02/24/2014 08:00 AM Senate FINANCE

SENATE BILL NO. 109                                                                                                           
                                                                                                                                
     "An Act extending the termination date of the                                                                              
     Citizens' Advisory Commission on Federal Management                                                                        
     Areas in Alaska; and providing for an effective date."                                                                     
                                                                                                                                
9:13:00 AM                                                                                                                    
                                                                                                                                
Vice-Chair Fairclough returned the gavel to Co-Chair Meyer.                                                                     
                                                                                                                                
9:13:39 AM                                                                                                                    
                                                                                                                                
CHAD HUTCHISON, STAFF, SENATOR  JOHN COGHILL, explained that                                                                    
SB  109  would  extend  the sunset  date  of  the  Citizen's                                                                    
Advisory Commission of Federal  Areas (CACFA). The extension                                                                    
would be  from June 30, 2014  to June 30, 2021.  He provided                                                                    
some  background  on  the  commission.   He  said  that  the                                                                    
commission was  currently particularly important  because of                                                                    
the  federal executive  branch's behavior  as it  related to                                                                    
natural resource  development and land access  issues in the                                                                    
state. He  shared that the commission  held hearings related                                                                    
to  land   management  and  access,  and   natural  resource                                                                    
development. He  related that the commission  held 2 summits                                                                    
in 2013  that were  attended by several  Alaskan politicians                                                                    
concerned with  federal overreach. He expounded  on the many                                                                    
ways  the commission  fought against  federal overreach.  He                                                                    
shared that CACFA was creating  and electronic database that                                                                    
would  analyze  and  review  the  Memorandums  of  Agreement                                                                    
(MOA's)  and Memorandums  of  Understanding (MOU's)  between                                                                    
state departments  and federal  agencies with the  intend of                                                                    
establishing a  database that regular citizens  could use to                                                                    
understand  potential  legal  repercussions when  trying  to                                                                    
move forward with  development on federal land.  He spoke to                                                                    
the benefits  of the commission  and of the database  and of                                                                    
the development projects championed by CACFA.                                                                                   
                                                                                                                                
9:21:36 AM                                                                                                                    
                                                                                                                                
SENATOR JOHN  COGHILL, believed  that the  commission should                                                                    
be  extended. He  warned that  Alaska shared  a lot  of land                                                                    
with  the  federal  government  and  the  state  not  having                                                                    
legislation that  established legitimate citizen  input into                                                                    
management  and  access  issues   would  be  a  failure.  He                                                                    
asserted  that  the  federal   government  had  a  different                                                                    
perspective on  land usage  than the  people of  Alaska; the                                                                    
federal  government  wanted  to   go  from  conservation  to                                                                    
preservation and the  state wanted to go  from production to                                                                    
conservation.  He believed  that the  commission was  a good                                                                    
forum for  conversations between  the state and  the federal                                                                    
government.                                                                                                                     
                                                                                                                                
9:23:39 AM                                                                                                                    
                                                                                                                                
Vice-Chair Fairclough  wondered if  the commission  had ever                                                                    
been audited.                                                                                                                   
                                                                                                                                
Mr. Hutchison deferred to Mr. Leaphart.                                                                                         
                                                                                                                                
Co-Chair Meyer stressed that many  boards and commissions in                                                                    
Alaska were subject  to audit, but that the  CACFA board was                                                                    
not subject to audit.                                                                                                           
                                                                                                                                
Senator  Olson  queried  the   significant  actions  of  the                                                                    
commission over the years.                                                                                                      
                                                                                                                                
9:25:03 AM                                                                                                                    
                                                                                                                                
Mr. Hutchison  remarked that the most  significant impact of                                                                    
the commission  related to  the allowance  of the  public to                                                                    
comment  on  land  management  plans.   He  added  that  the                                                                    
recommendations   provided  by   the  commission   had  been                                                                    
effective  in changing  policy as  it  pertained to  natural                                                                    
resource  development issues.  He  said  that without  CACFA                                                                    
there were  no assurances that the  federal government would                                                                    
honor its MOA's and MOU's.                                                                                                      
                                                                                                                                
9:26:55 AM                                                                                                                    
                                                                                                                                
Senator Olson asked if the list  of members on Page 3 of the                                                                    
annual report was up-to-date.                                                                                                   
                                                                                                                                
Mr. Hutchison responded in the affirmative.                                                                                     
                                                                                                                                
Senator  Olson wondered  where Chokosna  was located  within                                                                    
the state.                                                                                                                      
                                                                                                                                
Mr. Hutchison deferred the question to Mr. Leaphart.                                                                            
                                                                                                                                
9:28:02 AM                                                                                                                    
                                                                                                                                
STAN  LEAPHART,   EXECUTIVE  DIRECTOR,   CITIZENS'  ADVISORY                                                                    
COMMISSION ON FEDERAL AREAS  IN ALASKA (via teleconference),                                                                    
stated that  Chokosna was located within  Wrangell-St. Elias                                                                    
National Park.                                                                                                                  
                                                                                                                                
