4.

For Wood-Tikchik state park, see 11 AAC 20, art. 5.

For Denali state park, see 11 AAC 20, art. 6.

For Caines Head state recreation area, see 11 AAC 20, art. 7.

For Chena River state recreation area, see 11 AAC 20, art. 8.

For Quartz Lake state recreation area, see 11 AAC 20, art. 9.

For Nancy Lake state recreation area, see 11 AAC 20, art. 10.

For Captain Cook state recreation area, see 11 AAC 20, art. 11.

For Chilkat state park and Point Bridget state park, see 11 AAC 20, art. 12.

For Afognak Island state park, see 11 AAC 20, art. 13.

For Alaska marine parks, see 11 AAC 20, art. 14.

For Shuyak Island state park, see 11 AAC 20, art. 16.

For Kenai River special management Area, see 11 AAC 20, art. 17.

For special provisions, see 11 AAC 20, art. 18.

For Eagle preserve land and water restrictions, see 11 AAC 21, art. 1.

For preserve activities; management, see 11 AAC 21, art. 2.

For personal use cabin permits, see 11 AAC 65.

Editor’s notes. —

Section 87, ch. 63, SLA 1993 provides “[i]f any section of this bill is found to violate the single subject rule it is severed from the rest of the bill.”

Sec. 41.21.022. Discharge of firearms.

The discharge of firearms during lawful hunting, trapping, and fishing is permitted within the boundaries of: (1) Caines Head State Recreation Area; (2) Chena River State Recreation Area; (3) Chugach State Park; (4) Denali State Park; (5) Kachemak Bay State Park; (6) Kachemak Bay State Wilderness Park; (7) Marine Parks established in AS 41.21.300 — 41.21.306 ; (8) Quartz Lake State Recreation Area; and (9) Wood-Tikchik State Park, except that all or part of a state park, marine park, wildlife preserve, or recreation area may be closed to the discharge of firearms by regulations adopted by the department for purposes of public safety or, with the concurrence of the Board of Game, for limited areas of Chugach State Park for public display of local wildlife under AS 41.21.121 .

History. (§ 1 ch 126 SLA 1984)

Administrative Code. —

For state park land and water restrictions, see 11 AAC 12, art. 1.

For Chugach state park, see 11 AAC 20, art. 1.

For Kachemak Bay state park, see 11 AAC 20, art. 2.

For Kachemak Bay state wilderness park, see 11 AAC 20, art. 3.

For Wood-Tikchik state park, see 11 AAC 20, art. 5.

For Denali state park, see 11 AAC 20, art. 6.

For Caines Head state recreation area, see 11 AAC 20, art. 7.

For Chena River state recreation area, see 11 AAC 20, art. 8.

For Quartz Lake state recreation area, see 11 AAC 20, art. 9.

For Nancy Lake state recreation area, see 11 AAC 20, art. 10.

For Captain Cook state recreation area, see 11 AAC 20, art. 11.

For Chilkat state park and Point Bridget state park, see 11 AAC 20, art. 12.

For Alaska marine parks, see 11 AAC 20, art. 14.

For Kenai River special management Area, see 11 AAC 20, art. 17.

For special provisions, see 11 AAC 20, art. 18.

Sec. 41.21.024. Easements and rights-of-way for access to private land.

The department may grant a public easement or public right-of-way within a state park unit for access to private property if the commissioner determines that the easement or right-of-way

1. will not unduly affect park resources; and
2. is in the public interest.

History. (§ 1 ch 172 SLA 1990)

Revisor’s notes. —

Enacted as AS 41.21.020(c) . Renumbered in 1990.

Sec. 41.21.025. Zoning of private land within state parks.

1. The department may adopt, under AS 44.62 (Administrative Procedure Act), zoning regulations governing private property within the boundaries of state parks established under this chapter.
2. Land patented to or under interim conveyance to a regional or village Native corporation under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act) that falls within a state park boundary is subject to the zoning regulations provided for under (a) of this section only if the affected regional or village Native corporation consents to or fails to reject the zoning regulations within 60 days from the date they are submitted to the affected corporation.
3. Uses existing on June 25, 1976 are not affected by zoning regulations adopted after June 25, 1976.

History. (§ 1 ch 250 SLA 1976; am § 49 ch 56 SLA 2005)

Revisor’s notes. —

Formerly AS 41.20.025. Renumbered in 1983.

Sec. 41.21.026. Fees for the use of state park system facilities.

1. Notwithstanding (b) of this section, the department may charge or collect a fee for
   1. rental of public use cabins or other overnight lodgings;
   2. overnight use of a developed campsite;
   3. special park use permits;
   4. competitive and exclusive commercial use permits;
   5. noncompetitive and nonexclusive commercial use permits;
   6. use of a sewage holding tank dump station;
   7. admission to or guided tours of visitor centers and historic sites;
   8. use of an improved boat ramp in a park facility developed principally for boat launching;
   9. sale of firewood;
   10. use of a developed facility that has developed parking and rest rooms; and
   11. presentation or attendance at programs related to natural or cultural history, outdoor skills or education, or other topics concerned with public use, enjoyment, or understanding of parks.
2. The department may not charge or collect a fee for an ordinary use of a park unit or the use of a restroom in a park unit.
3. The department shall establish the fees that may be charged or collected under (a) of this section by regulation. Before setting the fees, the department shall consider at public hearings
   1. the cost to the state of operating the facility or managing the activity;
   2. the normal fees charged for similar facilities or activities by governmental and nongovernmental entities;
   3. the cost of administering a fee collection program for the facility or activity; and
   4. the public interest.
4. The department shall issue free of charge to disabled veterans of this country an annual state park developed campsite permit. The permit shall allow a disabled veteran to use a state park developed campsite for personal recreation use without a charge or fee under (a)(2) of this section. While utilizing a developed campsite without charge under this subsection, the disabled veteran shall comply with all other statutes or regulations pertaining to the use of the developed campsite. The department shall provide a form for use by a disabled veteran when applying for a permit under this section. Not later than February 1 of each year, the department shall prepare a report on the number of permits issued to disabled veterans under this subsection during the previous calendar year and notify the legislature that the report is available.
5. In this section, “developed campsite” means a campsite having access to the following public facilities:
   1. restrooms;
   2. a picnic table;
   3. an outdoor cooking facility; and
   4. an approved water source.
6. In addition to the activities, services, and products for which the department may charge or collect a fee under (a) of this section, the department may sell informational, educational, or promotional merchandise. The department shall price merchandise sold under this subsection in a manner that ensures a reasonable monetary return to the state. To the extent practicable, the department shall sell only merchandise produced or manufactured, including printing, screen printing, and embroidery, in the United States that, subject to AS 36.30, is procured from either an Alaska bidder or a person that employs prisoners under AS 33.30.191(b) .

History. (§ 1 ch 89 SLA 1987; am § 1 ch 28 SLA 1991; am § 75 ch 63 SLA 1993; am § 77 ch 21 SLA 1995; am §§ 3, 4 ch 26 SLA 2016)

Revisor’s notes. —

Subsection (d) was enacted as (e). Relettered in 1991, at which time former (d) was relettered as (e).

Cross references. —

For governor's transmittal letter for ch. 26, SLA 2016 (SB 101), see 2015 Senate Journal 869 — 870.

Administrative Code. —

For fees for department services, see 11 AAC 5.

For state park land and water restrictions, see 11 AAC 12, art. 1.

For park uses, see 11 AAC 18, art. 1.

For preserve activities; management, see 11 AAC 21, art. 2.

Effect of amendments. —

The 2016 amendment, effective September 20, 2016, in (a), in the introductory language, deleted “in a park unit” following “collect a fee”, deleted (a)(10), related to sale of merchandise, and made related changes; added (f).

Editor’s notes. —

Section 87, ch. 63, SLA 1993 provides “[i]f any section of this bill is found to violate the single subject rule it is severed from the rest of the bill.”

Sec. 41.21.027. Concession contracts in the state park system.

1. Subject to the restrictions in this section, the state may enter into concession contracts under AS 36 to provide services or construct facilities in a park unit.
2. The state may not enter into a concession contract under (a) of this section if the proposed contract involves estimated annual gross receipts of more than $100,000, construction of facilities, a term longer than four years, or the provision of services other than those normally provided at similar facilities managed by the state, unless the commissioner finds that the proposed concession contract
   1. will implement the purposes of the park unit and is authorized by the park management plan, if any, that applies to the park unit;
   2. will enhance public use and enjoyment of the park unit while maintaining a high quality environment and the opportunity for high quality recreational experiences;
   3. will provide services or facilities that are not feasible or affordable for the state to provide directly;
   4. will not create unacceptable adverse environmental effects;
   5. is based on a need and desire of the public;
   6. recognizes and accommodates, at no cost, ordinary uses in a park unit;
   7. requires the contractor to hire residents of the state, to the extent available and qualified, when hiring persons to work in the park under the contract;
   8. provides the state with a fair and equitable portion, in money or services, of the contractor’s receipts from the provision of the service or the operation of the facility;
   9. provides that the department retains control over the level of fees and the design and appearance of any facility to be constructed;
   10. encourages the contractor to accommodate visitors with special circumstances, including persons with disabilities, senior citizens, and school children; and
   11. provides that the contract may be terminated if the contractor fails to fulfill the requirements of this section or the contract.
3. Before bids or proposals are sought or contract negotiations begun for a concession contract under (b) of this section, the commissioner shall
   1. make a preliminary inquiry at the local level to identify community concerns;
   2. if it is appropriate to proceed further, make a preliminary decision that includes the findings required by (b) of this section and
      1. an assessment of existing visitor uses that may be affected by the activities of the contractor;
      2. an assessment of the potential conflicts or significant effects on park wildlife, water, scenic values, or other resources;
      3. an identification of the types of services or goods that the contractor is to provide;
      4. the terms and conditions of the contract;
      5. a determination of whether the contract activity would be more appropriately located on land outside of the park or on private land within the park; and
      6. the views and comments of the park advisory board, when one exists, for the park unit in which the activity is being considered;
   3. after making a preliminary decision under (2) of this subsection,
      1. seek public comment on the preliminary decision through reasonable public notice and, if facilities may be built under the concession contract, conduct public hearings;
      2. after considering the public comment obtained under this paragraph, issue a final decision on whether or not the state will proceed into a concession contract award process.
4. The commissioner shall provide for public review and comment before a concession contract under this section is renewed or extended.
5. The commissioner may adopt regulations to implement this section.
6. A person who enters into a concession contract with the state under this section may not charge or collect a fee for an ordinary use of a park unit or for the use of a restroom in a park unit.
7. With the exception of guided tours and noncompetitive commercial use permits, concessions or commercial activities are not permitted within the Alaska Chilkat Bald Eagle Preserve.

History. (§ 1 ch 89 SLA 1987; am § 21 ch 25 SLA 2006)

Sec. 41.21.028. Definitions.

In AS 41.21.026 — 41.21.028 ,

1. “ordinary use” means a use that is not generally associated with developed facilities, including fishing, hunting, walking, swimming in a natural body of water, picnicking, or automobile parking associated with another ordinary use;
2. “park unit” means a unit of the state park system.

History. (§ 1 ch 89 SLA 1987)

Sec. 41.21.030. Disposition of funds.

1. All money received from the operation of parks and recreational facilities, including money from concessions, rentals, or donations, shall be deposited in the general fund of the state.
2. [Repealed, § 28 ch 90 SLA 1991.]
3. In (a) of this section, “money from concessions” means, for a concession contract under AS 41.21.027 , the consideration received by the state from the contract.

History. (§ 3 ch 158 SLA 1959; am § 2 ch 89 SLA 1987; am § 28 ch 90 SLA 1991)

Revisor’s notes. —

Formerly AS 41.20.030. Renumbered in 1983.

Sec. 41.21.040. Division within department.

The commissioner may establish within the department a separate division to perform the functions relative to parks and recreational facilities specified in AS 41.21.010 — 41.21.040 and related or additional functions as are otherwise assigned to the department by law.

History. (§ 4 ch 158 SLA 1959)

Revisor’s notes. —

Formerly AS 41.20.040. Renumbered in 1983.

Administrative Code. —

For state park land and water restrictions, see 11 AAC 12, art. 1.

For jurisdiction and procedure, see 11 AAC 15, art. 1.

For procedure, see 11 AAC 16, art. 1.

For national register of historic places, see 11 AAC 16, art. 2.

For procedure, see 11 AAC 17, art. 1.

For park uses, see 11 AAC 18, art. 1.

For Chugach state park, see 11 AAC 20, art. 1.

For Kachemak Bay state park, see 11 AAC 20, art. 2.

For Kachemak Bay state wilderness park, see 11 AAC 20, art. 3.

For Willow Creek state recreation area, see 11 AAC 20, art. 4.

For Wood-Tikchik state park, see 11 AAC 20, art. 5.

For Denali state park, see 11 AAC 20, art. 6.

For Caines Head state recreation area, see 11 AAC 20, art. 7.

For Chena River state recreation area, see 11 AAC 20, art. 8.

For Quartz Lake state recreation area, see 11 AAC 20, art. 9.

For Nancy Lake state recreation area, see 11 AAC 20, art. 10.

For Captain Cook state recreation area, see 11 AAC 20, art. 11.

For Chilkat state park and Point Bridget state park, see 11 AAC 20, art. 12.

For Alaska marine parks, see 11 AAC 20, art. 14.

For Shuyak Island state park, see 11 AAC 20, art. 16.

For Kenai River special management Area, see 11 AAC 20, art. 17.

For special provisions, see 11 AAC 20, art. 18.

For Eagle preserve land and water restrictions, see 11 AAC 21, art. 1.

For preserve activities; management, see 11 AAC 21, art. 2.

Editor’s notes. —

A division of parks was established in 1970 under the authority given in this section. The division is now named the division of parks and outdoor recreation.

Sec. 41.21.110. Purpose of AS 41.21.110 — 41.21.113.

The purpose of AS 41.21.110 — 41.21.113 is to empower the governor to restrict state-owned land and water described in AS 41.21.111 to use as a state park. Under AS 38.05.300 , state land, water, or land and water containing more than 640 acres may be closed to multiple purpose use only by act of the legislature. Because the area described in AS 41.21.111 exceeds 640 acres, AS 41.21.110 — 41.21.113 are intended to provide for the closing of the described land and water to multiple purpose use in conformity with AS 38.05.300 and its subsequent designation as a special purpose site in accordance with art. VIII, § 7, of the Constitution of the State of Alaska.

History. (§ 1 ch 76 SLA 1970; am § 1 ch 47 SLA 1975)

Revisor’s notes. —

Formerly AS 41.20.170. Renumbered in 1983.

Sec. 41.21.111. Authority to designate Chilkat State Park.

The governor may designate by proclamation the state-owned land and water and all that acquired in the future by the state, lying within the parcels described in this section, as the Chilkat State Park. The proclamation may include the entire area or portions of the area at different times, shall reserve the areas included from all uses incompatible with their primary function as public recreation land and water, and shall assign them to the department for control, development, and maintenance. Land covered by AS 41.21.110 — 41.21.113 has a total acreage of 6,056.30 acres, including approximately 610 acres of federal land, and is described as follows:

1. Township 31 South, Range 60 East, Copper River Meridian
2. Township 31 South, Range 59 East, Copper River Meridian
3. Township 31 South, Range 60 East, Copper River Meridian
4. Township 32 South, Range 60 East, Copper River Meridian
5. the following particularly described parcels:
   1. approximately 6.49 acres in U.S. Survey 1243, Haines Recording District, described as: begin on the South line of said survey South 88 degrees 31 minutes 45 seconds East 1950.84 feet from Southwest corner (corner 4 M.C.) of said survey, said point being the Southeast corner of the tract in said survey excepted in the decree in Case No. 68-328 of the Superior Court at Juneau, in which the distance is recited as being 29.55 chains (1950.30 feet), run thence North 01 degree 12 minutes 00 seconds East, on the East line of said excepted tract, 1028.77 feet, recited as 15.59 chains (1028.94 feet) in said decree, to the Northeast corner of said excepted tract; thence North 88 degrees 31 minutes 45 seconds West 24.38 feet; thence North 01 degree 27 minutes 45 seconds East 1.85 feet; thence on a 126.92 foot radius curve to the left through a central angle of 72 degrees 04 minutes 30 seconds a distance of 159.57 feet, the chord of which bears North 34 degrees 34 minutes 30 seconds West 149.27 feet; thence North 70 degrees 25 minutes 15 seconds West 119.52 feet; thence on a 208.11 foot radius curve to the right through a central angle of 62 degrees 04 minutes 00 seconds a distance of 225.48 feet, the chord of which bears North 39 degrees 23 minutes 15 seconds West 214.61 feet to the South line of “Mud Bay Road”; thence North 86 degrees 46 minutes 30 seconds East, on said line of “Mud Bay Road,” 230.54 feet; thence South 70 degrees 25 minutes 15 seconds East 90.95 feet; thence on a 326.92 foot radius curve to the right through a central angle of 71 degrees 57 minutes 00 seconds a distance of 410.55 feet, the chord of which bears South 34 degrees 30 minutes 45 seconds 384.10 feet; thence South 01 degree 27 minutes 45 seconds West 1030.62 feet to the South line of said survey; thence North 88 degrees 31 minutes 45 seconds West 175.38 feet to the point of beginning;
   2. approximately 92 acres in Tract “D,” C. McRae Subdivision according to Plat 77-12, Haines Recording District, described as: begin at the Southwest corner of said Tract “D” which is also the Southwest corner of the North one-half of the Southwest one-quarter of the Northwest one-quarter of Section 32, Township 31 South, Range 60 East of the Copper River Meridian, which bears North 01 degree 26 minutes 00 seconds West (Alaska State Plane Grid Bearings) 660.00 feet from the one-quarter corner on the West line of said section and South 01 degree 26 minutes 00 seconds East 660.00 feet from the North one-sixteenth corner on the West line of said section, run thence North 01 degree 26 minutes 00 seconds East, on the West line of said section, 347.81 feet to the Northeasterly line of Chilkat State Park Roadway; thence South 32 degrees 56 minutes 15 seconds East 70.04 feet to a point of curve; thence Southerly on a 0 degrees 58 minutes 58 seconds curve to the right (Radius = 5,829.65 feet) through an arc of 03 degrees 23 minutes 12 seconds (344.58 feet), the chord of which bears South 31 degrees 14 minutes 45 seconds East 344.53 feet, to the South line of said tract and the South line of the North one-half of the Southwest one-quarter of the Northwest one-quarter of said section; thence North 88 degrees 34 minutes 00 seconds West 225.56 feet to the point of beginning;
   3. approximately 3.44 acres in Tract “E,” C. McRae Subdivision according to Plat 77-12, Haines Recording District, described as: begin at the Northwest corner of said tract which is also the one-sixty-fourth corner on the West line of said section which bears North 01 degree 26 minutes 00 seconds East (Alaska State Plane Grid Bearings) 660.00 feet from the one-quarter corner on the West line of Section 32, Township 31 South, Range 60 East of the Copper River Meridian and South 01 degree 26 minutes 00 seconds West 660.00 feet from the North one-sixteenth corner of said section, run thence South 88 degrees 34 minutes 00 seconds East, on the North line of said tract which is also the South line of the North one-half of the Southwest one-quarter of the Northwest one-quarter of said section, 225.56 feet to a point on the Easterly line of Chilkat State Park Roadway; thence Southerly on a 0 degrees 58 minutes 58 seconds curve to the right (Radius = 5,829.65 feet) through an arc of 01 degree 46 minutes 48 seconds (181.10 feet), the chord of which bears South 28 degrees 39 minutes 39 seconds East 181.10 feet, to a point of tangency; thence South 27 degrees 46 minutes 15 seconds East 268.21 feet to a point of curve; thence on a 14 degrees 16 minutes 06 seconds curve to the right (Radius = 401.56) through an arc of 40 degrees 06 minutes 37 seconds (281.12 feet), the chord of which bears South 07 degrees 43 minutes 00 seconds East 275.41 feet to the South line of said tract which is also the South line of the Southwest one-quarter of the Northwest one-quarter of said section; thence North 88 degrees 15 minutes 00 seconds West, on said South line, to the Westerly line of Chilkat State Park Roadway; thence Northerly on a 28 degrees 25 minutes 34 seconds curve to the left (Radius = 201.56 feet) through an arc of 50 degrees 59 minutes 51 seconds (179.40 feet), the chord of which bears North 02 degrees 15 minutes 15 seconds West 173.54 feet to a point of tangency; thence North 27 degrees 46 minutes 15 seconds West 268.21 feet to a point of curve; thence on a 01 degree 01 minute 04 seconds curve to the left (Radius = 5,629.65 feet) through an arc of 02 degrees 50 minutes 00 seconds (278.39 feet), the chord of which bears North 29 degrees 11 minutes 15 seconds West 278.37 feet to the West line of said section; thence North 01 degree 26 minutes 00 seconds East 14.72 feet to the point of beginning.

U.S.S. 1599: the portions of Sections 6-8 known as Battery Point Light House Reserve;

Section 1, excluding the portions of Lots 2 and 3 within the Chilkoot Inlet Alaska Subdivision

Section 12: NW1/4, NE1/4, SE1/4

Township 31 South, Range 60 East, Copper River Meridian

Section 6: Lots 1-3

Section 7: Lots 1-7

Section 8: Lot 1

Sections 17 and 18

Section 19: NE1/4NW1/4, N1/2NE1/4;

Section 30: Lots 8 and 9

Section 31

Section 32: SW1/4, W1/2NW1/4SE1/4,

W1/2SE1/4NW1/4SE1/4, Lots 9 — 16 including

W1/2SW1/4SE1/4SE1/4;

Section 5: W1/2, W1/2SE1/4

Sections 6-9, 15-17, 21 and 22, excluding Tongass National Forest; and

History. (§ 1 ch 76 SLA 1970; am § 2 ch 47 SLA 1975; am § 3 ch 27 SLA 1997)

Revisor’s notes. —

Formerly AS 41.20.180. Renumbered in 1983.

Administrative Code. —

For Chilkat state park and Point Bridget state park, see 11 AAC 20, art. 12.

Sec. 41.21.112. Incompatible uses.

The commissioner shall designate by regulation incompatible uses within the boundaries of the Chilkat State Park in accordance with AS 41.21.110 , and those incompatible uses designated shall be prohibited or restricted, as provided by regulation. Nothing in this section affects the rights and uses of water and facilities of the city of Haines located within the boundaries of this area.

History. (§ 1 ch 76 SLA 1970; am § 3 ch 47 SLA 1975)

Revisor’s notes. —

Formerly AS 41.20.190. Renumbered in 1983.

Sec. 41.21.113. Eminent domain prohibited.

The state may not acquire by eminent domain privately owned land for inclusion in Chilkat State Park.

History. (§ 4 ch 47 SLA 1975)

Sec. 41.21.120. Purpose of AS 41.21.120 — 41.21.125.

The purpose of AS 41.21.120 — 41.21.125 is to restrict state-owned land and water described in AS 41.21.121 to use as a state park. Under AS 38.05.300 , state land, water, or land and water containing more than 640 acres may be closed to multiple purpose use only by act of the legislature. Because the area described in AS 41.21.121 exceeds 640 acres, AS 41.21.120 — 41.21.125 are intended to provide for the closing of the described land and water to multiple purpose use in conformity with AS 38.05.300 and its subsequent designation as a special purpose site in accordance with art. VIII, § 7, of the Constitution of the State of Alaska.

History. (§ 1 ch 112 SLA 1970)

Revisor’s notes. —

Formerly AS 41.20.200. Renumbered in 1983.

Sec. 41.21.121. Chugach State Park established.

The presently state-owned land and water, and all that acquired in the future by the state, lying within the parcels described in this section are designated as the Chugach State Park. The park is established to protect and supply a satisfactory water supply for the use of the people, to provide recreational opportunities for the people by providing areas for specified uses and constructing the necessary facilities in those areas, to protect areas of unique and exceptional scenic value, to provide areas for the public display of local wildlife, and to protect the existing wilderness characteristics of the easterly interior area. The eastern area of the park shall be operated as a wilderness area, the central area as a scenic area, and the periphery areas as recreational areas. The land and water designated as the Chugach State Park and reserved from all uses incompatible with its primary function as a state park is that within the following described parcels excluding valid entries:

1. Township 11 North, Range 3 West, Seward Meridian
2. Township 10 North, Range 2 West, Seward Meridian
3. Township 11 North, Range 2 West, Seward Meridian
4. Township 12 North, Range 2 West, Seward Meridian
5. Township 14 North, Range 2 West, Seward Meridian
6. Township 10 North, Range 1 West, Seward Meridian
7. Township 11 North, Range 1 West, Seward Meridian
8. Township 12 North, Range 1 West, Seward Meridian, except lands covered by PLO 2029;
9. Township 13 North, Range 1 West, Seward Meridian;
10. Township 14 North, Range 1 West, Seward Meridian
11. Township 15 North, Range 1 West, Seward Meridian
12. Township 16 North, Range 1 West, Seward Meridian
13. Township 10 North, Range 1 East, Seward Meridian;
14. Township 11 North, Range 1 East, Seward Meridian;
15. Township 12 North, Range 1 East, Seward Meridian;
16. Township 13 North, Range 1 East, Seward Meridian;
17. Township 14 North, Range 1 East, Seward Meridian
18. Township 15 North, Range 1 East, Seward Meridian;
19. Township 16 North, Range 1 East, Seward Meridian
20. Township 10 North, Range 2 East, Seward Meridian
21. Township 11 North, Range 2 East, Seward Meridian
22. Township 12 North, Range 2 East, Seward Meridian;
23. Township 13 North, Range 2 East, Seward Meridian;
24. Township 14 North, Range 2 East, Seward Meridian;
25. Township 15 North, Range 2 East, Seward Meridian
26. Township 16 North, Range 2 East, Seward Meridian
27. Township 11 North, Range 3 East, except Chugach National Forest;
28. Township 12 North, Range 3 East, Seward Meridian;
29. Township 13 North, Range 3 East, Seward Meridian;
30. Township 14 North, Range 3 East, Seward Meridian;
31. Township 15 North, Range 3 East, Seward Meridian.

Section 10: Lots 19 — 22, 24, 25, 28, 29, 33, 34, 37; and SE1/4, and E1/2 SW1/4

Section 14: SW1/4

Sections 15, 22, 23, 25 and 26

Section 24: S1/2 and NE1/4;

Sections 1 — 4;

Sections 1 — 3

Section 4: Lots 1 — 4, and S1/2N1/2, SE1/4, NW1/4 SW1/4, NE1/4 SW1/4, and SE1/4 SW1/4

Section 5: Lots 1, 2, 4, and S1/2 NE1/4, SW1/4 NW1/4, W1/2 SW1/4 and SE1/4 SW1/4

Section 7: E1/2 NE1/4 and SE1/4

Section 8: S1/2, NW1/4, and N1/2 NE1/4

Section 9: N1/2 N1/2, SW1/4, and S1/2 SE1/4

Section 10 — 17

Section 18: Lot 4; and NE1/4, SE1/4, and E1/2 SW1/4

Section 19, except Lot 1 USS 4909.

Section 20, except Lot 2 USS 4909.

Sections 21 — 26

Section 27: E1/2, NW1/4, and SE1/4 SW1/4

Section 28: NE1/4 NE1/4, NW1/4, and E1/2 SW1/4

Sections 29 — 32

Section 33 except USS 2891 and USS 3384

Sections 34 — 36;

Section 3: W1/2, SE1/4, and SW1/4 NE1/4

Sections 4, 5, and 7 — 10

Section 11: SW1/4, W1/2 NW1/4, SE1/4 NW1/4, and SW1/4 SE1/4

Section 13: SW1/4 NW1/4, SW1/4, and SW1/4 SE1/4

Sections 14 — 29

Section 31: S1/2 SE1/4 and SE1/4 NE1/4

Sections 32 — 36;

Section 11: Lots 74 and 75

Section 13

Section 14: Lots 1 — 3, 13 — 16, 31, 32; and NE1/4 NE1/4 NE1/4, SE1/4 NE1/4 NE1/4, and SW1/4 NE1/4 NE1/4

Section 24: N1/2 N1/2;

Sections 1 — 4

Section 5, except USS 3215 and Indian Valley Subdivision

Section 6, except USS 1868 and USS 3200

Section 8

Section 9, except USS 3680, USS 3382, and USS 1069

Section 10, except USS 3201, USS 3202, and USS 3382

Sections 11 — 14 and 23 — 25

USS 3680: Lot 1;

Sections 1 — 30

Section 31, except USS 3200, USS 1868 and First Addition Indian Valley Subdivision

Sections 32 — 36;

Sections 1 — 4

Section 5: Lots 1 — 4; and S1/2 NE1/4, SE1/4 NW1/4, N1/2 SW1/4 NW1/4, SE1/4 SW1/4 NW1/4, E1/2 SW1/4 SW1/4 NW1/4, E1/2 SE1/4, and N1/2 NW1/4 SE1/4

Section 6: Lots 1 — 3

Section 9: E1/2

Sections 10 — 13

Section 14 N1/2, E1/2 SE1/4, and N1/2 SW1/4

Section 15: NE1/4, N1/2 NW1/4, SE1/4 NW1/4, and SW1/4 SW1/4

Section 16: SW1/4, S1/2 SE1/4, and NW1/4 SE1/4

Section 17: S1/2

Section 18: S1/2

Section 19: N1/2 N1/2

Section 20: N1/2 and SW1/4

Section 21, except NW1/4 SW1/4

Section 22, except E1/2 NE1/4

Section 23: SW1/4 NW1/4, SW1/4, SW1/4 SE1/4, SW1/4 NE1/4 SE1/4, and S1/2 SE1/4 SE1/4

Section 24: N1/2 E1/2 SE1/4, NW1/4 SE1/4, W1/2 SW1/4 SW1/4 SW1/4, SE1/4 SW1/4 SW1/4 SW1/4, and W1/2 NW1/4 SW1/4

Section 25: S1/2 except N1/2 NE1/4 NE1/4 SE1/4; and SW1/4 SW1/4 NE1/4, SW1/4 SE1/4 SW1/4 NE1/4, SW1/4 NW1/4 SW1/4 NE1/4, S1/2 NW1/4, NW1/4 NW1/4, SW1/4 NE1/4 NW1/4, S1/2 SE1/4 NE1/4 NW1/4, and SW1/4 NW1/4 NE1/4 NW1/4

Sections 26 — 36;

Section 1

Section 2: SE1/4

Section 11: E1/2, N1/2 SW1/4, E1/2 NW1/4, and SW1/4 NW1/4

Sections 12 and 13

Section 14: S1/2, NE1/4, E1/2 NW1/4, and SW1/4 NW1/4

Section 15: SE1/4 and S1/2 NE1/4

Sections 21 — 28

Section 29: E1/2, E1/2 SW1/4, and SW1/4 SW1/4

Section 31: E1/2 and E1/2 SW1/4

Section 32: N1/2, E1/2 SE1/4, and S1/2 SW1/4

Sections 33 — 36;

Section 25: NE1/4SE1/4SE1/4 and N1/2SE1/4SE1/4SE1/4; and Tract B, Thunderbird Heights Subdivision, as shown on Plat 77-226, Anchorage Recording District, October 10, 1977;

Sections 1 — 29

Section 30: Lots 2, 4; and N1/2, N1/2 SE1/4, N1/2 SE1/4 SE1/4, N1/2 NE1/4 SW1/4, SW1/4 SW1/4 SW1/4 SE1/4, S1/2 SE1/4 SW1/4, S1/2 NW1/4 SE1/4 SW1/4, and NW1/4 NW1/4 SE1/4 SW1/4

Section 31: Lots 1, 2, 3, 5; and E1/2 W1/2, SE1/4, S1/2 NE1/4, S1/2 NW1/4 NE1/4, NW1/4 NW1/4, NE1/4, W1/2 NE1/4 NW1/4 NE1/4, SE1/4 NE1/4 NW1/4 NE1/4, SW1/4 NE1/4 NE1/4, and SW1/4 SE1/4 NE1/4 NE1/4

Section 32: N1/2 NE1/4, W1/2 SE1/4 NE1/4, NE1/2 SE1/4 NE1/4, SW1/4 SW1/4, S1/2 SE1/4 SW1/4, S1/2 NE1/4 SE1/4 SW1/4, W1/2 NW1/4 SE1/4 SW1/4, SE1/4 NW1/4 SE1/4 SW1/4, SW1/4 SW1/4 SE1/4, SW1/4 SE1/4 SW1/4 SE1/4, W1/2 SW1/4 NW1/4 SE1/4 SE1/4, S1/2 NW1/4 SW1/4, NW1/4 NW1/4 SW1/4, W1/2 NE1/4 NW1/4 SW1/4, SE1/4 NE1/4 NW1/4 SW1/4, SW1/4 SW1/4 NW1/4, SW1/4 NW1/4 SW1/4 NW1/4, and W1/2 SE1/4 SW1/4 NW1/4

Section 33: N1/2 NE1/4, NE1/4 NW1/4, and N1/2 NW1/4 NW1/4

Sections 34 — 36;

Sections 26 — 29 and 31 — 36

Section 30: SW1/4 SW1/4;

Sections 4 — 6, except Chugach National Forest

Section 7

Section 8: W1/2, W1/2 NE1/4, NE1/4 NE1/4, and N1/2 SE1/4 NE1/4, except USS 3045

Section 9: N1/2

Section 18: N1/2 and SW1/4, except USS 3043 and USS 3042;

Sections 1 — 7, 18, 19, 30, and 31, except Chugach National Forest;

Sections 1 — 4, 6, 7, and 10 — 36

Section 9: E1/2;

Section 1: S1/2 except USS 3527, USS 3914, USS 4789, and USS 3282

Sections 2 and 9 — 11: that portion south of the Glenn Highway

Sections 12 — 16

Section 17: that portion of the E1/2 south of the Glenn Highway

Section 19: S1/2

Section 20: NE1/4

Sections 21 — 28

Sections 30 and 31

Sections 33 — 36;

History. (§ 1 ch 112 SLA 1970; am § 3 ch 39 SLA 1987)

Revisor’s notes. —

Formerly AS 41.20.210. Renumbered in 1983. In 1970, “E21/2W1/2” was substituted for “E1/2S1/2” near the beginning of the description of land in Section 31 in paragraph (17) of this section to correct a manifest clerical error in ch. 112, SLA 1970.

