Legislature(2017 - 2018)BUTROVICH 205
04/03/2017 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB88 | |
| SB65 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 88 | TELECONFERENCED | |
| *+ | SB 65 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 65-JONESVILLE PUBLIC USE AREA
3:54:43 PM
CHAIR GIESSEL announced consideration of SB 65. She stated that
Alaska's public lands were meant for all Alaskans, ensuring that
multiple types of uses occur, but not at the expense of public
safety or harm to the environment.
In 2006, the legislature passed HB 307, which set up the Knik
Public Use Area. That was in response to the need to establish
some order to the problems of vandalism, shooting, and trail
degradation that had arisen in that area. While this example has
shown to be a success, some of the very troublesome activities
that the public use area curbed have found their way into the
Jonesville area near the community of Sutton. So, the Community
Council of Sutton and residents in and around the Jonesville
area would like to replicate the Knik River Public Area success
with the legislation before them.
3:55:51 PM
GINA RITACCO, staff for Senator Dunleavy, Juneau, Alaska,
presented SB 65 for the sponsor. She said the Jonesville Public
Use Area is approximately 11,000 acres and is surrounded by the
community of Sutton, which was originally formed as a coal
mining community. Mining took place from 1920s-70s under the
1977 Mining Reclamation Act, which was a federal act. The
federal government paid for the area to be restored to a more
natural use. In 2006 and 2009, additional restoration work was
done. At that point, the land became general state use land,
which can't restrict any legal activity, such as all-terrain
vehicles (ATV), hiking, swimming, camping, and shooting.
However, illegal behavior, like lighting cars on fire, remain
illegal.
She said the increased popularity of the area is due to many
options for recreation that include swimming and camping, hiking
trails, and former mining areas for motorcycle and ATV riding.
Motorhome and camping are used year-round. One of the main
problems is that random makeshift shooting ranges have occurred.
So, gunfire is crossing hiking paths and camping areas, as well
as local homes. The Sutton Community Council calls it the "Mad
Max Theatre." In fact, last year a stray bullet caused one
fatality. The neighborhood complains of constant loud explosive
sounds and abandoned vehicles.
MS. RITACCO explained that to restrict any legal activities,
such as the stray bullets, the area must be designated as a
public use area, which then triggers a management plan. This
bill does not actually require DNR to create a management plan,
but it allows for the possibility of one going through. A
management plan cannot be set up under general state use land.
She added that a management plan would allow DNR to designate
areas for specific use and this would protect homes and property
of local citizens, reduce the ATV accidents, increase safety for
recreational shooting, mitigate illegal dumping, and provide a
healthy and safer environment for the public to use in general.
This bill was modeled after the 2006 Knik River Public Use Area,
the main difference being that this comes with no funding for
enforcement or creation of the management area.
SENATOR MEYER asked what will be done since there is no money
for developing the plan or enforcement.
MS. RITACCO replied that it would go into the DNR job queue.
However, other programs that have money attached are a priority,
and it is possible that DNR never gets around to creating a
management plan.
3:59:39 PM
SENATOR MEYER remarked that if this needs to be done it should
have adequate funding. This area has had problems and he asked
if the Knik River Public Use plan is done.
MS. RITACCO answered yes, and it had funding attached to it. She
added that the Sutton Community Council and the local interest
groups aren't concerned about not having money attached. The
first step is to allow the designation of the Jonesville Public
Use Area. She said the Sutton Community Council has been able to
raise $150,000 for a playground in the past and feels rather
confident that they can find some money.
SENATOR MEYER responded that that is very noble of the Sutton
Community Council, but he thought that enforcement was needed,
or the problems will continue to exist.
SENATOR HUGHES asked if the community could develop a management
plan and present it to DNR.
MS. RITACCO replied that the community has already been in
contact with DNR and is working with all the stakeholders to
develop a plan. DNR has said they would be willing to go out for
public comment on it. The next step would be for the
commissioner to sign off on it.
4:02:38 PM
SENATOR HUGHES asked if that were to happen, would troopers be
able to enforce it.
MS. RITACCO answered yes. They would then have the authority to
write citations for whatever was not being followed in the
management plan. As it stands right now, troopers can still go
and arrest people for arson and other illegal activity, but the
management plan would allow them to write tickets to people who
are hiking through the shooting range or shooting in the hiking
area and things like that. The bill also allows for the DNR
commissioner to authorize volunteers for enforcement, and the
community of Sutton has volunteers that would be willing to do
that.
