The director of the Division of Lands is authorized under Alaska statutes to issue permits, rights-of-way and easements on State land without the necessity of a best interest finding. These permits are issued for such purposes as roads, oil well drilling sites, and telephone or electric transmission and distribution lines.

"Recently the Alaska Supreme Court ruled that a conditional right-of-way permit issued by DNR for construction of an electrical transmission line required a best interest finding," said Kelly. " This raises the concern that in the future DNR will have to issue best interest findings for these permits."

Issuing a best interest finding on every right-of-way, easement or permit issued under the relevant statute would cause a strain on DNR's budget and would substantially delay the permitting process. Ultimately, the development and use of State land resources could be negatively impacted if it was too costly and too time consuming to issue the necessary permits.

"SB 255 confirms that these DNR permits, rights-of-way and easements are exempt from the best interest finding requirement. However, the bill adds a public notice provision to these provisions that was not previously required," said Kelly. This legislation allows DNR to continue managing State lands cost effectively. The exemption would be applied retroactively to all DNR permits issued since July 27, 1981."

SB 255 moves to the House for consideration.