Cross references. —

For 1974 modifications to the boundaries of the park under AS 41.21.122 , see the revisor’s notes to that section; for legislative purposes and findings in connection with the 1987 amendment to paragraph (12), see § 1, ch. 39, SLA 1987 in the Temporary and Special Acts.

For provision authorizing land transfers and conveyances by the commissioner of natural resources affecting relocation or widening of the Seward Highway or relocation of facilities of the Alaska Railroad Corporation within the Chugach State Park, see sec. 6, ch. 116, SLA 2000 in the 2000 Temporary & Special Acts.

Administrative Code. —

For Chugach state park, see 11 AAC 20, art. 1.

Editor’s notes. —

Section 39, ch. 91, SLA 1997 provides as follows: “Notwithstanding AS 41.21.120 — 41.21.125 , within Township 10 North, Range 1 East, Seward Meridian, the commissioner of natural resources may

“(1) convey a property interest in land to the Alaska Railroad Corporation for the purpose of realigning the railroad in conjunction with the relocation of the Seward Highway, provided that the property interest conveyed must be equivalent to that conveyed to the state-owned railroad under 45 U.S.C. 1201 — 1214 (Alaska Railroad Transfer Act of 1982) and shall be held and managed by the Alaska Railroad Corporation under AS 42.40;

“(2) grant a 300 foot wide highway easement to the Department of Transportation and Public Facilities for the relocated Seward Highway;

“(3) grant a 100 foot wide utility easement to Chugach Electric Association, Inc., for the relocation of the 115 kilovolt electric transmission line (Federal Power Commission project no. 2170, AA-39417, and ADL 32417) and the electric distribution line (A-029885) located within the Chugach State Park.”

Sec. 41.21.122. Management responsibility.

The state land and water described in AS 41.21.121 as the Chugach State Park is assigned to the department for control, development and maintenance, except that the Department of Transportation and Public Facilities is responsible for the repair and maintenance of all existing public roads within the park. The control of highway access and roadside structures within the Chugach State Park is the responsibility of the department. The Department of Fish and Game shall cooperate with the department to provide for those purposes under AS 41.21.121 relevant to the duties of the Department of Fish and Game. If, in the exercise of management responsibility under this section, conflicts of land ownership, jurisdiction, or authority are unreconcilable or unmanageable other than at an unreasonable cost and expense to the state, the commissioner after public hearing in accordance with AS 44.62 may modify, subject to the approval of the legislature, the boundaries of the Chugach State Park not to exceed 20 percent of the total acreage described in AS 41.21.121.

History. (§ 1 ch 112 SLA 1970)

Revisor’s notes. —

Formerly AS 41.20.220. Renumbered in 1983. Under the authority of this section, the commissioner of natural resources held public hearings and modified the boundaries of the park. By adopting HCR 75 am in 1974, the legislature gave the required approval. The action removed the following land from the park: (1) land lying within the city limits of Girdwood in T10N, R2E, S.M.; (2) land in Sec. 10, T11N, R3W, S.M. south and west of and adjacent to the toe of the bluff that extends from Campbell Point southeasterly to Potter Creek that has been designated as the Potter Point State Game Refuge; (3) USS 3070 in Sec. 9, T16N, R2E, S.M., which is an isolated parcel of foreclosed land not contiguous to the park.

Sec. 41.21.123. Incompatible uses.

1. The commissioner shall designate by regulation, adopted in accordance with AS 44.62 (Administrative Procedure Act), incompatible uses within the boundaries of the Chugach State Park in accordance with AS 41.21.120 — 41.21.125 , and those incompatible uses designated are prohibited or restricted as provided by regulation.
2. In adopting regulations under this section and in complying with AS 44.62.210 , the commissioner shall provide the opportunity for the oral presentation of statements, arguments or contentions.

History. (§ 1 ch 112 SLA 1970)

Revisor’s notes. —

Formerly AS 41.20.230(a) and (b). Renumbered in 1983.

Sec. 41.21.124. Discharge of firearms. [Repealed, § 2 ch 126 SLA 1984.]

Sec. 41.21.125. Purchase authorized.

The commissioner may acquire, by purchase in the name of the state, title to or interest in real property lying within or abutting the boundaries of the Chugach State Park.

History. (§ 1 ch 112 SLA 1970)

Revisor’s notes. —

Formerly AS 41.20.240. Renumbered in 1983.

Sec. 41.21.130. Purpose of AS 41.21.130 — 41.21.142.

The purpose of AS 41.21.130 — 41.21.142 is to restrict state-owned land and water described in AS 41.21.131 to use as a state park. Under AS 38.05.300 , state land, water, or land and water containing more than 640 acres may be closed to multiple purpose use only by act of the legislature. Because the area described in AS 41.21.131 exceeds 640 acres, AS 41.21.130 — 41.21.142 are intended to provide for the closing of the described land and water to multiple purpose use in conformity with AS 38.05.300 and its subsequent designation as a special purpose site in accordance with art. VIII, § 7, of the Constitution of the State of Alaska.

History. (§ 1 ch 115 SLA 1970)

Revisor’s notes. —

Formerly AS 41.20.250. Renumbered in 1983.

Sec. 41.21.131. Kachemak Bay State Park established.

1. The presently state-owned land and water, and all that acquired in the future by the state, lying within the parcels described in this section are designated as the Kachemak Bay State Park. In order to protect and preserve this land and water for its unique and exceptional scenic value, the park is established and shall be managed as a scenic park. The land and water lying within the following described parcels is reserved from all uses incompatible with its primary function as a scenic park and is assigned to the department for control, development, and maintenance:
   1. Township 5 South, Range 10 West, Seward Meridian Chugachik Island
   2. Township 5 South, Range 11 West, Seward Meridian
   3. Township 6 South, Range 11 West, Seward Meridian;
   4. Township 7 South, Range 11 West, Seward Meridian
   5. Township 7 South, Range 12 West, Seward Meridian
   6. Township 7 South, Range 13 West, Seward Meridian
   7. Township 8 South, Range 11 West, Seward Meridian
   8. Township 8 South, Range 12 West, Seward Meridian;
   9. Township 8 South, Range 13 West, Seward Meridian
   10. Township 9 South, Range 8 West, Seward Meridian
   11. Township 9 South, Range 9 West, Seward Meridian;
   12. Township 9 South, Range 10 West, Seward Meridian
   13. Township 9 South, Range 12 West, Seward Meridian
   14. Township 9 South, Range 13 West, Seward Meridian
   15. Township 10 South, Range 8 West, Seward Meridian
   16. Township 10 South, Range 9 West, Seward Meridian
2. The following public domain land shall be selected by the state, and classified as scenic park land and designated as part of Kachemak Bay State Park immediately upon receipt of management authority by the state:
   1. Township 6 South, Range 10 West, Seward Meridian: W1/2;
   2. Township 7 South, Range 10 West, Seward Meridian: W1/2;
   3. Township 8 South, Range 10 West, Seward Meridian
3. Land lying within the parcels described in (a) and (b) of this section upon which there are valid entries or upon which there are valid applications for lease filed under AS 38.05 before May 9, 1970, is excepted from (a) and (b) of this section. However, if any land excepted under this subsection is subsequently relinquished to the state, it shall be included as part of Kachemak Bay State Park.

Sections 31 — 32;

Section 2: Lot 1, excluding Tract A

Section 3: Lots 1 — 8, SW1/4NE1/4, S1/2NW1/4, N1/2SW1/4

Section 4: Lots 1 — 4, S1/2N1/2, SE1/4, E1/2SW1/4

Section 8: E1/2NE1/4, SE1/4

Section 9: Lots 1 and 2, NW1/4NE1/4, NE1/4NW1/4, W1/2NW1/4, N1/2NE1/4SW1/4, SW1/4NE1/4SW1/4, excluding Lot 6

Section 10: Lot 1

Section 16: Lot 1

Section 17: Lots 1, 3, 4, NW1/4SW1/4, S1/2NW1/4

Section 18: Lot 4, SE1/4, E1/2NE1/4

Section 19: Lots 1 — 6, NW1/4NE1/4, NE1/4NW1/4

Section 20: Lot 1

Sections 24 — 25, excluding tide and submerged land within the Kachemak Bay Critical Habitat Area

Section 26: SE1/4, excluding tide and submerged land within the Kachemak Bay Critical Habitat Area

Section 35, excluding tide and submerged land within the Kachemak Bay Critical Habitat Area

Section 36;

Sections 1 — 4

Section 5: N1/2

Sections 7 — 36;

Section 12, except N1/2NE1/4

Section 13

Sections 19 — 36;

Sections 25 — 26

Sections 35 — 36;

Sections 1 — 8

Section 9: N1/2

Section 10: N1/2

Section 11: N1/2

Section 12: N1/2

Sections 17 — 18;

Sections 1 — 2

Sections 10 — 14

Section 15: E1/2

Section 23: N1/2 and SE1/4

Sections 24 — 25

Section 26: E1/2

Section 35: E1/2

Section 36;

Section 2: W1/2

Section 3 — 10

Sections 15 — 22

Sections 27 — 34;

Sections 10 — 15

Sections 22 — 27

Sections 34 — 36;

Sections 1 — 6

Section 8: NE1/4

Sections 9 — 12

Section 13: N1/2

Section 14: N1/2;

Sections 1 — 2;

Sections 4 — 8

Sections 17 — 19;

Sections 1 — 4

Sections 10 — 15

Sections 22 — 24.

Section 6

Section 7: N1/2.

History. (§ 1 ch 115 SLA 1970; am § 2 ch 110 SLA 1989)

Revisor’s notes. —

Formerly AS 41.20.260. Renumbered in 1983.

Administrative Code. —

For Kachemak Bay state park, see 11 AAC 20, art. 2.

Editor’s notes. —

Section 4, ch. 110, SLA 1989 provides: “This Act does not prohibit the commissioner of natural resources from conveying 50 acres, more or less, on Nuka Island to the University of Alaska in accordance with the final finding of the commissioner of natural resources issued December 4, 1987, or its amendments. This Act does not apply to land conveyed to the University of Alaska under the commissioner’s decision dated December 4, 1987.”

Sec. 41.21.132. Incompatible uses.

The commissioner shall designate by regulation incompatible uses within the boundaries of the Kachemak Bay State Park in accordance with the requirements of AS 41.21.130 — 41.21.142 , and those incompatible uses designated shall be prohibited or restricted, as provided by regulation.

History. (§ 1 ch 115 SLA 1970)

Revisor’s notes. —

Formerly AS 41.20.270. Renumbered in 1983.

Administrative Code. —

For Kachemak Bay state park, see 11 AAC 20, art. 2.

Sec. 41.21.133. Discharge of firearms. [Repealed, § 2 ch 126 SLA 1984.]

Sec. 41.21.134. Purchase authorized; eminent domain prohibited.

The commissioner may acquire, by purchase in the name of the state, title to or interest in real property lying within the boundaries of the Kachemak Bay State Park. The state may not acquire by eminent domain privately owned land for inclusion in the Kachemak Bay State Park.

History. (§ 1 ch 115 SLA 1970)

Revisor’s notes. —

Formerly AS 41.20.290. Renumbered in 1983.

Sec. 41.21.140. Kachemak Bay State Wilderness Park established.

1. The presently state-owned land and water, and all that acquired in the future by the state, lying within the parcels described in this section are designated as the Kachemak Bay State Wilderness Park. In order to protect and preserve this land and water for its unique and exceptional wilderness value, the park is established and shall be managed as a wilderness park. The land and water lying within the following described parcels is reserved from all uses incompatible with its primary function as a wilderness park and is assigned to the department for control and maintenance:
   1. Township 8 South, Range 11 West, Seward Meridian
   2. Township 9 South, Range 10 West, Seward Meridian
   3. Township 9 South, Range 12 West, Seward Meridian
   4. Township 9 South, Range 13 West, Seward Meridian
   5. Township 10 South, Range 9 West, Seward Meridian
   6. Township 10 South, Range 10 West, Seward Meridian;
   7. Township 10 South, Range 11 West, Seward Meridian;
   8. Township 10 South, Range 12 West, Seward Meridian;
   9. Township 11 South, Range 10 West, Seward Meridian;
   10. Township 11 South, Range 11 West, Seward Meridian;
   11. Township 11 South, Range 12 West, Seward Meridian
2. The following public domain land shall be selected by the state, and classified as wilderness park land and designated as part of Kachemak Bay State Park immediately upon receipt of management authority by the state:
   1. Township 8 South, Range 10 West, Seward Meridian
   2. Township 9 South, Range 10 West, Seward Meridian: W1/2;
   3. Township 9 South, Range 11 West, Seward Meridian.

Section 9: S1/2

Section 10: S1/2

Section 11: S1/2

Section 12: S1/2

Sections 13 — 16

Sections 19 — 36;

Sections 1 — 3;

Section 7

Section 8: S1/2 and NW1/4

Section 13: S1/2

Section 14: S1/2

Sections 15 — 36;

Section 11: NE1/4

Sections 12 — 13;

Sections 5 — 7;

Sections 1 — 10

Section 11: W1/2 and E1/2

Sections 12 — 17

Sections 21 — 24.

Sections 4 — 5

Section 7: S1/2

Sections 8 — 9

Sections 16 — 21

Sections 28 — 33;

History. (§ 1 ch 82 SLA 1972; am § 3 ch 110 SLA 1989)

Revisor’s notes. —

Formerly AS 41.20.261(a) and (b). Renumbered in 1983.

Administrative Code. —

For Kachemak Bay state wilderness park, see 11 AAC 20, art. 3.

Sec. 41.21.141. Certain land excepted.

Land lying within the parcels described in AS 41.21.140 upon which there are valid entries or upon which there are valid applications for leases filed under AS 38.05 before March 9, 1972 or that is withdrawn for or selected by Native village or regional corporations under 43 U.S.C. 1610, 1611 and 1613 (P.L. 92-203, §§ 11, 12 and 14 of the Alaska Native Claims Settlement Act), is excepted from AS 41.21.140 . However, if any land excepted under this subsection is subsequently relinquished to the state, it shall be included as part of Kachemak Bay State Wilderness Park.

History. (§ 1 ch 82 SLA 1972)

Revisor’s notes. —

Formerly AS 41.20.261(c). Renumbered in 1983.

Sec. 41.21.142. Stream rehabilitation permitted.

Nothing in AS 41.21.140 — 41.21.142 prohibits the Department of Fish and Game from engaging in stream rehabilitation enhancement and development under AS 16.05.092 on land lying within the parcels described in AS 41.21.140 .

History. (§ 1 ch 82 SLA 1972)

Revisor’s notes. —

Formerly AS 41.20.261(d). Renumbered in 1983.

Sec. 41.21.143. Discharge of firearms. [Repealed, § 2 ch 126 SLA 1984.]

Sec. 41.21.150. Purpose of AS 41.21.150 — 41.21.153.

The purpose of AS 41.21.150 — 41.21.153 is to restrict state-owned land and water described in AS 41.21.151 , except as provided in AS 41.21.153 , to use as a state park. Under AS 38.05.300 , state land, water, or land and water containing more than 640 acres may be closed to multiple use only by act of the legislature. Because the area described in AS 41.21.151 exceeds 640 acres, AS 41.21.150 — 41.21.153 are intended to provide for the closing of the land and water described in AS 41.21.151, as that description is modified by AS 41.21.153, to multiple use in conformity with AS 38.05.300 and its designation as a special purpose area in accord with art. VIII, sec. 7 of the Constitution of the State of Alaska.

History. (§ 2 ch 233 SLA 1970; am § 1 ch 12 SLA 2015)

Revisor’s notes. —

Formerly AS 41.20.300. Renumbered in 1983.

Effect of amendments. —

The 2015 amendment, effective August 9, 2015, twice substituted “AS 41.21.150 - 41.21.153 ” for “AS 41.21.150 - 41.21.152 ”; in the first sentence, substituted “, except as provided in AS 41.21.153 ,” preceding “to use as a state park”; in the third sentence, substituted “the land and water described in AS 41.21.151 , as that description is modified by AS 41.21.153,” for “the described land and water”.

Sec. 41.21.151. Denali State Park established.

The state-owned land and water and that acquired in the future by the state lying within the parcels described in this section are designated as the Denali State Park. This land and water is reserved from all uses incompatible with its primary function as park area. Land covered by AS 41.21.150 — 41.21.152 is that within the following described parcels:

1. Township 29N Range 6W, Range 5W, and that portion of Range 4W lying north and west of the Alaska Railroad right-of-way; Township 30N Range 5W and that portion of Range 3W and 4W lying north and west of the Alaska Railroad right-of-way; Township 31N Range 5W, Range 4W and that portion of Range 3W and Range 2W lying north and west of the Alaska Railroad right-of-way; Township 32N Range 4W, Range 3W and that portion of Range 2W lying north and west of the Alaska Railroad right-of-way; and Township 33N Range 4W, Range 3W and that portion of Range 2W lying west of the Alaska Railroad right-of-way, all in the Seward Meridian;
2. Township 29N, Range 7W; Sections 1-27 and 34-36, Township 29N, Range 8W; containing approximately 42,240 acres, all in the Seward Meridian.

History. (§ 2 ch 233 SLA 1970; am § 1 ch 135 SLA 1976)

Revisor’s notes. —

Formerly AS 41.20.310. Renumbered in 1983.

Cross references. —

For authority of commission to adopt regulations designating incompatible uses, see AS 41.21.020(a)(6) ; for legislative declaration that a certain electrical transmission line is a compatible use in Denali State Park, see § 14, ch 118, SLA 1981.

Administrative Code. —

For Denali state park, see 11 AAC 20, art. 6.

Sec. 41.21.152. Eminent domain prohibited.

The state may not acquire by eminent domain privately owned land for inclusion in the Denali State Park.

History. (§ 2 ch 233 SLA 1970)

Revisor’s notes. —

Formerly AS 41.20.320. Renumbered in 1983.

Sec. 41.21.153. Certain land excepted.

1. Notwithstanding AS 41.21.020(a)(6) , 41.21.150 , or 41.21.151 , state-owned land in the following described parcels may be leased in accordance with AS 38.35 (Right-of-Way Leasing Act) for the purpose of construction and operation of a natural gas pipeline from the North Slope:
   1. Township 29 North, Range 5 West, Seward Meridian
   2. Township 30 North, Range 5 West, Seward Meridian
   3. Township 31 North, Range 4 West, Seward Meridian
   4. Township 31 North, Range 5 West, Seward Meridian
   5. Township 32 North, Range 2 West, Seward Meridian
   6. Township 32 North, Range 3 West, Seward Meridian
   7. Township 32 North, Range 4 West, Seward Meridian
   8. Township 33 North, Range 2 West, Seward Meridian
   9. Township 33 North, Range 3 West, Seward Meridian
2. A state or federal survey does not remove land from the parcels described in (a) of this section.
3. The department shall manage any state-owned land described in this section and within the exterior boundaries of Denali State Park as part of Denali State Park until the land is leased under AS 38.35. State-owned land described in this section will revert to Denali State Park upon release of the land from a right-of-way through termination of the lease or otherwise and upon satisfaction of the lessee’s obligations to restore and revegetate the land.
4. Any right-of-way lease issued under AS 38.35 across land described in this section and within the exterior boundaries of Denali State Park must
   1. reserve to the state the interests necessary to provide for public access by foot, snow machine, dog sled, and other traditional means of access along and across the leased corridor;
   2. preserve, to the maximum extent practicable, the recreational, scenic, cultural, historical, and habitat values consistent with the leasehold’s location within the exterior boundaries of Denali State Park; and
   3. provide for termination of the lease if construction of the pipeline has not begun 10 years after the effective date of the lease.
5. AS 38.35.130 does not apply to land within the exterior boundaries of Denali State Park.
6. A natural gas pipeline right-of-way lease may not be issued across land described in this section unless the lease becomes effective before January 1, 2025.

Section 4: N1/2, SW1/4

Section 5: E1/2

Section 7: E1/2, SW1/4

Section 8

Section 9: NW1/4

Section 18: E1/2

Section 19: E1/2

Section 29: SW1/4

Section 30: E1/2

Section 31: E1/2

Section 32: W1/2;

Section 2: NW1/4

Section 3

Section 4: SE1/4

Section 8: E1/2

Section 9

Section 10: W1/2

Section 16: W1/2

Section 17: E1/2

Section 20: E1/2

Section 21: W1/2

Section 28

Section 33;

Section 1: NW1/4, N1/2NE1/4

Section 2

Section 3: SE1/4

Section 9: SE1/4

Section 10

Section 11: W1/2

Section 14: NW1/4

Section 15: N1/2

Section 16

Section 17: S1/2

Section 19: NE1/4, S1/2

Section 20: N1/2, SW1/4

Section 21: NW1/4

Section 30: N1/2;

Section 24: SE1/4

Section 25

Section 26: E1/2

Section 34: SE1/4

Section 35

Section 36: NW1/4;

Section 6: NW1/4;

Section 1: N1/2, SW1/4

Section 2

Section 3: SE1/4

Section 8: SE1/4

Section 9

Section 10: N1/2, SW1/4, N1/2SE1/4

Section 11: NW1/4

Section 16: N1/2

Section 17

Section 19: S1/2, NE1/4

Section 20: N1/2, SW1/4, N1/2SE1/4

Section 29: NW1/4

Section 30

Section 31: N1/2, SW1/4;

Section 25: SE1/4

Section 35: SE1/4

Section 36;

Section 16

Section 17: SE1/4

Section 20: NE1/4, S1/2, S1/2NW1/4

Section 21: W1/2

Section 29: N1/2, SW1/4

Section 30: S1/2, NE1/4

Section 31;

Section 36: S1/2.

History. (§ 2 ch 12 SLA 2015)

Effective dates. —

Section 2, ch. 12, SLA 2015, which enacted this section, took effect on August 9, 2015.

Sec. 41.21.160. Purpose of AS 41.21.160 — 41.21.167.

The purpose of AS 41.21.160 — 41.21.167 is to establish the state-owned land and water areas described in AS 41.21.161 as the Wood-Tikchik State Park. The primary purposes of creating the Wood-Tikchik State Park are to protect the area’s fish and wildlife breeding and support systems and to preserve the continued use of the area for subsistence and recreational activities. The state park is also created to protect the area’s recreational and scenic resources. AS 41.21.160 — 41.21.167 are intended to close the described land and water to multiple-purpose use in conformity with AS 38.05.300 and to dedicate it as a special purpose site in accordance with art. VIII, § 7 of the Constitution of the State of Alaska.

History. (§ 1 ch 86 SLA 1978)

Revisor’s notes. —

Formerly AS 41.20.460. Renumbered in 1983.

Administrative Code. —

For Wood-Tikchik state park, see 11 AAC 20, art. 5.

Sec. 41.21.161. Wood-Tikchik State Park established.

1. The state-owned or acquired land and water lying within the following parcel, containing approximately 1,428,320 acres, is designated as the Wood-Tikchik State Park: beginning at the SE corner of T7S, R54W, S.M., which is the true point of beginning; thence westerly to the NE corner of T8S, R58W, S.M.; thence southerly to the SE corner of T8S, R58W, S.M.; thence westerly to the SW corner of T8S, R58W, S.M.; thence northerly to the NW corner of T5S, R58W, S.M.; thence westerly to the SW corner of Section 34, T4S, R58W, S.M.; thence northerly to the NE corner of Section 4, T1S, R58W, S.M.; thence westerly to the SW corner of T1N, R57W, S.M.; thence northerly to the NW corner of T2N, R57W, S.M.; thence easterly to the NE corner of T2N, R57W, S.M.; thence northerly to the NW corner of T4N, R56W, S.M.; thence easterly to the SW corner of T5N, R55W, S.M.; thence northerly to the NW corner of T5N, R55W, S.M.; thence easterly to the NE corner of T5N, R55W, S.M.; thence southerly to the SE corner of T5N, R55W, S.M.; thence easterly to the NE corner of T4N, R54W, S.M.; thence southerly to the SE corner of T4N, R54W, S.M.; thence easterly to the NE corner of T3N, R53W, S.M.; thence southerly to the SE corner of T3N, R53W, S.M.; thence easterly to the NE corner of T2N, R52W, S.M.; thence southerly to the SW corner of T1N, R51W, S.M.; thence easterly to the NE corner of T1S, R52W, S.M.; thence southerly to the SE corner of T2S, R52W, S.M.; thence easterly to the NE corner of T3S, R51W, S.M.; thence southerly to the SE corner of T3S, R51W, S.M.; thence westerly to the NE corner of T4S, R53W, S.M.; thence southerly to the SE corner of T4S, R53W, S.M.; thence westerly to the NE corner of T5S, R54W, S.M.; thence southerly to the SE corner of T7S, R54W, S.M., which point is the true point of beginning.
2. All or part of the state-owned or acquired land and water within the following adjacent parcel, containing approximately 126,720 acres may be added to the Wood-Tikchik State Park by proclamation of the governor: beginning at the SE corner of T7S, R54W, S.M., which point is the true point of beginning; thence southerly to the SE corner of T8S, R54W, S.M.; thence westerly to the NE corner of T9S, R55W, S.M.; thence southerly to the SE corner of the NE quarter of T9S, R55W, S.M.; thence westerly to the SW corner of the NW quarter of T9S, R57W, S.M.; thence northerly to the NW corner of T9S, R57W, S.M.; thence westerly to the SE corner of T8S, R58W, S.M.; thence northerly to the NE corner of T8S, R58W, S.M.; thence easterly to the SE corner of T7S, R54W, S.M., which point is the true point of beginning.
3. Land lying within the parcels described in (a) or (b) of this section upon which there are valid entries or that is withdrawn for or selected by Native village or regional corporations under 43 U.S.C. 1610, 1611 and 1613 (P.L. 92-203, §§ 11, 12 and 14 of the Alaska Native Claims Settlement Act), is excepted from (a) and (b) of this section. However, if any land excepted under this subsection is subsequently relinquished to the state, it shall be included as part of the Wood-Tikchik State Park.

History. (§ 1 ch 86 SLA 1978)

Revisor’s notes. —

Formerly AS 41.20.470. Renumbered in 1983. In 1993, in the next to last clause of the legal description in (a) of this section, the designation of the range was changed from “R53W” to “R54W” to correct a manifest error in § 1, ch. 86, SLA 1978.

Administrative Code. —

For Wood-Tikchik state park, see 11 AAC 20, art. 5.

Sec. 41.21.162. Designation of management responsibility.

The land and water described in AS 41.21.161 is assigned to the department for control, maintenance, and development consistent with the purposes and provisions of this chapter. The Department of Fish and Game is responsible for the management of fish and game resources in the Wood-Tikchik State Park, consistent with the purposes and provisions of this chapter.

History. (§ 1 ch 86 SLA 1978)

Revisor’s notes. —

Formerly AS 41.20.480(a). Renumbered in 1983.

Administrative Code. —

For Wood-Tikchik state park, see 11 AAC 20, art. 5.

Sec. 41.21.163. Management Council created.

A seven-member Wood-Tikchik State Park Management Council is created and shall be appointed by the governor. Management council members may, subject to appropriations, receive the same per diem and travel expenses authorized for members of state boards. The governor shall appoint one member of the council from three nominations submitted to the governor by each of the following:

1. the village council of Koliganek;
2. the village council of New Stuyahok;
3. the village council of Aleknagik;
4. the city council of Dillingham;
5. the Bristol Bay Native Association, Inc.;
6. the commissioner of natural resources;
7. the commissioner of fish and game.

History. (§ 1 ch 86 SLA 1978)

Revisor’s notes. —

Formerly AS 41.20.480(b). Renumbered in 1983.