9:29:28 AM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  noted that at  the initial  establishment of                                                                    
the commission  the budget was  $246 million and was  now up                                                                    
to $285 million.                                                                                                                
                                                                                                                                
Mr. Leaphart explained  that he was a  full-time employee of                                                                    
the commission  and that  the other  position in  the budget                                                                    
was funded for  9.2 months of the year. He  assumed that the                                                                    
budget  increase had  been for  additional travel  costs and                                                                    
standard inflation.                                                                                                             
                                                                                                                                
Co-Chair  Meyer   queried  the   job  descriptions   of  the                                                                    
commission's staff.                                                                                                             
                                                                                                                                
Mr.  Hutchison responded  that the  2 staff  members created                                                                    
recommendations,  organized  summits, organized  committees,                                                                    
exchange policy  ideas with commissioners around  the state,                                                                    
and analyze the regulations  and compendiums coming from the                                                                    
federal government.                                                                                                             
                                                                                                                                
9:32:28 AM                                                                                                                    
                                                                                                                                
Vice-Chair Fairclough  wondered if the commission  had a set                                                                    
of bylaws.                                                                                                                      
Mr. Leaphart responded yes. He  added that they were updated                                                                    
in 2007 and could be provided to the committee.                                                                                 
                                                                                                                                
9:33:06 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Fairclough asked  if the  bylaws were  available                                                                    
online.                                                                                                                         
                                                                                                                                
Mr. Leaphart  responded that he  did not know. He  agreed to                                                                    
update the website.  He agreed to send a copy  of the bylaws                                                                    
to Vice-chair Fairclough.                                                                                                       
                                                                                                                                
Senator Hoffman wondered if the  commission members had term                                                                    
limits,  and whether  there were  guidelines for  membership                                                                    
appointment.                                                                                                                    
                                                                                                                                
Mr. Leaphart  responded that the regional  appointments were                                                                    
staggered.  He   remarked  that  the   statutory  guidelines                                                                    
specified   that   the   federal    land   users   must   be                                                                    
geographically  represented. He  explained  that there  were                                                                    
various members from different areas across the state.                                                                          
                                                                                                                                
9:35:31 AM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer queried  the commission's  relationship with                                                                    
the Department  of Law (LAW)  and the Department  of Natural                                                                    
Resources (DNR).                                                                                                                
                                                                                                                                
Mr.  Leaphart replied  that  the  commission worked  closely                                                                    
with  the DNR  Alaska National  Interest Lands  Conservation                                                                    
Act (ANILCA) coordination program.                                                                                              
                                                                                                                                
9:37:55 AM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  asked  whether   the  commission  would  be                                                                    
amenable to an audit.                                                                                                           
                                                                                                                                
Mr. Hutchison  responded that he  could offer  no compelling                                                                    
reason that an audit should not be done.                                                                                        
                                                                                                                                
9:39:26 AM                                                                                                                    
                                                                                                                                
JEAN DAVIS, DIRECTOR,  SUPPORT SERVICES DIVISION, DEPARTMENT                                                                    
OF NATURAL  RESOURCES, stated that  the commission  could be                                                                    
audited.                                                                                                                        
                                                                                                                                
Co-Chair  Meyer queried  Ms.  Davis's  interaction with  the                                                                    
commission.                                                                                                                     
                                                                                                                                
Ms.  Davis  replied that  her  primary  role was  in  budget                                                                    
creation. She said  that she did not work  directly with the                                                                    
commission's program function.                                                                                                  
                                                                                                                                
Senator  Bishop asked  whether  any of  the  members on  the                                                                    
commission   represented    any   non-profits    or   native                                                                    
corporations.                                                                                                                   
                                                                                                                                
Mr.  Leaphart   responded  that   Mr.  Frank  Woods   was  a                                                                    
commercial  fisherman from  Dillingham  who  worked for  the                                                                    
Bristol Bay Native Association.                                                                                                 
                                                                                                                                
9:41:44 AM                                                                                                                    
                                                                                                                                
Senator  Hoffman remarked  that over  95 percent  of private                                                                    
lands in  the state were  owned by the  native corporations.                                                                    
He  wondered how  much of  the focus  of the  commission was                                                                    
related  to oversight  of private  lands as  in relation  to                                                                    
overreach by the federal government.                                                                                            
                                                                                                                                
Mr. Leaphart replied that  the commission placed significant                                                                    
focus on the matter.                                                                                                            
                                                                                                                                
9:44:07 AM                                                                                                                    
                                                                                                                                
Co-Chair Meyer CLOSED public testimony.                                                                                         
                                                                                                                                
SB  109  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.