CSHB 23(RES): "An Act relating to management of state land; and relating to access to land."
00CS FOR HOUSE BILL NO. 23(RES) 01 "An Act relating to management of state land; and relating to access to land." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. INTENT. It is the intent of the legislature that nothing in this Act affects 04 private property owners' rights that exist on the effective date of this Act. 05 * Sec. 2. AS 38.04.055 is amended to read: 06 Sec. 38.04.055. Access through private use areas. The commissioner 07 [DIRECTOR] shall reserve easements and rights-of-way on and across land that 08 [WHICH] is made available for private use as necessary to reach or use public water and 09 public and private land. An easement or right-of-way reserved under this section shall 10 [MAY] include trails that have an established history of use for commerce, recreation, 11 [OR] transportation, or providing access to a traditional outdoor activity. In this 12 section, "traditional outdoor activity" has the meaning given in AS 38.04.200. 13 * Sec. 3. AS 38.04.058 is amended to read: 14 Sec. 38.04.058. Restrictions on easement or right-of-way use. The
01 commissioner [DIRECTOR] may, under terms agreed to in writing by a grantee, lessee, 02 or interest holder of state land, restrict the use of an easement or right-of-way reserved 03 under AS 38.04.050, 38.04.055, or other law in order to protect public safety or property. 04 The commissioner may not agree to or enforce a restriction under this section 05 unless the restriction is narrowly tailored to achieve the protection of public safety 06 and property while preserving access to the maximum extent practicable and the 07 commissioner makes a written finding identifying how the restriction will protect 08 public safety and public or private property. 09 * Sec. 4. AS 38.04 is amended by adding a new section to read: 10 Article 3A. Access To State Land. 11 Sec. 38.04.200. Traditional means of access. (a) The commissioner may not 12 manage state land, water, or land and water so that a traditional means of access for 13 traditional outdoor activities is restricted for the purpose of protecting aesthetic values 14 of the land, water, or land and water or is prohibited unless the restriction or 15 prohibition is 16 (1) for an area of land, water, or land and water that encompasses 640 17 contiguous acres or less; 18 (2) temporary in nature and effective cumulatively less than eight 19 months in a three-year period; 20 (3) for the protection of public safety and public or private property; 21 (4) for the development of natural resources and a reasonable 22 alternative for the traditional means of access across the land, water, or land and water 23 for traditional outdoor activities on other land, water, or land and water is available 24 and approved by the commissioner; or 25 (5) authorized by act of the legislature. 26 (b) In this section, 27 (1) "aesthetic values" means those values that exist as an expression of 28 the social or cultural viewpoint held by a portion of the population; 29 (2) "traditional means of access" means those types of transportation 30 on, to, or in the state land, water, or land and water, for which a popular pattern of use 31 has developed; the term includes flying, ballooning, boating, using snow vehicles,
01 operation of all-terrain vehicles, horseback riding, mushing, skiing, snowshoeing, and 02 walking; 03 (3) "traditional outdoor activities" means those types of activities that 04 people may use for sport, exercise, subsistence, including the harvest of foodstuffs, or 05 personal enjoyment, including hunting, fishing, trapping, gathering, or recreational 06 mining, and that have historically been conducted as part of an individual, family, or 07 community life pattern on or in the state land, water, or land and water.