Alaska State Legislature

News From The House Majority

Ken Freeman, Press Secretary
State Capitol
Juneau, AK 99801
phone: (907) 465-3804
web site: http://www.akrepublicans.org
Actuality line: 1-800-478-6540

Legislature Seeks to Guarantee Access to Alaska Lands

For Immediate Release: May 5, 1997 Contact: Rep. Beverly Masek (907) 465-2679

JUNEAU -- Ensuring the ability of Alaskans to access and utilize state lands is the purpose of legislation passed by the Alaska State Senate on Monday by a vote of 14-5. The bill will be up for a reconsideration vote and final passage on Tuesday.

HB 23, sponsored by Representative Beverly Masek, seeks to allow the Legislature to intervene in cases when administrative action seeks to close state lands that involve significant areas of public interest.

"Currently, the administration may close public access onto state lands and water regardless of whether Alaskans agree with such policy actions," said Rep. Masek. "This situation has led to the exclusion of many traditional uses in areas of public interest when some members of the bureaucracy felt it necessary to impose restrictions on those uses they viewed as socially incompatible or unacceptable."

Masek said the Legislature has traditionally stood for implementing statutes designed to protect lands, waters, and resources. However, there are no statutes which provide for the protection of the public's ability to access these common property resources.

"I felt this is an important public policy question which should rightly come under legislative purview," said Masek. "This legislation ensures the citizens of this state have access to land, water and government policy. It's basically for people who need to access state land - from recreation to tourism."

HB 23 allows unchecked administration action when affecting small land areas, or for short periods of time. Administrative action which affects state land larger than 640 acres in area or restricting access for more than eight months in a three year period would be subject to legislative approval.

HB 23 includes language which will give the Legislature the authority to protect traditional access for traditional uses, including subsistence activities. Masek said the bill was crafted so as not to impede land disposals, mining, timber harvest or other resource development.

Language had been inserted which allows the Department of Natural Resources to control or direct access on or across development parcels, including parcels ceded to private parties through sales. Masek said this provision protects mining interests, oil and gas development, logging, and private property.

HB 23 is companion legislation to HB 168, also sponsored by Rep. Masek which calls for traditional access across Fish and Game regulated lands and SB 35, sponsored by Senator Lyda Green, which calls for traditional access across state parks. Masek said these three bills work in conjunction to protect access across all state lands.