Legislature(2011 - 2012)
04/08/2011 03:37 PM House RES
| Audio | Topic |
|---|---|
| Start | |
| HJR20 | |
| HB186 | |
| HB229 | |
| HB113 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 113-STAMPEDE STATE RECREATION AREA
5:08:21 PM
CO-CHAIR FEIGE announced that the final order of business would
be HOUSE BILL NO. 113, "An Act creating the Stampede State
Recreation Area."
5:08:42 PM
REPRESENTATIVE DAVID GUTTENBERG, Alaska State Legislature,
referred to a map provided in the committee members' packets
that identifies the location of the proposed Stampede State
Recreation Area.
5:09:44 PM
The committee took an at-ease from 5:09 p.m. to 5:10 p.m.
5:10:36 PM
REPRESENTATIVE GUTTENBERG explained that HB 113 would establish
a state recreation area in the Stampede Road corridor, northwest
of Healy and flanked on three sides by the Denali National Park.
He described the land surrounding the proposed recreational area
as federal land. The people of the Denali Borough, which this
is part of, have decided to take control and create a recreation
area to allow for traditional activities, ranging from walking
to operating monster trucks. He explained that the Alaska
Supreme Court made the Denali Borough part of the Fairbanks
legislature district during legislative redistricting.
5:11:56 PM
REPRESENTATIVE GUTTENBERG offered his belief that the Denali
Borough was created to prevent the Matanuska-Susitna Borough
from extending north and the Fairbanks North Star Borough from
extending south. The Denali Borough decided to turn this area
into a recreational area and wishes to allow traditional uses.
New trails cannot be put into place without undergoing a
planning process, he said. He characterized the process of
creating the recreational area as an inclusive process. He
reiterated that the proposed Stampede Recreation Area would not
exclude any customary uses and he commended the people in his
district for doing a good job.
5:14:02 PM
CO-CHAIR FEIGE inquired as to whether the land is currently
state land.
REPRESENTATIVE GUTTENBERG answered yes.
CO-CHAIR FEIGE asked what for the advantage to designate the
land as a recreation area.
REPRESENTATIVE GUTTENBERG answered it puts into place that an
advisory board will decide what would be allowable in the
proposed recreation area.
5:14:56 PM
REPRESENTATIVE P. WILSON asked him to describe the planning
process and what it would entail.
REPRESENTATIVE GUTTENBERG responded that the Denali Borough
would consider any new activities in the proposed Stampede State
Recreation Area such as whether to build a new trail, add a
parking lot with picnic tables, or other recreational activities
that cannot occur on state land without undergoing the planning
process.
5:15:25 PM
REPRESENTATIVE P. WILSON related her understanding that the land
is surrounded by federal land. She asked for the current
designation of the proposed land.
REPRESENTATIVE GUTTENBERG answered that the proposed Stampede
State Recreation Area is state land surrounded by federal land.
In further response to Representative P. Wilson, he indicated
that the state land is currently without any designation.
5:15:55 PM
REPRESENTATIVE MUNOZ asked whether any current applications for
land use are underway.
REPRESENTATIVE GUTTENBERG answered yes. He explained that the
Usibelli Coal Mine, Inc. has some has some gas leases that may
touch the northern boundary, although these leases do not cross
the national park.
5:16:25 PM
REPRESENTATIVE MUNOZ inquired as to whether the designation of
the proposed state recreation area would affect any of the
applications.
REPRESENTATIVE GUTTENBERG answered he did not think so.
5:17:07 PM
REPRESENTATIVE MUNOZ again asked whether any land use
applications would affect the proposed site and how this bill,
if passed, would affect land use.
BEN ELLIS, Director, Central Office, Division of Parks & Outdoor
Recreation, answered that limited data is available, but the
department believes some gas potential may exist. He offered to
have someone else from the department provide additional
information.
5:18:01 PM
REPRESENTATIVE DICK referred to a letter from Steve Borell of
Alaska Miners Association opposing the designation. He read a
portion of the letter, including the state has 8.5 million acres
designated as parks, refuges, and other land closed to multiple
uses. He asked the legislature to not block any additional
state lands.
REPRESENTATIVE GUTTENBERG understood the letter was one just
received.