4:03:40 PM
SENATOR HUGHES asked if the community's plan has a timeframe for
presentation to the commissioner.
MS. RITACCO answered that she didn't know of one.
4:04:25 PM
MS. RITACCO provided a sectional analysis of SB 65.
Section 1 has multiple subsections. Section 41.23.280
establishes the purpose of the public use area. AS 41.23.282
provides for management of the surface and subsurface estate to
be managed by DNR and the fish and wildlife to be managed by
ADF&G. It clarifies that the public use area is not part of the
state park system. It directs DNR to identify and protect
wetlands within the boundaries.
Section 41.23.284 provides for the type of uses that may and may
not be prohibited. AS 41.23.286 defines the boundaries of the
public use area. AS 41.23.288 describes who has enforcement
authority for violations committed. AS 41.23.289 states that the
penalty is a violation as defined in AS 11.81.900 and requires
the Supreme Court to create a bail schedule for these
violations.
Section 2 is uncodified law and directs the Supreme Court to
create a bail schedule within 90 days after the management plan
is adopted. That concluded the analysis.
CHAIR GIESSEL opened invited testimony.
4:05:39 PM
LYNNE WOODS, representing herself, Sutton, Alaska, supported SB
65. She said she lives on the Jonesville Access Road and was a
Mat-Su Borough Assembly person when the Knik River Public Use
Area was created. They always wondered where the "rabble
rousers" were going to go next. They chose Sutton where their
activities have been tolerated for too many years.
MS. WOODS said planning started in this area in 1986 when the
Moose Range was created. Good plans are already done. Chickaloon
Village is very active and has done stream restoration at Moose
Creek and initiated a planning process with the Mat-Su Borough a
few years ago identifying lands to keep for recreation, hunting,
and fishing, and those things that are being lost now. She said
with this tool they can establish goals and find potential
funders. They are very motivated.
4:09:35 PM
SENATOR HUGHES asked if there is a timeframe for the community
to present its work to the DNR commissioner.
MS. WOODS answered that 12 months is a realistic timeframe.
4:10:11 PM
PATTI BARBER, representing herself, Butte, Alaska, supported SB
65. It was modeled after the Knik River Public Use area, which
has been a success in addressing the junk cars, trash, and
unsafe target practice issues. This popular recreation area in
Sutton needs the same support to address the same problems that
happened in Butte.
KENNY BARBER, representing himself, Butte, Alaska, supported SB
65 for the same reasons Ms. Barber did, but he didn't think
private individuals would foot the whole bill. Some government
entity would have to contribute. He knows that DNR has its own
enforcement rights on the Knik River Public Use Area, and the
same thing could happen in Sutton.
4:12:12 PM
SENATOR MEYER asked if he would be willing to support a motor
fuel tax to pay for something like this.
MR. BARBER said yes, but the only "heart burn" he has is that
tax money can't be earmarked for that type of use.
JIM SYKES, Member, Matsu Borough Assembly, Palmer, Alaska,
supported SB 65. He observed the very strong community input
that went into the plan. There is usually some opposition to
issues like this, but he hadn't heard of any on this specific
one, so far. He said the borough could supply planners and
connect people who can answer questions. Part of what they look
forward to in developing a plan is that the Borough Land
Management Department has committed to helping develop that
management plan with DNR.
4:15:01 PM
CLARK COX, Natural Resources Manager, Division of Mining, Land
and Water, Department of Natural Resources (DNR), Anchorage,
Alaska, said he was available to answer questions on SB 65.
SENATOR WIELECHOWSKI said this proposal will require creating a
plan and asked how that might be financed.
MR. COX replied that the DNR commissioner would have to
prioritize it.
SENATOR WIELECHOWSKI asked how the department's job queue works.
MR. COX explained that parts of the state have no plan, so he
wouldn't try to determine how the commissioner would prioritize
this.
SENATOR COGHILL said language on page 2, line 26-29, requires
eminent domain of private property, and he wants to make sure
they aren't taking lands out of private hands inappropriately,
and that could have a fiscal impact.
CHAIR GIESSEL said she thought that was a Department of
Transportation and Public Facilities (DOTPF) right-of-way
question.
