"An Act repealing the ban on the use of off-road vehicles within five miles of the right-of-way of the James Dalton Highway"

A substantial portion of Alaska's landmass lies on the north side of the Yukon River. Only one highway exists in that entire area - the James Dalton Highway - still referred to by many as the "haul road" to Prudhoe Bay. Senate Bill 298 removes from prohibition the use of off-road vehicles within the five mile right-of-way of the James Dalton Highway up to mile 235.

Current law, with very limited exceptions, bans the use of off-road vehicles within five miles of the right-of-way of the Dalton Highway starting at mile 57 - the Yukon River crossing - and extending 357 miles north to the Arctic Ocean. This law (AS 19.40.210) essentially prohibits access for average Alaskans to recreate on tens of millions of acres of public lands that would otherwise be open to their use.

But, the fact is, the state has not actively enforced this statutory ban. Nevertheless, this has not stopped the federal government from co-opting the state law. Using the Alaska statute cited above, the Bureau of Land Management is closing long existing trap lines and threatening to tear down cabins unless the trappers resort to non-motorized access.

Other reports of BLM officers warning or citing recreational riders or state highway maintenance employees under this state statute are numerous. All this because the BLM says that state law regulating off-highway vehicle use prevails when it is more restrictive than federal regulations.

Senate Bill 298 will allow these public lands to be accessed from the Dalton Highway by lifting the ban between mileposts 57 and 235. This opens a massive area bounded by the Yukon River to the south and the Brooks Range to the north.

The Dalton Highway was first opened to public use during the Hickel administration. Now, ten years later, the time has come to open the right-of-way for use by snow machiners and the like. Alaskans deserve access to their lands and there is no sensible reason to continue this unwarranted, antiquated ban.

# # #

58 Viewer(s)