5:18:52 PM
REPRESENTATIVE DICK asked for further clarification.
REPRESENTATIVE GUTTENBERG answered the letter goes right to the
point that the proposed designation of the proposed Stampede
State Recreation Area would not preclude anything, but would
allow for a planning process for the area. He acknowledged some
gas potential may exist in the area, plus the Usibelli leases
dip into the area. He explained that the intent is not to lock
up any land, but to establish a planning process to decide what
could happen in the area. He did not think anything was being
precluded. He offered his view that the people in the Denali
Borough are as open to economic development. He agreed the
question raised is a good question to ask, but he maintained no
activity would be precluded from planning.
5:20:15 PM
CO-CHAIR SEATON said he was not familiar with the restraints of
the planning process in a state recreation area. He inquired as
to whether such a designation would limit oil and gas and mining
activities.
MR. ELLIS answered that he did not think so, but there could be
exceptions. He offered to research this and get back to the
committee.
CO-CHAIR SEATON requested an answer be sent to the committee in
writing.
5:21:35 PM
REPRESENTATIVE KAWASAKI referred to Section 1 of HB 113, which
discusses the purpose of the proposed Stampede State Recreation
Area. The second part of the bill deals with incompatible uses
and seems to say that if the uses are incompatible with the
primary purposes of the recreation area that it would be up to
the ADF&G to determine what would be allowed. The bill goes on
to outline what the commissioner cannot restrict. He inquired
as to whether language could be added that firms up the
commissioner cannot restrict natural resource development such
as the oil and gas development outlined in the Alaska Miners
Association letter.
REPRESENTATIVE GUTTENBERG offered his belief the letter from the
Alaska Miners Association made some big assumptions. He
reported that currently there is not any active exploration. He
understood leases to the north of the area have some oil and gas
activity. He explained that some people in the Denali Borough
would like restrictions and a significant number of the
residents do not want restrictions. These residents recognize
any gas activity could enhance their economic ability. At this
time there are not any inholders in this area. The land does
not contain timber, but consists of high alpine country. He
indicated that as sponsor of HB 113, he did not object to
ensuring oil and gas activity would not be restricted.
5:23:47 PM
REPRESENTATIVE KAWASAKI asked whether transiting the proposed
Stampede State Recreation Area would be considered a compatible
use in the event that potential oil and gas leases were adjacent
to the area, but required crossing the proposed recreation land.
REPRESENTATIVE GUTTENBERG answered that if oil and gas
facilities existed, access would be by roads directly to the
east on state or borough land or else the parties would need
permitting from the National Park Service (NPS).
5:24:38 PM
ROGER HEALY, Director/Chief Engineer, Division of Statewide
Design & Engineering Services, Department of Transportation &
Public Facilities (DOT&PF) referred to the department's
testimony during the 26th legislature on a similar bill. He
said the DOT&PF recommends reservation of a corridor not
currently included in the proposed Stampede State Recreation
Area bill for future transportation and utility infrastructure.
This corridor would not consist of an easement, but would be a
reservation of a corridor for rights-of-way purposes. Based on
lack of survey and resource information, the department
recommends a corridor 1,000 feet wide, 500 feet on either side
of the centerline of the existing R.S. 2477 route, running the
length of the route and connecting to existing infrastructure on
the east end. He reported that the DOT&PF does not have any
immediate plans for transportation infrastructure along the
corridor and it also does not anticipate any long-term plans.
However, the DOT&PF still recommends corridor reservation for
transportation, and utility infrastructure would provide future
Alaskans with the opportunity for transportation, energy
resource, and recreation that may develop over time that is
currently unknown. Additionally, it would also provide Alaskans
an opportunity to enhance recreational opportunities in the
proposed recreation area that cannot be seen or predicted today.
5:26:26 PM
CO-CHAIR SEATON indicated the map in members' packets does not
show the R.S. 2477 trail. He asked for clarification on the
location, in general terms, and whether it is a single trail.
MR. HEALY responded that the R.S. 2477 trail basically runs
along the old Stampede road and generally along the northern
portion of the proposed recreation area. He recalled the route
was shown on maps on a similar bill and that is what he is
looking at today.
