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HB128 • 2026

CHUGACH STATE PARK EASEMENTS

An Act relating to Chugach State Park; and providing for an effective date.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
REPRESENTATIVE HOLLAND
Last action
2025-03-10
Official status
(H) TRA
Effective date
Not listed

Plain English Breakdown

The bill summary and digest do not provide specific details about what happens if a municipality does not meet conditions for an easement or right-of-way, leaving this aspect uncertain.

Chugach State Park Easements

This act allows the Department of Transportation and Public Facilities to grant easements or rights-of-way within Chugach State Park for road maintenance and construction if certain conditions are met.

What This Bill Does

  • Allows the department to grant easements or rights-of-way within Chugach State Park for repairing, maintaining, and constructing roads and related facilities upon request by a municipality under specific conditions.
  • Requires municipalities requesting an easement or right-of-way to cover all costs associated with it and maintain the area during the duration of the agreement.
  • Specifies that the Department of Transportation and Public Facilities will continue to repair and maintain existing public roads in Chugach State Park unless a municipality takes over these responsibilities under specific conditions.
  • Sets out procedures for granting easements or rights-of-way, including providing notice and conducting at least one hearing.

Who It Names or Affects

  • The Department of Transportation and Public Facilities
  • Municipalities that request easements or rights-of-way within Chugach State Park

Terms To Know

Easement
A legal agreement allowing someone to use another person's land for a specific purpose, like building roads.
Right-of-way
The right to cross or build on another person’s property, often used for road construction and maintenance.

Limits and Unknowns

  • Does not specify what happens if a municipality does not meet the conditions required for an easement or right-of-way.
  • Effective date is set for July 1, 2025.

Bill History

  1. 2025-03-10 322

    (H) REFERRED TO TRANSPORTATION

  2. 2025-03-10 322

    (H) TRA, RES

  3. 2025-03-10 322

    (H) READ THE FIRST TIME - REFERRALS

Official Summary Text

CHUGACH STATE PARK EASEMENTS
An Act relating to Chugach State Park; and providing for an effective date.

Current Bill Text

Read the full stored bill text
HB0128a -1- HB 128
New Text Underlined [DELETED TEXT BRACKETED]

34-LS0547\N

HOUSE BILL NO. 128

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - FIRST SESSION

BY REPRESENTATIVE HOLLAND

Introduced: 3/10/25
Referred: Transportation, Resources

A BILL

FOR AN ACT ENTITLED

"An Act relating to Chugach State Park; and providing for an effective date." 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
* Section 1. AS 41.21.122 is amended to read: 3
Sec. 41.21.122. Management respons ibility. Except as provided by (b) and 4
(c) of this section, control, development, and maintenance of [THE] state land and 5
water described in AS 41.21.121 as the Chugach State Park and control of roadside 6
structures within the park is assigned to the department [FOR CONTROL, 7
DEVELOPMENT AND MAINTENANCE, EXCEPT THAT THE DEPARTMENT 8
OF TRANSPORTATION AND PUBLIC FACILITIES IS RESPONSIBLE FOR THE 9
REPAIR AND MAINTENANCE OF ALL EXISTING PUBLIC ROADS WITHIN 10
THE PARK. THE CONTROL OF HIGHWAY ACCESS AND ROADSIDE 11
STRUCTURES WITHIN THE CHUGACH STATE PARK IS THE 12
RESPONSIBILITY OF THE DEPARTMENT]. The Department of Fish and G ame 13
shall cooperate with the department to provide for those purpos es under AS 41.21.121 14
relevant to the duties of the D epartment of Fish and Game. If, in the exercise of 15
34-LS0547\N
HB 128 -2- HB0128a
New Text Underlined [DELETED TEXT BRACKETED]

management responsibility under t his section, c onflicts of land o w n e r s h i p , 1
jurisdiction, or authority are unr econcilable or unmanageable o ther than at an 2
unreasonable cost and expense to the state, the commissioner , after public hearing in 3
accordance with AS 44.62, may modify, subject to the appr oval of the legislature, the 4
boundaries of the Chugach State Park , not to exceed 20 percent of the total acreage 5
described in AS 41.21.121. 6
* Sec. 2. AS 41.21.122 is amended by adding new subsections to read: 7
(b) The department may grant an easement or right-of-way withi n the 8
Chugach State Park for the purpos es of repairing, maintaining, and constructing roads 9
and related facilities within the park to a municipality if 10
(1) the easement or right-of-way is requested by the municipality; 11
(2) the municipality bears any costs associated with the grant ed 12
easement or right-of-way and facilities related to the easement or right-of-way; 13
(3) the municipality assumes the duty of maintaining the easem ent or 14
right-of-way and any related constructed facilities for the duration of the grant; 15
(4) the easement or right-of-way sets out the period of its du ration, 16
whether temporary or perpetual; 17
(5) the department provides notice of the proposed grant in the manner 18
provided by AS 44.62.190 and 44.62.200 and conducts at least on e hearing in 19
accordance with the provisions of AS 44.62.210; and 20
(6) the commissioner finds that granting the easement or right-of-way 21
(A) will improve, facilitate, or maintain public access to the 22
park; and 23
(B) is in the public interest. 24
(c) The Department of Transportation and Public Facilities sha ll repair and 25
maintain existing public roads within the Chugach State Park ex cept for repairs and 26
maintenance performed by a municipality under (b) of this section. 27
* Sec. 3. This Act takes effect July 1, 2025. 28