04/12/1996 04:24 PM Senate RES

                                                                               
   CSHB 447(RES) PROTECT ACCESS FOR TRADIT'NL OUTDOOR USES                   
                                                                               
                                                                               
  CHAIRMAN LEMAN  brought CSHB 447(RES) before the committee.                  
  DAVID STANCLIFF , staff to Representative Masek, who is the prime            
 sponsor of HB 477, said the legislation is very similar to SB 230             
 (MANAGEMENT OF PARKS & RECREATIONAL AREAS) which was passed out by            
 the committee in March.  In HB 477 a change was made to indicate              
 that this particular legislation does not affect private property.            
 Another change clarifies that where there is a development interest           
 occurring, the people who are developing the leases or the interest           
 have the ability to direct access through those properties should             
 a conflict occur.  He said it would basically be the same bill as             
 SB 230 without those two changes.                                             
                                                                               
  ROY BURKHART , a 36-year resident of Alaska testifying from the Mat-         
 Su LIO, stated he supports the legislation because he thinks it is            
 important that Alaskans be allowed to use the resource that belongs           
 to them.  He said there will probably be testimony that there is a            
 conflict between user groups, and then DNR or the administration              
 will try to get people to compromise so that this conflict is kept            
 to a minimum.  He said he would like to know how many acres in                
 Alaska and how many miles of waterways are restricted to motorized            
 use.  He would also like to know how many miles of waterways and              
 how many acres are restricted where the non-motorized users can't             
 use them.  He thinks that information will show that there isn't              
 any compromise made at all.  When there is a conflict, the                    
 motorized units are restricted; it's never the non-motorized users.           
 He said it is very important that the Legislature, which is the               
 voice of the people, make these decisions because he has witnessed            
 three administrations making the same decisions and the input from            
 the public doesn't seem to make any difference.                               
                                                                               
  LEONARD HAIRE , a 26-year resident of Alaska testifying from the             
 Mat-Su LIO, said he thinks the important point to emphasize is that           
 the control, right now, is not with the people.  The power is in              
 procedures and not in the results.  He urged passage of CSHB
(RES).                                                                     
                                                                               
 Number 530                                                                    
                                                                               
  SAM MCDOWELL , testifying from Kenai, said he is delighted the               
 legislation provides that it will take legislative approval if the            
 commissioner of natural resources intends to block access to our              
 common property of natural resources.  He added it must be per the            
 Alaska Constitution.                                                          
                                                                               
  DALE BONDURANT , testifying from Kenai in support of CSHB 447(RES),          
 pointed out that the Alaska Constitution states that no resident of           
 Alaska or citizen of the United States shall be denied access to              
 public and navigable waters.  He said now is the time to make sure            
 that trails and access are provided from the state lands to the               
 federal lands before the state lands become public lands.  He added           
 that he thinks Commissioner Shively of the Department of Natural              
 Resources is not meeting his obligation to make sure that there is            
 the access to these lands.                                                    
 Number 582                                                                    
                                                                               
  JEFF PARKER , testifying from Anchorage, said neither the Alaska             
 Sport Fishing Association or Trout Unlimited have had time to study           
 or take a position on CSHB 447(RES).  However, he suggested that              
 the bill be amended to a related issue, which is when there are               
 illegal trespass roads that are created across state lands.  The              
 amendment should direct the Department of Natural Resources to                
 close illegal roads that are created by bulldozing across state               
 lands, unless a process is determined that they should be opened.             
                                                                               
                                                                               
  CHAIRMAN LEMAN  said he would work with the bill's sponsor and staff         
 to look at his suggested amendment.  He then stated CSHB 447(RES)             
 would be set aside and carried over until the next day.