Cross references. —

For per diem and travel expenses, see AS 39.20.180 .

Sec. 41.21.164. Management plan.

The Wood-Tikchik State Park Management Council shall develop a management plan for the park with the advice and assistance of the department. The management plan shall be presented at a public meeting before approval and implementation.

History. (§ 1 ch 86 SLA 1978)

Revisor's notes. —

Formerly AS 41.20.480(c). Renumbered in 1983.

Cross references. —

For provision relating to amendment of the plan to conform with the 2019 amendment of AS 41.21.167 , see sec. 3, ch. 20, SLA 2019, in the 2019 Temporary and Special Acts.

Administrative Code. —

For Wood-Tikchik state park, see 11 AAC 20, art. 5.

Sec. 41.21.165. Regulations.

The department shall consult with Department of Fish and Game and the management council before adoption of regulations governing the public use of the park. The Department of Fish and Game shall consult with the department and the management council before adoption of regulations governing fish and wildlife management in the park. Regulations may not be adopted by either department without prior review at public hearings.

History. (§ 1 ch 86 SLA 1978)

Revisor’s notes. —

Formerly AS 41.20.480(d). Renumbered in 1983.

Administrative Code. —

For Wood-Tikchik state park, see 11 AAC 20, art. 5.

Sec. 41.21.166. Fish and wildlife breeding areas.

The fish and wildlife habitat breeding areas in the Wood-Tikchik State Park shall be managed to sustain the fish and wildlife resources of the park in perpetuity.

History. (§ 1 ch 86 SLA 1978)

Revisor’s notes. —

Formerly AS 41.20.480(e). Renumbered in 1983.

Sec. 41.21.167. Compatible and incompatible uses.

1. The land and water areas described in AS 41.21.161 are not open to mineral entry under AS 38.05.135 — 38.05.275 .
2. The regulations adopted under AS 41.21.165 shall recognize that the current practice of traditional subsistence and recreational activities includes the use of small outboard motors and snow machines.  Reasonable access by aircraft for recreational purposes shall be permitted.
3. Development and operation of a hydroelectric site at Lake Elva or Grant Lake is not considered an incompatible use.
4. Development and operation of campsites on or adjacent to major spawning and breeding areas are incompatible uses unless it can be shown by a preponderance of evidence that the fishery and wildlife habitat and breeding areas will not be adversely affected to a significant degree by the development and operation.
5. The development and operation of a hydroelectric site at the Nuyakuk River Falls is a compatible use if the development and operation
   1. does not include a dam that fully spans a river;
   2. maintains at least 70 percent of the daily upstream water flow of an affected river along the natural course of the river; and
   3. after July 1, 2024, is licensed by the Federal Energy Regulatory Commission.

History. (§ 1 ch 86 SLA 1978; am § 1 ch 20 SLA 2019)

Revisor’s notes. —

Formerly AS 41.20.490. Renumbered in 1983.

Administrative Code. —

For Wood-Tikchik state park, see 11 AAC 20, art. 5.

Effect of amendments. —

The 2019 amendment, effective August 17, 2019, added (e).

Sec. 41.21.170. Declaration of purpose.

1. The purpose of AS 41.21.170 — 41.21.178 is to establish, subject to valid existing rights, the state-owned or acquired land and water described in AS 41.21.172 as the Shuyak Island State Park. In accordance with the covenants and deed restrictions set by the Kodiak Island Borough that support the basic tenets of the Alaska lifestyle, the primary purpose of establishing the Shuyak Island State Park is to preserve, protect, and enhance traditional public access to and use of the area’s natural resources for various activities including sport and subsistence hunting, sport, subsistence, and commercial fishing, and trapping.
2. Under the provisions of AS 38.05.300 , state land, water, or land and water containing more than 640 acres may be closed to multiple purpose use only by act of the legislature. Because the area described in AS 41.21.172 exceeds 640 acres, AS 41.21.170 — 41.21.178 are intended to close the described land and water to multiple purpose use in conformity with AS 38.05.300 and to dedicate them as a special purpose site in accordance with art. VIII, § 7, Constitution of the State of Alaska.

History. (§ 1 ch 167 SLA 1984; am § 1 ch 28 SLA 1997)

Administrative Code. —

For Shuyak Island state park, see 11 AAC 20, art. 16.

Sec. 41.21.172. Designated state land and water.

The upland, shoreland, tideland, land underlying tidally influenced inland water, and water overlying this land, including both the surface and subsurface estate, owned or acquired by the state within the following described parcels are designated as the Shuyak Island State Park:

1. Township 17 South, Range 19 West, Seward Meridian
2. Township 17 South, Range 20 West, Seward Meridian
3. Township 18 South, Range 18 West, Seward Meridian
4. Township 18 South, Range 19 West, Seward Meridian
5. Township 18 South, Range 20 West, Seward Meridian
6. Township 18 South, Range 21 West, Seward Meridian
7. Township 19 South, Range 19 West, Seward Meridian
8. Township 19 South, Range 20 West, Seward Meridian
9. Township 19 South, Range 21 West, Seward Meridian
10. Township 20 South, Range 19 West, Seward Meridian
11. Township 20 South, Range 20 West, Seward Meridian

Section 18

Section 19

Section 30;

Section 24

Section 25;

Section 6

Section 7

Section 20

Section 28

Section 29;

Section 1

Section 2

Section 4

Section 5

Sections 7-36;

Section 2

Section 3

Sections 9-11

Sections 13-17

Sections 19-36;

Section 36;

Sections 1-24

Sections 26-34;

Sections 1-30

Section 32: N1/2

Sections 33-36;

Section 1

Sections 12-14

Section 24

Section 25;

Section 4

Section 5

Section 6: N1/2, N1/2S1/2;

Section 1: N1/2, N1/2S1/2

Section 2: N1/2

Section 3: N1/2.

History. (§ 1 ch 167 SLA 1984; am § 2 ch 28 SLA 1997)

Sec. 41.21.174. Designation of management responsibility.

1. The state land and water described in AS 41.21.172 are assigned to the department for control, maintenance, and development consistent with the purposes and provisions of AS 41.21.170 — 41.21.178 .
2. The Department of Fish and Game is responsible for the management of fish and game resources in the Shuyak Island State Park, consistent with the sustained yield principle and the purposes and provisions of this chapter. The Board of Fisheries, the Board of Game, and the commissioner of fish and game are responsible for adopting regulations governing uses of fish and game in accordance with AS 16. The fish and game habitat and breeding areas shall be managed to ensure that the fish and game resources of the park continue on a sustained yield basis. In managing the fish and game resources of the Shuyak Island State Park and adopting regulations governing uses of the fish and game, the Board of Fisheries, the Board of Game, or the commissioner of fish and game may not permanently close any fishing, hunting, or trapping within the park unless the closure is implemented because of a biological emergency. A closure implemented because of a biological emergency (1) may continue in effect only as long as the biological emergency continues to exist, and (2) must be reevaluated on a regular basis, not less than annually, to justify that the closure continues to be necessary.
3. The department shall consult with the Department of Fish and Game before adoption of regulations governing public use of the Shuyak Island State Park.
4. The Department of Fish and Game shall consult with the department before adoption of regulations governing fish and game management in Shuyak Island State Park.
5. The regulations established under this section shall be adopted in accordance with AS 44.62 (Administrative Procedure Act).
6. The commissioner shall permit reasonable camping within the Shuyak Island State Park on an extended basis on request.
7. Nothing in AS 41.21.170 — 41.21.178 prohibits the Department of Fish and Game from engaging in rehabilitation, enhancement, and development of fish and game habitat under AS 16.05 on land and water within the Shuyak Island State Park.
8. The Department of Public Safety and the Department of Fish and Game shall have necessary access for fish and game management, research, and enforcement purposes.

History. (§ 1 ch 167 SLA 1984; am §§ 3 — 5 ch 28 SLA 1997)

Administrative Code. —

For Shuyak Island state park, see 11 AAC 20, art. 16.

Editor’s notes. —

Section 3, ch. 167, SLA 1984, provides: “Subject to the availability of funds, the Department of Natural Resources shall construct public use cabins within the Shuyak Island State Park.”

Section 4, ch. 167, SLA 1984, provides: “The commissioner of natural resources shall identify the boundaries of the Shuyak Island State Park by posting each inland boundary described in AS 41.21.172 as enacted in sec. 1 of this Act or as added under sec. 2 of this Act at its beginning and its end and not less often than each one-eighth of a mile.”

Sec. 41.21.176. Incompatible uses; access.

1. Except as provided in this section, the commissioner may designate by regulation incompatible uses within the land and water of the Shuyak Island State Park.
2. Possession and use of a weapon in the Shuyak Island State Park shall be allowed at all times and use of the weapon may be restricted only under extraordinary circumstances and only in such areas where public safety is threatened.
3. The commissioner may not restrict lawful sport, subsistence, or commercial fishing, sport or subsistence hunting, or trapping permitted under law or under a regulation of the Board of Fisheries or the Board of Game within the Shuyak Island State Park.
4. The commissioner shall allow traditional access to
   1. Shuyak Island State Park for recreational purposes and for lawful sport, subsistence, and commercial fishing, sport and subsistence hunting, and trapping;
   2. private land within the park.
5. If the commissioner determines that a use is incompatible with one or more other uses in a portion of the Shuyak Island State Park, the commissioner shall state
   1. each determination of incompatibility;
   2. the specific area where the incompatibility is determined to exist;
   3. the time within which the incompatibility is determined to exist; and
   4. the reasons for each determination of incompatibility.

History. (§ 1 ch 167 SLA 1984; am §§ 6, 7 ch 28 SLA 1997)

Administrative Code. —

For Shuyak Island state park, see 11 AAC 20, art. 16.

Sec. 41.21.178. Additions to park.

Land and water outside of the boundaries established in AS 41.21.172 may be added to the Shuyak Island State Park only by an act of the legislature. The commissioner may not acquire land and water within the boundaries of the Shuyak Island State Park by eminent domain.

History. (§ 1 ch 167 SLA 1984; am § 8 ch 28 SLA 1997)

Revisor’s notes. —

Under § 2(b), ch. 167, SLA 1984, the following land has been added to Shuyak Island State Park: T18S, R20W, S.M.: Secs. 26 and 34 — 36; T18S, R19W, S.M.: Sec. 31. Under § 2(d), ch. 167, SLA 1984, the following land has been added to Shuyak Island State Park: T19S, R20W, S.M.: Sec. 8, SE1/4, SE1/4, SE1/4, and Sec. 9.

Sec. 41.21.180. Purpose of AS 41.21.180 — 41.21.183.

1. The purpose of AS 41.21.180 — 41.21.183 is to establish, subject to valid existing rights, the state-owned or acquired land described in AS 41.21.181 as the Point Bridget State Park. The primary purposes of establishing the Point Bridget State Park are to protect the area’s recreational and scenic resources and to preserve and enhance the continued use of the area for hunting and fishing and recreational activities.
2. The legislature recognizes the rights of the owners of the private land that adjoin the Point Bridget State Park established in AS 41.21.180 — 41.21.183 . The legislature further recognizes the value of the services provided by the owners of the adjacent land to the residents of the state. The establishment of the park will not impair the use of the private land by the owners of the private land or the right of a riparian owner of private land to seek title to accreted land.

History. (§ 1 ch 23 SLA 1988)

Sec. 41.21.181. Point Bridget State Park established.

The state-owned land and water within the following described parcels and any land acquired by the state under AS 41.21.182 are established as the Point Bridget State Park:

All state land lying within the following unsurveyed sections:

Township 37 South, Range 63 East, Copper River Meridian

Section 10: E1/2

Section 11: excluding Native Allotment A-061005

Section 12: W1/2, excluding USS 2925, Interim Conveyance 408, and Native Allotment A-061005

Section 13: W1/2 and W1/2E1/2, excluding USS 1154, USS 1157, and Interim Conveyance 408

Section 14

Section 15: E1/2

Section 23: N1/2

Section 24: NE1/4, excluding Interim Conveyance 408 and the Glacier Highway right-of-way.

History. (§ 1 ch 23 SLA 1988)

Revisor’s notes. —

Enacted as AS 41.21.182 . Renumbered in 1988.

Sec. 41.21.182. Purchase or exchange authorized.

If requested by an owner of land, the department may purchase or enter into an exchange under AS 38.50 if the purchase or exchange will improve access to the park, consolidate the ownership of land, or otherwise enhance the purposes of the park as expressed in AS 41.21.180 . Land acquired by the department under this subsection becomes a part of the Point Bridget State Park.

History. (§ 1 ch 23 SLA 1988)

Revisor’s notes. —

Enacted as AS 41.21.180(c). Renumbered in 1988.

Sec. 41.21.183. Designation of management responsibility.

1. The state-owned land and water described in AS 41.21.181 is assigned to the department for control, maintenance, and development consistent with the purposes and provisions of AS 41.21.180 — 41.21.183 .
2. The Department of Fish and Game is responsible for the management of fish and game resources in the Point Bridget State Park, consistent with the sustained-yield principle and the purposes and provisions of this chapter. The Board of Fisheries, the Board of Game, and the commissioner of fish and game are responsible for adopting regulations governing uses of fish and game under AS 16. The fish and game habitat and breeding areas shall be managed to ensure that the fish and game resources of the park continue on a sustained-yield basis.
3. The department shall consult with the Department of Fish and Game before adoption of regulations governing public use of the Point Bridget State Park.
4. The Department of Fish and Game shall consult with the department before adoption of regulations governing fish and game management in the Point Bridget State Park.

History. (§ 1 ch 23 SLA 1988)

Revisor’s notes. —

Enacted as AS 41.21.184. Renumbered in 1988.

Administrative Code. —

For Chilkat state park and Point Bridget state park, see 11 AAC 20, art. 12.

For special provisions, see 11 AAC 20, art. 18.

Sec. 41.21.185. Purpose of AS 41.21.185 — 41.21.189.

1. The purpose of AS 41.21.185 — 41.21.189 is to establish, subject to valid existing rights including those rights created by the Afognak Island Road Use Agreement executed on July 24, 1991, and as amended from time to time, the state-owned or acquired land and water described in AS 41.21.186 as the Afognak Island State Park. The primary purposes of establishing the Afognak Island State Park are to protect the area’s recreational and scenic resources; to protect the area’s fish and wildlife habitat; to preserve and enhance the continued use of the area for sport and subsistence hunting and fishing, personal use fishing, trapping, recreational activities, and commercial fishing; and to restore and enhance resources and services injured by the Exxon Valdez oil spill.
2. Under the provisions of AS 38.05.300 , state land, water, or land and water containing more than 640 acres may be closed to multiple purpose use only by act of the legislature. Because the area described in AS 41.21.186 exceeds 640 acres, AS 41.21.185 — 41.21.189 are intended to close the described land and water to multiple purpose use in conformity with AS 38.05.300 and to dedicate them as a special purpose site in accordance with art. VIII, sec. 7, Constitution of the State of Alaska.
3. The legislature recognizes the rights of the owners of the private land that adjoins the Afognak Island State Park established in AS 41.21.185 — 41.21.189 . The status of the land as a park will not impair the uses to which private land that adjoins the park may be put in the future.

History. (§ 1 ch 66 SLA 1994)

Administrative Code. —

For Afognak Island state park, see 11 AAC 20, art. 13.

Sec. 41.21.186. Afognak Island State Park established.

The upland, shoreland, tideland, land underlying tidally influenced inland water, and water overlying this land, including both the surface and subsurface estate, owned or acquired by the state within the following described parcels are established as the Afognak Island State Park:

1. Township 21 South, Range 16 West, Seward Meridian according to the United States of America, Department of the Interior, Bureau of Land Management plat accepted December 6, 1989, and filed December 22, 1989
2. Township 22 South, Range 16 West, Seward Meridian according to the United States of America, Department of the Interior, Bureau of Land Management plat accepted December 6, 1989, and filed December 22, 1989
3. Township 20 South, Range 17 West, Seward Meridian according to the United States of America, Department of the Interior, Bureau of Land Management plat accepted December 6, 1989, and filed December 22, 1989
4. Township 21 South, Range 17 West, Seward Meridian according to the United States of America, Department of the Interior, Bureau of Land Management plat accepted December 6, 1989, and filed December 22, 1989
5. Township 22 South, Range 17 West, Seward Meridian according to the United States of America, Department of the Interior, Bureau of Land Management plat accepted December 6, 1989, and filed December 22, 1989
6. All of Township 23 South, Range 17 West, Seward Meridian according to the United States of America, Department of the Interior, Bureau of Land Management plat accepted December 6, 1989, and filed December 22, 1989; and the supplemental plat for Section 3 accepted April 11, 1990, and filed April 19, 1990, and the supplemental plat for Section 19 accepted November 9, 1990, and filed November 23, 1990;
7. Township 21 South, Range 18 West, Seward Meridian according to the United States of America, Department of the Interior, Bureau of Land Management plat accepted December 6, 1989, and filed December 22, 1989
8. Township 22 South, Range 18 West, Seward Meridian according to the United States of America, Department of the Interior, Bureau of Land Management plat accepted December 6, 1989, and filed December 22, 1989
9. Township 23 South, Range 18 West, Seward Meridian according to the United States of America, Department of the Interior, Bureau of Land Management plat accepted December 6, 1989, and filed December 22, 1989
10. Township 21 South, Range 19 West, Seward Meridian according to the United States of America, Department of the Interior, Bureau of Land Management plat accepted December 6, 1989, and filed December 22, 1989
11. All of Alaska Tideland Survey No. 1474.

Section 19: Lots 1 — 3

Sections 30 — 31: (fractional) all;

Section 6: (fractional) all

Section 7: Lots 1 — 2

Sections 18 — 19: (fractional) all

Section 31: (fractional) all;

Section 32: (fractional) all;

Sections 6 — 8: (fractional) all

Section 13: (fractional) all

Section 17: (fractional) all

Section 18: all

Sections 19 — 20: (fractional) all

Sections 23 — 24: (fractional) all

Section 25: all

Section 26: (fractional) all

Sections 29 — 31: (fractional) all

Sections 33 — 35: (fractional) all

Section 36: all;

Section 1: all

Sections 2 — 5: (fractional) all

Sections 8 — 9: (fractional) all

Section 11: all

Section 12: (fractional) all

Sections 13 — 14: all

Section 17: (fractional) all

Sections 19 — 20: (fractional) all

Section 23: all

Sections 24 — 25: (fractional) all

Sections 26 — 29: all

Sections 30 — 31: (fractional) all

Sections 32 — 35: all

Section 36: (fractional) all;

Section 1: Lots 1 — 3

Sections 11 — 12: (fractional) all

Section 13: all

Section 14: (fractional) all

Section 15: Lots 1 and 2

Section 16: Lots 1 and 2

Section 17: Lot 1, excepting the property described as follows:

Commencing at the monument set for the northwest corner of Section 6, Township 21 South, Range 18 West, Seward Meridian, proceed South a distance of 10,560 feet along the westerly boundaries of Sections 6 and 7; thence proceed East along the section line common to Sections 7 and 18 a distance of 4,999 feet, more or less, to the protracted section corner common to Sections 7, 8, 17, and 18, said corner being the True Point of Beginning; thence continuing East a distance of 1,320 feet along the north boundary of Lot 1 of Section 17; thence South a distance of 2,640 feet; thence West a distance of 1,320 feet, more or less, to the westerly boundary of Lot 1 of Section 17; thence North a distance of 2,640 feet, more or less, along the westerly boundary of said Lot 1 of Section 17 to the True Point of Beginning; the foregoing exception having an area of 80 acres, more or les

Section 17: Lot 2: all

Sections 20 — 22: (fractional) all

Sections 23 — 29: all

Sections 31 — 36: all;

Section 36: Lot 2;

Section 1: Lot 1

Section 12: Lot 1

Section 13: Lots 1, 2, and 3

Sections 24 — 25: (fractional) all;

Sections 35 — 36: all

All of plat no. 93-40 within portions of Sections 26, 27, and 34, as filed in the Kodiak Recording District October 19, 1993;

History. (§ 1 ch 66 SLA 1994)

Sec. 41.21.187. Designation of management responsibility.

1. The state land and water described in AS 41.21.186 is assigned to the department as a unit of the state park system for control, maintenance, and development consistent with the purposes and provisions of AS 41.21.185 — 41.21.189 .
2. The Department of Fish and Game is responsible for the management of fish and game resources in the Afognak Island State Park, consistent with the sustained yield principle and the purposes and provisions of this chapter. The Board of Fisheries, the Board of Game, and the commissioner of fish and game are responsible for adopting regulations governing uses of fish and game in accordance with AS 16. The fish and game habitat and breeding areas shall be managed to ensure that the fish and game resources of the park and habitat are maintained or enhanced.
3. The Department of Natural Resources shall consult with the Department of Fish and Game before adoption of regulations governing public use of the Afognak Island State Park.
4. The Board of Fisheries, the Board of Game, and the commissioner of fish and game shall consult with the Department of Natural Resources before adoption of regulations governing fish and game use in the Afognak Island State Park.
5. Regulations under this section shall be adopted under AS 44.62 (Administrative Procedure Act).
6. The Department of Public Safety and the Department of Fish and Game shall have necessary access to the Afognak Island State Park for fish and game management, research, and enforcement purposes.

History. (§ 1 ch 66 SLA 1994)

Sec. 41.21.188. Incompatible uses.

1. The commissioner may designate by regulation incompatible uses within the land and water of the Afognak Island State Park.
2. Lawful use of a weapon in the Afognak Island State Park shall be allowed except in areas that may be closed for purposes of public safety by regulation by the commissioner.
3. The regulations governing public use of the Afognak Island State Park must provide reasonable access for lawful sport and subsistence hunting and fishing, personal use fishing, trapping, recreational uses, and commercial fishing. Except to protect public safety, the commissioner may not restrict the exercise of sport or subsistence hunting or fishing, personal use fishing, trapping, or commercial fishing permitted under law or under a regulation of the Board of Fisheries or the Board of Game within the Afognak Island State Park.
4. The commissioner may not designate as an incompatible use a use permitted by the Afognak Island Road Use Agreement executed on July 24, 1991, as amended.

History. (§ 1 ch 66 SLA 1994)

Administrative Code. —

For Afognak Island state park, see 11 AAC 20, art. 13.

Sec. 41.21.189. Additions to park.

Land and water outside of the boundaries established under AS 41.21.186 may be added to the Afognak Island State Park only by an act of the legislature. The commissioner may acquire land and water within the boundaries of the Afognak Island State Park except by eminent domain.

History. (§ 1 ch 66 SLA 1994)

Sec. 41.21.190. Purpose of AS 41.21.190 — 41.21.194.

The purpose of AS 41.21.190 — 41.21.194 is to establish, subject to valid existing rights, the state-owned or acquired land and water described in AS 41.21.191 as the Fort Rousseau Causeway State Historical Park. The primary purposes of establishing the land and water areas described in AS 41.21.191 as the Fort Rousseau Causeway State Historical Park are to promote, support, and preserve public use by maintaining and protecting the area’s fish and wildlife habitat, cultural resources, and scenic values.

History. (§ 2 ch 10 SLA 2008)

Cross references. —

For legislative findings in connection with the enactment of AS 41.21.190 — 41.21.194 , see § 1, ch. 10, SLA 2008, in the 2008 Temporary and Special Acts.

Sec. 41.21.191. Fort Rousseau Causeway State Historical Park established.

Except for upland, shoreland, tideland, and water overlying the land lying northeasterly of a line running parallel to and 1100 feet offset southwesterly from the runway centerline of the Sitka Airport, the upland, shoreland, tideland, and water overlying the land owned or acquired by the state within the following described parcels are established as the Fort Rousseau Causeway State Historical Park:

Township 56 South, Range 63 East, Copper River Meridian, described as:

The following lots located within United States Survey 3926:

Section 2: That portion of Lot 86 within Section 2

That portion of Lot 86A within Section 2

That portion of Lot 90 within Section 2

Lot 91

Lot 92

Section 3: E1/2SE1/4NW1/4NE1/4NW1/4

E1/2NE1/4SW1/4NE1/4NW1/4

NW1/4SE1/4NE1/4NW1/4

SW1/4NE1/4NE1/4NW1/4

Lot 74

Lot 75

Lot 75A

Lot 76

That portion of Lot 77 within Section 3

Lot 78

Lot 78A

Lot 79

Lot 80

Lot 80A

Lot 81

Lot 81A

Lot 82

Lot 82A

That portion of Lot 83 within Section 3

Lot 84

Lot 84A

Lot 85

Lot 85A

That portion of Lot 86 within Section 3

That portion of Lot 86A within Section 3

Lot 87

Lot 88

Lot 89

That portion of Lot 90 within Section 3

Section 4: That portion of Lot 77 within Section 4

That portion of Lot 83 within Section 4.

History. (§ 2 ch 10 SLA 2008; am § 1 ch 3 SLA 2010)

Effect of amendments. —

The 2010 amendment, effective March 31, 2010, in the introductory language, added, “Except for upland, shoreland, tideland, and water overlying the land lying northeasterly of a line running parallel to and 1100 feet offset southwesterly from the runway centerline of the Sitka Airport,”.

Sec. 41.21.192. Designation of management responsibility.

The state-owned land and water described in AS 41.21.191 is assigned to the department for control, maintenance, and development consistent with the purposes and provisions of AS 41.21.190 — 41.21.194 .

History. (§ 2 ch 10 SLA 2008)

Sec. 41.21.193. Incompatible uses.

The commissioner may designate by regulation incompatible uses within the land and water of the Fort Rousseau Causeway State Historical Park.

History. (§ 2 ch 10 SLA 2008)

Sec. 41.21.194. Additions to park.

Land and water outside of the boundaries established under AS 41.21.191 may be added to the Fort Rousseau Causeway State Historical Park only by an act of the legislature.

History. (§ 2 ch 10 SLA 2008)

Sec. 41.21.300. Declaration of purpose.

1. The purpose of AS 41.21.300 — 41.21.306 is to establish, subject to valid existing rights, the state-owned or acquired land and water described in AS 41.21.304 as marine park units of the Alaska state park system.  The primary purposes in establishing the land and water areas described in AS 41.21.304 as marine park units of the Alaska state park system are to
   1. maintain natural, cultural, and scenic values;
   2. maintain fish and wildlife resources and lawful existing uses of these resources;
   3. promote and support recreation and tourism in the state.
2. The land and water described in AS 41.21.304 is dedicated as special purpose sites under art. VIII, § 7 of the state constitution.

History. (§ 1 ch 64 SLA 1983)

Revisor’s notes. —

Enacted as AS 41.20.530. Renumbered in 1983.

Cross references. —

For legislative findings and statement of purpose for management of marine parks, see § 1, ch. 52, SLA 2008, in the 2008 Temporary and Special Acts.

Administrative Code. —

For Alaska marine parks, see 11 AAC 20, art. 14.

Sec. 41.21.302. Management of marine parks.

1. The state land and water described in AS 41.21.304 is assigned to the department for control, maintenance, and development consistent with the purposes and provisions of AS 41.21.300 — 41.21.306 .
2. The Department of Fish and Game is responsible for the management of fish and game resources on the state land and water described in AS 41.21.304 consistent with the purposes of AS 41.21.300 — 41.21.306 .  The Department of Fish and Game shall give written notice to and consult with the department before adoption of regulations governing fish and game management in a marine park unit of the Alaska state park system.
3. The department shall develop a management plan for each marine park unit of the Alaska state park system to determine the specific purposes and uses for the unit.  The commissioner shall give written notice and consult with the Department of Fish and Game, proximately located municipalities of the state, proximately located private landowners, the United States Forest Service, organizations concerned with conservation, recreation, and tourism, and other interested parties during the preparation of a management plan for a marine park unit of the Alaska state park system.  A management plan required under this subsection shall be completed by June 14, 1995, for each marine park unit established before June 14, 1990, and within five years of the establishment of the unit for units established after June 13, 1990.
4. The commissioner may not prohibit fishing, hunting, or trapping within a marine park unit of the Alaska state park system. The commissioner may not restrict the exercise of fishing, hunting, or trapping rights permitted under law or under a regulation of the Board of Fisheries or the Board of Game within a marine park unit of the Alaska state park system.
5. The commissioner shall allow the development of aquaculture facilities within a marine park unit of the Alaska state park system under terms and conditions that ensure that the development is compatible with AS 41.21.300 — 41.21.306 .
6. The commissioner may enter into a cooperative agreement for
   1. the management of a marine park unit of the Alaska state park system with a federal agency, a municipality of the state, or a proximately located private landowner for a purpose stated under AS 41.21.020(a)(7) ; or
   2. the management of proximately located federal, municipal, or private land as part of a marine park unit of the Alaska state park system.
7. In the management of a marine park unit of the Alaska state park system the commissioner shall consult and cooperate with a Native corporation that owns an historical or cultural site granted under 43 U.S.C. 1613(h)(1) (sec. 14(h)(1) of the Alaska Native Claims Settlement Act) and that is proximately located to a marine park unit of the Alaska state park system.  In the management of a marine park unit of the Alaska state park system the commissioner shall address the potential conflicts with the cultural and historical values of land granted to a Native corporation under 43 U.S.C. 1613(h)(1) (sec. 14(h)(1) of the Alaska Native Claims Settlement Act) and shall provide for appropriate protection to these values.
8. Nothing in AS 41.21.300 — 41.21.306 precludes the use of or access to land proximately located to a marine park unit of the Alaska state park system or to mineral claims and leases. The commissioner shall permit adequate and feasible access across state land within a marine park unit of the Alaska state park system to and from private and public land within or outside a unit.  In the granting of such access the commissioner may adopt reasonable regulations to protect the natural and other values of the marine park unit land and water.
9. The commissioner may enter into a concession contract under AS 41.21.027 and AS 36 to provide services or construct facilities in a marine park unit of the Alaska state park system.

History. (§ 1 ch 64 SLA 1983; am § 1 ch 67 SLA 1986; am §§ 1, 2 ch 14 SLA 1990; am § 13 ch 168 SLA 1990; am § 2 ch 52 SLA 2008)

Revisor’s notes. —

Enacted as AS 41.20.532. Renumbered in 1983.

Administrative Code. —

For Alaska marine parks, see 11 AAC 20, art. 14.

Sec. 41.21.304. Designated land and water.

