Date: 1/23/97

HOUSE RESOURCES COMMITTEE

PRESENTATION POINTS ON HB 23

THE PUBLIC ACCESS PROTECTION BILL

HB 23 is designed to insure protection to traditional Alaskan activities involving access to public lands and waters.

The impetus for this legislation was instigated by bureaucratic tendencies to ignore or reject equal protection arguments regarding public access by significant portions of the general public.

What will this bill do?

HB 23 will provide for legislative approval before DNR can unilaterally restrict traditional access on large areas of public lands or waters.

The bill will still allow DNR to restrict access on small parcels (640 acres or less) without legislative approval, as well as restrictions for short periods of time (eight months or less in a three year period).

HB 23 provides for exceptions which will allow the continuation of land disposals, leases and mining activities to go forward in a timely manner. Those exceptions simply require that there be alternatives established to protect access unless otherwise authorized by the Legislature.

Most importantly, HB 23 will allow Alaskans the opportunity to continue to access state lands and waters through the protection of established access corridors.

What will HB 23 not do?

This legislation will not jeopardize the state’s ability to manage lands and waters for the benefit of all Alaskans. It provides the tools necessary for DNR to issue temporary restrictions in those cases where habitat values or other concerns arise. Furthermore, DNR simply has to make a valid case for continued restrictions by working with the Legislature to restrict access in large areas, or for long time periods where such restrictions are warranted.

HB 23 will not allow for the implementation of new methods of access which are not currently in place.

This legislation will not affect the current rights of private property owners.

The term traditional access as applied by the bill allows for the public to present evidence to DNR supporting claims of usage. Before enacting restrictions for a long term or on a large area, DNR must present their case to the Legislature for authorization.

The terms which provide DNR for temporary restrictions were derived by a desire to prevent the administration from effectively circumventing the law.