CO-CHAIR SEATON related his understanding the R.S. 2477 trail is
located in the upper quadrant of the map.
MR. HEALY answered that he is correct.
5:28:11 PM
HANNAH RAGLAND, Friends of Stampede, stated local residents via
the assembly initiated the process for the proposed Stampede
State Recreation Area in 2006. Since October 2010, the local
residents created an informal group to support the recreation
area and other local issues. She reported that over 50 people
have attended meetings and over 70 local people are on their e-
mail list. She reported that the group has received statewide
support and little or no opposition. She explained that the
area is a pretty special place that has historically been used
for recreation. It has seen more and more use, as well as an
increase in search and rescues as people try to find Christopher
McCandless's bus. She recalled a Swiss resident drowned while
crossing a river in the area last summer. She pointed out that
public safety issues will need to be addressed by establishing a
recreation area. She concluded by reiterating local support for
the bill. She encouraged members to pass HB 113.
5:30:27 PM
JON NIERENBERG, Lodge Owner, said he has resided at Mile 4,
Stampede Road in Healy since 1983. He has lived for 13 years on
a remote homestead, building his home and business on Stampede
Road in 1996. He and his wife own and operate EarthSong Lodge
and several other tourism businesses year round. The proposed
Stampede State Recreation area would directly impact his
personal and professional life. He asked to place on the record
that he supports the proposal and all the goals of the Friends
of Stampede local advocacy group and Denali Citizen's Council.
He said his commercial operations relies 100 percent on the
scenic and recreational values the proposed recreation area
would protect and guarantee. He reported that their visitors
come from all over the country and world, including visitors to
the Denali National Park who stay at his lodge as an alternative
to the commercial, overdeveloped establishments near the
national park entrance. Visitors spend time at the lodge, hike,
and berry pick along the road, and some hike the Stampede trail
out to the bus from the film Into the Wild on the Sushana River.
5:32:03 PM
MR. NIERENBERG related that his winter guests seek an authentic,
natural wilderness dogsled experience. He holds a concession
for guiding in Denali National Park, which is accessed through
the Stampede corridor, the Wolf townships, and the proposed
Stampede State Recreation Area. He predicted that the proposed
Stampede State Recreation Area would guarantee all tourist-
related businesses some measure of security against conflicting
development and other activities. He predicted the future of
this area lies in tourism and recreation for visitors and local
Alaskans. He said he came to the area for its spectacular
recreational resources.
5:33:09 PM
MR. NIERENBERG reported in addition to a few other inholdings in
the Stampede State Recreation Area, that his homestead would be
an inholding in the proposed recreational area. However, he
still supports the designation of the proposed Stampede State
Recreation area. He offered his belief that too few protected
lands are available for current traditional uses. He envisioned
a land unit that would continue to allow for diverse activities
for local residents. He said that protecting this area would
demonstrate the legislature's commitment to proactively guarding
the local resident's way of life. He urged members to move
forward with creation of the Stampede State Recreation Area to
better serve the residents of Healy, all Alaskans, and visitors
from around the world.
5:34:36 PM
CO-CHAIR SEATON referred to page 3, lines 14-15 of HB 113. He
related his understanding that the language indicates that the
commissioner shall minimize additional infrastructure in order
to maintain the natural character of the area. He asked whether
that would that limit the ability of residents to plan. He said
it seems to say that the commissioner's duty shall not allow
activities such as a natural gas line. He asked if this
provision is essential to the bill.
REPRESENTATIVE GUTTENBERG responded that it has always been the
intent that in situations like that the commissioner has the
ability to make exceptions. He related his understanding that
the commissioner could allow for natural gas development under
the existing language.
5:36:28 PM
CO-CHAIR SEATON asked the sponsor to confirm with the
commissioner whether this specific language would restrict the
department with respect to approving infrastructure. He also
suggested that the sponsor confirm his constituent's intentions
with respect to removing infrastructure decisions from the local
planning process.
REPRESENTATIVE GUTTENBERG agreed to do so. He noted he received
an e-mail from his constituents and other testimony was given
that confirmed his understanding that the local residents
understood the commissioner would have the ability to allow
resource development to happen. He offered to confirm this and
provide additional information to the committee.
5:37:43 PM
[HB 113 was held over.]
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