HB 213: "An Act requiring the commissioner of natural resources to make specific, detailed written findings before restricting or prohibiting a traditional means of access to state land, water, or land and water for a traditional outdoor activity; and requiring certain public notice of a proposed restriction or prohibition of a traditional means of access to state land, water, or land and water for a traditional outdoor activity."
00 HOUSE BILL NO. 213 01 "An Act requiring the commissioner of natural resources to make specific, detailed 02 written findings before restricting or prohibiting a traditional means of access to state 03 land, water, or land and water for a traditional outdoor activity; and requiring certain 04 public notice of a proposed restriction or prohibition of a traditional means of access to 05 state land, water, or land and water for a traditional outdoor activity." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 38.04.200(a) is amended to read: 08 (a) The commissioner may not manage state land, water, or land and water so 09 that a traditional means of access for traditional outdoor activities is restricted for the 10 purpose of protecting aesthetic values of the land, water, or land and water or is 11 prohibited unless the commissioner makes specific, detailed written findings that 12 the restriction or prohibition is 13 (1) for an area of land, water, or land and water that encompasses 640
01 contiguous acres or less; 02 (2) temporary in nature and effective cumulatively less than eight 03 months in a three-year period; 04 (3) for the protection of public safety and public or private property; 05 (4) for the development of natural resources and a reasonable 06 alternative for the traditional means of access across the land, water, or land and water 07 for traditional outdoor activities on other land, water, or land and water is available 08 and approved by the commissioner; or 09 (5) authorized by act of the legislature. 10 * Sec. 2. AS 38.05.945(a) is amended to read: 11 (a) This section establishes the requirements for notice given by the 12 department for the following actions: 13 (1) classification or reclassification of state land under AS 38.05.300 14 and the closing of land to mineral leasing or entry under AS 38.05.185; 15 (2) zoning of land under applicable law; 16 (3) issuance of a 17 (A) preliminary written finding under AS 38.05.035(e)(5)(A) 18 regarding the sale, lease, or disposal of an interest in state land or resources for 19 oil and gas, or for gas only, subject to AS 38.05.180(b); 20 (B) written finding for the sale, lease, or disposal of an interest 21 in state land or resources under AS 38.05.035(e)(6), except a lease sale 22 described in AS 38.05.035(e)(6)(F) for which the director must provide 23 opportunity for public comment under the provisions of that subparagraph; 24 (4) a competitive disposal of an interest in state land or resources after 25 final decision under AS 38.05.035(e); 26 (5) a preliminary finding under AS 38.05.035(e) concerning sites for 27 aquatic farms and related hatcheries; 28 (6) a decision under AS 38.05.132 - 38.05.134 regarding the sale, 29 lease, or disposal of an interest in state land or resources; 30 (7) a restriction or prohibition of a traditional means of access to 31 state land, water, or land and water for traditional outdoor activities for the
01 purpose of protecting aesthetic values of the land, water, or land and water under 02 AS 38.04.200.