Legislature(1995 - 1996)
03/27/1996 01:50 PM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 230
An Act providing that state land, water, and land and
water may not be classified so as to preclude or
restrict traditional means of access for traditional
recreational uses.
Co-chairman Halford directed that SB 230 be brought on for
discussion and directed attention to a work draft committee
substitute (9-LS1538\R, Luckhaupt, 3/26/96). SENATE
PRESIDENT DRUE PEARCE, sponsor of the legislation, came
before committee. She explained that she introduced the
bill to protect the right of Alaskans to access state land
and water for recreational use.
Several things, specific to Denali State Park, have occurred
which led to introduction. The state division of parks
closed Curry Ridge (a traditional landing area) within
Denali State Park to aircraft use. Further, an area
adjacent to the park, containing Blair Lake, was transferred
to the division of parks by the division of land under an
ILMA. Since transfer, the area has been managed as though
it was part of the park, and access to the lake has been
closed as part of that management effort.
Sec. 1 of the work draft adds a new section to the list of
department duties so that the division will be required to
provide the legislature an annual report on any designation
of incompatible use that prohibits or restricts traditional
access.
Sec. 2 adds a further section to the list of duties required
under AS 41.21.020. Language within the new section says
that the department may not manage, as special purpose park
land, areas that are not inside park boundaries as
designated by the legislature. The new provisions do not
prohibit the division of parks from operating recreational
sites, under present authority.
Sec. 3 adds slightly under 11 acres of land to the Chilkat
State Park. This provision was included in the work draft
at the request of the department. The three parcels
involved were purchased by the department in the late 1970s.
They were transferred to park management using an ILMA
arrangement, but they were never designated as part of the
park. Since the legislature mandates that land acquired by
the department be managed under the more open statute, the
department asked that the land be added to the park. This
area has been managed as a park since purchase.
Sec. 4 is specific to Denali State Park. The park was
designated by the legislature in the late 1960s. It was
extremely remote at the time and lacked today's access.
There is no special management requirement for traditional
access in statutes designating the park. Sec. 4 thus adds a
description of incompatible uses. Language requires that
management regulations provide ample access for sport and
subsistence hunting. Regulations must:
1. Recognize that traditional subsistence and
recreational activities include the use of small
outboard motors and snow machines.
2. Permit reasonable access by aircraft for
recreational purposes.
3. Provide ample access for recreational mining.
Sec. 5 specifies that past regulations and regulations
currently being promulgated for Denali State Park will take
effect only if consistent with provisions in the proposed
bill. Regulations that are not consistent would be
annulled.
Senator Pearce next addressed a new fiscal note. She
acknowledged there would be fiscal impact stemming from the
annual report to the legislature, but she said that the
entire Denali State Park master plan need not be completely
rewritten. There is thus no need for additional natural
resource officers and associated costs. The four
designations in Sec. 4 are the only things that must be
changed within the master plan.
Co-chairman Halford referenced similar overreaching closures
by the Dept. of Fish and Game and asked if they had also
been considered when the proposed bill was developed.
Senator Pearce responded negatively. She surmised that the
situation at the Dept. of Fish and Game is similar.
Research relating to the proposed bill indicates that the
Dept. of Natural Resources had no specific authority to
effect closures. The action was taken because no one has
challenged it in the past.
Brief discussion followed regarding access by various types
of aircraft (wheels, skiis, floats).
Senator Pearce attested to department closure of access to
recreational areas to Alaskans in deference to an unfettered
experience for visitors to the park. Co-chairman Halford
voiced his understanding that environmentalists testified
that the situation was badly handled in terms of the vested
interest of the commercial operator versus other users.
