Legislature(2017 - 2018)BARNES 124
01/27/2017 01:00 PM House RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| HJR6 | |
| HB6 | |
| HJR5 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 6 | TELECONFERENCED | |
| + | HJR 4 | TELECONFERENCED | |
| + | HJR 5 | TELECONFERENCED | |
| *+ | HJR 6 | TELECONFERENCED | |
HB 6-JONESVILLE PUBLIC USE AREA
1:56:51 PM
CO-CHAIR JOSEPHSON announced that the next order of business
would be HOUSE BILL NO. 6, "An Act establishing the Jonesville
Public Use Area."
1:57:15 PM
REPRESENTATIVE RAUSCHER, speaking as the sponsor, informed the
committee HB 6 was written to address problems that have existed
since 2009 or longer. The area of the Jonesville coal mines has
been progressively deteriorating; the [Surface Mining Control
and Reclamation Act of 1977] provided federal funds for mines
that did not have accounts or bonds for reclamation, such as
mines in operation in the 1930s and earlier. After the
Jonesville coal mines closed in the 1970s, millions of dollars
in reclamation funds have been used for roads, recreational
vehicle parking, and to suppress coal fires. However, after
roads and parking were provided, the area grew in popularity.
Public use also grew due to the establishment of the Knik River
Public Use Area, because some of its former users moved to
Sutton for activities. He opined a management plan for the
Jonesville area was not anticipated, thus many activities ensued
that the state is unable to curtail. Representative Rauscher
stated that as more people come to recreate, management of the
area is needed so that activities can coexist safely to prevent
shooting across an unmarked trail where four-wheelers are
riding, or shooting near homes. Without signage, people are
unaware of private property and because that is not a healthy
situation for homeowners, local residents contacted local and
state representatives for guidance. Government representatives
advised that property owners should organize, gather
information, and canvas the communities and user groups. He
referred to documents provided in the committee packet. The
Sutton Community Council formed a committee that contacted all
of the users to ensure that all of the user groups recognized
the problem. The Department of Natural Resources and the Alaska
State Troopers also provided guidance, and it was decided to
model a solution after the Knik River Public Use Area. No
government money was spent except for that of the local
communities, and a document was produced that described how to
achieve a management plan for the land, including the enabling
legislative agreement to create a public use area. In the
meantime, a person was shot, and many other accidents have
happened in the area. Representative Rauscher advised that the
community seeks to write a management plan which would be
revised and/or adopted by the commissioner of the Department of
Natural Resources, without cost to the state.
2:06:29 PM
DARRELL BREESE, staff, Representative George Rauscher, Alaska
State Legislature, said Section 1 of the bill states the purpose
of creating the Jonesville Public Use Area and its goals:
• year round public recreation for an area popular for
camping, hiking, skiing, and riding snow machines
• protect wildlife such as waterfowl, fish, and game
• provide full spectrum of public uses for motorized and
non-motorized recreation, ATVs, snow machines, mountain
bikes, horses, sled dogs
• allow continued access for mining and to private property
MR. BREESE explained that Section 2 deals with management and
after adopting the public use area the process of developing a
management plan begins with public hearings. After the
community process of drafting the plan, the commissioner [of
DNR], in consultation with the Alaska Department of Fish &
Game, will adopt the plan. On page 2, line 29, the bill allows
the commissioner to define and restrict incompatible uses to
certain areas. On page 3, line 6, the bill defines what the
commissioner cannot restrict, including lawful hunting,
fishing, trapping, the use of weapons and firearms, and other
recreational opportunities. Mr. Breese paraphrased from HB 6
on page 3, beginning on line 17, as follows:
(B) include all-terrain vehicles, aircraft,
watercraft, snowmachining, horseback riding, hiking,
bicycling, dog sledding, cross-country skiing,
skijoring, camping, hunting, fishing, trapping,
wildlife viewing, photography, and, where permitted,
rifle and pistol ranges, parking of vehicles, and
mineral exploration and mining; and
MR. BREESE said the intent is to provide access that all
Alaskans can enjoy. On page 4, beginning at line 8, is a legal
description of the boundary area which is to be corrected by a
forthcoming amendment. On page 5, beginning at line 17, the
bill describes enforcement authority to that of Alaska State
Troopers. On page 5, beginning at line 21 and continuing to
page 6, line 2, other authority is held as follows:
(1) an employee of the department or another person
authorized by the commissioner; (2) a peace officer,
as that term is defined in AS 01.10.060. (b) A person
designated in (a) of this section may, when enforcing
the provisions of AS 41.23.280 - 41.23.289 or a
regulation adopted under AS 41.23.280 - 41.23.289, (1)
execute a warrant or other process issued by an
officer or court of competent jurisdiction; (2)
administer or take an oath, affirmation, or affidavit;
and (3) issue a citation or arrest a person who
violates a provision of AS 41.23.280 - 41.23.289 or a
regulation adopted under AS 41.23.280 - 41.23.289. (c)
A citation issued under (b) of this section must
comply with the provisions of AS 12.25.175 - 12.25.230
MR. BREESE said the final section describes penalties that may
be imposed.
CO-CHAIR JOSEPHSON deferred a question related to the penalty
portion to the next hearing of the bill.
2:12:41 PM
ED FOGELS, Deputy Commissioner, Office of the Commissioner,
Department of Natural Resources, agreed that the situation in
the Jonesville area has been accurately described by the bill's
sponsor. The department has special areas of which it has
enforcement authority and active management, but it does not
have the resources to exercise active management of the majority
of state land. Situations develop, such as that of the Knik
River Public Use Area, where there were significant issues, and
after a similar bill was passed, the problem was "essentially
solved." He advised DNR does not have objections to the bill,
but he pointed out that the Knik River Public Use Area bill was
successful because it attached a fiscal note granting DNR
resources to actively management the area; however, HB 6 lacks
fiscal resources. The department will be involved in the
creation of the management plan that may be adopted by the
commissioner if it meets all of the state's interests. Although
DNR does not have staffing for active management and
enforcement, he said the department is very interested in
solving issues in this area.
2:15:25 PM
CO-CHAIR JOSEPHSON announced HB 6 was held over.