4:18:10 PM
HEATHER FAIR, Statewide Right-of-Way Chief, Division of
Statewide Design & Engineering Services, Department of
Transportation and Public Facilities (DOTPF), Juneau, Alaska,
supported a changed to clarify that language.
SENATOR COGHILL noted that he was working on language with the
sponsor.
4:19:02 PM
MS. RITACCO added that the current wording is confusing, because
there is no private land within Jonesville Public Use Area
boundaries. The intent of this section was to eliminate the
state's authority to eminent domain of private property to add
additional land to the 11,000 of public use area. They didn't
intend to remove the department's authority to take private land
entirely, especially because the highway close to Sutton is
already being eroded by the Matanuska River and DOTPF might have
to move the highway and use eminent domain in the process.
SENATOR COGHILL said the bill has several mandates and asked if
legal language was needed to put it in the job queue without
funding. If the state isn't going to pay for it, he thought it
was wrong to demand that it be done.
MR. COX answered that he is not a lawyer, but thought Senator
Coghill was right. In general, the "shalls" and "musts" mandate
the public to think that things will get done quickly, and maybe
the department needs some cover language.
CHAIR GIESSEL noted that Senator Coghill would work with Senator
Dunleavy on that language. She then opened public testimony.
MARK BERTELS, President, Sutton Community Council (SCC), Sutton,
Alaska, supported SB 65. He worked on the Jonesville/Slipper
Lake Committee for the past year and has a lot of background on
this issue. The community almost unanimously supports this bill.
This has been an evolving problem since the area was opened to
more public use and because of displacement of the problems from
the Knik River area. He agreed with the introduction by Ms.
Ritacco and comments by Mr. Sykes and Ms. Woods. A lot of
groundwork has been done, and a management plan would be
advantageous to adjacent land owners.
4:25:17 PM
Troopers have responded to that area, he said, but the problem
is that all the activities overlap. The troopers have no mandate
to act or write citations, because there is no management plan
or designated areas. With a management plan they would be able
to act.
MR. BERTELS explained that each year private contractors and a
lot of volunteers do spring cleanup on the trails that sometimes
look "like a bomb went off." He couldn't give them an answer on
the scheduled development of the plan other than the MatSu
Borough planning team would help to develop milestones.
SCOTT LAPIENE, representing himself, Wasilla, Alaska, supported
SB 65. Mr. Lapiene said he was a member of the Citizens' Action
Committee for development of this legislation. He listed
numerous positions he held in the MatSu Borough that involved
raising money and clearing about 30 miles of multi-use trails in
the Sutton community. He participated in the development of the
Knik River Public Use Area and noted that that legislation
included specific powers for DNR within the boundaries of the
public use area.
4:30:22 PM
There are several options for funding once something is
established, he said, but it would be nice for the Division of
Mining, Land, and Water to have some dollars to assist in the
development of the management plan. Implementation and
enforcement of a plan could be done in a few ways: for instance,
a motor fuels tax, user fees, or the use of a purchased trail
pass where it wouldn't matter if you are on a bicycle, a dog
team, or a snow machine.
4:31:59 PM
BETH FREAD, representing herself and the Jonesville Public Use
Area, Palmer, Alaska, supported SB 65. Ms. Fread said she
participated in the large Slipper Lake/Jonesville Area
Committee. She explained that several communities in the MatSu
Borough do make efforts of this nature and work with the borough
to establish funding mechanisms. "No one should be put off by a
zero-fiscal note," she said, especially since it is happily
endorsed by the Sutton and Chickaloon communities who have
promised to help with funds if necessary. People are not
comfortable living alongside this area. It is also costly for
the volunteers and the companies that participate in the yearly
cleanup.
AL BARRETTE, representing himself, Fairbanks, Alaska, supported
SB 65 with an amendment to protect existing trap lines and make
the area pet-free during trapping season. He said the Knik
Special Use Area has the same issues with trappers and pet
owners. The troopers don't have anything to stand on, because
the trappers are legally allowed to trap, and it's time for the
legislature to be preemptive in urban areas like this where the
problem exists and there are user group conflicts.
CHAIR GIESSEL, finding no further comments, closed public
testimony. She set SB 65 aside saying that for more than a
decade she had been aware that this is "a wild west area."