00                             HOUSE BILL NO. 128                                                                          
01 "An Act relating to Chugach State Park; and providing for an effective date."                                           
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 41.21.122 is amended to read:                                                                      
04 Sec. 41.21.122. Management responsibility. Except as provided by (b) and                                            
05 (c) of this section, control, development, and maintenance of [THE] state land and                                  
06 water described in AS 41.21.121 as the Chugach State Park and control of roadside                                   
07 structures within the park is assigned to the department [FOR CONTROL,                                              
08 DEVELOPMENT AND MAINTENANCE, EXCEPT THAT THE DEPARTMENT                                                                 
09 OF TRANSPORTATION AND PUBLIC FACILITIES IS RESPONSIBLE FOR THE                                                          
10 REPAIR AND MAINTENANCE OF ALL EXISTING PUBLIC ROADS WITHIN                                                              
11 THE PARK. THE CONTROL OF HIGHWAY ACCESS AND ROADSIDE                                                                    
12 STRUCTURES WITHIN THE CHUGACH STATE PARK IS THE                                                                         
13 RESPONSIBILITY OF THE DEPARTMENT]. The Department of Fish and Game                                                      
14 shall cooperate with the department to provide for those purposes under AS 41.21.121                                    
15 relevant to the duties of the Department of Fish and Game. If, in the exercise of                                       
01 management responsibility under this section, conflicts of land ownership,                                              
02 jurisdiction, or authority are unreconcilable or unmanageable other than at an                                          
03 unreasonable cost and expense to the state, the commissioner, after public hearing in                               
04 accordance with AS 44.62, may modify, subject to the approval of the legislature, the                               
05 boundaries of the Chugach State Park, not to exceed 20 percent of the total acreage                                 
06       described in AS 41.21.121.                                                                                      
07    * Sec. 2. AS 41.21.122 is amended by adding new subsections to read:                                               
08 (b)  The department may grant an easement or right-of-way within the                                                    
09 Chugach State Park for the purposes of repairing, maintaining, and constructing roads                                   
10       and related facilities within the park to a municipality if                                                       
11                 (1)  the easement or right-of-way is requested by the municipality;                                     
12 (2)  the municipality bears any costs associated with the granted                                                       
13       easement or right-of-way and facilities related to the easement or right-of-way;                                  
14 (3)  the municipality assumes the duty of maintaining the easement or                                                   
15       right-of-way and any related constructed facilities for the duration of the grant;                                
16 (4)  the easement or right-of-way sets out the period of its duration,                                                  
17       whether temporary or perpetual;                                                                                   
18 (5)  the department provides notice of the proposed grant in the manner                                                 
19 provided by AS 44.62.190 and 44.62.200 and conducts at least one hearing in                                             
20       accordance with the provisions of AS 44.62.210; and                                                               
21                 (6)  the commissioner finds that granting the easement or right-of-way                                  
22 (A)  will improve, facilitate, or maintain public access to the                                                         
23            park; and                                                                                                    
24                      (B)  is in the public interest.                                                                    
25 (c)  The Department of Transportation and Public Facilities shall repair and                                            
26 maintain existing public roads within the Chugach State Park except for repairs and                                     
27       maintenance performed by a municipality under (b) of this section.                                                
28    * Sec. 3. This Act takes effect July 1, 2025.