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.