The state-owned land and water and that land and water acquired by the state in the future lying within the following described parcels are designated as marine park units of the Alaska state park system:

1. Bettles Bay
2. Oliver Inlet
3. Sawmill Bay
4. Shoup Bay
5. South Esther Island
6. Surprise Cove
7. Chilkat Islands
8. Ziegler Cove
9. Horseshoe Bay
10. Sullivan Island
11. Shelter Island: the following described parcels excluding submerged land seaward of the 10 fathom bathymetric line:
12. Saint James Bay
13. Taku Harbor
14. Funter Bay
    1. Section 1: Lot 1
    2. Sections 1 and 12: The following described tracts, excluding U.S. Surveys Nos. 2448 and 3149:
       1. Beginning at Corner No. 4, Lone Star Lode claim, U.S. Mineral Survey No. (M.S.) 1492 proceed N. 70 degrees 00 feet E. along the north boundary of said claim a distance of 359.15 feet more or less to Corner No. 3, Otter Lode claim, M.S. 1492; thence N. 5 degrees 50 feet E. a distance of 666.60 feet more or less along the west boundary of the Otter Lode claim to Corner No. 4 of said claim; thence N. 70 degrees 00 feet E. a distance of 1,500.00 feet more or less along the north boundary of the Otter Lode claim, M.S. 1492 to Corner No. 1 of said claim, said Corner being common to Corner No. 2, Mill Site claim, M.S. 2191; thence N. 5 degrees 27 feet W. to an intersect with the southwest boundary of ISH NIC claim, M.S. 2191; thence N. 44 degrees 00 feet W. along said boundary to Corner No. 4 of ISH NIC claim; thence N. 46 degrees 00 feet E. along the northwest boundary of ISH NIC claim a distance of 321.62 feet more or less to Corner No. 3 of Beach No. 4 claim, M.S. 2191, common with Corner No. 2 of Beach No. 1 claim, M.S. 2191; thence N. 44 degrees 00 feet W. along the southwest boundary of Beach No. 4 claim a distance of 600.00 feet more or less to Corner No. 4 of Beach No. 4 claim; thence N. 46 degrees 00 feet E. along the northwest boundary of Beach No. 4 claim a distance of 1,099.47 feet more or less to Corner No. 1 of Beach No. 4 claim, common with Corner No. 1 of Beach No. 5 claim, M.S. 2191; thence N. 44 degrees 00 feet W. along the southwest boundaries of Beach No’s. 6 and 7 claims, M.S. 2191 a distance of 1,200.00 feet more or less to Corner No. 1 of Beach No. 7 claim; thence N. 46 degrees 00 feet E. along the northwest boundary of Beach No. 7 claim a distance of 135.10 feet more or less to Corner No. 4 U.S. Survey No. (U.S.S.) 3149; thence continue N. 46 degrees 00 feet E. along the northwest boundaries of Beach No’s. 7 and 8 claims, M.S. 2191 a distance of 2,864.90 feet more or less to Corner No. 2, Beach No. 8 claim; thence due west a distance of 3,300 feet more or less to an intersection of a line projected due north from Meander Corner (M.C.) No. 3, U.S.S. 2448; thence due south a distance of 1,214 feet more or less to M.C. No. 3, U.S.S. 2448; thence meander along the mean high water line of the northeast shore of Funter Bay in a southwesterly, easterly, southeasterly, southwesterly direction a distance of 1.11 miles more or less to a point lying S. 70 degrees 00 feet W. from Corner No. 4, Lone Star Lode claim, M.S. 1492 on the mean high water line of the easterly shore of Funter Bay; thence N. 70 degrees 00 feet E. to Corner No. 4, Lone Star Lode claim; the point of beginning.
       2. That portion of Mill Site, Mineral Survey (M.S.) No. 2191, described as follows: beginning at Corner No. 1, Mill Site, on line 2-3, Beach No. 1, M.S. 2191, thence S. 5 degrees 27 feet E., 57.26 feet, to the intersection of line 1-4, ISH NIC, M.S. 2191; thence S. 46 degrees 00 feet W., 264.36 feet, along a portion of line 1-4, of ISH NIC, to Corner No. 4, ISH NIC, M.S. 2191; thence S. 44 degrees 00 feet E., 331.75 feet, along a portion of line 4-3 of ISH NIC, to the intersection of line 1-2, Mill Site; thence S. 5 degrees 27 feet E., 137.55 feet, along a portion of line 1-2 of Mill Site, to Corner No. 2, Mill Site, identical to Corner No. 1 of Otter, M.S. 1492; thence S. 70 degrees 00 feet W., 1,500.00 feet, on line 2-3, Mill Site, identical to line 1-4 of Otter, M.S. 1492, to Corner No. 3, Mill Site, M.S. 2191, identical to Corner No. 4 of Otter, M.S. 1492; thence N. 5 degrees 27 feet W., 497.70 feet, on line 3-4, along the mean-high tide line of Funter Bay, to Corner No. 4, Mill Site; thence N. 30 degrees 07 feet E., 183.08 feet, on line 4-5, along the mean-high tide line of Funter Bay, to Corner No. 5, Mill Site, identical to Corner No. 3, Beach No. 1, M.S. 2191; thence N. 70 degrees 00 feet E., 1,390.00 feet, on line 5-1, Mill Site, identical to a portion of line 3-2, Beach No. 1, to Corner No. 1, the point of beginning.
       3. That portion of Beach No. 1, Mineral Survey (M.S.) No. 2191, described as follows: beginning at Corner No. 2, Beach No. 1, identical with Corner No. 3, Beach No. 4, M.S. 2191, on line 4-1 of ISH NIC, M.S. 2191, thence S. 70 degrees 00 feet W., 1,500.00 feet on line 2-3, Beach No. 1, identical to a portion of line 1-5, Mill Site, M.S. 2191, to Corner No. 3, Beach No. 1, identical to Corner No. 5, Mill Site; thence N. 12 degrees 43 feet E., 460.00 feet, along the mean-high tide line of Funter Bay to Corner No. 4, Beach No. 1; thence N. 47 degrees 23 feet E., 157.50 feet, along the mean-high tide line of Funter Bay, to Corner No. 5, Beach No. 1; thence N. 14 degrees 02 feet E., 183.33 feet, along the mean-high tide line of Funter Bay, to Corner No. 6, Beach No. 1, identical to Corner No. 4, Beach No. 2, M.S. 2191; thence N. 70 degrees 00 feet E., 874.74 feet, on line 6-1, Beach No. 1, identical to a portion of line 4-3 of Beach No. 2, to the intersection of line 4-1, Beach No. 4, M.S. 2191; thence S. 46 degrees 00 feet W., 126.34 feet, along a portion of line 4-1 of Beach No. 4, to Corner No. 4, Beach No. 4; thence S. 44 degrees 00 feet E., 600.00 feet, on line 4-3, Beach No. 4, to Corner No. 3, Beach No. 4, identical to Corner No. 2, Beach No. 1, the point of beginning.
       4. That portion of Beach No. 2, Mineral Survey (M.S.) No. 2191, described as follows: beginning at the true point for Corner No. 1, Beach No. 2, thence N. 70 degrees 00 feet E., 1,197.45 feet, along a portion of line 1-2 of Beach No. 2, to the intersection of line 1-4 of Beach No. 6, M.S. 2191; thence S. 44 degrees 00 feet E., 223.40 feet, along a portion of line 1-4 of Beach No. 6, to Corner No. 4, Beach No. 6, identical with Corner No. 1, Beach No. 5, M.S. 2191; thence S. 46 degrees 00 feet W., 973.13 feet, along a portion of line 1-4 of Beach No. 4, to the intersection of line 3-4 of Beach No. 2; thence S. 70 degrees 00 feet W., 874.74 feet, along a portion of line 3-4 of Beach No. 2, to Corner No. 4, Beach No. 2, identical with Corner No. 6, Beach No. 1; thence N. 14 degrees 03 feet E., 478.00 feet, along the mean-high tide line of Funter Bay, to Corner No. 5, Beach No. 2; thence N. 25 degrees 33 feet E., 291.00 feet, along the mean-high tide line of Funter Bay, to Corner No. 1, Beach No. 2, the point of beginning.
       5. That portion of Beach No. 3, Mineral Survey (M.S.) No. 2191, described as follows: beginning at Corner No. 1, Beach No. 3, thence N. 70 degrees 00 feet E., 637.07 feet, along a portion of line 1-2, to the intersection of line 1-4, Beach No. 7, M.S. 2191; thence S. 44 degrees 00 feet E., 279.27 feet, along a portion of line 1-4 of Beach No. 7, to Corner No. 4, Beach No. 7, identical to Corner No. 1, Beach No. 6, M.S. 2191, thence continue S. 44 degrees 00 feet E., 376.60 feet, along a portion of line 1-4 of Beach No. 6, to the intersection of line 3-4, Beach No. 3; thence S. 70 degrees 00 feet W., 1,139.45 feet, along a portion of line 3-4 of Beach No. 3, to Corner No. 4, Beach No. 3; thence N. 1 degree 30 feet E., 644.00 feet, along the mean-high tide line of Funter Bay, on line 4-1, to Corner No. 1, Beach No. 3, to point of beginning. Containing 12.22 acres.
15. Joe Mace Island
16. Thoms Place
17. Beecher Pass
18. Dall Bay
19. Security Bay
20. Boswell Bay Beaches
21. Canoe Passage
22. Decision Point
23. Driftwood Bay
24. Entry Cove
25. Granite Bay
26. Kayak Island
27. Jack Bay
28. Safety Cove
29. Sandspit Point
30. Sunny Cove
31. Thumb Cove
32. Magoun Islands
33. Big Bear/Baby Bear Bays
34. Juneau Area Islands: Aaron, Battleship, Benjamin, Bird, Coghlan, Cohen, Gull, Indian, Lincoln, Little, North, Portland, Ralston, and Suedla Islands: the following described parcels excluding submerged land seaward of the 10 fathom bathymetric line:

Township 10 North, Range 6 East, Seward Meridian

Section 12: S1/2 SW1/4, SW1/4 SE1/4

Section 13: NW1/4, W1/2 NE1/4, N1/2 SW1/4, NW1/4 SE1/4

Section 14: N1/2 SE1/4, S1/2 NE1/4, NE1/4 NE1/4;

Township 43 South, Range 68 East, Copper River Meridian

Section 28: SW1/4

Section 32: E1/2 E1/2

Section 33: NW1/4, W1/2 SW1/4;

Township 9 South, Range 9 West, Copper River Meridian

Section 22: E1/2 SE1/4, SW1/4 SE1/4

Section 23: SW1/4, S1/2 NW1/4, NE1/4 NW1/4, W1/2 NE1/4

Section 26: W1/2

Section 27: E1/2, S1/2 SW1/4

Section 28: E1/2 SE1/4

Section 33: NE1/4 NE1/4

Section 34: N1/2, SE1/4, N1/2 SW1/4, SE1/4 SW1/4

Section 35: W1/2

Township 10 South, Range 9 West, Copper River Meridian

Section 3: N1/2 NE1/4;

Township 8 South, Range 7 West, Copper River Meridian

Section 30: W1/2 W1/2

Section 31: W1/2 W1/2

Township 8 South, Range 8 West, Copper River Meridian

Section 25: All

Section 26: All

Section 27: E1/2

Section 34: E1/2

Section 35: All

Section 36: All

Township 9 South, Range 8 West, Copper River Meridian

Section 1: N1/2 NW1/4

Section 2: N1/2

Section 3: All;

Township 8 North, Range 8 East, Seward Meridian

Section 3: W1/2, W1/2 SE1/4, SW1/4 NE1/4

Section 4: E1/2 E1/2, SW1/4 SE1/4

Section 5: E1/2 SW1/4, SW1/4 SW1/4, SE1/4 NW1/4

Section 6: E1/2 SW1/4, S1/2 SE1/4, NW1/4 SE1/4

Section 7: N1/2 NE1/4, SE1/4 NE1/4

Section 8: E1/2, NW1/4, N1/2 SW1/4, SE1/4 SW1/4

Section 9: All

Section 10: N1/2 NW1/4, SW1/4 NW1/4

Section 16: N1/2

Section 17: NE1/4, E1/2 NW1/4

Township 9 North, Range 8 East, Seward Meridian

Section 33: S1/2 NW1/4, SW1/4 NE1/4, E1/2 SW1/4, W1/2 SE1/4;

Township 8 North, Range 6 East, Seward Meridian

Section 21: SE1/4, E1/2 SW1/4

Section 22: SE1/4, S1/2 SW1/4, SE1/4 NE1/4

Section 23: W1/2 SW1/4, SW1/4 NW1/4

Section 26: W1/2 W1/2

Section 27: All

Section 28: S1/2, NE1/4, E1/2 NW1/4

Section 29: SE1/4 SE1/4

Section 34: N1/2 N1/2

Section 35: NW1/4 NW1/4;

Township 32 South, Range 60 East, Copper River Meridian

Section 22: SE1/4

Section 23: All

Section 26: All

Section 27: All

Section 34: All

Section 35: All

Township 33 South, Range 61 East, Copper River Meridian

Section 4: All

Section 5: All

Section 8: All

Section 9: All

Section 16: All;

Township 9 North, Range 6 East, Seward Meridian

Section 25: SW1/4, W1/2 SE1/4

Section 26: E1/2

Section 36: N1/2 N1/2;

Township 1 South, Range 9 East, Seward Meridian

Section 32: SE1/4

Township 2 South, Range 9 East, Seward Meridian

Section 4: S1/2 SW1/4 excluding amended Iron Mountain Lode No. 2 and Iron Mountain Lode

Section 5: All

Section 8: N1/2 excluding Iron Mountain Lode No. 11 and Iron Mountain Lode No. 10

Section 9: NW1/4 NW1/4 excluding amended Iron Mountain Lode No. 2 and Iron Mountain Lode;

Township 34 South, Range 60 East, Copper River Meridian

Section 12: SE1/4

Township 34 South, Range 61 East, Copper River Meridian

Section 7: All

Section 18: All

Section 19: All

Section 30: All;

Township 39 South, Range 64 East, Copper River Meridian

Section 29: All

Section 31: All

Section 32: All

Section 33: All

Township 40 South, Range 64 East, Copper River Meridian

Section 5: NW1/4NE1/4, S1/2NE1/4, NW1/4, S1/2

Section 6

Section 8

Section 9: W1/2;

Township 37, South, Range 62 East, Copper River Meridian

Section 27: All

Section 28: All

Section 29: All

Section 30: SE1/4, SE1/4 SW1/4

Section 31: E1/2 NW1/4, NE1/4 SW1/4, E1/2

Section 32: All

Section 33: All

Section 34: All

Section 35: W1/2

Township 38 South, Range 62 East, Copper River Meridian

Section 2: W1/2

Section 3: All

Section 4: All

Section 5: All

Section 6: NE1/4, E1/2 SE1/4

Section 8: N1/2, NE1/4 SW1/4, SE1/4

Section 9: All

Section 10: All

Section 11: W1/2

Section 14: NW1/4

Section 15: N1/2

Section 16: N1/2

Section 17: N1/2 NE1/4, SE1/4 NE1/4;

U.S. Mineral Survey No. 2192

Township 44 South, Range 70 East, Copper River Meridian

Section 5: W1/2 SW1/4, W1/2 E1/2 SW1/4

Section 6: E1/2 SE1/4

Section 7: NE1/4, NE1/4 SE1/4, S1/2 SE1/4

Section 8: W1/2, excluding ILMT 33289 (ATS682) and excluding a parcel of land described as: Beginning at the record corner for Cor. No. 2, U.S. Survey No. 370; thence east along line 2-3 of U.S. Survey No. 370 a distance of 125´; thence north a distance of 350´; thence west approximately 90´ to the intersection of this line within the mean high tide line of the Taku Harbor; thence meander along the mean high tide line of Taku Harbor in a southwesterly and southern direction approximately 355´ to Cor. No. 2, U.S. Survey No. 370, the true point of beginning

Section 17: W1/2 W1/2

Section 18: E1/2, excluding tideland permit 100597;

Township 42 South, Range 64 East, Copper River Meridian

Section 2: Lots 1 — 5, including all adjacent tideland

Tract A: That portion within the W1/2 NW1/4 of Protracted

Section 1, and NE1/4 and N1/2 SE1/4 of Protracted Section 2; Tract 37;

aggregating approximately 251.3 acres, more or less, according to the Bureau of Land Management plat of survey, filed December 3, 1999;

Section 2: W1/2

Section 3: S1/2 SW1/4, NW1/4 SW1/4

Section 4: S1/2 NE1/4, E1/2 SE1/4

Section 10: N1/2 N1/2, S1/2 NE1/4

Section 11: NW1/4, NW1/4 NE1/4, including all tide and submerged land;

Township 64 South, Range 75 East, Copper River Meridian Lot 4, U.S. Survey 3854 and adjacent tideland;

Township 65 South, Range 86 East, Copper River Meridian

Section 32: S1/2

Township 66 South, Range 86 East, Copper River Meridian

Section 4: SW1/4, S1/2 NW1/4, NW1/4 NW1/4, S1/2 SE1/4, NW1/4SE1/4

Section 5: All except for land within ASLS 81-234

Section 8: NE1/4

Section 9: N1/2, SE1/4;

Township 61 South, Range 79 East, Copper River Meridian

Section 1: NE1/4SW1/4, Lots 5 — 8

Section 10: Lots 1 — 2, including all adjacent tideland

Section 11: Lots 1 — 11, including all adjacent tideland

Section 12: Lots 3 — 11, including all adjacent tideland

Section 14: Lot 2, including all adjacent tideland

Section 15: Lot 1, including all adjacent tideland

Township 61 South, Range 80 East, Copper River Meridian

Section 6: Lot 11, including all adjacent tideland

Section 7: Lots 1 — 2, including all adjacent tideland;

Township 77 South, Range 91 East, Copper River Meridian

Section 29: W1/2 SW1/4, SW1/4 NW1/4

Section 30: SE1/4, E1/2 SW1/4

Section 31: NE1/4, N1/2 SE1/4, NE1/4 SW1/4, E1/2 NW1/4 subject to USS 3525 and A.T.S. 155

Section 32: NW1/4, N1/2 SW1/4;

Township 58 South, Range 70 East, Copper River Meridian

Section 1: SW1/4 SW1/4

Section 2: S1/2

Section 11: N1/2, SE1/4, E1/2 SW1/4

Section 12: W1/2 W1/2, E1/2 SW1/4 subject to Forest Service Preference 103521

Section 13: All subject to Historic Place Application AA-6569, Parcel A

Section 14: NE1/4;

Township 17 South, Range 5 West, Copper River Meridian

Section 10: Above the mean high tide line

Section 15: Above the mean high tide line, except South of Point Bentinck South of a line bearing South 68 degrees East, below the mean high tide line

Sections 19 — 22;

Township 15 South, Range 5 West, Copper River Meridian

Section 31: E1/2E1/2

Section 32

Township 16 South, Range 4 West, Copper River Meridian

Section 6: S1/2, S1/2N1/2

Township 16 South, Range 5 West, Copper River Meridian

Section 3: The land South and West of the mid-channel of Canoe Passage

Section 4: The land and water south of the mid-channel of Canoe Passage in N1/2

Section 5: N1/2N1/2, SE1/4NE1/4

Section 10: N1/2NE1/4

Sections 11 — 12: N1/2N1/2;

Township 8 North, Range 6 East, Seward Meridian

Section 5: SW1/4SW1/4

Section 6: S1/2S1/2

Section 7: N1/2, N1/2S1/2

Section 8: W1/2NW1/4, NW1/4SW1/4;

Township 3 South, Range 1 East, Seward Meridian

Section 14: SW1/4

Section 15

Section 16: E1/2E1/2

Section 21: NE1/4NE1/4

Section 22: N1/2

Section 23: NW1/4;

Township 8 North, Range 6 East, Seward Meridian

Section 2: S1/2

Section 3: SE1/4, S1/2SW1/4

Sections 10 — 11: N1/2;

Township 9 North, Range 8 East, Seward Meridian

Sections 4 — 6: S1/2

Sections 7 — 8

Section 9: N1/2, SW1/4

Section 17: W1/2W1/2

Section 18: E1/2, E1/2NW1/4;

Township 22 South, Range 5 East, Copper River Meridian

Section 25

Section 36: N1/2, SW1/4, W1/2SE1/4

Township 22 South, Range 6 East, Copper River Meridian

Section 16: N1/2, SW1/4, N1/2SE1/4, SW1/4SE1/4

Section 20

Section 21: NW1/4, NW1/4SW1/4

Section 29: NW1/4

Section 30: W1/2

Township 23 South, Range 5 East, Copper River Meridian

Section 1: N1/2NW1/4, SW1/4NW1/4

Section 2

Sections 10 — 11;

Township 9 South, Range 7 West, Copper River Meridian

Section 31: S1/2SW1/4

Township 9 South, Range 8 West, Copper River Meridian

Section 35: SE1/4SE1/4

Section 36: S1/2S1/2

Township 10 South, Range 7 West, Copper River Meridian

Section 6: N1/2NW1/4

Township 10 South, Range 8 West, Copper River Meridian

Section 1

Section 2: N1/2, N1/2N1/2S1/2

Section 3: NE1/4NE1/4

Section 12: E1/2NE1/4, E1/2W1/2NE1/4;

Township 2 South, Range 1 East, Seward Meridian

Section 23: S1/2

Section 24: SW1/4

Section 25: NW1/4

Section 26: N1/2;

Township 3 South, Range 1 East, Seward Meridian

Section 5: SW1/4, S1/2SE1/4

Section 8: N1/2;

Township 3 South, Range 1 East, Seward Meridian

Section 19

Section 20: W1/2W1/2

Township 3 South, Range 1 West, Seward Meridian

Section 24: E1/2E1/2;

Township 2 South, Range 1 East, Seward Meridian

Section 16: W1/2, W1/2NE1/4

Section 17: E1/2;

Township 54 South, Range 62 East, Copper River Meridian

Section 20: S1/2NE1/4, SE1/4

Section 21: Excluding Krestof Island

Section 22: W1/2SW1/4, excluding Krestof Island

Section 28: N1/2, N1/2SW1/4, excluding Krestof Island

Section 29

Section 32: N1/2, N1/2S1/2;

Township 51 South, Range 61 East, Copper River Meridian

Section 13: S1/2N1/2, S1/2

Section 14: SE1/4SE1/4

Section 23: E1/2

Section 24: W1/2E1/2, W1/2

Section 25: NW1/4NE1/4, NW1/4, NW1/4SW1/4

Section 26: N1/2, N1/2S1/2.

Township 38 South, Range 63 East, Copper River Meridian

Section 13

Section 24: E1/2NE1/4

Section 32: E1/2

Section 33: SW1/4

Township 38 South, Range 64 East, Copper River Meridian

Section 18: SW1/4

Section 19

Section 20: W1/2SW1/4

Section 29: NW1/4NW1/4

Section 30: N1/2

Township 39 South, Range 63 East, Copper River Meridian

Section 4

Section 9

Section 10

Section 11

Section 13: E1/2

Section 14

Section 15

Section 16: E1/2

Section 22: N1/2

Section 23

Section 24

Township 39 South, Range 64 East, Copper River Meridian

Section 8: SE1/4

Section 9: SW1/4

Section 16

Section 17: NE1/4

Section 18: S1/2

Section 19

Section 20: SW1/4

Section 30: except for USS 354

Section 34: S1/2

Township 40 South, Range 64 East, Copper River Meridian

Section 1: W1/2NW1/4

Section 3: NE1/4

Section 4

Section 5

Section 9

Section 10

Section 15

Section 16

Section 17: NE1/4

Section 36: SE1/4SE1/4

Township 40 South, Range 65 East, Copper River Meridian

Section 28: SW1/4

Section 31: SW1/4SW1/4

Section 32: E1/2

Section 33: W1/2

Section 34: W1/2E1/2, W1/2

Township 41 South, Range 65 East, Copper River Meridian

Section 1: NE1/4

Section 2: W1/2NW1/4, SW1/4

Section 3: NE1/4

Section 11

Township 41 South, Range 66 East, Copper River Meridian

Section 5: NW1/2NW1/4, NW1/4NW1/4NE1/4

Section 6: NW1/4.

History. (§ 1 ch 64 SLA 1983; am § 2 ch 67 SLA 1986; am § 3 ch 14 SLA 1990; am §§ 3, 4 ch 52 SLA 2008; am § 1 ch 3 SLA 2021)

Revisor’s notes. —

Enacted as AS 41.20.534. Renumbered in 1983. In 1993, in the description in paragraph (5) of land within Section 33, “S1/2NW1/4” was substituted for “SW1/2NW1/4” to correct a manifest error in § 1, ch. 64, SLA 1983; and in the description in paragraph (17) of land within Section 15, “Lot 1” was substituted for “Lot 2” to correct a manifest error in § 2, ch. 67, SLA 1986.

Cross references. —

For legislative findings and statement of purpose applicable to the 2008 amendment of paragraph (11) and addition of paragraph (34) of this section, see § 1(a)(3) and § 1(b), ch. 52, SLA 2008, in the 2008 Temporary and Special Acts.

For a provision directing the Department of Natural Resources to amend the management plan for the Funter Bay marine park unit to reflect the addition of state land and water described in AS 41.21.304 (14), as amended by sec. 1, ch. 3, SLA 2021, and to protect the social and historical significance of the Unangax UNHANDLEDCHAR cemetery located in the park, see sec. 2, ch. 3, SLA 2021, in the 2021 Temporary and Special Acts.

Effect of amendments. —

The 2021 amendment, effective June 9, 2021, added (14)(A), and made related changes.

Sec. 41.21.306. Incompatible uses.

1. The commissioner may prohibit or restrict by regulation except as provided in AS 41.21.302(d) incompatible uses within the state-owned land and water described in AS 41.21.304 .
2. [Repealed, § 2 ch 126 SLA 1984.]
3. Nothing in AS 41.21.300 — 41.21.306 prohibits the Department of Fish and Game from engaging in rehabilitation, enhancement, and development under AS 16.05.092 within an area described in AS 41.21.304 .
4. Reasonable access shall be permitted to and across a marine park unit of the Alaska state park system for lawful hunting, fishing, trapping and recreational purposes, and other lawful purposes.
5. The Department of Public Safety and the Department of Fish and Game shall be allowed reasonable access for fish and game management, research, and enforcement purposes.

History. (§ 1 ch 64 SLA 1983; am § 2 ch 126 SLA 1984; am § 3 ch 67 SLA 1986)

Revisor’s notes. —

Enacted as AS 41.20.536. Renumbered in 1983.

Sec. 41.21.410. Purpose of AS 41.21.410 — 41.21.426.

The purpose of AS 41.21.410 — 41.21.426 is to empower the governor to restrict state owned land and water described in AS 41.21.415 , except as provided in AS 41.21.426 , to use as a public recreation area. Under AS 38.05.300 , state land, water, or land and water containing more than 640 acres may be closed to multiple purpose use only by act of the legislature. Because the area described in AS 41.21.415 exceeds 640 acres, AS 41.21.410 — 41.21.426 are intended to provide for the closing of the land and water described in AS 41.21.415, as that description is modified by AS 41.21.426, to multiple purpose use in conformity with AS 38.05.300 and its subsequent designation as a special purpose site in accordance with art. VIII, sec. 7, of the Constitution of the State of Alaska.

History. (§ 1 ch 100 SLA 1969; am § 3 ch 12 SLA 2015)

Revisor’s notes. —

Enacted as AS 41.20.070. Renumbered as AS 41.20.130 in 1969. Renumbered again in 1983.

Effect of amendments. —

The 2015 amendment, effective August 9, 2015, twice substituted “AS 41.21.410 - 41.21.426 ” for “AS 41.21.410 - 41.21.425 ”; in the first sentence, inserted “, except as provided in AS 41.21.426 ,” preceding “to use as a public recreation area”; in the second sentence, substituted “the land and water described in AS 41.21.415 , as that description is modified by AS 41.21.426,” for “the described land and water”; and made a stylistic change.

Sec. 41.21.415. Authority to designate Captain Cook State Recreation Area.

The governor may designate by proclamation the state-owned land and water and all that acquired in the future by the state, lying within the parcels described in this section, as the Captain Cook State Recreation Area. The proclamation may include the entire area or portions of the area at different times, shall reserve the areas included from all uses incompatible with their primary function as public recreation land and water, and shall assign them to the department for control, development and maintenance. Land covered by AS 41.21.410 — 41.21.425 is that within the following described parcels:

Township 8 North, Range 10 West, Seward Meridian

Section 3

Section 9

Section 10: NW1/4, NE1/4, SW1/4, W1/2 SE1/4

Section 15: W1/2 W1/2

Sections 16 and 17

All tideland abutting the above and all of Stormy Lake.

History. (§ 1 ch 100 SLA 1969)

Revisor’s notes. —

Enacted as AS 41.20.080. Renumbered as AS 41.20.140 in 1969. Renumbered again in 1983. In 1969, “SW1/4” was added to the description of land in Section 10 to correct a manifest clerical error in ch. 100, SLA 1969.

Administrative Code. —

For Captain Cook state recreation area, see 11 AAC 20, art. 11.

Sec. 41.21.420. Incompatible uses.

The commissioner shall designate by regulation incompatible uses within the boundaries of the Captain Cook State Recreation Area in accordance with AS 41.21.410 , and those incompatible uses designated shall be prohibited or restricted, as provided by regulation.

History. (§ 1 ch 100 SLA 1969)

Revisor’s notes. —

Enacted as AS 41.20.090. Renumbered as AS 41.20.150 in 1969. Renumbered again in 1983.

Sec. 41.21.425. Negotiated purchase authorized.

The commissioner may acquire, by negotiated purchase only in the name of the state, title to or interest in real property lying within the boundaries of the Captain Cook State Recreation Area.

History. (§ 1 ch 100 SLA 1969)

Revisor’s notes. —

Enacted as AS 41.20.100. Renumbered as AS 41.20.160 in 1969. Renumbered again in 1983.

Sec. 41.21.426. Certain land excepted.

1. Notwithstanding AS 41.21.020(a)(6) , 41.21.410 — 41.21.425 , or a regulation issued implementing AS 41.21.420 , state-owned land in the following described parcels may be leased in accordance with AS 38.35 (Right-of-Way Leasing Act) for the purpose of construction and operation of a natural gas pipeline from the North Slope:
2. A state or federal survey does not remove land from the parcels described in (a) of this section.
3. The department shall manage any state-owned land described in this section and within the exterior boundaries of Captain Cook State Recreation Area as part of Captain Cook State Recreation Area until the land is leased under AS 38.35. State-owned land described in this section will revert to Captain Cook State Recreation Area upon release of the land from a right-of-way through termination of the lease or otherwise and upon satisfaction of the lessee’s obligations to restore and revegetate the land.
4. Any right-of-way lease issued under AS 38.35 across land described in this section and within the exterior boundaries of Captain Cook State Recreation Area must
   1. reserve to the state the interests necessary to provide for public access by foot, snow machine, dog sled, and other traditional means of access along and across the leased corridor;
   2. preserve, to the maximum extent practicable, the recreational, scenic, cultural, historical, and habitat values consistent with the leasehold’s location within the exterior boundaries of Captain Cook State Recreation Area; and
   3. provide for termination of the lease if construction of the pipeline has not begun 10 years after the effective date of the lease.
5. AS 38.35.130 does not apply to land within the exterior boundaries of Captain Cook State Recreation Area.
6. A natural gas pipeline right-of-way lease may not be issued across land described in this section unless the lease becomes effective before January 1, 2025.