Co-chairman Halford further voiced frustration over
department closure of lakes, transferred to the state as
navigable waters, to float plane landings. He then
suggested an amendment disallowing that practice unless
there is a compelling public purpose. Senator Pearce said
she would have no problem with the amendment, but she
questioned whether it would fit under Title 41--the subject
of the proposed bill. Title 38 legislation by
Representative Masek was noted as an alternative. Senator
Pearce said she would also be willing to pursue questions
raised by Dept. of Fish and Game closures. Co-chairman
Halford expressed a preference for movement of the bill, at
this time, as long as cited areas could be addressed in
Rules or on the Senate Floor.
Senator Rieger referenced an amendment which he explained
draws a distinction between park service action that
squeezes out traditional access at historic levels as
opposed to increasing access beyond that level. The
amendment would add "at the level it has historically been
conducted" to language at page 3, line 15 and line 21.
Discussion followed regarding definition of the word
"level." Co-chairman Halford referenced allocation problems
associated with limiting the number of users. He noted that
it is easier to limit activities that have not yet occurred.
END: SFC-96, #56, Side 1
BEGIN: SFC-96, #56, Side 2
Senator Sharp voiced opposition to strengthening department
authority to manage people. Senator Rieger withdrew his
amendment at this time. Senator Sharp MOVED for adoption of
CSSB 230 (Finance). No objection having been raised, CSSB
230 (Finance) was ADOPTED. Senator Rieger then MOVED for
adoption of his amendment. Senator Pearce voiced concern
that amendment language would prohibit commercial activity
within park areas. She clarified that the proposed bill was
not intended to prohibit commercial operations. It seeks to
ensure that commercial activity is not given preference over
access for Alaskans. Senator Rieger explained that the
amendment applies to language dealing with actions that
prohibit or restrict traditional means. He referenced
competing motorized and non-motorized activities in Chugach
State Park and explained that the amendment would provide
direction to the department to maintain the status quo
rather than give preference to one over the other. Co-
chairman Halford called for a show of hands. The motion
failed on a vote of 2 to 4.
Discussion followed regarding regulations for Denali State
Park and Chugach State Park. Senator Pearce explained that
when the majority of Alaska's parks were designated, the
legislature did not specify uses that would be incompatible
because recreational areas were not experiencing the
pressures of today. She then cited AS 41.21.110 from
statutes designating the Chilkat State Park:
The commissioner shall designate, by regulation,
incompatible uses within the boundaries in
accordance with 41.21.110, and those incompatible
uses shall be prohibited or restricted as provided
by regulation. Nothing in this section affects
the rights and uses of water and facilities in the
city of Haines located within the boundaries of
this area.
In designating this more recent park, the legislature made
provisions for uses that had to be continued. Language
within 41.21.020 (the general purposes section for parks)
merely says that the "department shall adopt regulations
governing the use and designating incompatible uses within
the boundaries of state parks." There is no definition of
"incompatible uses." There had been no problem in Denali
until recently.
EDDY GRASSER, representing the Alaska Outdoor Council, next
came before committee in support of the bill. He referenced
a recent edition of an Anchorage based environmental group
newsletter and noted that it raises concern over the "tiny
amount of land in Alaska that has been set aside for . . .
quiet recreation." Mr. Grasser stressed that two-thirds of
Alaska has been set aside for that type of recreation while
other Alaskans have been restricted to "these types of areas
along the road system." He further spoke to lack of
vehicular access to many park areas. Most of Alaska is off
limits to "non-quiet" recreational purposes. The proposed
bill represents a balancing proposition. Park lands belong
to all Alaskans rather than to a specific group. The
proposed bill protects traditional activities on these
lands.
DAN ELLIOT, representing the MatSu Citizens Advisory Board,
next testified via teleconference from Wasilla. He spoke
against the legislation, terming it a "poor bill, both in
its intent and also in its imprecise language," and
suggested that it caters to a lobbying effort. Mr. Elliot
explained that development of the Denali State Park
masterplan included the public, at all stages, over a number
of years. The plan evolved through compromise and
consensus. It protects the resource while accommodating all
user groups and prepares for increased pressure on park
resources. The proposed bill negates the masterplan, takes
management of the park away from the department, and vests
control in the legislature which is reacting to interests
that seek to bypass the public process and masterplan.
Mr. Elliot noted that the alpine terrain of Curry/Kesugi
Ridge is recognized as a "unique, fragile, natural resource"
recommended to be subject to restricted uses. Vast areas of
the park are open to snow machines, four-wheelers, and
aircraft. But special management considerations were
recommended for Kesugi Ridge to provide both Alaskans and
visitors an areas free from motorized access. The park plan
attempts to accommodate all user groups.
Mr. Elliot cited the new Princess Hotel, road access, and a
number of other activities as evidence of increased use of
the area. He reiterated that lobbying efforts are
attempting to bypass the exhaustive public process that led
to the masterplan. The proposed bill not only negates that
process, it makes no provisions for a new masterplan. It
allows no provisions for dealing with all user groups in a
compatible way. It is imprecise in defining traditional,
historical, popular use, providing ample access, reasonable
access, etc. If the legislature intends to take over park
management, it "better get specific." Most activities
listed in the bill have only sporadically occurred and
increased demand has been fairly recent. The proposed bill
ignores its negative impact on future uses and resulting
incompatibilities. Mr. Elliot asked that the legislature
not supplant the exhaustive public process and place an
unmanageable situation upon the Dept. of Natural Resources.
Senator Randy Phillips noted that the bill appears to have
undergone major transformations from the original, dealing
with Title 38, to CSSB 230 (Res) which relates to Title 41.
Senator Pearce acknowledged that it changed in many
respects. Application changed from public lands statutes to
public resource statutes when the department pointed out
that attempting to place provisions within Title 38 would be
"overkill" in terms of specific park management. Inclusion
within Title 38 would have led to "a number of fairly
unsurmountable problems in . . . management of other state
lands." Title 41 was the better place for proposed
language. The drafter made the initial decision to use
Title 38. He subsequently agreed that Title 41 was
preferable.
Co-chairman Halford queried members regarding disposition of
the bill. He said he would research the question of
aircraft access on navigable waters. Senator Rieger voiced
concern over impact on Chugach State Park because of the
way traditional access and activities are defined. He
suggested that failure of his amendment and subsequent
passage of the bill would upset a balance in that park.
Senator Zharoff raised concern relating to traditional uses
and advised that he would work with the sponsor.
Senator Sharp raised a question regarding ILMAs. Senator
Pearce explained that they are "interagency land management
agreements" authorized under Title 38 and administered by
the division of land. They provide for land transfers to
all agencies for purposes such as material sites for the
Dept. of Transportation and Public Facilities,
telecommunications repeater sites for the division of
communications, fire bases for the division of forestry,
etc.
In response to a further question from Senator Sharp,
Senator Pearce advised that ILMAs are not always adjacent to
parks. She noted the Chilkoot Trail, the Eagle Trail
Recreational Site, and the Sitka Historical Site as
examples. These areas have been designated through ILMA
transfers, and the division of parks manages them as state
recreational sites, state historical sites, etc. This
arrangement has provided more land to division management
than the legislature has designated. However, the
legislature set up the process so the state could take
advantage of such areas.
Senator Sharp MOVED for passage of CSSB 230 (Finance) with
individual recommendations and accompanying fiscal notes.
No objection having been raised, CSSB 230 (Finance) was
REPORTED OUT of committee with a $105.8 fiscal note from the
Dept. of Natural Resources. Co-chairmen Halford and Frank
and Senator Sharp signed the committee report with a "do
pass" recommendation. Senators Rieger, Phillips, and
Zharoff signed "no recommendation."
ADJOURNMENT
Co-chairman Halford announced that the committee would
continue discussion of legislation listed on the agenda at
8:30 a.m. the next morning. The meeting was adjourned at
approximately 4:45 p.m.
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