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