HB 159: "An Act relating to the management of state land."
00 HOUSE BILL NO. 159 01 "An Act relating to the management of state land." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 38.04.065(h) is amended to read: 04 (h) Before the commissioner adopts a regional land use plan, a land 05 classification may be made on the basis of a site-specific land use plan that provided 06 an opportunity for public hearing and comment comparable to that required for 07 the adoption of regulations under AS 44.62. After adoption of a regional land use 08 plan, land classifications may be made only after public hearing and comment 09 comparable to that required for the adoption of regulations under AS 44.62 10 [SHALL BE MADE UNDER THE PLAN]. 11 * Sec. 2. AS 38.05.295 is amended to read: 12 Sec. 38.05.295. Parks and recreation areas. The commissioner shall 13 establish a policy and adopt regulations by which parks and recreation areas, including 14 public scenic overlooks and cultural sites, shall be developed and managed in a 15 manner that will best serve the interests of the people of the state. The commissioner
01 may classify an area of contiguous, adjacent, or proximately located public land of 02 40 acres or less as parks, scenic overlooks, cultural sites, and recreation areas as long 03 as the general intent of this chapter is maintained. Except as provided in this 04 section, state land may not be classified or managed as a park, recreation area, 05 recreation river, recreational mining area, public use area, special management 06 area, refuge, critical habitat area, or preserve without legislative designation of 07 the area and the boundaries of the area. Classifications by the commissioner may 08 not be combined or divided to circumvent the 40-acre limitation provided in this 09 section. A classification that creates a park, recreation area, recreation river, 10 recreational mining area, public use area, special management area, refuge, 11 critical habitat area, or preserve or classifies land for management as a park, 12 recreation area, recreation river, recreational mining area, public use area, 13 special management area, refuge, critical habitat area, or preserve is void if 14 (1) that classification is contiguous, adjacent, or proximately 15 located to one or more other classifications or legislative designations that create 16 a park, recreation area, recreation river, recreational mining area, public use 17 area, special management area, refuge, critical habitat area, or preserve; and 18 (2) the total area of the classifications and legislative designations 19 described in (1) of this section exceeds 40 acres.