Title 41, Public Resources

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 multipl…

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 th…

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.

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 …

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 co…

(a) 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 publ…

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.

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.

(a) 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: …

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 …

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…

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.

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.

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 p…

(a) 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 Recrea…

(a) 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 …

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.

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…

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.

(a) 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 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) t…

(a) 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 …

(a) 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. (b) Nothing in AS 41.21.500 — 41.21.514 affects the applicability of (1) AS 41.99.010 and AS 16 re…

(a) 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 i…

(a) 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, purcha…

(a) 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 co…

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.

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 Managem…

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 exceptio…

(a) 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. (b) In designating incompatible uses by regulation unde…

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 …

(a) 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 pr…

(a) 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 …

(a) 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 ex…

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.

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 o…

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 Inter…

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.…

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 and 38.05.700 — 38.05.795, 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)…

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…

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 …

(a) 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 …

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. T…

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.

(a) A 12-member Alaska Chilkat Bald Eagle Preserve Advisory Council is established. The members of the advisory council shall be selected under this section. (b) The governor shall appoint individuals to the Alaska Chilkat Bald Eagle Preserve Advisory Council representing the fol…

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.…