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HB 388: "An Act relating to the development of certain state land subject to a permit, right-of-way, or easement for public use and recreation."

00 HOUSE BILL NO. 388 01 "An Act relating to the development of certain state land subject to a permit, right-of- 02 way, or easement for public use and recreation." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 38.05.850 is amended by adding new subsections to read: 05 (d) If the director issues a permit, right-of-way, or easement on state land for a 06 road, field gathering line or transmission and distribution pipeline not subject to 07 AS 38.35, telephone or electric transmission and distribution line, or another similar 08 use or improvement under this section, the commissioner shall retain for the land 09 subject to the permit, right-of-way, or easement the right of the public to use and have 10 free access to the land for recreational purposes if the permit, right-of-way, or 11 easement 12 (1) is compatible with development of the land for public recreation; 13 (2) is of sufficient size to accommodate development of the land for 14 multiple uses; and

01 (3) can be developed for public recreational use at no cost to the 02 person who is issued the permit, right-of-way, or easement. 03 (e) If the permit, right-of-way, or easement meets the requirements of (d) of 04 this section, the department shall solicit proposals for trail development and 05 maintenance from agencies or third parties to develop the land subject to the permit, 06 right-of-way, or easement for recreational purposes. The developing agency or party 07 shall fund the development and maintenance costs incurred under this subsection.