HB 23: "An Act relating to traditional means of access for traditional outdoor uses and to the classification and the sale, lease, or other disposal of state land, water, or land and water."
00HOUSE BILL NO. 23 01 "An Act relating to traditional means of access for traditional outdoor uses and 02 to the classification and the sale, lease, or other disposal of state land, water, or 03 land and water." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. INTENT. It is the intent of the legislature that nothing in this Act affects the 06 current rights of private property owners. 07 * Sec. 2. AS 38.05.300(a) is amended to read: 08 (a) Subject to the limitations of this section, the [THE] commissioner shall 09 classify for surface use land in areas considered necessary and proper. This section 10 does not prevent reclassification of land where the public interest warrants 11 reclassification, nor does it preclude multiple purpose use of land whenever different 12 uses are compatible. If the area involved contains more than 640 contiguous acres, 13 state land, water, or land and water area may not, except by act of the state legislature, 14 (1) be closed to multiple purpose use, or (2) be otherwise classified by the
01 commissioner so that mining, mineral entry or location, mineral prospecting, or mineral 02 leasing is precluded or is designated an incompatible use, except when the 03 classification is necessary for a land disposal or exchange or is for the development 04 of utility or transportation corridors or projects or similar projects or infrastructure, or 05 except as allowed under (c) of this section. 06 * Sec. 3. AS 38.05.300 is amended by adding new subsections to read: 07 (d) The commissioner may not classify state land, water, or land and water so 08 that a traditional means of access for traditional outdoor activities is restricted for the 09 purpose of protecting intrinsic values of the land or water or is prohibited unless the 10 restriction or prohibition is 11 (1) temporary in nature and effective cumulatively less than eight 12 months in a three-year period; 13 (2) for the development of natural resources and a reasonable 14 alternative for the traditional means of access across the land, water, or land and water 15 for traditional outdoor activities on other land, water, or land and water is available 16 and approved by the commissioner under AS 38.05.316; or 17 (3) authorized by act of the legislature. 18 (e) In (d) of this section, 19 (1) "intrinsic values" means those values that inherently exist in nature 20 or in an object, without manipulation by humans; 21 (2) "traditional means of access" means those types of transportation 22 on, to, or in the state land, water, or land and water, for which a popular pattern of use 23 has developed; the term includes flying, ballooning, boating, using snow vehicles, 24 operation of all-terrain vehicles, horseback riding, mushing, skiing, snowshoeing, and 25 walking; 26 (3) "traditional outdoor activities" means those types of activities that 27 people may use for sport, exercise, subsistence, including the harvest of natural 28 foodstuffs, or personal enjoyment, including hunting, fishing, trapping, gathering, or 29 recreational mining, and that have historically been conducted as part of an individual, 30 family, or community life pattern on or in the state land, water, or land and water. 31 * Sec. 4. AS 38.05 is amended by adding a new section to read:
01 Sec. 38.05.316. Restriction on outdoor activities upon sale, lease, or other 02 disposal of land and water. (a) Notwithstanding another provision of this chapter, 03 state land, water, or land and water may not be sold, leased, or otherwise disposed of 04 unless traditional means of access across the land, water, or land and water for traditional 05 outdoor activities on other land, water, or land and water are preserved by easement or 06 other terms or the sale, lease, or other disposal is approved by the legislature. If state 07 land, water, or land and water is leased for the development of natural resources, the 08 terms of the lease may provide that the lessee may control and direct access across the 09 development parcels but may not preclude a traditional means of access for a traditional 10 outdoor activity occurring at a place other than the development parcel unless 11 (1) a reasonable alternative for the access is available and approved by 12 the department; or 13 (2) the lease is approved by the legislature under AS 38.05.300(d). 14 (b) In this section, "traditional means of access" and "traditional outdoor 15 activities" have the meanings given in AS 38.05.300(e).