2000-02-09                     Senate Journal                      Page 2236
SB 257                                                                       
SENATE BILL NO. 257 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
An Act relating to notice requirements for certain                            
final findings concerning the disposal of an interest                          
in state land or resources for oil and gas; relating to                        
administrative appeals and petitions for                                       
reconsideration of decisions of the Department of                              
Natural Resources; and providing for an effective                              
date.                                                                          
                                                                               
                                                                               

2000-02-09                     Senate Journal                      Page 2237
SB 257                                                                       
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
                                                                               
Zero fiscal note published today from Department of Natural                    
Resources.                                                                     
                                                                               
Governors transmittal letter dated February 8:                                 
                                                                               
Dear President Pearce:                                                         
                                                                               
The Department of Natural Resources appeal process is overly                   
complex, confusing, and even frustrating to the public and                     
department staff. Seemingly similar decisions have different appeal            
tracks with different requirements and timelines. Appellants are               
sometimes required to make multiple appeals on the same issue. This            
bill I transmit today simplifies and makes consistent the department's         
appeal process to better serve the public.                                     
                                                                               
The bill eliminates the redundant process for non-disposal decisions           
in which a person now must appeal to the director, then the                    
commissioner, then, through reconsideration, to the commissioner               
again. Instead, appellants would be allowed only one opportunity to            
make their case to the commissioner. The next step is to go to court.          
This process was implemented in 1994 disposal legislation and                  
should be extended to all department decisions.                                
                                                                               
The bill corrects another confusing result of the 1994 law, which set          
different appeal deadlines based on whether the case was a disposal            
or non-disposal decision, or a reconsideration request (as opposed to          
an appeal). The public cannot figure out in which category an action           
belongs and, therefore, by which deadline to abide. This bill                  
eliminates the confusion by setting a 20-day deadline on all appeals           
and reconsideration requests. Decisions rendered under the Alaska              
Right-of-Way Leasing Act and the Alaska Stranded Gas Development               
Act are specifically exempt from this new provision.                           
                                                                               
                                                                               

2000-02-09                     Senate Journal                      Page 2238
SB 257                                                                       
Finally, the bill makes it clear that department decisions may be              
challenged in court, despite the fact most department decisions are            
exempt from portions of the Administrative Procedure Act.                      
                                                                               
This bill will correct many aspects of the Department of Natural               
Resources appeal process that are confusing and cumbersome for the             
public. I urge your support.                                                   
                                                                               
					Sincerely,                                                                
					/s/                                                                       
					Tony Knowles                                                              
					Governor