Township 8 North, Range 10 West, Seward Meridian

Section 3: SE1/4

Section 9: SE1/4

Section 10: N1/2, SW1/4, W1/2SE1/4

Section 15: W1/2W1/2

Section 16

Section 17: S1/2, S1/2NE1/4.

History. (§ 4 ch 12 SLA 2015)

Effective dates. —

Section 4, ch. 12, SLA 2015, which enacted this section, took effect on August 9, 2015.

Sec. 41.21.430. Purpose of AS 41.21.430 — 41.21.445.

The purpose of AS 41.21.430 — 41.21.445 is to empower the governor to restrict state-owned land and water described in AS 41.21.435 to use as a public recreation area. Under AS 38.05.300 , state land, water, or land and water containing more than 640 acres may be closed to multiple purpose use only by act of the legislature. Because the area described in AS 41.21.435 exceeds 640 acres, AS 41.21.430 — 41.21.445 are intended to provide for the closing of the described land and water to multiple purpose use in conformity with AS 38.05.300 and its subsequent designation as a special purpose site in accordance with art. VIII, § 7, of the Constitution of the State of Alaska.

History. (§ 1 ch 66 SLA 1971)

Revisor’s notes. —

Formerly AS 41.20.330. Renumbered in 1983.

Sec. 41.21.435. Authority to designate Caines Head State Recreation Area.

The governor may designate by proclamation the state-owned land and water and all that acquired in the future by the state, lying within the parcels described in this section, as the Caines Head State Recreation Area. The proclamation may include the entire area or portions of the area at different times, shall reserve the areas included from all uses incompatible with their primary function as public recreation land and water, and shall assign them to the department for control, development and maintenance. Land covered by (1) — (4) of this section has a total acreage of 1801.11 acres, including approximately 221.11 acres of federal land. Land covered by (5) of this section has a total acreage of approximately 4,160 acres. Land covered by AS 41.21.430 — 41.21.445 is that within the following described parcels:

1. U.S.S. 2742: portions of Sections 22 and 27 T2S, R1W, Seward Meridian;
2. U.S.S. 2744: in Section 14 T2S, R1W, Seward Meridian;
3. U.S.S. 4830: portions of Sections 14, 23 and 24 T2S, R1W, Seward Meridian (E.O. 3406 Lighthouse Reserve);
4. Section 10 T2S, R1W, Seward Meridian E1/2; Section 11 T2S, R1W, Seward Meridian SW1/4; Section 14 T2S, R1W, Seward Meridian NW1/4, SW1/4, SE1/4 and portions of NE1/4 above mean low tide; Section 15 T2S, R1W, Seward Meridian E1/2; Section 22 T2S, R1W, Seward Meridian E1/2; Section 23 T2S, R1W, Seward Meridian NW1/4, NE1/4 and portions of SW1/4 above mean low tide and portions of SE1/4 above mean low tide; Section 24 T2S, R1W, Seward Meridian W1/2 portion above mean low tide; Section 27 T2S, R1W, Seward Meridian N1/2, NE1/4 above mean low tide;
5. Section 9, T2S, R1W, Seward Meridian; Section 10, T2S, R1W, Seward Meridian, West 1/2; Section 15, T2S, R1W, Seward Meridian, West 1/2; Section 16, T2S, R1W, Seward Meridian; Section 21, T2S, R1W, Seward Meridian; Section 22, T2S, R1W, Seward Meridian, West 1/2; Section 27, T2S, R1W, Seward Meridian; Section 28, T2S, R1W, Seward Meridian.

History. (§ 1 ch 66 SLA 1971; am § 1 ch 73 SLA 1975)

Revisor’s notes. —

Formerly AS 41.20.335. Renumbered in 1983.

Administrative Code. —

For Caines Head state recreation area, see 11 AAC 20, art. 7.

Sec. 41.21.440. Incompatible uses.

The commissioner shall designate by regulation incompatible uses within the boundaries of the Caines Head State Recreation Area in accordance with AS 41.21.435 , and those incompatible uses designated are prohibited or restricted, as provided by regulation.

History. (§ 1 ch 66 SLA 1971)

Revisor’s notes. —

Formerly AS 41.20.340. Renumbered in 1983.

Sec. 41.21.445. Purchase authorized; eminent domain prohibited.

The commissioner may acquire, by purchase in the name of the state, title to or interest in real property lying within the boundaries of the Caines Head State Recreation Area. The state may not acquire by eminent domain privately owned land for inclusion in the Caines Head State Recreation Area.

History. (§ 1 ch 66 SLA 1971)

Revisor’s notes. —

Formerly AS 41.20.345. Renumbered in 1983.

Sec. 41.21.450. Purpose of AS 41.21.450 — 41.21.466.

The purpose of AS 41.21.450 — 41.21.466 is to restrict state-owned land and water within the boundaries described in AS 41.21.455 , except as provided in AS 41.21.466 , to use as a public recreation area. Under the provisions of AS 38.05.300 , state land, water, or land and water containing more than 640 acres may be closed to multiple purpose use only by act of the legislature. Inasmuch as the area described in AS 41.21.455 exceeds 640 acres, AS 41.21.450 — 41.21.466 are intended to except the area described in AS 41.21.455, as that description is modified by AS 41.21.466, from the provisions of AS 38.05.300 .

History. (§ 1 ch 61 SLA 1966; am § 5 ch 12 SLA 2015)

Revisor’s notes. —

Formerly AS 41.20.491. Renumbered in 1983.

Effect of amendments. —

The 2015 amendment, effective August 9, 2015, twice substituted “AS 41.21.450 - 41.21.466 ” for “AS 41.21.450 - 41.21.465 ”; in the first sentence, inserted “, except as provided in AS 41.21.466 ,” preceding “to use as a public recreation area”; in the second sentence inserted “in AS 41.21.455 , as that description is modified by AS 41.21.466,” preceding “From the provisions of AS 38.05.300 ”.

Sec. 41.21.455. Nancy Lake State Recreation Area established.

1. The presently state-owned land and water and all that acquired in the future by the state, lying within the following described boundary, are hereby designated as the Nancy Lake State Recreation Area, are reserved from all uses incompatible with their primary function as public recreation land, and are assigned to the department for control, development, and maintenance:
2. Nothing in this section affects the right of an organized borough to extract gravel from land that is located within the recreation area and that has been selected by the borough before April 22, 1970 under former AS 07.10.150 — 07.10.160.

Beginning at the brass capped monument marking the one quarter corner position, common to Section 34 and Section 35, Township 19 North, Range 5 West, Seward Meridian, Alaska, which is the true point of beginning; thence easterly along the 1/4 line of Section 35 to the west shore of an unnamed lake; thence meandering said lake clockwise in a northerly and southerly direction to a point where said meanders intersect the east-west 1/4 line of Section 35; thence easterly along the 1/4 line of Section 35 to the west shore of an unnamed lake; thence meandering said lake clockwise in a northerly and easterly direction to a point where said meanders intersect the east-west 1/4 line of Section 35; thence easterly along the 1/4 line of Section 35 to the 1/4 corner position common to Section 35 and Section 36; thence southerly along the section line common to Sections 35 and 36 to the common corner between Sections 35 and 36, Township 19 North, Range 5 West, Seward Meridian and Sections 1 and 2, Township 18 North, Range 5 West, Seward Meridian; thence easterly along the common line between said Sections 1 and 36 to the common corner of Section 1, Township 18 North, Range 5 West and Section 36, Township 19 North, Range 5 West and Section 31, Township 19 North, Range 4 West and Section 6, Township 18 North, Range 4 West; thence easterly along the common line between said Sections 31 and 6 to the 1/4 corner position common to Sections 31 and 6; thence northerly along the 1/4 line of Section 31 to the C 1/4 corner positions; thence easterly along the 1/4 line of Section 31 and Section 32 to the C 1/4 corner position of Section 32, Township 19 North, Range 4 West; thence northerly along the 1/4 line of Section 32 and Section 29 to the C-N-S 1/64th corner position of Section 29, Township 19 North, Range 4 West; thence easterly along the N-S 1/64th line of said Section 29 to the N-S 1/64th corner position common to Section 29 and Section 28; thence southerly along the east section line of Section 29 and Section 32 to the S-N-N 1/256th corner position of said Section 32; thence westerly along the S-N-N 1/256th line to the SE-NE-NE 1/256th corner positions; thence southerly along the E-E-E 1/256th line to the NE-SE-NE 1/256th corner position; thence easterly along the N-S-N 1/256th line to the N-S-N 1/256th corner position; thence southerly along the east boundary of Section 32 to the S-N 1/64th corner position of said Section 32; thence westerly along the S-N 1/64th line to the C-E-SE-NE 1/256th corner position; thence southerly along the E-E-E 1/256th line to the north shore of Nancy Lake; thence meandering said lake clockwise in an easterly, northerly, and southerly direction to a point where said meander line intersects the north line of Section Lot 41, Section 33, Township 19 North, Range 4 West; thence easterly along said north line to the NE corner of said Lot 41; thence southerly along the east line of said Lot 41 to the north shore of Nancy Lake; thence meandering said lake in an easterly, northerly, southerly, and westerly direction to a point where said meander line intersects the east line of Section Lot 54, Section 33, Township 19 North, Range 4 West; thence southerly along said east line of said Lot 54 to the east shore of Nancy Lake; thence meandering said lake in an easterly, northerly, southerly, and westerly direction to a point where said meander line intersects the N-N-N 1/256th line of Section 4, Township 18 North, Range 4 West; thence westerly along said N-N-N 1/256th line to the NE-NW-NW 1/256th corner position; thence southerly along the E-W-W 1/256th line to the SE-NW-NW 1/256th corner position; thence easterly along the S-N-N 1/256th line to the C-S-N-NW 1/256th corner position; thence along the W 1/16th line to the C-W 1/16th corner position; thence westerly along the 1/4 line to the 1/4 corner position common to Section 4 and Section 5; thence southerly along the east section line of Sections 5, 8, 17, 20, 29, 32, and 5, to the section corner common to Sections 4, 5, 8, and 9, Township 17 North, Range 4 West; thence westerly along the section line common to Section 5 and Section 8 to the E 1/16th corner position; thence southerly along the E 1/16th line to the SE 1/16th corner position of said Section 8; thence westerly along the S 1/16th line to the C-S 1/16th corner position of Section 7, Township 17 North, Range 4 West; thence northerly along the 1/4 line to the C 1/4 corner position of Section 6, Township 17 North, Range 4 West; thence westerly along the 1/4 line of said Section 6 to the east shore of Butterfly Lake; thence meandering said lake clockwise in a southerly, northerly, and westerly direction to a point on the west shore of Butterfly Lake where said meander line intersects the north section line of Section 1, Township 17 North, Range 5 West; thence westerly along the north section line of Section 1 and Section 2 to the point of intersection with line 9-10 of U.S. Survey No. 4638; thence south to Corner No. 4, Lot 3 of said U.S. Survey No. 4638; thence west along the north line of said Lot 3 to the point of intersection with the north-south section line common to Section 2 and Section 3; thence northerly along the west section line of Sections 2, 35, and 26, to the point of intersection with line 3-4 of U.S. Survey No. 3869, Township 18 North, Range 5 West; thence west along said line 3-4 of U.S. Survey No. 3869 to the point of intersection with the E 1/16th line of Section 27; thence northerly along said E 1/16th line to the point of intersection with line 1-2 of U.S. Survey No. 3869; thence west along said line 1-2 to Corner No. 1 of said U.S. Survey No. 3869; thence N 20° to 06´ E along line 2-3 of Lot 31, U.S. Survey No. 3868 for a distance of 268.62 ft. to Corner No. 2 of said Lot 31; thence N 69° 54´ W along line 1-2 of said Lot 31, to the east shore of Red Shirt Lake; thence meandering said lake clockwise in a southerly, westerly, easterly, and northerly direction to a point where said meander line intersects line 3-4 of Lot 3, U.S. Survey No. 3868; thence west along said line 3-4 to Corner No. 3 of Lot 3, U.S. Survey No. 3868; thence south along line 2-3 of said Lot 3 to the point of intersection with the east-west section line common to Section 21 and Section 28, Township 18 North, Range 5 West; thence westerly along said section line to the section corner position common to Sections 20, 21, 28, and 29, Township 18 North, Range 5 West; thence northerly along the section line common to Section 20 and Section 21 to the section corner position common to Sections 16, 17, 20, and 21; thence easterly along the section line common to Section 16 and Section 21 to the 1/4 corner position common to said Sections 16 and 21; thence northerly along the 1/4 line of Section 16 to the C 1/4 corner position of said Section 16; thence easterly along the 1/4 line of Section 16 to the 1/4 corner position common to Section 15 and Section 16; thence northerly along the section line common to Section 15 and Section 16 to the section corner position common to Sections 9, 10, 15, and 16; thence easterly along the section line common to Section 10 and Section 15 to the 1/4 corner position common to said Sections 10 and 15; thence northerly along the 1/4 line of Section 10 to the 1/4 corner position common to Section 3 and Section 10; thence easterly along the section line common to Sections 3 and 10 to the section corner position common to Sections 2, 3, 10, and 11; thence northerly along the section line common to Section 2 and Section 3, Township 18 North, Range 5 West, and Section 34 and Section 35, Township 19 North, Range 5 West to the brass capped monument marking the 1/4 corner position common to said Sections 34 and 35 which is the true point of beginning.

History. (§ 2 ch 61 SLA 1966; am § 1 ch 75 SLA 1970)

Revisor’s notes. —

Formerly AS 41.20.492. Renumbered in 1983. In 1993, in the legal description in (a) of this section, three references to the south shore of Nancy Lake were changed to two references to the north shore and one to the east shore to correct manifest errors in § 1, ch. 75, SLA 1970.

Administrative Code. —

For Nancy Lake state recreation area, see 11 AAC 20, art. 10.

Sec. 41.21.460. Incompatible uses.

The commissioner shall designate by regulation incompatible uses within the boundaries of the Nancy Lake State Recreation Area in accordance with the requirements of AS 41.21.450 , and those incompatible uses designated shall be prohibited or restricted, as provided by regulation.

History. (§ 3 ch 61 SLA 1966)

Revisor’s notes. —

Formerly AS 41.20.495. Renumbered in 1983.

Administrative Code. —

For Nancy Lake state recreation area, see 11 AAC 20, art. 10.

Sec. 41.21.465. Purchase authorized.

The commissioner may acquire, by purchase in the name of the state, title to or interest in real property lying within the boundaries of the Nancy Lake State Recreation Area.

History. (§ 4 ch 61 SLA 1966)

Revisor’s notes. —

Formerly AS 41.20.496. Renumbered in 1983.

Sec. 41.21.466. Certain land excepted.

1. Notwithstanding AS 41.21.020(a)(6) or 41.21.450 — 41.21.465 , state-owned land in the following described parcels may be leased in accordance with AS 38.35 (Right-of-Way Leasing Act) for the purpose of construction and operation of a natural gas pipeline from the North Slope:
   1. Township 18 North, Range 5 West, Seward Meridian
   2. Township 19 North, Range 5 West, Seward Meridian
2. A state or federal survey does not remove land from the parcels described in (a) of this section.
3. The department shall manage any state-owned land described in this section and within the exterior boundaries of Nancy Lake State Recreation Area as part of Nancy Lake State Recreation Area until the land is leased under AS 38.35. State-owned land described in this section will revert to Nancy Lake State Recreation Area upon release of the land from a right-of-way through termination of the lease or otherwise and upon satisfaction of the lessee’s obligations to restore and revegetate the land.
4. Any right-of-way lease issued under AS 38.35 across land described in this section and within the exterior boundaries of Nancy Lake State Recreation Area must
   1. reserve to the state the interests necessary to provide for public access by foot, snow machine, dog sled, and other traditional means of access along and across the leased corridor;
   2. preserve, to the maximum extent practicable, the recreational, scenic, cultural, historical, and habitat values consistent with the leasehold’s location within the exterior boundaries of Nancy Lake State Recreation Area; and
   3. provide for termination of the lease if construction of the pipeline has not begun 10 years after the effective date of the lease.
5. AS 38.35.130 does not apply to land within the exterior boundaries of Nancy Lake State Recreation Area.
6. A natural gas pipeline right-of-way lease may not be issued across land described in this section unless the lease becomes effective before January 1, 2025.

Section 10: E1/2

Section 11: NW1/4

Section 15: NW1/4

Section 16: SE1/4

Section 21: W1/2;

Section 35: SW1/4.

History. (§ 6 ch 12 SLA 2015)

Effective dates. —

Section 6, ch. 12, SLA 2015, which enacted this section, took effect on August 9, 2015.

Sec. 41.21.470. Purpose of AS 41.21.470 — 41.21.490.

The purpose of AS 41.21.470 — 41.21.490 is to restrict all vacant and unappropriated state-owned land, water, and stream crossings within the boundaries described in AS 41.21.475 to use as a public recreation area. Under the provisions of AS 38.05.300 , state land, water, or land and water containing more than 640 acres may be closed to multiple purpose use only by act of the legislature. Inasmuch as the area described in AS 41.21.475 exceeds 640 acres, AS 41.21.470 — 41.21.490 are intended to except the area described from the provisions of AS 38.05.300 .

History. (§ 1 ch 26 SLA 1967)

Revisor’s notes. —

Formerly AS 41.20.497. Renumbered in 1983.

Sec. 41.21.475. Chena River State Recreation Area established.

The presently state-owned land and water, vacant and unappropriated, and all that acquired in the future by the state, lying within the following described boundary, are hereby designated as the Chena River State Recreation Area, are reserved from all uses incompatible with their primary function as public recreation land, and are assigned to the department for control, development and maintenance:

1. Protracted Sections and Townships. — Township 1 North, Range 6 East, Fairbanks Meridian, Section 24; Township 1 North, Range 7 East, Fairbanks Meridian, Sections 1, 2, 3, 8, 9, 10, 11, 12, 15, 16, 17, 19, 20 and 21; Township 2 North, Range 7 East, Fairbanks Meridian, Sections 12, 13, 24, 25, 35, and 36; Township 2 North, Range 8 East, Fairbanks Meridian, Sections 6, 7, and 18;
2. Beginning at the N.W. corner of the area designated in (1) of this section, said point being the N.W. corner of Section 6, T2N, R8E, Fairbanks Meridian; thence north along the section line to the N.E. corner of Section 25, T3N, R7E; thence west along the section line to the S.W. corner of the S.E. 1/4 of Section 20, T3N, R7E; thence north along the 1/4 section line to the N.E. corner of the N.W. 1/4, Section 17, T3N, R7E; thence west along the section line to the N.W. corner of Section 16, T3N, R6E; thence south along the section line to the N.W. corner of Section 16, T2N, R6E; thence west along the section line to the N.W. corner of Section 14, T2N, R5E; thence south along the section line to the N.W. corner of Section 23, T1N, R5E; thence west along the section line to the N.W. corner of Section 20, T1N, R5E; thence south along the section line to the S.W. corner of Section 32, T1N, R5E; thence east to the N.W. corner of Section 2, T1S, R5E; thence south along the section line to the S.W. corner of Section 11, T1S, R5E; thence east along the section line to the S.W. corner of Section 10, T1S, R6E; thence south along the section line to the S.W. corner of Section 10, T2S, R6E; thence east along the section line to the S.W. corner of Section 7, T2S, R9E; thence north along the section line to the N.W. corner of Section 6, T1S, R9E; thence east to the S.E. corner of Section 36, T1N, R8E; thence north along the section line to the N.E. corner of Section 12, T2N, R8E; thence west along the section line to the N.E. corner of Section 7, T2N, R8E; thence north along the section line to the N.E. corner of Section 6, T2N, R8E; thence west along the section line to the point of beginning, containing approximately 254,080 acres.

History. (§ 2 ch 26 SLA 1967; am § 1 ch 58 SLA 1975)

Revisor’s notes. —

Formerly AS 41.20.498(a). Renumbered in 1983. In 1988, in AS 41.21.475 — 41.21.490 , the word “State” was added to the name of the recreation area to conform to the style of this chapter and AS 41.21.020(a)(13) .

Administrative Code. —

For Chena River state recreation area, see 11 AAC 20, art. 8.

Sec. 41.21.480. Eminent domain authorized to acquire necessary access.

The state may not acquire by eminent domain privately owned land within the Chena River State Recreation Area unless it is for the purpose of providing necessary access to state land.

History. (§ 1 ch 58 SLA 1975)

Revisor’s notes. —

Formerly AS 41.20.498(b). Renumbered in 1983.

Administrative Code. —

For Wood-Tikchik state park, see 11 AAC 20, art. 5.

Sec. 41.21.485. Zoning of private land.

The department may adopt, in accordance with AS 44.62 (Administrative Procedure Act), zoning regulations governing privately owned land in the Chena River State Recreation Area.

History. (§ 1 ch 58 SLA 1975)

Revisor’s notes. —

Formerly AS 41.20.498(c). Renumbered in 1983.

Sec. 41.21.490. Incompatible uses.

The commissioner shall designate by regulation incompatible uses within the boundaries of the Chena River State Recreation Area in accordance with the requirements of AS 41.21.020(a)(13) and 41.21.470 , and those incompatible uses designated shall be prohibited or restricted, as provided by regulation. The regulations may not prohibit

1. work on valid mineral leases or mining claims;
2. the legal taking of fur-bearing animals;
3. the traditional use of roads and trails by any means of transportation, including a vehicle propelled by machinery, if the use occurred regularly in the area of the state recreation area before June 18, 1967;
4. the cutting of dead and down or burnt timber.

History. (§ 3 ch 26 SLA 1967; am §§ 2, 3 ch 78 SLA 1981)

Revisor’s notes. —

Formerly AS 41.20.505. Renumbered in 1983. The second sentence of this section was originally enacted as part of AS 41.20.020(a)(13) and was transferred in 1981.

Administrative Code. —

For Chena River state recreation area, see 11 AAC 20, art. 8.

Sec. 41.21.491. Willow Creek State Recreation Area.

1. The surface estate in the land and water owned by the state as of June 9, 1987 and all land and water acquired by the state in the future, including shore and submerged land, lying within the parcels described in this subsection is designated as the Willow Creek State Recreation Area:
   1. Township 19 North, Range 4 West, Seward Meridian
   2. Township 19 North, Range 5 West, Seward Meridian
   3. Township 20 North, Range 5 West, Seward Meridian
2. The department may agree to manage land owned by the Matanuska-Susitna Borough that is within the parcels described in (a) of this section and that is designated by ordinance or resolution of the borough as a part of the Willow Creek State Recreation Area.
3. Subject to valid existing rights, the land and water described in (a) of this section is designated as a special purpose area under art. VIII, sec. 7, Constitution of the State of Alaska.
4. Except for oil and gas leasing under AS 38.05.180 , the mineral estate in the state-owned land and water described in (a) of this section is closed to mineral entry under AS 38.05.181 — 38.05.275 .

Section 5: Lot 3, Lot 4, S1/2NE1/4NE1/4, SE1/4NW1/4NE1/4, SW1/4NE1/4, N1/2NW1/4SE1/4, S1/2NW1/4

Section 6: Lot 3, Lot 4, Lot 5, SE1/4NW1/4;

Section 1: SE1/4, W1/2, Tract A, Tract B, Tract C

Section 2

Section 3: N1/2;

Section 34

Section 35

Section 36: S1/2.

History. (§ 2 ch 44 SLA 1987)

Sec. 41.21.492. Designation of management responsibilities.

1. The land and water described in AS 41.21.491 (a), including land and water owned by the Matanuska-Susitna Borough and designated by the borough in a management agreement under AS 41.21.491 (b), is assigned to the department for control, maintenance, and development, consistent with the purposes of AS 41.21.491 — 41.21.495 .
2. Nothing in AS 41.21.491 — 41.21.495 affects the responsibilities of
   1. the Department of Fish and Game, the Board of Fisheries, or the Board of Game under AS 16 and AS 41.99.010 ; or
   2. the Department of Environmental Conservation under AS 46.03.

History. (§ 2 ch 44 SLA 1987; am E.O. No. 106 § 4 (2003); am § 8 ch 31 SLA 2005)

Sec. 41.21.493. Comprehensive management plan.

The commissioner shall develop and adopt a comprehensive management plan for the Willow Creek State Recreation Area with the concurrence of the Matanuska-Susitna Borough.

History. (§ 2 ch 44 SLA 1987)

Editor’s notes. —

Section 3, ch. 44, SLA 1987 provides, in part: “Until a boat launch is constructed in the recreation area, the commissioner may not restrict boating activities within the Willow Creek State Recreation Area except to protect public safety.”

Sec. 41.21.494. Regulations.

The commissioner shall adopt regulations under AS 44.62 (Administrative Procedure Act) that are necessary to achieve the purposes of AS 41.21.491 — 41.21.495 and to implement the plan adopted under AS 41.21.493 . The regulations must

1. designate incompatible uses and prohibit or restrict them;
2. allow road, railroad, and utility crossing of Willow Creek so as to minimize disturbance to the river’s habitat and scenic and recreation values;
3. allow fishery rehabilitation or enhancement practices under terms that are compatible with AS 41.21.491 — 41.21.495 ;
4. allow the legal taking of fur-bearing animals; and
5. allow for hunting, except where it must be prohibited for reasons of public safety.

History. (§ 2 ch 44 SLA 1987)

Administrative Code. —

For Willow Creek state recreation area, see 11 AAC 20, art. 4.

Sec. 41.21.495. Cooperative management agreements.

The commissioner may enter into cooperative management agreements with a federal agency, a municipality, another state agency, or a private landowner to achieve the purposes of AS 41.21.491 — 41.21.495 .

History. (§ 2 ch 44 SLA 1987)

Sec. 41.21.496. Certain lands excepted.

1. Notwithstanding AS 41.21.020(a)(6) or 41.21.491 — 41.21.495 , state-owned land in the following described parcels may be leased in accordance with AS 38.35 (Right-of-Way Leasing Act) for the purpose of construction and operation of a natural gas pipeline from the North Slope: the East 1/2 of Section 2, Township 19 North, Range 5 West, Seward Meridian and the East 1/2 of Section 35, Township 20 North, Range 5 West, Seward Meridian.
2. A state or federal survey does not remove land from the parcels described in (a) of this section.
3. The department shall manage any state-owned land described in this section and within the exterior boundaries of Willow Creek State Recreation Area as part of Willow Creek State Recreation Area until the land is leased under AS 38.35. State-owned land described in this section will revert to Willow Creek State Recreation Area upon release of the land from a right-of-way through termination of the lease or otherwise and upon satisfaction of the lessee’s obligations to restore and revegetate the land.
4. Any right-of-way lease issued under AS 38.35 across land described in this section and within the exterior boundaries of Willow Creek State Recreation Area must
   1. reserve to the state the interests necessary to provide for public access by foot, snow machine, dog sled, and other traditional means of access along and across the leased corridor;
   2. preserve, to the maximum extent practicable, the recreational, scenic, cultural, historical, and habitat values consistent with the leasehold’s location within the exterior boundaries of Willow Creek State Recreation Area; and
   3. provide for termination of the lease if construction of the pipeline has not begun 10 years after the effective date of the lease.
5. AS 38.35.130 does not apply to land within the exterior boundaries of Willow Creek State Recreation Area.
6. A natural gas pipeline right-of-way lease may not be issued across land described in this section unless the lease becomes effective before January 1, 2025.

History. (§ 7 ch 12 SLA 2015)

Effective dates. —

Section 7, ch. 12, SLA 2015, which enacted this section, took effect on August 9, 2015.

Sec. 41.21.500. Purpose of AS 41.21.500 — 41.21.514.

The purpose of AS 41.21.500 — 41.21.514 is

1. to designate as a unit of the state park system under this chapter the land and water described in AS 41.21.502(a) ;
2. to protect and perpetuate the fishery and wildlife resources and habitat in the unit and adjacent area; and
3. to manage recreational uses and development activities in the unit and adjacent area.

History. (§ 2 ch 74 SLA 1984)

Sec. 41.21.502. Kenai River Special Management Area.

1. The surface estate in the land and water presently owned by the state and all land and water acquired by the state in the future, including shore, tide, and submerged land, lying within the parcels described in this section is designated as the Kenai River Special Management Area:
   1. the Kenai River at the common section line of Sections 16 and 17, Township 5 North, Range 11 West, Seward Meridian, upstream to and including the waters of the Kenai and Skilak Lakes;
   2. the Moose River from its confluence with the Kenai River upstream to the Sterling Highway Bridge;
   3. the Funny River from its confluence with the Kenai River upstream to the Funny River Road Bridge;
   4. the state land in the Kenai Recording District that is located within the following parcels:
      1. Kenai Keys
      2. Bing’s Landing
      3. Izaak Walton
      4. Nilnunqa
      5. Funny River
      6. Morgan’s Landing
      7. Kenai River Islands
      8. Slikok Creek
      9. Big Eddy
      10. Ciechanski
      11. Kenai River Flats
      12. Other Lower River Land
2. Subject to valid existing rights, the land and water described in (a) of this section is designated as a special purpose area under art. VIII, § 7, of the Alaska Constitution.
3. The mineral estate in the state-owned land and water described in (a) of this section is open to oil and gas leasing under AS 38.05.180 .  The mineral estate in the state-owned land and water described in (a) of this section is closed to mineral entry under AS 38.05.181 — 38.05.275 .

Township 5 North, Range 8 West, Seward Meridian

Section 26: General Land Office Lot 9

Section 36:

According to the Stephenkie Alaska Subdivision,

Alaska State Land Survey No. 73-146:

Lots 2, 3, 5 — 8 and 12 — 33 of Block 2

Tract B

A small un-meandered island located within the

SE1/4SE1/4 of Section 36

General Land Office Lots 2, 3

SW1/4NE1/4

NE1/4NW1/4

Excluding the Kenai Keys Road Right-of-Way and Stephenkie Alaska Subdivision, Alaska State Land Survey No. 73-146

Township 5 North, Range 8 West, Seward Meridian

Section 16: Portion of W1/2W1/2 lying south of the Sterling Highway

Section 20: Lot 1

Section 21: Lot 3

Township 5 North, Range 8 West, Seward Meridian

Section 7:

Parcel #1: Starting at the Southwest corner of Lot 6, Section 7, T5N, R8W, go South 0° 08´ East a distance of 888.1 feet to the center of road to corner no. 1, which is the true point of beginning; then North 73° 5´ West along the center of the road a distance of 727 feet to corner no. 2; then in a southwesterly direction a distance of 515.6 feet plus or minus, along the line of mean high water of Moose River to point no. 3; then a distance of 108 feet plus or minus, to point no. 4 along the line of mean high water of Moose River to Kenai River; then a distance of 75.3 feet plus or minus, to point no. 5 along that river; then upstream a distance of 808.6 feet plus or minus, at mean high water along Kenai River to point no. 6; then North 0° 8´ West 150 feet to point no. 7; then south 89° 57´ East a distance of 208 feet to point no. 8; then North 0° 08´ West 213.9 feet to point no. 1, which is the true point of beginning.

