Frank H. Murkowski
GOVERNOR 
 STATE OF ALASKA
OFFICE OF THE GOVERNOR
JUNEAU
October 21, 2004

ADMINISTRATIVE ORDER NO. 222

I, Frank H. Murkowski, Governor of the State of Alaska, under the authority of art. III, secs. 1 and 24, of the Alaska Constitution, hereby establish in the Department of Natural Resources, Division of Parks and Outdoor Recreation, the Outdoor Recreation and Trails Advisory Board (ORTAB), to serve as the state trails recreational access and other outdoor recreation activities advisory board primarily for purposes of implementing the Land and Water Conservation Fund Act of 1965 (P.L. 88-578) and the National Recreational Trails Fund Act of 1991 (P.L. 102-328).

In conjunction with the establishment of the ORTAB, this Order revokes Administrative Order No. 161 and amends Administrative Order No. 193, regarding the TRAAK Board.

PURPOSE AND DUTIES OF THE ORTAB

1.The primary purpose of the ORTAB is to advise the director of the Division of Parks and Outdoor Recreation (Division) on project funding for eligible outdoor recreation projects under the Land and Water Conservation Fund Act (LWCF) and the National Recreational Trails Fund Act (Recreational Trails Program); to nominate, review, and comment on trail and outdoor recreation projects during the public processes of the Department of Natural Resources (DNR) and other agencies; and to help the Division advocate the economic, health, and social benefits of state trails and recreation access.

2.Under the LWCF and Recreational Trails Program (RTP), the ORTAB shall:

(a)review projects to ensure that all potentially eligible applicants have a fair opportunity to participate in grant financing under the LWCF and the RTP;

(b)apply LWCF and RTP criteria to projects based on the relative need for trail maintenance, park land acquisition, and outdoor recreation development, as identified in the Statewide Comprehensive Outdoor Recreation Plan developed under the Land and Water Conservation Fund Act of 1965 (P.L. 88-578);

(c)provide information and coordinate public participation in the project selection process under the LWCF and the RTP;

(d) recommend a final ranking of projects for funding under the LWCF and the RTP to the state liaison officer in the Division; and

(e)recognize that the LWCF and the RTP are different programs, and that federal appropriations under these programs must remain separate.

The ORTAB shall advise the director and the state LWCF and RTP liaison officer on issues relating to the implementation of the LWCF and the RTP.

3.The ORTAB shall carry out its duties regarding the Alaska Trails System as described in Administrative Order No. 193, as amended by this Order.

MEMBERSHIP

The ORTAB consists of nine members, to be appointed by the Commissioner of DNR, with statewide representation. Membership must include representation from non-motorized and motorized users of trails, minorities, disabled users of trails, and other recreation users. Minority representation must reasonably represent the ratio of the minority to the non-minority population of the state. Members of the ORTAB must have experience and knowledge of trails and recreational access, as well as statewide interest in recreational issues. Member terms shall be three years in duration and shall expire according to AS 39.05.053. The initial appointments shall be set according to AS 39.05.055(7) to ensure staggered initial terms.

A vacancy on the ORTAB shall be filled by appointment by the Commissioner of DNR. A member appointed to fill a vacancy serves for the unexpired term of the member whose vacancy is filled.

Members of the ORTAB are not entitled to receive compensation for service on the ORTAB, but are entitled to per diem and travel expenses authorized by law for boards and commissions.

The ORTAB may invite non-voting, telephonic participation from representatives of the United States National Park Service, the United States Bureau of Land Management, the United States Forest Service, the Alaska Department of Transportation and Public Facilities, the Alaska Department of Fish and Game, the Alaska Department of Commerce, Community, and Economic Development, or other government agencies as appropriate.

PROCEDURES AND MEETINGS

The ORTAB may set operating procedures, elect officers, and establish standing committees as it considers appropriate.

The ORTAB shall meet no less than twice a year, on dates selected by the members. Meetings of the ORTAB shall be held, and notice of the meetings provided, in accordance with AS 44.62.310 and 44.62.312 (Open Meetings Law). To reduce costs, the ORTAB may meet by teleconference.

A quorum of the ORTAB consists of six members. A vacancy on the ORTAB does not affect the quorum. At least one appointed member representing motorized trail users and one appointed member representing non-motorized trail users must be present during the review, evaluation, and prioritization of RTP projects.

Records of the ORTAB are subject to inspection and copying as public records under AS 40.25.110 - 40.25.220.

ADMINISTRATIVE RESPONSIBILITIES OF DNR

The DNR is responsible for general statewide implementation, administration, compliance, and fiscal oversight of the LWCF and the RTP in Alaska.

ADMINISTRATIVE ORDER NO. 161 REVOKED

Administrative Order No.161, dated February 14, 1996, regarding the Governor's Trails and Recreational Access for Alaska Citizens' Advisory Board (TRAAK Board) is hereby revoked.

ADMINISTRATIVE ORDER NO. 193 amendments

Administrative Order No. 193, establishing the Alaska Trails System, is amended as follows:

1.The "Definition" section is replaced by the following: "The Alaska Trails System is the aggregate of all the trails in Alaska that have been nominated, evaluated, and recommended for the Alaska Trails System by the former Trails and Recreational Access for Alaska Citizens' Advisory Board (TRAAK Board) or by the Outdoor Recreation and Trails Advisory Board (ORTAB), and designated by this Order or by the Department of Natural Resources as included in that system."

2.The last sentence of the second paragraph of the "PURPOSE" section is replaced by the following: "The creation of this statewide network of specially recognized trails does not affect existing rights of land ownership or jurisdiction, and is intended to further effectuate Administrative Order No. 222, under which the ORTAB was established."

3.The section on "INCLUSION OF ADDITIONAL TRAILS IN THE ALASKA TRAILS SYSTEM: ADMINISTRATIVE RESPONSIBILITIES" is replaced by the following: "The ORTAB is responsible for evaluating and recommending additional trails for inclusion in the Alaska Trails System.

The Department of Natural Resources, in consultation with the ORTAB, shall develop criteria and procedures for the Department of Natural Resources' designation of additional trails for the Alaska Trails System, and other procedures dealing with financing, monitoring, coordinating, promoting, reporting, and record keeping."

This Order takes effect immediately.

DATED at Juneau, Alaska, this 21 day of October, 2004. 
 
 

/s/Frank H. Murkowski
Governor


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