Section 41.21.167 - Incompatible uses(a) 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 or 38.05.700 - 38.05.795.(b) 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.(c) Development and operation of a hydroelectric site at Lake Elva or Grant Lake is not considered an incompatible use.(d) 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.(e) 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.Amended by SLA 2024, ch. 23,sec. 40, eff. 10/29/2024.Amended by SLA 2019, ch. 20,sec. 1, eff. 8/16/2019.