Parcel #2: Starting at the Southwest corner of Lot 6, Section 7, T5N, R8W, go South 0° 08´ East a distance of 1102.0 feet to corner no. 1, which is the true point of beginning; then North 89° 57´ West 208.0 feet to corner no. 2; then South 0° 08´ East 150 feet plus or minus to corner no. 3, which is a point at mean high water of the Kenai River, then Southeasterly a distance of 238 feet plus or minus, along the line of high water of that river to corner no. 4, which is a point 268 feet plus or minus, South 0° 08´ East of corner no. 1, then North 0° 08´ West 268 feet plus or minus to corner no. 1, which is the true point of beginning, containing one acre plus or minus.

Township 5 North, Range 8 West, Seward Meridian

Section 7: Lot 10

Township 5 North, Range 9 West, Seward Meridian

Section 28: SE1/4SE1/4

Tract 6, Heistand Subdivision,

Addition No. 2

Section 33: Lots 1, 3

SE1/4NW1/4

portion of NE1/4 lying west of the Funny River Road

Township 5 North, Range 9 West, Seward Meridian

Section 21: SW1/4SE1/4

Section 28: Lots 2, 3, 7 — 9, 14, 15

NE1/4NW1/4

NW1/4SW1/4

Section 33: Lot 2

Township 5 North, Range 8 West, Seward Meridian

Section 27: Lots 10, 17

Township 5 North, Range 10 West, Seward Meridian

Section 6: Lots 9 — 10

Section 7: Lots 2 — 4, 8, 11, 16

Section 18: Lots 2, 3, 14

Section 19: Lots 3, 17

Section 30: Lots 2, 8

Section 31: Lots 7, 10

Section 32: Lot 7

Section 33: Lots 5, 8

Section 34: Lot 10

Township 5 North, Range 11 West, Seward Meridian

Section 36: Lot 2 within NE1/4

Township 5 North, Range 11 West, Seward Meridian

Section 36: Tract “A”, Slikok Creek Alaska Subdivision

Township 5 North, Range 11 West, Seward Meridian

Section 24: Lots 14, 15

NW1/4NE1/4SE1/4

Township 5 North, Range 11 West, Seward Meridian

Section 24: Lot 1

Township 5 North, Range 11 West, Seward Meridian

Section 15: Lot 8

NW1/4SE1/4

N1/2SW1/4

N1/2S1/2SW1/4

Township 5 North, Range 9 West, Seward Meridian

Section 22: Lots 4, 9, 10, NE1/4SW1/4

Township 5 North, Range 10 West, Seward Meridian

Section 6: Lot 8

Section 7: Lots 5 — 7, 15

Section 18: Lots 1, 2, 4 — 6, Tract A, Larry’s Fishing Hole Subdivision, Plat No. 90-42 Government Lots 4 — 7, 10 — 13

NE1/4SW1/4

E1/2NW1/4

Section 19:

Tracts A and B, Timberland Terrace Phase 1 Subdivision, Plat 97-26

Lot 4, Kobylarz Subdivision, according to the official plat filed under Plat No. 92-24, Kenai Recording Office

Beginning at the section corner common to Sections 19, 20, 29, and 30, Township 5 North, Range 10 West, Seward Meridian, traverse west along the section line common to Sections 19 and 30 a distance of 1320 feet, thence north along the 1/16 section line a distance of 1420 feet to Corner No. 1 and the point of beginning, thence west 100 feet to Corner No. 2, thence north to the thalweg of the Kenai River and Corner No. 3, thence east along the thalweg of the Kenai River to the point of intersection with 1/16 section line and Corner No. 4, thence south along the 1/16 section line to Corner No. 1, and the point of beginning, located in the Kenai Recording District, as may be modified by a record of survey accepted by the state

Lot 16

Section 30: Tracts A, J, and K, Channel Shores Subdivision, Plat No. 85-102

Section 31: Lots 2, 3, and 11, excluding the following subdivisions, as shown in record of survey no. 96-7: Halcyon Subdivision, Lot 1, Block 1, plat of survey no. K-1706; Halcyon Subdivision Lot 5, Block 1, plat of survey no. 73-9; Halcyon Subdivision plat of survey no. 76-75; Halcyon Subdivision Addition No. 4, plat of survey no. 77-47; Halcyon Subdivision Addition No. 5, plat of survey no. 77-82; Halcyon Subdivision No. 3, plat of survey no. 78-25; Halcyon Subdivision Amended Plat Lot 1-B, Block 1, plat of survey no. 78-96; Halcyon Subdivision Addition No. 7, plat of survey no. 79-155; Halcyon Subdivision Addition No. 8, plat of survey no. 83-174; Halcyon Subdivision Addition No. 9, plat of survey no. 84-47; Halcyon Subdivision No. 10, plat of survey no. 84-244; Halcyon Subdivision No. 9, plat of survey no. 86-98RS; Halcyon Subdivision No. 9, plat of survey no. 86-99RS; Halcyon Subdivision No. 11, plat of survey no. 92-41; Halcyon Subdivision No. 8 Amended, plat of survey no. 92-72; and Halcyon Subdivision No. 12, plat of survey no. 93-8; and excluding that portion of Government Lot 3 east of Daisy Drive conveyed by warranty deed recorded March 10, 1989, in book 343, page 15, Kenai Recording Office.

Section 32: Lot 1-B-1, ASLS No. 97-25, a subdivision of Lot 1-B, Fisherman’s Square Subdivision, Addition No. 1, within the W1/2SW1/4;

Section 33: Lot 6-B, Mullen Homestead River Addition Phase 1, Plat No. 97-89;

Section 34: Lot 7, NE1/4SE1/4

Township 5 North, Range 11 West, Seward Meridian

Section 1: Lots 9 and 10

Section 11: Tract A-1A, Cone Tracts; Lot 3, excluding that portion north of the south right-of-way boundary of the Beaver Loop Road and all land west of and including the Cone Tracts A-1A and A-1B Subdivision and SE1/4NW1/4, and the N1/2NW1/4, excluding that portion of the south right-of-way boundary of the Beaver Loop Road and all land west of and including the Cone Tracts A-1A and A-1B Subdivision

Section 12: Lots 1 — 3, 7 — 10, 13

N1/2SE1/4

SE1/4NE1/4

NE1/4SW1/4

N1/2SW1/4SE1/4

Section 13: Lot 1

SW1/4NW1/4

Section 14: Lots 2, 7

Section 16: Lots 1 — 10

SE1/4

NW1/4NW1/4

SE1/4SW1/4

Section 24: That portion of Lot 11 within LSH 148

Section 25: Lot 3

Section 36: That strip of land between the line of ordinary high water of the Kenai River and EPF 21-11, Block 1.

History. (§ 2 ch 74 SLA 1984; am §§ 2, 3 ch 141 SLA 2004)

Cross references. —

For statement of legislative purpose and intent applicable to the 2004 amendment of this section, see § 1, ch. 141, SLA 2004, in the 2004 Temporary and Special Acts.

Editor’s notes. —

The condition required by ch. 148, SLA 1990, for the addition of a portion of Slikok Creek subdivision did not occur, and therefore the conditional amendment was repealed in § 17, ch. 20, SLA 2002.

Sec. 41.21.504. Designation of management responsibilities.

1. The land and water described in AS 41.21.502(a) is assigned to the department for control, maintenance, and development consistent with the purposes of AS 41.21.500 — 41.21.514 .
2. Nothing in AS 41.21.500 — 41.21.514 affects the applicability of
   1. AS 41.99.010 and AS 16 regarding the responsibilities of the Department of Fish and Game or the Board of Fisheries or the Board of Game; or
   2. AS 46.03 regarding the responsibilities of the Department of Environmental Conservation.

History. (§ 2 ch 74 SLA 1984; am E.O. No. 106 § 5 (2003); am § 9 ch 31 SLA 2005)

Sec. 41.21.506. Comprehensive management plan; regulations.

1. The commissioner shall develop and adopt a comprehensive management plan for the Kenai River Special Management Area in consultation with the Kenai Peninsula Borough.  The plan may include the land adjacent to the rivers described in  AS 41.21.502(a)(1) — (3) whether the land is owned by the state or privately owned and may include other land considered appropriate by the commissioner and the Kenai Peninsula Borough.  The commissioner shall periodically review the plan and adopt changes to the plan in consultation with the Kenai Peninsula Borough.
2. The commissioner shall adopt regulations under  AS 44.62 (Administrative Procedure Act) that are necessary to achieve the purposes of  AS 41.21.500 — 41.21.514 and to implement the plan adopted under (a) of this section. The regulations must
   1. designate incompatible uses and prohibit or restrict them; and
   2. establish a registration, licensing, or comparable procedure for professional fishing guides and such additional fishing guide controls as the commissioner considers necessary.
3. Until regulations adopted under  AS 41.21.500 — 41.21.514 take effect, existing state regulations otherwise applicable to the Kenai River Special Management Area remain in effect.
4. A regulation adopted under this section applies to land owned by the state but does not apply to land not owned by the state that is located within the boundaries of a municipality unless the regulation has been approved by the municipality.
5. The provisions of  AS 41.21.025(b) and (c) do not apply to the land and water described in  AS 41.21.502(a) .

History. (§ 2 ch 74 SLA 1984; am § 35 ch 85 SLA 1988; am § 2 ch 61 SLA 2009; am § 22 ch 58 SLA 2010)

Cross references. —

For statement of legislative purpose applicable to the 2009 amendment of (b)(2) of this section, see § 1, ch. 61, SLA 2009, in the 2009 Temporary and Special Acts.

Administrative Code. —

For Kenai River special management Area, see 11 AAC 20, art. 17.

For special provisions, see 11 AAC 20, art. 18.

Effect of amendments. —

The 2009 amendment, effective July 23, 2009, in (b)(2), added the language beginning “; notwithstanding the requirements established by the commissioner” to the end of the subsection.

The 2010 amendment, effective January 1, 2015, deleted “notwithstanding the requirements established by the commissioner to implement this paragraph, the commissioner shall establish a procedure by which the holder of a valid sport fishing operator license issued under AS 16.40.260 may petition for, and the director of the division of parks, or the director’s designee, shall expeditiously issue, a waiver to allow the sport fishing operator license holder to use the services in the Kenai River Special Management Area of a guide licensed under AS 16.40.270 who has not completed the procedures and additional controls that are required by the department under this paragraph; the waiver authorized in this paragraph applies only for the duration of the sport fishing season during which the waiver application is submitted and only if the sport fishing operator license holder (A) employing the licensed guide has lost the services of a licensed guide because of unforeseen circumstances; and (B) is unable to hire as a replacement an available licensed guide who has satisfied all the requirements of this paragraph, including those required by regulation” at the end of (b)(2).

Sec. 41.21.508. Acquisition of additional land; adjustment of boundaries.

1. The commissioner may acquire title to or an interest in land or improvements on land that is adjacent to or within the boundaries of the Kenai River Special Management Area in the name of the state in order to achieve the purposes of AS 41.21.500 — 41.21.514 , by lease, purchase, exchange under AS 38.50, bequest, gift, or other lawful means but not by eminent domain.
2. The commissioner may adjust the boundaries of the Kenai River Special Management Area under AS 38.05.295 — 38.05.300 by adding state-owned land and water to the Kenai River Special Management Area to achieve the purposes of AS 41.21.500 — 41.21.514 .

History. (§ 2 ch 74 SLA 1984)

Sec. 41.21.510. Advisory committee.

1. In developing and implementing the management plan required by AS 41.21.506(a) , the commissioner shall appoint an advisory board.  The commissioner and the advisory board shall jointly hold public meetings during development of the management plan in the areas affected.  The commissioner shall consult with and solicit recommendations from the advisory board and from federal and state agencies, interest groups, and other interested members of the public.
2. The advisory board appointed under this section shall be representative of user groups, resident property owners, municipalities adjacent to the Kenai River and other interest groups. Unless appointed as a representative of a user group, resident property owners, a municipality adjacent to the Kenai River, or another interest group, an employee, elected official, or other representative of a federal or state government may be appointed to the advisory board only as an ex officio member serving without a vote. A majority of the voting members of the advisory group shall be residents of the Kenai Peninsula Borough.

History. (§ 2 ch 74 SLA 1984; am § 4 ch 141 SLA 2004)

Sec. 41.21.512. Cooperative management agreements.

The commissioner may enter into cooperative management agreements with a federal agency, a municipality, another state agency, or a private landowner to achieve the purposes of AS 41.21.500 — 41.21.514 .

History. (§ 2 ch 74 SLA 1984)

Sec. 41.21.514. Civil enforcement.

In addition to any other remedy provided by law, the attorney general may seek an injunction and damages at the request of the commissioner for a violation of a regulation adopted under AS 41.21.500 — 41.21.514 or a regulation that is applicable to the Kenai River Special Management Area established under AS 41.21.502 .

History. (§ 2 ch 74 SLA 1984)

Sec. 41.21.518. Business Park Wetlands Special Management Area established.

The present and future state-owned land and water within the parcels described in this section, are designated as the Business Park Wetlands Special Management Area. The special management area is established to protect and preserve this land and water for its unique and exceptional fishery and wildlife resources and habitat and recreational and scenic resource values, and to designate it as a special purpose site in accordance with art. VIII, sec. 7, of the Constitution of the State of Alaska. The state-owned land and water within the following parcels is reserved from all uses incompatible with its primary function as a special management area, except for utility easements, and is assigned to the department:

Township 13 North, Range 3 West, Seward Meridian

Section 31: N1/2SW1/4NW1/4 Parcel 25

N1/2SE1/4NW1/4 Tract A Doubletree Center Subdivision

N1/2S1/2NW1/4NW1/4 Parcel 28

South 375 feet of Government Lot 1 except that portion included within the boundaries of the Pyhala Subdivision according to plat P — 197.

History. (§ 1 ch 132 SLA 1992)

Cross references. —

For authority of commissioner to enter into maintenance agreements with a private organization and for relationship between the initial agreement and the effective date of AS 41.21.518 - 41.21.522 , see §§ 2 and 4, ch. 132, SLA 1992 in the Temporary and Special Acts.

Sec. 41.21.520. Incompatible uses.

1. The commissioner may designate by regulation incompatible uses for the state-owned land and water within the Business Park Wetlands Special Management Area in accordance with the requirements of AS 41.21.518 — 41.21.522 .
2. In designating incompatible uses by regulation under (a) of this section, the commissioner shall consult with the public, the Business Park Wetlands Coalition, or any successor organization.

History. (§ 1 ch 132 SLA 1992)

Sec. 41.21.522. Acquisitions authorized; eminent domain prohibited.

The commissioner may acquire by gift or purchase in the name of the state title to or interest in real property within the Business Park Wetlands Special Management Area. The state may not acquire by eminent domain privately owned land for inclusion in the Business Park Wetlands Special Management Area.

History. (§ 1 ch 132 SLA 1992)

Sec. 41.21.610. Purpose of AS 41.21.610 — 41.21.630.

1. The purpose of AS 41.21.610 — 41.21.630 is to establish the state-owned land and water described in AS 41.21.611(b) as the Alaska Chilkat Bald Eagle Preserve as part of the state park system.  The primary purpose for establishing the Alaska Chilkat Bald Eagle Preserve is to protect and perpetuate the Chilkat bald eagles and their essential habitats within the Alaska Chilkat Bald Eagle Preserve in recognition of their statewide, nationally, and internationally significant values in perpetuity.
2. The Alaska Chilkat Bald Eagle Preserve is also established to
   1. protect and sustain the natural salmon spawning and rearing areas of the Chilkat River and Chilkoot River systems within the preserve in perpetuity;
   2. provide continued opportunities for research, study, and enjoyment of bald eagles and other wildlife;
   3. ensure to the maximum extent practicable water quality and necessary water quantity under applicable laws;
   4. provide for other public uses consistent with the primary purpose for which the Alaska Chilkat Bald Eagle Preserve is established; and
   5. provide an opportunity for the continued traditional and natural resource based lifestyle of the people living in the general areas described in AS 41.21.611(b) , consistent with the other purposes of this subsection and (a) of this section.
3. It is the intent of the legislature in enacting AS 41.21.610 — 41.21.630 to provide sufficient protection for the purposes for which the Alaska Chilkat Bald Eagle Preserve is established. Accordingly, the establishment of the Alaska Chilkat Bald Eagle Preserve and the Haines State Forest Resource Management Area under AS 41.15.305 is determined to represent a proper balance between the reservation of state public domain land and water for bald eagle preserve purposes and state public domain land and water more appropriate for multiple use. Therefore, the legislature determines that there is no need for legislation expanding or contracting the boundary of the Alaska Chilkat Bald Eagle Preserve in the future; the legislature further determines that study by a state agency of the expansion or contracting of the boundary of the preserve shall be conducted under AS 41.21.621 .
4. Inasmuch as the area described in AS 41.21.611(b) exceeds 640 acres, AS 41.21.610 — 41.21.630 are intended to close the area to multiple use in conformity with AS 38.05.300 and the land is dedicated as a special purpose site under art. VIII, § 7 of the state constitution.

History. (§ 1 ch 95 SLA 1982)

Revisor’s notes. —

Formerly AS 41.20.506. Renumbered in 1983.

Administrative Code. —

For Eagle preserve land and water restrictions, see 11 AAC 21, art. 1.

For preserve activities; management, see 11 AAC 21, art. 2.

Sec. 41.21.611. Alaska Chilkat Bald Eagle Preserve established.

1. Subject to valid existing rights, the land and water presently owned by the state and all land and water acquired in the future by the state lying within the boundaries described in (b) of this section are designated the Alaska Chilkat Bald Eagle Preserve and assigned to the department for control, development, and maintenance.
2. Except for University of Alaska grant land, the land and water owned by the state and all land and water acquired by the state in the future lying within the following described parcels are designated as the Alaska Chilkat Bald Eagle Preserve:
   1. Township 26 South, Range 55 East, Copper River Meridian
   2. Township 26 South, Range 56 East, Copper River Meridian
   3. Township 27 South, Range 55 East, Copper River Meridian
   4. Township 28 South, Range 55 East, Copper River Meridian
   5. Township 28 South, Range 56 East, Copper River Meridian
   6. Township 28 South, Range 57 East, Copper River Meridian
   7. Township 29 South, Range 55 East, Copper River Meridian
   8. Township 29 South, Range 56 East, Copper River Meridian
   9. Township 29 South, Range 57 East, Copper River Meridian
   10. Township 29 South, Range 58 East, Copper River Meridian
   11. Township 30 South, Range 57 East, Copper River Meridian
   12. Township 30 South, Range 58 East, Copper River Meridian

Section 12: that portion within USS 3708

Section 13: that portion within USS 3708

Section 23: SE1/4NE1/4, NE1/4SE1/4, E1/2NW1/4SE1/4, S1/2SE1/4

Sections 24 and 25

Section 26: E1/2

Section 33: SE1/4SE1/4SE1/4

Section 34: E1/2NE1/4, E1/2SW1/4NE1/4, SE1/4NE1/4SW1/4, E1/2SW1/4SW1/4, SW1/4SW1/4SW1/4, SE1/4SW1/4, SE1/4

Section 35

Section 36: NE1/4NW1/4NE1/4, W1/2W1/2NE1/4, NW1/4, N1/2SW1/4, N1/2SW1/4SW1/4, SW1/4SW1/4SW1/4, NW1/4SE1/4SW1/4, NW1/4SE1/4;

Section 7: SW1/4NE1/4, that portion of the S1/2NW1/4 within USS 3708, S1/2

Section 8: SE1/4SW1/4NW1/4, SE1/4NW1/4, SW1/4, that portion of the S1/2NE1/4 within USS 3708

Section 17: W1/2NW1/4

Section 18

Section 19: W1/2, SW1/4SE1/4

Section 30: NE1/4NW1/4NE1/4, W1/2NW1/4NE1/4, NW1/4, W1/2SW1/4;

Section 2: NW1/4, W1/2NE1/4SW1/4, NW1/4SW1/4, N1/2SW1/4SW1/4, SW1/4SW1/4SW1/4, NW1/4SE1/4SW1/4, except USS 3744

Section 3

Section 4: NE1/4NE1/4NE1/4, S1/2NE1/4NE1/4, E1/2SW1/4NE1/4, SE1/4NE1/4, E1/2SE1/4SW1/4, SE1/4

Section 8: SE1/4SE1/4SW1/4, S1/2S1/2SE1/4, N1/2SE1/4SE1/4

Section 9: E1/2, E1/2NW1/4, N1/2NE1/4SW1/4, SE1/4NE1/4SW1/4, NW1/4SW1/4SW1/4, S1/2S1/2SW1/4

Section 10: W1/2W1/2NE1/4, W1/2

Section 15: NW1/4NW1/4NE1/4, S1/2NW1/4NE1/4, SW1/4NE1/4, W1/2, W1/2SE1/4

Section 16: E1/2, NW1/4, N1/2SW1/4, NW1/4SE1/4SW1/4, E1/2SE1/4SW1/4

Section 17: N1/2NE1/4, NE1/4SW1/4NE1/4, SE1/4NE1/4, E1/2NE1/4NW1/4, N1/2NE1/4SE1/4, SE1/4NE1/4SE1/4

Section 21: E1/2, E1/2E1/2NW1/4, SW1/4SE1/4NW1/4, E1/2SW1/4, SE1/4SW1/4SW1/4

Section 22: SW1/4NE1/4NE1/4, W1/2E1/2, W1/2SE1/4NE1/4, W1/2, W1/2E1/2SE1/4

Section 26: NW1/4NW1/4NW1/4, S1/2NW1/4NW1/4, SW1/4NW1/4, W1/2E1/2SW1/4, W1/2SW1/4

Section 27

Section 28: E1/2, E1/2W1/2, E1/2W1/2W1/2

Section 33: N1/2NE1/4, E1/2SW1/4NE1/4, NW1/4SW1/4NE1/4, SE1/4NE1/4, E1/2NE1/4NW1/4, NE1/4SE1/4, E1/2NW1/4SE1/4, N1/2SE1/4SE1/4, SE1/4SE1/4SE1/4

Section 34

Section 35: NW1/4NW1/4NE1/4, S1/2NW1/4NE1/4, SW1/4NE1/4, NW1/4SE1/4NE1/4, S1/2SE1/4NE1/4, W1/2, SE1/4

Section 36: W1/2SW1/4SW1/4;

Section 1: S1/2SW1/4NW1/4, SW1/4

Section 2

Section 3: NE1/4, N1/2NW1/4, N1/2SW1/4NW1/4, SE1/4NW1/4, NE1/4NE1/4SW1/4, N1/2SE1/4, SE1/4SE1/4

Section 4: E1/2NE1/4NE1/4

Section 10: that portion of Mosquito Lake within the NE1/4

Section 11: N1/2, N1/2SE1/4, NE1/4SW1/4SE1/4, SE1/4SE1/4, except USS 3431

Section 12

Section 13: E1/2, NE1/4NW1/4, E1/2NW1/4NW1/4, NW1/4NW1/4NW1/4, NW1/4SE1/4NW1/4, E1/2SE1/4NW1/4

Section 19: Lot 13

Section 24: E1/2E1/2, NE1/4NW1/4NE1/4

Section 25: except that portion north of the Haines Highway

Section 26: that portion south of the Haines Highway except Lots 2, 3, and the SW1/4SW1/4

Section 27: that portion south of the Haines Highway except S1/2S1/2

Section 28: except S1/2S1/2, the south 660 feet of Lots 5 — 7, and that portion north of the Haines Highway

Section 29: except S1/2S1/2S1/2, NE1/4SE1/4SE1/4, and Lots 9, 14, 15, and 18

Section 30: E1/2NE1/4, N1/2NE1/4SE1/4

Section 34: S1/2S1/2S1/2

Section 35: except NW1/4NE1/4, S1/2NE1/4, NW1/4, S1/2

Section 36: except SW1/4NW1/4, S1/2, and the south 660 feet of Lots 3 — 4;

Section 7: SW1/4NW1/4NW1/4, SW1/4NW1/4, SW1/4SE1/4NW1/4, W1/2NE1/4SW1/4, SE1/4NE1/4SW1/4, NW1/4SW1/4, S1/2SW1/4, SW1/4SW1/4SE1/4

Section 17: W1/2SW1/4SW1/4, SE1/4SW1/4SW1/4

Section 18: W1/2W1/2NE1/4, E1/2SW1/4NE1/4, SW1/4SE1/4NE1/4, W1/2, SE1/4

Section 19

Section 20: W1/2W1/2

Section 29: except USS 948, USS 991, Lots 1, 2, and 4 — 7, NE1/4, E1/2NW1/4

Section 30: except Lots 1, 4, 5, 8, 15-17, and the NE1/4SW1/4

Section 31

Section 32: except USS 991, USS 2455, and Lots 1, 2, and 24

Section 33: S1/2 except USS 2455 and Lots 18 — 21

Section 34: W1/2SW1/4SE1/4, SE1/4SW1/4SE1/4, SW1/4 except NE1/4SW1/4 and Lots 1 and 2;

Section 22: NE1/4SW1/4, E1/2SE1/4SW1/4, W1/2NW1/4SE1/4, SW1/4SE1/4, NW1/4SE1/4SE1/4, S1/2SE1/4SE1/4

Section 26: W1/2SW1/4NW1/4, W1/2W1/2SW1/4

Section 27: E1/2E1/2, N1/2NW1/4NE1/4, SE1/4NW1/4NE1/4

Section 34: NE1/4NE1/4, NE1/4SE1/4NE1/4

Section 35: SW1/4SW1/4NE1/4, NW1/4NW1/4NW1/4, S1/2NW1/4NW1/4, S1/2NW1/4, E1/2SW1/4, NW1/4NW1/4SE1/4, S1/2NW1/4SE1/4, S1/2SE1/4, SW1/4NE1/4SE1/4;

Section 1: S1/2NE1/4NE1/4, E1/2SW1/4NE1/4, N1/2SE1/4NE1/4, SW1/4SE1/4NE1/4, NW1/4NE1/4SE1/4, NE1/4NW1/4SE1/4;

Section 1

Section 2: N1/2NE1/4, E1/2SE1/4NE1/4, NE1/4NW1/4, E1/2NE1/4SE1/4, NE1/4SE1/4SE1/4

Section 4: W1/2NW1/4, W1/2SE1/4NW1/4, SE1/4SE1/4NW1/4, SW1/4, W1/2NW1/4SE1/4, SE1/4NW1/4SE1/4, SW1/4SE1/4, W1/2SE1/4SE1/4, SE1/4SE1/4SE1/4

Section 5: E1/2, N1/2NW1/4, SE1/4NE1/4SW1/4, E1/2SE1/4SW1/4

Section 6: N1/2N1/2NE1/4, NE1/4NW1/4, S1/2NW1/4NW1/4, N1/2SW1/4NW1/4, NW1/4SE1/4NW1/4

Section 8: except SW1/4SW1/4 and S1/2SE1/4SW1/4

Section 9

Section 10: S1/2S1/2NE1/4, SW1/4NE1/4NW1/4, NW1/4NW1/4, S1/2NW1/4, S1/2

Section 11: S1/2NE1/4, S1/2S1/2NW1/4, NE1/4SW1/4NW1/4, N1/2SE1/4NW1/4, S1/2

Sections 12 — 14

Section 15: N1/2, N1/2N1/2SW1/4, E1/2SE1/4, NW1/4SE1/4, E1/2SW1/4SE1/4

Section 16: E1/2NE1/4, E1/2W1/2NE1/4, W1/2NW1/4NE1/4, NW1/4SW1/4NE1/4, N1/2N1/2NW1/4, SE1/4NE1/4NW1/4, NE1/4SE1/4NW1/4

Section 17: N1/2NE1/4NE1/4

Section 22: N1/2NE1/4NE1/4, NE1/4NW1/4NE1/4

Section 23: that portion of the N1/2NW1/4 lying west of Chilkat Lake;

Section 4: NW1/4NW1/4SW1/4, S1/2NW1/4SW1/4, SW1/4SW1/4, NW1/4SE1/4SW1/4, S1/2SE1/4SW1/4

Section 5: except Lots 2 — 4, N1/2NE1/4, NE1/4SE1/4NE1/4

Section 6: except Lots 1 and 9

Sections 7 and 8

USS 907

Section 9: W1/2W1/2NE1/4, SE1/4SW1/4NE1/4, SW1/4SE1/4NE1/4, NW1/4, S1/2

Section 10: Lots 1 — 4, W1/2NE1/4SW1/4, NW1/4SE1/4SW1/4, E1/2SW1/4SE1/4SW1/4

Section 14: that portion west of the Haines Highway

Section 15: except NE1/4NE1/4 and Lots 7 — 10, 13 — 14

Sections 16 — 18

USS 786

Section 19: NE1/4NE1/4NE1/4

Section 20: NE1/4, E1/2NW1/4, NW1/4NW1/4, E1/2SW1/4NW1/4, NE1/4SE1/4, N1/2NW1/4SE1/4, SE1/4NW1/4SE1/4, NE1/4SE1/4SE1/4

Sections 21 and 22

Section 23: that portion west of the Haines Highway

Section 25: that portion west of the Haines Highway

Section 26: that portion west of the Haines Highway

Section 28: NE1/4, NE1/4NW1/4, N1/2NW1/4NW1/4, N1/2SE1/4NW1/4, NE1/4SE1/4, N1/2NW1/4SE1/4, SE1/4NW1/4SE1/4, NE1/4SE1/4SE1/4

Section 34: NE1/4, NE1/4NW1/4, NE1/4SE1/4NW1/4, NE1/4SE1/4, NE1/4NW1/4SE1/4, E1/2SE1/4SE1/4

Section 36: that portion west of the Haines Highway;

Section 3: S1/2SW1/4NW1/4, SW1/4NE1/4SW1/4, W1/2SW1/4, SE1/4SW1/4, S1/2SW1/4SE1/4

Section 4: SW1/4NE1/4NE1/4, W1/2NE1/4, SE1/4NE1/4, NW1/4, NE1/4SW1/4, SE1/4

Section 9: NE1/4NE1/4

Section 10: N1/2, E1/2SW1/4, E1/2W1/2SW1/4, NW1/4NW1/4SW1/4, SE1/4

Section 31: that portion south of the Haines Highway;

Section 1

Section 2: NE1/4, NE1/4NW1/4, N1/2NW1/4NW1/4, SE1/4NW1/4NW1/4, N1/2SE1/4NW1/4, SE1/4SE1/4NW1/4, N1/2SE1/4, N1/2SE1/4SE1/4

Section 3: NE1/4NE1/4NE1/4

Section 12: NE1/4, NE1/4NW1/4, NE1/4NW1/4NW1/4, NE1/4SE1/4NW1/4, W1/2NE1/4SE1/4, NE1/4NW1/4SE1/4, E1/2E1/2SE1/4, NW1/4SE1/4SE1/4;

Section 6: that portion west of the Haines Highway

Section 7: that portion west of the Haines Highway

Section 8: that portion west of the Haines Highway

Section 16: that portion west of the Haines Highway

Section 17: that portion west of the Haines Highway

Section 18: Lots 1 — 3 and 5, SW1/4NE1/4, N1/2SE1/4NW1/4, SE1/4SE1/4NW1/4, SE1/4.

History. (§ 1 ch 95 SLA 1982; am §§ 55 — 62 ch 37 SLA 1986)

Revisor’s notes. —

Formerly AS 41.20.507(a) and (k). Renumbered in 1983.

Cross references. —

For provisions relating to certain transfers of land affecting the Alaska Chilkat Bald Eagle Preserve, see ch. 14, SLA 2000 in the 2000 Temporary and Special Acts.

Sec. 41.21.612. Land excluded.

1. Private land, approved or pending Native allotments, pending and approved land selections made by the Haines Borough under state law on July 1, 1982, University of Alaska grant land not located within the Chilkat River Critical Habitat Area established by AS 16.20.585 , and existing transportation and utility corridors located partially or completely within the Alaska Chilkat Bald Eagle Preserve are excluded from the Alaska Chilkat Bald Eagle Preserve.
2. University of Alaska grant land located within the boundary of the Chilkat River Critical Habitat Area established under AS 16.20.585 is excluded from the Alaska Chilkat Bald Eagle Preserve.

History. (§ 1 ch 95 SLA 1982)

Revisor’s notes. —

Subsection (a) was formerly the first sentence of AS 41.20.507(b). Subsection (b) was formerly AS 41.20.507(n). Reorganized and renumbered in 1983.

Sec. 41.21.613. Eminent domain prohibited.

The commissioner may not acquire private land or University of Alaska grant land located partially or completely within the Alaska Chilkat Bald Eagle Preserve by eminent domain for any purpose.

History. (§ 1 ch 95 SLA 1982)

Revisor’s notes. —

Formerly the last sentence of AS 41.20.507(b). Reorganized and renumbered in 1983.

Sec. 41.21.614. Native allotments.

Approved or pending Native allotments located partially or completely within the Alaska Chilkat Bald Eagle Preserve are not adversely affected by the establishment of the Alaska Chilkat Bald Eagle Preserve and all approved allotments and all pending allotments located partially or completely within the preserve shall be treated as private land.

History. (§ 1 ch 95 SLA 1982)

Revisor’s notes. —

Formerly AS 41.20.507(c). Renumbered in 1983.

Sec. 41.21.615. Fish and game management.

The Department of Fish and Game is responsible for the management of fish and game resources in the Alaska Chilkat Bald Eagle Preserve

1. under applicable law and consistent with the purposes of AS 41.21.610 — 41.21.630 ;
2. subject to the authority of the Secretary of the Interior to permit the taking of bald eagles for the religious purposes of an Indian tribe under 16 U.S.C. 668a (§ 2, Bald Eagle Protection Act).

History. (§ 1 ch 95 SLA 1982)

Revisor’s notes. —

Formerly AS 41.20.507(d). Renumbered in 1983.

Sec. 41.21.616. Regulations.

The department shall consult with the Department of Fish and Game, the United States Fish and Wildlife Service, a local governing body of a municipality, any local fish and game advisory committees, and the Alaska Chilkat Bald Eagle Preserve Advisory Council established by AS 41.21.625 before adoption of reasonable regulations governing public use and protection of the Alaska Chilkat Bald Eagle Preserve. The Department of Fish and Game shall consult with the department and the Alaska Chilkat Bald Eagle Preserve Advisory Council in proposing regulations governing fish and game management in the Alaska Chilkat Bald Eagle Preserve for adoption by the Board of Fisheries or the Board of Game. The Department of Fish and Game and the department shall cooperate with the United States Fish and Wildlife Service in its administration of federal law governing the conservation of bald eagles.

History. (§ 1 ch 95 SLA 1982)

Revisor’s notes. —

Formerly AS 41.20.507(e). Renumbered in 1983.

Administrative Code. —

For Eagle preserve land and water restrictions, see 11 AAC 21, art. 1.

For preserve activities; management, see 11 AAC 21, art. 2.

Sec. 41.21.617. Other uses generally.

The state land and water described in AS 41.21.611(b) is closed to mineral entry under AS 38.05.135 — 38.05.275 , to commercial harvest of timber, and to sale under state land disposal laws. The commissioner may lease the land described in AS 41.21.611(b) under AS 38.05.070 — 38.05.105 for a purpose consistent with AS 41.21.610(a) and (b). A municipality may select land within the Alaska Chilkat Bald Eagle Preserve under law.

History. (§ 1 ch 95 SLA 1982)

Revisor’s notes. —

Formerly AS 41.20.507(f). Renumbered in 1983.

Sec. 41.21.618. Traditional uses.

Continued opportunities for traditional uses of the Alaska Chilkat Bald Eagle Preserve at levels and by methods and means that are compatible with the protection of the bald eagle population are guaranteed. These historically compatible uses include but are not limited to hunting, trapping, fishing, berry picking, other subsistence and recreational uses, operation of motorized vehicles, and the harvesting of personal-use firewood. The level and method or means of traditional use may continue subject to reasonable regulation unless the director of the division of parks of the department, after consultation with the Alaska Chilkat Bald Eagle Preserve Advisory Council, makes a finding that the level or method and means of use is causing significant resource damage that is inconsistent with AS 41.21.610(a) and (b). The director of the division of parks shall hold a public hearing in Haines and Klukwan before restricting a traditional use permitted under this section.

History. (§ 1 ch 95 SLA 1982)

Revisor’s notes. —

Formerly AS 41.20.507(g). Renumbered in 1983.

Administrative Code. —

For Eagle preserve land and water restrictions, see 11 AAC 21, art. 1.

For preserve activities; management, see 11 AAC 21, art. 2.

Sec. 41.21.619. Access and rights-of-way.

If privately owned land, University of Alaska grant land, a valid mining right, an existing mineral lease, a subsurface right on private land, or other valid occupancy is surrounded by state land of the Alaska Chilkat Bald Eagle Preserve or if privately owned land, University of Alaska grant land, federal land, municipal land, or state land not described in AS 41.21.611(b) , a valid mining claim, subsurface right, or other valid occupancy on land not described in AS 41.21.611(b) does not have reasonable, timely, and economically feasible access and egress by means other than crossing land designated as Alaska Chilkat Bald Eagle Preserve land in AS 41.21.611(b), the director of the division of parks shall grant a private landowner, the University of Alaska, a holder of a valid existing right to land, or a state agency, municipality, or federal agency the rights necessary to assure reasonable, timely, and economically feasible access and egress. A permittee or licensee of an owner of land or the holder of a valid existing right to land may use access and egress granted under this subsection. The rights of access and egress granted under this subsection are subject to reasonable regulation and stipulations established by the director of the division of parks after consulting with the Alaska Chilkat Bald Eagle Preserve Advisory Council to protect the purposes and values of the Alaska Chilkat Bald Eagle Preserve and to minimize adverse environmental impacts in the preserve. As used in this subsection, “valid existing right” includes but is not limited to a valid mining right, an existing mineral right, and a subsurface right. The director of the division of parks shall give favorable consideration to applications for utility rights-of-way that are compatible with AS 41.21.610(a) and (b).

History. (§ 1 ch 95 SLA 1982)

Revisor’s notes. —

Formerly AS 41.20.507(h). Renumbered in 1983.

Sec. 41.21.620. Management plan.

1. The director of the division of parks and the Alaska Chilkat Bald Eagle Advisory Council established under AS 41.21.625 , in written consultation with the United States Fish and Wildlife Service, the Department of Fish and Game, the Chilkat Indian Village, the Chilkoot Indian Association, and other appropriate groups, may use information gained through cooperative resource studies in the development of the management plan for the Alaska Chilkat Bald Eagle Preserve and in decisions affecting the management and administration of the preserve.  The director of the division of parks and the advisory council shall investigate the need for additional research to increase the knowledge and understanding of the natural and cultural resources of the area and to enhance the effective management of the Alaska Chilkat Bald Eagle Preserve.
2. The director of the division of parks and the director of the division of forestry shall consult in the preparation of the management plan prepared under (a) of this section to promote effective, efficient, and coordinated administration of the Haines State Forest Resource Management Area and the Alaska Chilkat Bald Eagle Preserve for the purposes and values for which each is established.

History. (§ 1 ch 95 SLA 1982)

Revisor’s notes. —

Formerly AS 41.20.507(i) and (m). Renumbered in 1983.

Sec. 41.21.621. Additions or deletions to preserve.

An agency of the state may not participate or cooperate with a federal or private study considering additions to or deletions from the area of the Alaska Chilkat Bald Eagle Preserve without giving 90 days’ prior notice to the Alaska Chilkat Bald Eagle Preserve Advisory Council. The director of the division of parks may waive the notice required by this subsection on the director’s determination in writing to the advisory council that an emergency necessitates immediate study or a shorter period of notice to the advisory council.

History. (§ 1 ch 95 SLA 1982)

Revisor’s notes. —

Formerly AS 41.20.507(j). Renumbered in 1983.

Sec. 41.21.622. Historical, cultural and burial sites.

Historical, cultural, and burial sites identified in the Alaska Chilkat Bald Eagle Preserve management plan are not available for surface disposal under AS 41.21.617 and shall be managed by the director of the division of parks to prevent vandalism, destruction, and desecration.

History. (§ 1 ch 95 SLA 1982)

Revisor’s notes. —

Formerly AS 41.20.507( l ). Renumbered in 1983.

Sec. 41.21.625. Alaska Chilkat Bald Eagle Preserve Advisory Council.

1. A 12-member Alaska Chilkat Bald Eagle Preserve Advisory Council is established.  The members of the advisory council shall be selected under this section.
2. The governor shall appoint individuals to the Alaska Chilkat Bald Eagle Preserve Advisory Council representing the following interests for a two-year term:
   1. a resident of the Haines Borough representing a conservation organization;
   2. a representative of the United States Fish and Wildlife Service; and
   3. a member of the Upper Lynn Canal fish and game advisory committee.
3. The mayor of the Haines Borough, the president of Klukwan, Inc., the chair of the Council of the Chilkat Indian Village, and the chair of the Chilkoot Indian Association are ex officio members of the Alaska Chilkat Bald Eagle Preserve Advisory Council. A member of the Haines Borough Assembly who has been selected by the Haines Borough Assembly is also an ex officio member of the advisory council. For this selection, preference shall be given to those members of the Haines Borough Assembly who do not also sit on boards that are already represented on the advisory council. The mayor of the Haines Borough may recommend to the governor for appointment to the advisory council the name of a resident of the Haines Borough for the representation of commercial or industrial interests.
4. The commissioner of fish and game, the director of the division of parks, and the director of the division of forestry, or their designees, serve ex officio as members of the Alaska Chilkat Bald Eagle Preserve Advisory Council.
5. The Alaska Chilkat Bald Eagle Preserve Advisory Council shall assist the department in the development and monitoring of a management plan for the Alaska Chilkat Bald Eagle Preserve. The management plan shall be presented at public hearings in Haines and Klukwan before approval and implementation by the department.
6. Members of the Alaska Chilkat Bald Eagle Preserve Advisory Council selected under (b) — (d) of this section may select alternates to act as members of the advisory council in their absence.

History. (§ 1 ch 95 SLA 1982; am § 1 ch 94 SLA 2006)

Revisor’s notes. —

Formerly AS 41.20.515. Renumbered in 1983.

Sec. 41.21.630. Existing rights.

The establishment of the Alaska Chilkat Bald Eagle Preserve under AS 41.21.610 — 41.21.630 does not enlarge, diminish, add to, or waive a requirement of law otherwise applicable to the management or use of the state land of the Haines State Forest Resource Management Area (AS 41.15.300 — 41.15.330 ) or private land. An activity allowed under law on land not described in AS 41.21.611(b) , including but not limited to an activity described in AS 41.21.618 , timber harvest, mining, resource development, and recreation, is permitted so long as the activity is conducted in compliance with law.

History. (§ 1 ch 95 SLA 1982)

Revisor’s notes. —

Formerly AS 41.20.525. Renumbered in 1983.

Sec. 41.21.800. Selection of sites.

The department and the Department of Transportation and Public Facilities shall jointly select sites of ten acres or less for their historic or scenic value, or for recreation beaches along waterways, roadside rests for travelers resting, camping, or parking, and determine what facilities are necessary or desirable at these sites. Selection of the sites for roadside rests and recreation beaches shall be based upon the flow of traffic and distances to and between facilities otherwise provided. Insofar as possible, sites shall be located on, or adjacent to, highway rights-of-way and small boat waterways. The department may acquire the sites jointly selected by grant, gift, purchase, lease, dedication, or prescription and hold them in the name of the state.

History. (§ 1 ch 174 SLA 1955; am E.O. No. 39, § 11 (1977))

Revisor’s notes. —

Formerly AS 41.20.050. Renumbered in 1983.

Sec. 41.21.805. Construction and maintenance of facilities.

The Department of Transportation and Public Facilities may construct and maintain facilities at scenic sites, recreation beaches or roadside rests as are determined to be necessary and desirable. Facilities may include, but are not limited to, access roads, camp facilities, including picnic tables, fireplaces and toilets, camping areas or other facilities that are considered necessary and desirable for the convenience and benefit of travelers and small boat operators.

History. (§ 2 ch 174 SLA 1955)

Revisor’s notes. —

Formerly AS 41.20.060. Renumbered in 1983.

Sec. 41.21.850. Wilderness trails and campsites.

There is established in the state a system of wilderness trails and campsites.

History. (§ 1 ch 102 SLA 1969)

Revisor’s notes. —

Enacted as AS 41.20.050. Renumbered as AS 41.20.070 in 1969. Renumbered again in 1983.

Sec. 41.21.852. Selection.

The department, in consultation with the Departments of Fish and Game and Transportation and Public Facilities, shall designate a system of wilderness trails and campsites throughout the state. Significant in the selection shall be the scenic, historic, natural, or cultural qualities of the areas through which the trails may pass. The department may acquire the trail sites jointly selected by grant, gift, purchase, lease, dedication, or prescription and hold them in the name of the state.

History. (§ 1 ch 102 SLA 1969; am E.O. No. 39, § 11 (1977))

Revisor’s notes. —

Enacted as AS 41.20.060. Renumbered as AS 41.20.080 in 1969. Renumbered again in 1983.

Sec. 41.21.854. Uniform marker.

The commissioner shall establish a uniform marker for the wilderness trails system.

History. (§ 1 ch 102 SLA 1969)

Revisor’s notes. —

Enacted as AS 41.20.070. Renumbered as AS 41.20.090 in 1969. Renumbered again in 1983.

Sec. 41.21.856. Regulations.

The commissioner shall adopt regulations concerning the use, management, development, and administration of the trails.

History. (§ 1 ch 102 SLA 1969)

Revisor’s notes. —

Enacted as AS 41.20.080. Renumbered as AS 41.20.100 in 1969. Renumbered again in 1983.

Sec. 41.21.858. Campsites; work by prisoners.

1. The Department of Transportation and Public Facilities may construct and maintain campsites throughout the wilderness trails system. Campsites may include any type of shelter or camp facility considered necessary and desirable for the benefit and convenience of travelers.
2. As an aid to the construction and maintenance of trails and campsites under (a) of this section, the commissioner of corrections is authorized to establish a program that would allow prisoners to volunteer for work on the trails and campsites.  The commissioner is authorized to grant remuneration for the work, either in money or reduction of sentence, which the commissioner considers sufficient.

History. (§ 1 ch 102 SLA 1969; am § 6 ch 104 SLA 1971; am E.O. No. 55, § 36 (1984))

Revisor’s notes. —

Enacted as AS 41.20.090. Renumbered as AS 41.20.110 in 1969. Renumbered again in 1983.

Cross references. —

For employment and compensation of prisoners, see AS 33.30.191 and 33.30.201 .

Administrative Code. —

For operations, see 22 AAC 5, art. 3.

Sec. 41.21.860. Federal financial assistance.

The commissioner is authorized to consider the feasibility of any form of financial assistance available to the state for the planning, acquisition, or development of trails under 16 U.S.C. 460d, 460l-4 to 460l-11 and 23 U.S.C. 120 (note) (P.L. 88-578, Land and Water Conservation Fund Act of 1965).

History. (§ 1 ch 102 SLA 1969)

Revisor’s notes. —

Enacted as AS 41.20.100. Renumbered as AS 41.20.120 in 1969. Renumbered again in 1983.

Sec. 41.21.864. Grants for the establishment of trails and footpaths.

1. Within the limits of available appropriations, a city or borough of any class is entitled to state grants for the purpose of acquiring land or rights-of-way over land and establishing and maintaining trails and footpaths on that land or those rights-of-way.
2. Within the limits of available appropriations, the Department of Transportation and Public Facilities is entitled to state grants for the establishment and maintenance of footpaths and trails along certain designated existing highways or when a highway, road or street is being constructed, reconstructed or relocated after June 7, 1972.
3. Before a grant is awarded under this section, application shall be submitted to the commissioner of natural resources, accompanied by a comprehensive plan for the establishment of trails and paths.  The plan may provide for ski trails, dog sled trails, motorized vehicle trails, bicycle paths, bridle paths, footpaths and other trails and paths, and designate separate and incompatible uses of these trails and paths.
4. Upon approval of the plan, funds shall be utilized and disbursed to cities and boroughs and to the Department of Transportation and Public Facilities according to regulations adopted by the commissioner of natural resources.
5. Before the distribution of funds by the commissioner, consideration shall be given to the extent of funding available under other federal, local and state aid programs.
6. Nothing in AS 41.21.864 — 41.21.872 prohibits a city or borough for which a grant is authorized from entering into an agreement with the Department of Natural Resources for the establishment and maintenance of trails and footpaths outside cities and boroughs.

History. (§ 1 ch 107 SLA 1972; am § 1 ch 75 SLA 1974)

Revisor’s notes. —

Formerly AS 41.20.355. Renumbered in 1983.

Administrative Code. —

For jurisdiction and procedure, see 11 AAC 15, art. 1.

Sec. 41.21.866. Paths and trails along highways.

The commissioner of transportation and public facilities shall administer the plan and program providing for the establishment and maintenance of footpaths, bridle paths, bicycle paths, ski trails, dog sled trails, motorized vehicle trails, and other paths and trails along certain designated existing highways, or when a highway, road, or street is being constructed, reconstructed, or relocated after June 7, 1972. Trails established under an approved plan submitted by the Department of Transportation and Public Facilities may be used for those types of uses written into the plan. A uniform system of marking the paths and trails established under this section shall be established by the commissioner of transportation and public facilities.

History. (§ 1 ch 107 SLA 1972; am § 2 ch 75 SLA 1974)

Revisor’s notes. —

Formerly AS 41.20.360. Renumbered in 1983.

Sec. 41.21.868. Authorization of funds.

1. An amount of not less than three-eighths of one percent nor more than one percent of the total yearly state and federal matching sum combined, under the federal-aid highways program (23 U.S.C.), shall be appropriated annually from the general fund to the department for the purposes of providing grants to eligible cities and boroughs for trails, footpaths, and shelter construction and maintenance in appropriate areas, including but not limited to existing park and recreation areas and for the purpose of providing grants to the Department of Transportation and Public Facilities for developing the program specified in AS 41.21.864(b) and 41.21.866 .
2. Except as provided in (c) of this section, the sums appropriated under this section shall continue to be available for expenditure by the departments or by eligible cities and boroughs for a period of three years after the close of the fiscal year for which the sums are authorized, unless they are obligated for expenditure, in which case they shall remain available until spent.  Any amounts not obligated remaining unexpended at the end of the three-year period lapse.
3. The amount expended by a city or borough under AS 41.21.864 (a) or by the Department of Transportation and Public Facilities under AS 41.21.864(b) and 41.21.866 , may not in any one fiscal year be less than 10 percent of the total amount of the funds it receives in that year for the purposes authorized in AS 41.21.864 — 41.21.872 .

History. (§ 1 ch 107 SLA 1972; am § 3 ch 75 SLA 1974)

Revisor’s notes. —

Formerly AS 41.20.365. Renumbered in 1983.

Sec. 41.21.870. Use and marking of trails and footpaths.

Trails established under AS 41.21.864(a) may be used for more than one type of transportation, motorized or nonmotorized, as considered appropriate by the commissioner. Except along highways within the jurisdiction of the Department of Transportation and Public Facilities, the department shall provide a uniform system of marking trails and footpaths.

History. (§ 1 ch 107 SLA 1972)

Revisor’s notes. —

Formerly AS 41.20.370. Renumbered in 1983.

Sec. 41.21.872. Reports.

Cities and boroughs receiving grants under AS 41.21.864 — 41.21.872 shall submit to the commissioner complete reports covering their expenditures relating to the establishment of trails and footpaths. Reports shall be submitted annually on projects extending over 12 months. Reports on shorter projects shall be submitted at the completion of the project.

History. (§ 1 ch 107 SLA 1972)

Revisor’s notes. —

Formerly AS 41.20.375. Renumbered in 1983.

Sec. 41.21.900. Purpose of AS 41.21.900 — 41.21.908.

The purpose of AS 41.21.900 — 41.21.908 is to provide avenues of action for youth in the state interested in the preservation of a healthy environment by establishing a volunteer corps to teach and practice conservation on all levels of activities which are environment related. The aim is to foster and supplement programs on the local and state level and provide some of the manpower needed to successfully accomplish the goal of a healthy and pleasant environment in which to live.

History. (§ 1 ch 168 SLA 1972)

Revisor’s notes. —

Formerly AS 41.20.385. Renumbered in 1983.

Sec. 41.21.902. Alaska Conservation Action Corps created.

There is created in the division of parks of the department the Alaska Conservation Action Corps.

History. (§ 1 ch 168 SLA 1972)

Revisor’s notes. —

Formerly AS 41.20.385. Renumbered in 1983.

Sec. 41.21.904. Activities of corps.

The corps may be assigned

1. to provide staff services for public agencies involved in planning for the future of our environment;
2. tasks of cleaning litter from city streets, highways, local parks, neighborhoods, beaches, natural forests, rivers, creeks, state and national parks on a continuing basis;
3. to participate in neighborhood improvement programs including the creation of neighborhood parks and playgrounds, supplementing local government efforts on a voluntary basis on request;
4. to fire prevention activities in forest land, including the cleaning of brush and deadfalls and the construction and maintenance of fire trails and firebreaks and firefighting in time of need;
5. the task of building and maintaining hiking and riding trails and campsites, improving wildlife habitats and protection of wildlife refuges and wilderness areas under supervision of the Department of Fish and Game;
6. to participate in drainage and erosion control improvements on public land and the reforestation of fire-devastated areas;
7. the task of conducting conservation summer camp programs for youths to learn and practice conservation skills;
8. monitoring duties in areas of environmental concern where control and enforcement are maintained such as the monitoring of air and water pollution levels or checking on how well developers are meeting subdivision regulations.

History. (§ 1 ch 168 SLA 1972)

Revisor’s notes. —

Formerly AS 41.20.395. Renumbered in 1983.

Sec. 41.21.906. Compensation.

1. Part-time corps members shall be paid on an hourly basis, to be determined by the commissioner.
2. Compensation for corps members who are involved in continuous service in an away-from-home situation shall be set on a weekly or monthly basis to be determined by the commissioner.

History. (§ 1 ch 168 SLA 1972)

Revisor’s notes. —

Formerly AS 41.20.400. Renumbered in 1983.

Sec. 41.21.908. Nonapplicability of child labor laws.

AS 23.10.325 — 23.10.370 do not apply to AS 41.21.900 — 41.21.908 .

History. (§ 1 ch 168 SLA 1972)

Revisor’s notes. —

Formerly AS 41.20.405. Renumbered in 1983.

Sec. 41.21.910. Alaska Youth Hostel System established.

There is established the Alaska youth hostel system administered by the division of parks of the department.

History. (§ 1 ch 39 SLA 1977)

Revisor’s notes. —

Formerly AS 41.20.410. Renumbered in 1983.

Sec. 41.21.912. Duties of division.

The division shall

1. after consultation with community organizations or individuals and after maximum utilization of existing local effort, plan and facilitate the implementation of a statewide system of youth hostel facilities;
2. administer a program of grants to eligible nonprofit corporations, municipalities, and organizations for construction, maintenance, and operation of youth hostels;
3. cooperate and consult with national or international organizations established for the purpose of establishing or regulating youth hostel facilities and follow, where appropriate, the specific guidelines established by the American Youth Hostel Association and the International Youth Hostel Association;
4. adopt, in accordance with AS 44.62 (Administrative Procedure Act), regulations governing the establishment and administration of youth hostel facilities.

History. (§ 1 ch 39 SLA 1977)

Revisor’s notes. —

Formerly AS 41.20.420. Renumbered in 1983.

Sec. 41.21.914. Hostel locations.

In developing the statewide system of Alaska youth hostels, the division shall, within the limits of available funding, and after receiving the recommendations of the coordinator of the Alaska youth hostel program, establish at least one youth hostel in each of the five following major regions of the state: arctic, southcentral, interior, southwestern, and southeastern. Hostel facilities shall be located, when possible, within major population areas within those regions. Other hostels may be established within the five regions as funding permits.

History. (§ 1 ch 39 SLA 1977)

Revisor’s notes. —

Formerly AS 41.20.430. Renumbered in 1983.

Sec. 41.21.916. Hostel facility.

Each youth hostel facility shall be equipped with suitable toilet and kitchen facilities. Each facility shall be supervised under regulations adopted by the division of parks.

History. (§ 1 ch 39 SLA 1977)

Revisor’s notes. —

Formerly AS 41.20.440. Renumbered in 1983.

Sec. 41.21.918. Duties of coordinator.

The director of the division of parks shall designate a member of the division staff as coordinator of the Alaska youth hostel program. The coordinator shall

1. recommend to the division of parks locations for the construction of youth hostels;
2. advise the division on use policy for the Alaska youth hostel system;
3. render other assistance considered necessary and appropriate by the division;
4. establish criteria for the grant programs authorized under AS 41.21.912 (2) and have approval authority for grants made under AS 41.21.912 (2).

History. (§ 1 ch 39 SLA 1977)

Revisor’s notes. —

Formerly AS 41.20.450. Renumbered in 1983.

Sec. 41.21.950. Penalty.

A person who violates a provision of this chapter or a regulation adopted under this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both.

History. (§ 1 ch 161 SLA 1970)

Revisor’s notes. —

Enacted as AS 41.20.200. Renumbered as AS 41.20.043 in 1970. Renumbered again in 1983.

Administrative Code. —

For state park land and water restrictions, see 11 AAC 12, art. 1.

For park uses, see 11 AAC 18, art. 1.

For Chugach state park, see 11 AAC 20, art. 1.

For Kachemak Bay state park, see 11 AAC 20, art. 2.

For Denali state park, see 11 AAC 20, art. 6.

For Chena River state recreation area, see 11 AAC 20, art. 8.

For Alaska marine parks, see 11 AAC 20, art. 14.

For Shuyak Island state park, see 11 AAC 20, art. 16.

Sec. 41.21.955. Enforcement authority.

1. For offenses committed within parks and recreational facilities subject to the department’s supervision, the following persons are peace officers of the state and they shall enforce the provisions of this chapter and the regulations adopted under this chapter:
   1. an employee of the department authorized by the commissioner;
   2. a police officer in the state;
   3. any other person authorized by the commissioner.
2. Each person designated in (a) of this section may, when enforcing the provisions of this chapter or a regulation adopted under this chapter,
   1. execute a warrant or other process issued by an officer or court of competent jurisdiction;
   2. administer or take an oath, affirmation, or affidavit; and
   3. arrest or issue a citation to a person who violates a provision of this chapter or a regulation adopted under this chapter.

History. (§ 1 ch 161 SLA 1970; am § 2 ch 102 SLA 1984)

Revisor’s notes. —

Enacted as AS 41.20.210. Renumbered as AS 41.20.045 in 1970. Renumbered again in 1983.

Administrative Code. —

For state park land and water restrictions, see 11 AAC 12, art. 1.

For park uses, see 11 AAC 18, art. 1.

For special provisions, see 11 AAC 20, art. 18.

Sec. 41.21.960. Form and issuance of citation.

1. When a peace officer stops or contacts a person concerning the commission of a misdemeanor offense committed within a park or recreational facility subject to the department’s supervision, the officer may issue a citation to the person, subject to the provisions of AS 12.25.175 — 12.25.230 . The person receiving the citation may not be required to endorse the citation.
2. The state supreme court shall identify those offenses that are amenable to disposition without court appearance and shall establish by rule or order a schedule of bail amounts, not to exceed fines prescribed by law, for those offenses.  Before establishing or amending the schedule of bail amounts required by this subsection, the supreme court shall appoint and consult with an advisory committee consisting of two persons from the department, two district court judges, one member of the House Resources Committee, and one member of the Senate Resources Committee of the legislature.  If the offense for which the citation is issued is one that may be disposed of without court appearance, the citing officer shall write on the citation the amount of bail applicable to the cited offense.
3. If a person cited for an offense for which a bail amount has been established under (b) of this section does not contest the citation, the person may, on or before the 30th day after the date of the citation, mail or personally deliver to the clerk of the court having jurisdiction over the place where the offense occurred
   1. the amount of bail indicated on the citation for that offense; and
   2. a copy of the citation indicating the offender’s waiver of appearance, plea of no contest, and direction to forfeit the bail and any items seized from the offender.
4. When bail has been forfeited under this section, a judgment of conviction shall be entered. Forfeiture under this section of bail and items seized from the offender is a complete satisfaction for the offense, and the clerk of the court shall provide the offender with a receipt stating that fact if requested.
5. A person cited under this section is guilty of failure to obey a citation under AS 12.25.230 if the person fails to pay the bail amount established under (b) of this section or fails to appear in court as required.
6. Notwithstanding other provisions of law, if a person cited for a misdemeanor for which a bail amount has been established under (b) of this section appears in court and is found guilty, the penalty that is imposed for the offense may not exceed the bail amount for that offense established under (b) of this section.

History. (§ 3 ch 102 SLA 1984; am § 4 ch 25 SLA 1995; am § 46 ch 30 SLA 1996; am §§ 41 — 43 ch 29 SLA 2010)

Cross references. —

For parks bail forfeiture schedule, see Alaska Court Rule of Administration 43.3.

Effect of amendments. —

The 2010 amendment, effective July 1, 2010, in (a), substituted “AS 12.25.175 — 12.25.230 ” for “AS 12.25.180 — 12.25.230 ”; in (c), substituted “If a” for “A”, added “does not contest the citation, the person” following “under (b) of this section”, and substituted “on or before the 30th day after” for “within 15 days from”; rewrote (e).

Editor’s notes. —

Under § 61, ch. 29, SLA 2010, the 2010 amendments to (a), (c), and (e) of this section apply “to all citations issued . . . for violations occurring on or after July 1, 2010.”

Sec. 41.21.990. Definitions.

