The KPB Trails Commission recommends the following language for consideration by State Legislators in revision of Alaska's Recreational Use Statute (AS 09.65.200). These elements were derived from the existing Recreational Use Statutes of other States.

(A) Purpose of Statute

The purpose of this law is to encourage owners or others in lawful possession and control of land to make the use and passage over their land for non-commercial recreational purposes available to the public by limiting their liability toward persons entering thereon for such purposes.

(B) Definitions

(1) "Land" means land, roads, trails, water, watercourses, private ways, and buildings, structures, and machinery or equipment when attached to the land.

(2) "Owner", and "landowner" includes, but is not limited to, the possessor of a fee interest, a tenant, lessee, occupant, easement holder or possessor of any other interest in land, or any person, organization, or public entity having a right to grant permission to use the land.

(3) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land.

(4) "Recreational Use" means any outdoor activity undertaken for the purpose of exercise, relaxation, or pleasure, including practice or instruction in any such activity. Recreational use includes, but is not limited to, any of the following or any combination thereof: hunting, fishing, trapping, boating, camping, exploring caves, picnicking, hiking, bicycling, dog sledding, equine activities, driving, swimming, birding, nature study, operating snowmachines and all terrain vehicles, skiing, sledding, skating, rock climbing, viewing, education and research, enjoying historical, archaeological, scenic, or scientific sites, and activities involving the harvesting or gathering of forest, field, or marine products. It does not include any organized sporting competition or event sponsored by the owner of the property on which the activity takes place.

(5) "Person" means any individual, regardless of age, maturity, or experience.

Owner's Liability

(1) An owner of land, who directly or indirectly invites or permits any person to enter his/her land for recreational use, without charge, owes no duty of care to keep that land or water area safe for entry or recreational use by others, or to give warning to persons entering or going on that land or water of any hazardous conditions, structures, or activities thereon. An owner shall not, by allowing such use:

(a) Be presumed to extend any assurance that such land is safe for any purpose,

(b) Incur any duty of care toward a person who enters upon the land, or

(c) Become liable or responsible for any injury to persons or property caused by the act or omission of a person who enters upon the land.

(2) The foregoing applies whether the person entering upon the land is an invitee, licensee, trespasser, or otherwise.

(3) Neither the installation of a sign or other form of warning of a dangerous condition, use, structure, or activity, nor any modification made for the purpose of improving the safety of others, nor the failure to maintain or keep in place any sign, other form of warning, or modification made to improve safety, shall create liability on the part of an owner of land where there is no other basis for such liability.

(D) Exemptions from Protection

(1) Nothing in this statute limits in any way liability which otherwise exists:

(a) For willful or malicious, but not mere negligent, failure to guard or warn against a dangerous condition, use, activity, structure, or personal property, which the owner knowingly creates or perpetuates actually known to the owner to be dangerous; and for willful or malicious failure to guard or warn against a dangerous activity which the owner knowingly pursues or perpetuates, and

(b) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, or for business invitees in commercial establishments. In the case of land leased to the State, a political subdivision thereof, or a third party, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.

(E) Protection of Owner's Rights

Nothing in this article shall be construed as granting or creating a right for any person to go on the lands of another without permission of the landowner.

The limitation of liability extended by this Section to the owner, lessee, or occupant of premises shall not be affected by the granting of a lease, right of use, or right of occupancy for any recreational purpose which may limit the use of the premises to persons other than the entire public or by the posting of the premises so as to limit the use of the premises to persons other than the entire public.

Protection of Public Rights

Nothing in this section shall be construed to diminish or divert any public right acquired by dedication, reservation, prescription, or grant.

This section does not enhance or diminish rights granted under former 43 U.S.C. 932 (R.S. 2477).