00                            SENATE BILL NO. 164                                                                         
01 "An Act relating to an easement or right-of-way necessary to provide access to navigable                                
02 or public water."                                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 14.40.365(f) is amended to read:                                                                   
05            (f)  Before conveying land under this section, the commissioner of natural                                   
06       resources shall reserve access under AS 38.05.127, but other provisions of AS 38.04                               
07       and AS 38.05 do not apply to the commissioner's preparation for conveyance of land                                
08       to the Board of Regents in trust for the University of Alaska under this section. In                              
09       addition to access under AS 38.05.127, the commissioner may reserve in the                                        
10       conveyance document existing offshore uses such as aquatic fish farm sites,                                       
11       anchorages for vessels, fish buying stations, trails, roads, and other access routes that                         
12       provide public access to adjacent land and public waterways; however, an easement                                 
13       along tidewater reserved by the commissioner under AS 38.05.127 may not                                           
14                 (1)  exceed a width of 10 [25] feet above the mean high water line                          

01       and 10 feet below the mean high water line; and                                                               
02                 (2)  be used for a purpose other than pedestrian access.                                            
03    * Sec. 2. AS 38.05.127(d) is amended to read:                                                                      
04            (d)  Upon application by a municipality or an affected owner of land, the                                    
05       department may vacate, release, modify, or relocate an easement and right-of-way for                              
06       public access to or along navigable or public waters reserved by the department in a                              
07       patent issued under AS 29.65 or former AS 29.18, if the commissioner determines the                               
08       action is consistent with the public interest. Before making the determination in this                        
09       subsection, the commissioner shall provide public notice and the opportunity to                               
10       comment to a municipality or local platting authority with jurisdiction over the                              
11       location of the easement or right-of-way and to local residents that would be                                 
12       directly affected by the proposed determination. When making the                                              
13       determination, the commissioner shall give substantial weight to comments                                     
14       received from a municipality, platting authority, or local resident that would be                             
15       directly affected by the determination.                                                                       
16    * Sec. 3. AS 38.05.127 is amended by adding a new subsection to read:                                              
17            (h)  A right-of-way or easement                                                                              
18                 (1)  along tidewater established under (a)(2) of this section may not                                   
19                      (A)  exceed a width of 10 feet; and                                                                
20                      (B)  be used for a purpose other than pedestrian access;                                           
21                 (2)  to tidewater established under (a) (2) of this section may not                                     
22                      (A)  exceed a width of 25 feet; and                                                                
23                      (B)  be used for a purpose other than noncommercial pedestrian                                     
24            access.                                                                                                      
25    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
26 read:                                                                                                                   
27       APPLICABILITY. Sections 1 and 3 of this Act apply to an easement or right-of-way                                  
28 necessary to ensure free access to and along tidewater provided for by the commissioner of                              
29 natural resources before the sale, lease, grant, or other disposal of an interest in state land after                   
30 the effective date of this Act, including a conveyance of land to the Board of Regents in trust                         
31 for the University of Alaska under AS 14.40.365.