In this chapter,

1. “scenic park” means relatively spacious areas of outstanding natural significance, where major values are in their natural geological, faunal, or floral characteristics, the purpose of which is directed primarily toward the preservation of its outstanding natural features and where development is minimal and only for the purpose of making the areas available for public enjoyment in a manner consistent with the preservation of the natural values such as camping, picnicking, sightseeing, nature study, hiking, riding, and related activities which involve no major modification of the land, forests, or waters, and without extensive introduction of artificial features or forms of recreational development that are primarily of urban character;
2. “wilderness park” means an area whose predominant character is the result of the interplay of natural processes, large enough and so situated as to be unaffected, except in minor ways, by what takes place in the nonwilderness around it, a physical condition which activates the innermost emotions of the observer and where development of man-made objects will be strictly limited and depend entirely on good taste and judgment so that the wilderness values are not lost.

History. (§ 1 ch 161 SLA 1970; am § 1 ch 82 SLA 1972; am § 43 ch 85 SLA 1988)

Revisor’s notes. —

Enacted as AS 41.20.220. Renumbered as AS 41.20.047 in 1970. Renumbered again in 1983.

Cross references. —

For additional definitions, see AS 41.99.900 .

Sec. 41.23.010. Purpose of AS 41.23.010 — 41.23.040.

The purpose of AS 41.23.010 — 41.23.040 is to establish the area described in AS 41.23.040 as the Nelchina Public Use Area. The Nelchina Public Use Area is established to

1. protect and maintain fish and wildlife habitat, particularly caribou calving areas, trumpeter swan nesting areas, and other important habitats for moose, Dall sheep, and brown bear so that traditional public uses of fish and wildlife populations may continue;
2. perpetuate and enhance public enjoyment of fish and wildlife and their habitat including fishing, hunting, trapping, viewing, and photography;
3. perpetuate and enhance general public recreation in a quality environment;
4. perpetuate and enhance additional public uses described in the Susitna Area Plan;
5. allow additional public uses of the area in a manner compatible with the purposes specified in (1) — (4) of this section.

History. (§ 1 ch 48 SLA 1985)

Editor’s notes. —

Section 2, ch. 48, SLA 1985 provides: “Nothing in AS 41.23.010 — 41.23.040 as enacted in § 1 of this Act may be construed to restrict the development and establishment of the Susitna Hydroelectric Project.”

Sec. 41.23.020. Management.

1. Management of the surface and subsurface estate of the Nelchina Public Use Area is the responsibility of the department.  After adequate public hearings the commissioner may designate incompatible uses and shall adopt and may revise a management plan for the Nelchina Public Use Area.  With regard to the management of land within the central caribou calving area described in  AS 41.23.040(b) , the commissioner shall obtain the concurrence of the Department of Fish and Game in the adoption and revision of the management plan. With regard to the management of land within the public use area described in  AS 41.23.040(c) , the commissioner shall consult with the Department of Fish and Game in the adoption and revision of the management plan.
2. The Department of Fish and Game is responsible for the management of fish and game resources and public use of fish and wildlife in the Nelchina Public Use Area consistent with the purposes of  AS 41.23.010 .
3. The Nelchina Public Use Area shall be open to mineral entry under  AS 38.05.185 — 38.05.275 , and the commissioner may adopt regulations to achieve the purposes specified in  AS 41.23.010 .  Each valid existing right or permit shall remain valid and continue in full force and effect according to its terms.  Exploration, development, and extraction of subsurface resources shall be allowed in a manner that is compatible with the purposes specified in  AS 41.23.010 (1) — (4).
4. The state may not acquire by eminent domain privately owned land within or abutting state-owned land described in  AS 41.23.040 but may acquire privately owned land by purchase, exchange, or otherwise for inclusion in the Nelchina Public Use Area.
5. The commissioner may not manage the Nelchina Public Use Area as a unit of the state park system.

History. (§ 1 ch 48 SLA 1985)

Sec. 41.23.030. Incompatible uses.

1. Except as provided in this section, the commissioner may prohibit or restrict incompatible uses under the management plan adopted under  AS 41.23.020 within the state-owned land and water described in  AS 41.23.040 .
2. Nothing in  AS 41.23.010 — 41.23.040 prohibits the Department of Fish and Game from engaging in rehabilitation, enhancement, and development of fish and wildlife habitat within an area described in  AS 41.23.040 .
3. The commissioner may not restrict lawful sport and subsistence fishing, hunting, or trapping rights allowed under a regulation of the Board of Fisheries or the Board of Game within the Nelchina Public Use Area.
4. The commissioner shall allow traditional access to the Nelchina Public Use Area by motorized or nonmotorized means of transportation to private land, interests in private land, and for lawful sport and subsistence hunting, fishing, trapping, and recreational purposes in a manner that is compatible with purposes specified in  AS 41.23.010 (1) — (4).
5. The Department of Public Safety and the Department of Fish and Game shall have necessary access for fish and game management, research, and enforcement purposes.
6. If the commissioner determines that a use is incompatible with one or more other uses in a portion of the Nelchina Public Use Area, the commissioner shall state in the management plan adopted or revised under  AS 41.23.020
   1. each determination of incompatibility;
   2. the specific area where the incompatibility is determined to exist;
   3. the time within which the incompatibility is determined to exist; and
   4. the reasons for each determination of incompatibility.

History. (§ 1 ch 48 SLA 1985)

Sec. 41.23.040. Nelchina Public Use Area.

1. The vacant and unappropriated state-owned land and water and the state land and water acquired in the future that lie within the boundaries described in this section are designated as the Nelchina Public Use Area, are reserved for all uses compatible with their primary function as public use land, and are assigned to the department for control and management.
2. The land described in this subsection is the central caribou calving area:
   1. Township 5 North, Range 10 West, Copper River Meridian,
   2. Township 6 North, Range 10 West, Copper River Meridian,
   3. Township 7 North, Range 10 West, Copper River Meridian,
   4. Township 8 North, Range 10 West, Copper River Meridian,
   5. Township 9 North, Range 10 West, Copper River Meridian,
   6. Township 10 North, Range 10 West, Copper River Meridian, those portions of Sections 2  —  4 and 11 lying south of the Tyone River and
   7. Township 23 North, Range 8 East, Seward Meridian,
   8. Township 23 North, Range 9 East, Seward Meridian,
   9. Township 23 North, Range 10 East, Seward Meridian,
   10. Township 23 North, Range 11 East, Seward Meridian,
   11. Township 23 North, Range 12 East, Seward Meridian,
   12. Township 24 North, Range 7 East, Seward Meridian,
   13. Township 24 North, Range 8 East, Seward Meridian;
   14. Township 24 North, Range 9 East, Seward Meridian;
   15. Township 24 North, Range 10 East, Seward Meridian;
   16. Township 24 North, Range 11 East, Seward Meridian;
   17. Township 24 North, Range 12 East, Seward Meridian,
   18. Township 25 North, Range 7 East, Seward Meridian,
   19. Township 25 North, Range 8 East, Seward Meridian;
   20. Township 25 North, Range 9 East, Seward Meridian;
   21. Township 25 North, Range 10 East, Seward Meridian;
   22. Township 25 North, Range 11 East, Seward Meridian;
   23. Township 25 North, Range 12 East, Seward Meridian;
   24. Township 26 North, Range 7 East, Seward Meridian,
   25. Township 26 North, Range 8 East, Seward Meridian;
   26. Township 26 North, Range 9 East, Seward Meridian;
   27. Township 26 North, Range 10 East, Seward Meridian;
   28. Township 26 North, Range 11 East, Seward Meridian;
   29. Township 26 North, Range 12 East, Seward Meridian;
   30. Township 27 North, Range 6 East, Seward Meridian,
   31. Township 27 North, Range 7 East, Seward Meridian;
   32. Township 27 North, Range 8 East, Seward Meridian;
   33. Township 27 North, Range 9 East, Seward Meridian;
   34. Township 27 North, Range 10 East, Seward Meridian;
   35. Township 27 North, Range 11 East, Seward Meridian;
   36. Township 27 North, Range 12 East, Seward Meridian;
   37. Township 28 North, Range 6 East, Seward Meridian,
   38. Township 28 North, Range 7 East, Seward Meridian;
   39. Township 28 North, Range 8 East, Seward Meridian;
   40. Township 28 North, Range 9 East, Seward Meridian;
   41. Township 28 North, Range 10 East, Seward Meridian;
   42. Township 28 North, Range 11 East, Seward Meridian;
   43. Township 28 North, Range 12 East, Seward Meridian;
   44. Township 29 North, Range 5 East, Seward Meridian,
   45. Township 29 North, Range 6 East, Seward Meridian;
   46. Township 29 North, Range 7 East, Seward Meridian;
   47. Township 29 North, Range 8 East, Seward Meridian;
   48. Township 29 North, Range 9 East, Seward Meridian;
   49. Township 29 North, Range 10 East, Seward Meridian;
   50. That portion of Township 29 North, Range 11 East, Seward Meridian, lying south of the Susitna River;
   51. Township 29 North, Range 12 East, Seward Meridian,
   52. Township 30 North, Range 6 East, Seward Meridian,
   53. Township 30 North, Range 7 East, Seward Meridian,
   54. Township 30 North, Range 8 East, Seward Meridian;
   55. That portion of Township 30 North, Range 9 East, Seward Meridian, lying southeast of the Susitna River;
   56. That portion of Township 30 North, Range 10 East, Seward Meridian, lying south of the Susitna River;
   57. That portion of Township 30 North, Range 11 East, Seward Meridian, lying south of the Susitna River;
   58. That portion of Township 30 North, Range 12 East, Seward Meridian, lying south of the Susitna and Tyone Rivers;
   59. Township 31 North, Range 7 East, Seward Meridian,
   60. That portion of Township 31 North, Range 8 East, Seward Meridian, lying south of the Susitna River;
   61. That portion of Township 31 North, Range 9 East, Seward Meridian, lying south of the Susitna River;
   62. Township 31 North, Range 10 East, Seward Meridian, that portion of section 31 lying southeast of the Susitna River.
3. The land described within this subsection is the area of the Nelchina Public Use Area that is outside of the central caribou calving area:
   1. Township 21 North, Range 6 East, Seward Meridian,
   2. Township 21 North, Range 7 East, Seward Meridian,
   3. Township 21 North, Range 8 East, Seward Meridian;
   4. Township 21 North, Range 9 East, Seward Meridian;
   5. Township 21 North, Range 10 East, Seward Meridian;
   6. Township 22 North, Range 6 East, Seward Meridian,
   7. Township 22 North, Range 7 East, Seward Meridian;
   8. Township 22 North, Range 8 East, Seward Meridian;
   9. Township 22 North, Range 9 East, Seward Meridian;
   10. Township 22 North, Range 10 East, Seward Meridian;
   11. Township 22 North, Range 11 East, Seward Meridian;
   12. Township 22 North, Range 12 East, Seward Meridian,
   13. Township 23 North, Range 6 East, Seward Meridian;
   14. Township 23 North, Range 7 East, Seward Meridian;
   15. Township 23 North, Range 8 East, Seward Meridian,
   16. Township 23 North, Range 9 East, Seward Meridian,
   17. Township 23 North, Range 10 East, Seward Meridian,
   18. Township 23 North, Range 11 East, Seward Meridian,
   19. Township 23 North, Range 12 East, Seward Meridian,
   20. Township 24 North, Range 6 East, Seward Meridian;
   21. Township 24 North, Range 7 East, Seward Meridian,
   22. Township 24 North, Range 12 East, Seward Meridian,
   23. Township 25 North, Range 4 East, Seward Meridian;
   24. Township 25 North, Range 5 East, Seward Meridian;
   25. Township 25 North, Range 6 East, Seward Meridian;
   26. Township 25 North, Range 7 East, Seward Meridian,
   27. Township 26 North, Range 3 East, Seward Meridian;
   28. Township 26 North, Range 4 East, Seward Meridian;
   29. Township 26 North, Range 5 East, Seward Meridian;
   30. Township 26 North, Range 6 East, Seward Meridian;
   31. Township 26 North, Range 7 East, Seward Meridian,
   32. Township 27 North, Range 3 East, Seward Meridian;
   33. Township 27 North, Range 4 East, Seward Meridian;
   34. Township 27 North, Range 5 East, Seward Meridian;
   35. Township 27 North, Range 6 East, Seward Meridian,
   36. Township 28 North, Range 3 East, Seward Meridian;
   37. Township 28 North, Range 4 East, Seward Meridian;
   38. Township 28 North, Range 5 East, Seward Meridian;
   39. Township 28 North, Range 6 East, Seward Meridian,
   40. Township 29 North, Range 3 East, Seward Meridian;
   41. Township 29 North, Range 4 East, Seward Meridian;
   42. Township 29 North, Range 5 East, Seward Meridian,
   43. Township 29 North, Range 12 East, Seward Meridian,
   44. Township 30 North, Range 3 East, Seward Meridian;
   45. Township 30 North, Range 4 East, Seward Meridian;
   46. Township 30 North, Range 5 East, Seward Meridian;
   47. Township 30 North, Range 6 East, Seward Meridian,
   48. Township 30 North, Range 7 East, Seward Meridian,
   49. That portion of Township 31 North, Range 3 East, Seward Meridian, lying south of the Susitna River;
   50. That portion of Township 31 North, Range 4 East, Seward Meridian, lying south of the Susitna River;
   51. Township 31 North, Range 5 East, Seward Meridian;
   52. Township 31 North, Range 6 East, Seward Meridian;
   53. Township 31 North, Range 7 East, Seward Meridian, those portions of Sections 2  —  4 and Sections 11  —  12 lying south of the Susitna River, and
   54. That portion of Township 32 North, Range 4 East, Seward Meridian, lying south of the Susitna River;
   55. That portion of Township 32 North, Range 5 East, Seward Meridian, lying south of the Susitna River;
   56. That portion of Township 32 North, Range 6 East, Seward Meridian, lying south of the Susitna River;
   57. That portion of Township 32 North, Range 7 East, Seward Meridian, lying south of the Susitna River;
   58. Township 3 North, Range 9 West, Copper River Meridian,
   59. Township 3 North, Range 10 West, Copper River Meridian;
   60. Township 3 North, Range 11 West, Copper River Meridian;
   61. Township 4 North, Range 9 West, Copper River Meridian, all sections except for portions of sections 20 and 29 described as John Lake Subdivision (ASLS-82-190);
   62. Township 4 North, Range 10 West, Copper River Meridian;
   63. Township 4 North, Range 11 West, Copper River Meridian;
   64. Township 5 North, Range 9 West, Copper River Meridian;
   65. Township 5 North, Range 10 West, Copper River Meridian,
   66. Township 6 North, Range 9 West, Copper River Meridian;
   67. Township 6 North, Range 10 West, Copper River Meridian,
   68. Township 7 North, Range 9 West, Copper River Meridian;
   69. Township 7 North, Range 10 West, Copper River Meridian,
   70. Township 8 North, Range 9 West, Copper River Meridian;
   71. Township 8 North, Range 10 West, Copper River Meridian,
   72. That portion of Township 9 North, Range 9 West, Copper River Meridian, lying southwest of the Tyone River;
   73. Township 9 North, Range 10 West, Copper River Meridian,
   74. That portion of Township 10 North, Range 9 West, Copper River Meridian, lying southwest of the Tyone River;
   75. Township 10 North, Range 10 West, Copper River Meridian, that portion of Sections 12 and 13 south of the Tyone River, and

Section 5

Section 8

Section 17;

Sections 4 — 5

Sections 8 — 9

Sections 16 — 17

Sections 20 — 21

Sections 28 — 29

Sections 32 — 33;

Sections 4 — 5

Sections 8 — 9

Sections 16 — 17

Sections 20 — 21

Sections 28 — 29

Sections 32 — 33;

Sections 4 — 5

Sections 8 — 9

Sections 16 — 17

Sections 20 — 21

Sections 28 — 29

Sections 32 — 33;

Sections 20 — 22

Sections 27 — 29

Sections 32 — 34;

Sections 9 — 10

Sections 14 — 16;

Sections 1 — 6

Sections 8 — 12;

Sections 1 — 14;

Sections 3 — 9

Sections 17 — 20;

Sections 1 — 4;

Section 6;

Section 1

Sections 12 — 13

Sections 24 — 25;

Sections 1 — 23

Sections 26 — 31;

Sections 1 — 2

Sections 11 — 13

Sections 24 — 25

Section 36;

Sections 1 — 17

Sections 20 — 28

Sections 35 — 36;

Sections 1 — 3

Sections 11 — 13;

Sections 1 — 6

Sections 8 — 17

Sections 21 — 28

Sections 33 — 36;

Section 13

Sections 23 — 26

Section 36;

Sections 3 — 9

Sections 16 — 21

Sections 28 — 34;

Sections 13 — 14

Sections 20 — 29

Sections 32 — 36;

Sections 1 — 3

Sections 8 — 36;

Sections 13 — 14

Sections 22 — 27

Sections 34 — 36;

Section 1

Sections 3, W1/2

Sections 4 — 9

Sections 11, E1/2

Sections 12 — 13

Sections 14, E1/2

Sections 16 — 20

Sections 23, E1/2

Sections 24 — 27

Section 30;

Sections 1 — 26

Sections 29 — 30

Sections 33, S1/2

Sections 34, S1/2

Sections 35 — 36;

Sections 1 — 22

Sections 24 — 25

Sections 27 — 34

Section 36;

Sections 1 — 24

Sections 27 — 34;

Section 7

Sections 13 — 36;

Sections 15 — 36;

Sections 1 — 2

Sections 10 — 16

Sections 21 — 36;

Sections 5 — 36;

Sections 1 — 5

Sections 7 — 36;

Sections 2 — 11

Sections 14 — 23

Sections 26 — 36;

Sections 24 — 25;

Sections 32 — 36;

Sections 3 — 10

Sections 14 — 23

Sections 26 — 35;

Sections 18 — 19

Sections 29 — 34;

Sections 4 — 10

Sections 14 — 36;

Section 7

Sections 18 — 20

Sections 29 — 32;

Sections 1 — 12

Sections 14 — 22

Sections 27 — 35;

Sections 1 — 2

Sections 10 — 15

Sections 22 — 27

Sections 35 — 36;

Sections 1 — 12

Sections 15 — 19

Sections 30 — 31;

Sections 4 — 7;

Sections 5 — 10

Sections 15 — 21

Sections 28 — 33;

Sections 1 — 30

Sections 33 — 34;

Sections 1 — 4

Sections 9 — 16

Sections 19 — 36;

Sections 1 — 3

Sections 10 — 15

Sections 22 — 27

Sections 34 — 36;

Sections 1 — 3

Sections 10 — 15

Sections 22 — 27

Sections 34 — 36;

Sections 1 — 3

Sections 10 — 15

Sections 22 — 27

Sections 34 — 36;

Sections 1 — 4

Sections 9 — 16

Sections 23 — 26

Sections 35 — 36;

Sections 21 — 28

Sections 33 — 36.

History. (§ 1 ch 48 SLA 1985)

Sec. 41.23.050. Purpose of AS 41.23.050 — 41.23.080.

The purpose of AS 41.23.050 — 41.23.080 is to establish the area described in AS 41.23.080 as the Ernie Haugen Public Use Area. The Ernie Haugen Public Use Area is established to

1. protect and maintain fish and wildlife habitat so that traditional public uses may continue;
2. perpetuate and enhance public enjoyment of fishing, hunting, trapping, viewing, and photography;
3. perpetuate and enhance general public recreation in a quality environment; and
4. allow additional public uses of the area, including personal use wood cutting, when determined compatible with the purposes specified in (1) — (3) of this section.

History. (§ 1 ch 110 SLA 1988)

Revisor’s notes. —

Enacted as AS 41.23.150 . Renumbered in 1988.

Sec. 41.23.060. Management.

1. Management of the surface and subsurface estate of the Ernie Haugen Public Use Area is the responsibility of the department. After adequate public hearings the commissioner may designate incompatible uses and shall adopt and may revise a management plan for the Ernie Haugen Public Use Area. With regard to the management of land within the public use area described in AS 41.23.080(a) , the commissioner shall consult with the Department of Fish and Game in the adoption and revision of the management plan.
2. The state may not acquire by eminent domain privately owned land within or abutting state-owned land described in AS 41.23.080 but may acquire privately owned land by purchase, exchange, donation, or otherwise for inclusion in the Ernie Haugen Public Use Area.
3. The commissioner may not manage the Ernie Haugen Public Use Area as a unit of the state park system.

History. (§ 1 ch 110 SLA 1988)

Revisor’s notes. —

Enacted as AS 41.23.160 . Renumbered in 1988.

Sec. 41.23.070. Incompatible uses.

1. Except as provided in this section, the commissioner may prohibit or restrict incompatible uses under the management plan adopted under AS 41.23.060 within the state-owned land described in AS 41.23.080 .
2. The commissioner shall allow traditional access to or through the Ernie Haugen Public Use Area by motorized or nonmotorized means of transportation to private land, interests in private land, and for lawful sport and subsistence hunting, fishing, trapping, and recreational purposes in a manner that is compatible with purposes specified in AS 41.23.050 (1) — (3).
3. If the commissioner determines that a use is incompatible with one or more other uses in a portion of the Ernie Haugen Public Use Area, the commissioner shall state in the management plan adopted or revised under AS 41.23.060
   1. each determination of incompatibility;
   2. the specific area where the incompatibility is determined to exist;
   3. the time within which the incompatibility is determined to exist; and
   4. the reasons for each determination of incompatibility.

History. (§ 1 ch 110 SLA 1988)

Revisor’s notes. —

Enacted as AS 41.23.170 . Renumbered in 1988.

Sec. 41.23.080. Ernie Haugen Public Use Area.

1. The state-owned land above the mean low water line and land above the mean low water line acquired by the state in the future lying within the parcels described in this subsection are designated as the Ernie Haugen Public Use Area:
2. Subject to valid existing rights, the land described in (a) of this section is designated as a special purpose area under art. VIII, sec. 7, Constitution of the State of Alaska.
3. Subject to a finding of public need by the Department of Natural Resources, the development of transportation facilities including roads, expansion of the existing boat launching ramp and related parking, highways, and ferry terminals by the Department of Transportation and Public Facilities and electric power transmission facilities and other public utilities within the land described in (a) of this section is consistent with the purposes of AS 41.23.050 — 41.23.080 .

Township 61 South, Range 82 East, Copper River Meridian

Section 28: that portion in the W1/2W1/2, SW1/4SE1/4NW1/4, W1/2E1/2SW1/4 that is south of the right-of-way of the Mitkof Highway

Section 29: that portion south of the right-of-way of the Mitkof Highway

Section 30: that portion south of the right-of-way of the Mitkof Highway

Section 31: that portion south of the right-of-way of the Mitkof Highway

Section 32: N1/2NW1/4.

History. (§ 1 ch 110 SLA 1988)

Revisor’s notes. —

Enacted as AS 41.23.180 . Renumbered in 1988.

Sec. 41.23.100. Purpose of AS 41.23.100 — 41.23.130.

1. The purpose of AS 41.23.100 — 41.23.130 is to establish the area described in AS 41.23.130 as the Hatcher Pass Public Use Area.
2. The Hatcher Pass Public Use Area is established to
   1. provide for public recreation activities;
   2. protect and enhance the fishery, waterfowl, and wildlife resources and habitat and provide for public use of the fishery and wildlife resources, including fishing, grazing, hunting, and trapping;
   3. protect the water quality and scenic resources within the Hatcher Pass Public Use Area.

History. (§ 1 ch 66 SLA 1986)

Sec. 41.23.110. Management.

1. The commissioner is responsible for the management of the surface and subsurface estate within the Hatcher Pass Public Use Area consistent with the purposes of  AS 41.23.100 .
2. The commissioner of fish and game, the Board of Fisheries, and the Board of Game are responsible for the management of fish and game resources and public use of fish and wildlife in the Hatcher Pass Public Use Area consistent with the purposes of  AS 41.23.100 .
3. After adequate public hearings and in consultation with the commissioner of fish and game, the commissioner shall adopt and may revise a management plan for the Hatcher Pass Public Use Area in consultation with local governments and other affected state agencies.  The management plan adopted under this section must be consistent with the purposes stated in  AS 41.23.100 .  A management plan adopted or revised by the commissioner under this section shall be submitted to the legislature within the first 10 days of the first regular session of the legislature to convene after its adoption or revision by the commissioner.
4. The provisions of  AS 41.23.100 — 41.23.130 do not restrict a responsibility within the Hatcher Pass Public Use Area of the commissioner of fish and game, the Board of Fisheries, the Board of Game, the commissioner of environmental conservation, or the commissioner of public safety.
5. The Hatcher Pass Public Use Area is closed to mineral entry under  AS 38.05.185 — 38.05.275 from September 1, 1986.
6. Each valid existing mining claim on September 1, 1986 remains valid and shall continue in full force and effect according to its terms.
7. Except for road construction, the state may not acquire by eminent domain privately owned land within or abutting state-owned land described in  AS 41.23.130 but may acquire privately owned land by purchase, exchange, or otherwise for inclusion in the Hatcher Pass Public Use Area from willing landowners.
8. Except for valid existing rights on September 1, 1986, the commissioner may not sell state land within the Hatcher Pass Public Use Area.

History. (§ 1 ch 66 SLA 1986)

Administrative Code. —

For Hatcher Pass East management Area, see 11 AAC 20, art. 15.

Sec. 41.23.120. Incompatible uses.

1. Except as provided in this section, the commissioner may prohibit or restrict incompatible uses under the management plan adopted under AS 41.23.110 within the state-owned land and water described in AS 41.23.130 .
2. Nothing in AS 41.23.100 — 41.23.130 prohibits the Department of Fish and Game from engaging in rehabilitation, enhancement, and development of fish and wildlife habitat within an area described in AS 41.23.130 that is consistent with the purposes stated in AS 41.23.100 .
3. The commissioner may not restrict lawful fishing, hunting, or trapping rights allowed under a regulation of the Board of Fisheries or the Board of Game within the Hatcher Pass Public Use Area.
4. The commissioner shall designate routes for motorized and nonmotorized access within or across the Hatcher Pass Public Use Area.
5. The commissioner of public safety and the commissioner of fish and game shall have necessary access for fish and game management, research, and enforcement purposes.
6. If the commissioner determines that a use is incompatible with one or more other uses in a portion of the Hatcher Pass Public Use Area, the commissioner shall state in the management plan adopted or revised under AS 41.23.110
   1. each determination of incompatibility;
   2. the specific area where the incompatibility is determined to exist;
   3. the time within which the incompatibility is determined to exist; and
   4. the reasons for each determination of incompatibility.

History. (§ 1 ch 66 SLA 1986)

Administrative Code. —

For Hatcher Pass East management Area, see 11 AAC 20, art. 15.

Sec. 41.23.130. Hatcher Pass Public Use Area.

The vacant and unappropriated state-owned land and water and the state land and water acquired in the future that lie within the boundaries described in this section are designated as the Hatcher Pass Public Use Area, are reserved for all uses compatible with their primary function as public use land, and are assigned to the department for control and management:

Township 19 North, Range 1 East, Seward Meridian

Section 1: NW1/4NW1/4, NW1/4NE1/4NW1/4, W1/2SW1/4NW1/4, NE1/4SW1/4NW1/4

Section 2: NE1/4, SE1/4NW1/4, SE1/4NE1/4NW1/4, SE1/4SW1/4NW1/4, SW1/4, NW1/4SE1/4, SW1/4SE1/4, NW1/4SE1/4SE1/4, W1/2NE1/4SE1/4, NE1/4NE1/4SE1/4

Section 10: E1/2E1/2

Section 11: W1/2, NW1/4NE1/4

Section 14: W1/2

Section 15: E1/2E1/2

Section 22: E1/2E1/2

Section 23: W1/2

Section 26: W1/2SW1/4, SW1/4NW1/4

Section 27: E1/2E1/2

Township 20 North, Range 1 East, Seward Meridian

Section 25: S1/2S1/2SE1/4

Section 35: SE1/4, SE1/4SE1/4NE1/4

Section 36: NE1/4, SW1/4, E1/2NW1/4, SW1/4NW1/4, SE1/4NW1/4NW1/4, NW1/4SE1/4, NW1/4NE1/4SE1/4, NW1/4SW1/4SE1/4

Township 20 North, Range 2 East, Seward Meridian

Section 9: E1/2SE1/4, E1/2SW1/4SE1/4, SE1/4SE1/4NE1/4

Section 10: W1/2SW1/4, E1/2NW1/4, SW1/4NW1/4, E1/2NW1/4NW1/4, W1/2NE1/4SW1/4, NW1/4NE1/4, NW1/4SW1/4NE1/4

Section 15: W1/2W1/2NW1/4

Section 16: SE1/4, E1/2NE1/4, E1/2W1/2NE1/4

Section 21: E1/2SW1/4, E1/2SW1/4SW1/4, SW1/4SW1/4SW1/4, SE1/4NW1/4SW1/4, NW1/4SE1/4, W1/2SW1/4SE1/4, NE1/4SW1/4SE1/4, W1/2NE1/4, W1/2NE1/4NE1/4, NW1/4SE1/4NE1/4, SE1/4NW1/4, E1/2NE1/4NW1/4, SW1/4NE1/4NW1/4

Section 28: NW1/4, W1/2NW1/4NE1/4, NW1/4SW1/4, NW1/4SW1/4SW1/4, NW1/4NE1/4SW1/4

Section 29: E1/2SE1/4, SE1/4NE1/4, SW1/4SE1/4, S1/2 NW1/4SE1/4, NE1/4NW1/4SE1/4, S1/2SW1/4, S1/2NE1/4SW1/4

Section 30: S1/2S1/2S1/2, S1/2SE1/4

Section 31: NW1/4, N1/2NE1/4, N1/2S1/2NE1/4

Section 32: N1/2NW1/4, N1/2SW1/4NW1/4, NW1/4NW1/4NE1/4.

History. (§ 1 ch 66 SLA 1986)

Administrative Code. —

For Hatcher Pass East management Area, see 11 AAC 20, art. 15.

Sec. 41.23.140. Purpose of AS 41.23.140 — 41.23.170.

The purpose of AS 41.23.140 — 41.23.170 is to protect, maintain, enhance, and perpetuate the present use of the area described in AS 41.23.170 as the Goldstream Public Use Area. The Goldstream Public Use Area is established to

1. protect, maintain, perpetuate, and enhance year-round general public recreation;
2. protect, maintain, perpetuate, and enhance public enjoyment and use of fish and wildlife;
3. allow additional public uses of the area in a manner compatible with the purposes specified in (1) — (2) of this section.

History. (§ 1 ch 48 SLA 1990)

Revisor’s notes. —

Section 2, ch. 48, SLA 1990, provided that this section and AS 41.23.150 , 41.23.160 , and 41.23.170 would be repealed effective July 1, 2010. Under § 1, ch. 25, SLA 2010, § 2, ch. 48, SLA 1990, was itself repealed, but the effective date of the repeal of § 2, ch. 48, SLA 1990, was August 25, 2010. The legal effect of ch. 25, SLA 2010, is uncertain. See AS 01.10.090 and 01.10.100 for law concerning retroactivity and the effect of repeals and amendments.