Section 41.23.020. Management.

   (a) 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.
   (b) 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.
   (c) 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).
   (d) 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.
   (e) The commissioner may not manage the Nelchina Public Use Area as a unit of the state park system.

Authorities

41.23.030

Notes

Implemented As

11 AAC 96.016

References

AS 41.23.030 Incompatible uses.

History

(Sec. 1 ch 48 SLA 1985)