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NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PROPOSED CHANGES IN THE
REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES

BRIEF DESCRIPTION

The Department of Natural Resources proposes to change regulations on the use and management of the Knik River Public Use Area, and establish new use prohibitions within the area that could result in fines. DNR also proposes to change regulations to provide for future user fees and to make minor technical correction to it fee regulations.


The Department of Natural Resources proposes to adopt and amend regulations in Title 11 of the Alaska Administrative Code, dealing with land use authorization fees, and the allowed and prohibited land uses and activities within the Knik River Public Use Area, include the following:

            1) 11 AAC 05.010(e) is proposed to be amended to provide for user fees for the public shooting range recently constructed with in the Knik River Public Use Area, and to make technical corrections to the department’s fee regulations.

            2) 11 AAC 96.016(b) is proposed to be amended to establish the public shooting range within the Knik River Public Use Area. The proposed regulations establish management standards for the shooting area which would apply to users of the public shooting range and facilitate the management of this public facility.

            3) 11 AAC 96.016(c) is proposed to be amended to further define existing prohibited activities and land uses within the Knik River Public Use Area that may be subject to citations and for fines as have been set by the Supreme Court of the State of Alaska.

            4) 11 AAC 96.016(c) is proposed to be amended to establish additional prohibited uses and activities within the Knik River Public Use Area that may be subject to citations and for fines as will be set by the Supreme Court of the State of Alaska, including activities and land uses
                        - within the public shooting range established with in the Knik River Public Use Area
                        - on specified trails; and
                        - within and near identified public use sites.

The proposed regulation changes are necessary to meet the statutory requirements of AS 43.23.180-230 to perpetuate, enhance, protect, and maintain the resources, access, habitat, fish and wildlife, and public recreational opportunities of the Knik River Public Use Area.  The law allows the Commissioner to establish in regulations the means by which the department may manage and enforce public land use restrictions in the public use area.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to the Division of Mining, Land and Water, 550 W. 7th Avenue, Suite 1070, Anchorage, AK 99501-3579 or by e-mail to
dnr.knik.regulation@alaska.gov  or by fax to 907-269-8904.  The comments must be received by the department no later than 5:00 p.m. on Friday, on September 30, 2016

You may submit written questions relevant to the proposed action to: Joseph Joyner, Division of Mining, Land and Water, 550 W 7th Ave., Suite 1070, Anchorage, Alaska 99501-3579 Fax: (907) 269-8904, E-Mail: dnr.knik.regulation@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Department of Natural Resources will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and agency website at http://www.dnr.state.ak.us/mlw/hottopics.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Joseph Joyner at 269-8511 no later than September 23, 2016, to ensure that any necessary accommodations can be provided.

For more information, a copy of the proposed regulation changes, or if you have any questions regarding the proposed regulations, go to http://www.dnr.state.ak.us/mlw/hottopics, or write to the Director’s Office, Division of Mining, Land and Water, Department of Natural Resources, Attention Joseph Joyner, 550 W. 7th Avenue, Suite 1070, Anchorage, Alaska 99501-3579; or call 907-269-8511.

After the public comment period ends, the Department of Natural Resources will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them.  The language of the final regulations may be different from that of the proposed regulations.  You should comment during the time allowed if your interests could be affected.

Statutory Authority:   AS 38.04.200, AS 38.05.020, AS 38.05.850, AS 41.23.180; AS 41.23.190; AS 41.23.200; AS 41.23.210; AS 41.23.220; AS 41.23.230

Statutes Being Implemented, Interpreted, or Made Specific:   AS 38.04.200, AS 38.05.850,     AS 41.23.180; AS 41.23.190; AS 41.23.200; AS 41.23.210; AS 41.23.220; AS 41.23.230

Fiscal Information:  The proposed regulations changes are not expected to require an increased appropriation. The proposed regulations provide for user fees for certain elective services or elective uses of state-owned facilities, but do not establish mandatory permitting or compliance requirements that impose costs on a private person, other state agencies, or municipalities.


Date:   August 26, 2016                                  Brent Goodrum,
                                                                       Director, Division of Mining, Land and Water


ADDITIONAL REGULATIONS NOTICE INFORMATION
(AS 44.62.190(d))

1.  Adopting agency: Department of Natural Resources
2.  General subject of regulation: Land use fees and prohibited land uses and activities within KRPUA
3.  Citation of regulation (may be grouped):   11 AAC 05.010, 11 AAC 96.016
4.  Department of law file number (if any):  JU 2015200839__________________
5.  Reason for the proposed action:
     (   )  compliance with federal law or action (identify) ______________________________
     (   )  compliance with new or changed state statute  ______________________________
     ( X )  development of program standards   ______________________________________
     ( X )  other:  (identify)____Management of Public Use Lands________________________

6.  Appropriation/Allocation:     Resource Development/ Claims, Permits and Leases         
 
7. Estimated annual cost to comply with the proposed action to:

            A private person:   None           
            Another state agency:   None    
            A municipality:   None   

8.  Cost of implementation to the state agency and available funding (in thousands of dollars):
                                                Initial Year         Subsequent
                                                FY   17             Years
            Operating Cost              $__0.0___         $0.0
            Capital Cost             $__0.0___         $0.0
            Federal receipts              $__0.0___         $0.0
            General fund match        $__0.0___         $0.0
            General fund                  $__0.0.___        $0.0
            General fund/
                program receipts        $__0.0___         $0.0
            General fund/
                mental health             $__0.0___         $0.0
            Other funds (specify)      $__0.0___         $0.0

9.  The name of the contact person for the regulations:

            Name       Joseph Joyner
            Title         Natural Resource Manager
            Address   DNR, DMLW, 550 W. 7th Avenue, Suite 1070
                            Anchorage, AK 99501-3579
            Telephone 907-269-8511
            E-mail address:  joe.joyner@alaska.gov

10.  The origin of the proposed action:

            (X)_      staff of state agency
            (   )       federal government
            _          general public
            _          petition for regulation change
            _          other (please list)____________________________________________________

11.  Date:          August 26, 2016                       

                                                                         Prepared by: 
                                                                         Name (typed)     Joseph Joyner
                                                                         Title (typed)       Natural Resource Manager
                                                                         Telephone:        269-8511

Attachments, History, Details

Attachments

None

Revision History

Created 8/25/2016 3:27:49 PM by akadoko
Modified 8/25/2016 3:28:55 PM by akadoko
Modified 8/25/2016 3:29:12 PM by akadoko
Modified 8/25/2016 3:30:04 PM by akadoko
Modified 8/25/2016 3:47:21 PM by akadoko
Modified 8/25/2016 3:48:00 PM by akadoko

Details

Department: Natural Resources
Category: Regulations
Sub-Category: Notice of Proposed Regulations
Location(s): Statewide
Project/Regulation #:
 
Publish Date: 8/26/2016
Archive Date: 10/1/2016
 
Events/Deadlines: