Legislature(2001 - 2002)
03/19/2002 08:10 AM House CRA
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 474-ANCHORAGE COASTAL WILDLIFE REFUGE CO-CHAIR MEYER announced that the first order of business would be HOUSE BILL NO. 474, "An Act relating to public rights-of-way and easements for surface transportation affecting the Anchorage Coastal Wildlife Refuge." LAURA ACHEE, Staff to Representative Joe Green, Alaska State Legislature, informed the committee that Tim Rogers, Municipality of Anchorage, shared his concerns with her. She said that Mr. Rogers felt that the original legislation encroached on the municipality's authority over their land that extends into the refuge. Upon review, she agreed with Mr. Rogers and thus she had an amendment drafted. She explained that on page 1, lines 13-14, HB 474 says, "a right-of-way or other easement for surface transportation may not be created", with which the municipality took issue because the municipality does have some land that extends into the refuge. Therefore, the amendment changes the aforementioned language to read, "the state shall not acquire or create a right-of-way or other easement for surface transportation". With the amendment, the municipality would be able to place any surface transportation on their land that extends into the refuge. REPRESENTATIVE MURKOWSKI related her understanding then that the issue is the state acquiring the easement. MS. ACHEE replied yes. In further response to Representative Murkowski, Ms. Achee said that this was the only issue she was aware that the municipality had. Number 0648 JANEL FEIERABEND, Director, Friends of Potter Marsh and the Anchorage Coastal Wildlife Refuge (ACWR), testified via teleconference. She mentioned that the [goal] of the organization is to protect the integrity of the marsh through education. Ms. Feierabend discussed the Lesser Sandhill Crane, which eats, sleeps, and nests in the ACWR because the habitat so perfectly supports its well being. The 32,000 acres of ACWR was designated as a state refuge in 1988 by the legislature. The state was wise to think of the future and establish the refuge. Ms. Feierabend mentioned the February 19, 1991, Alaska Coastal Wildlife Refuge Management Plan by ADF&G, which includes a comprehensive list of those species found in the refuge. She noted that the list has grown since that time. MS. FEIERABEND emphasized that talk of development of any kind in this state refuge should raise major concern. Any possibility of encroachment into the refuge should be studied and analyzed by state decision makers. She suggested that the state decision makers should read "The Wildlife Study 2001: South Extension of the Coastal Trail Final Report" as well as books regarding the human and canine impact to wildlife. This state refuge is a unique and special place that hosts a wealth of plant and invertebrate communities, and a range of wild animals. She expressed the need for wise statesman, who think beyond municipal borders and concerns, to be part of the check- and-balance system when it relates to state and even broader funded projects. "It is up to the state legislators to weigh in on the protection of the very area it deemed worthy to reserve as a refuge," she said. Ms. Feierabend said that HB 474 helps to protect this treasure, [ACWR], that belongs to all of Alaska. Number 0946 CHERYL SHOYER, Member, Oceanview Community Council, testified via teleconference in support of HB 474. As a whole, the Oceanview Community Council values the ACWR. In participating in the process, the council has become disappointed, disillusioned, disheartened, and discouraged. The council attempted to stay neutral, but that turned out to be impossible after going through the public process at length. Over and over it seemed as if [the council] had never been there, which was very discouraging. Ms. Shoyer informed the committee that the council hired individuals to review the process, but time after time those individuals would report that the process was biased. She felt that the worst of it was when the governor announced he wanted the trail to go through the marsh. Therefore, Ms. Shoyer felt that it would be great if the legislature had a watchdog over this obvious bias from the governor. She expressed hope that HB 474 could balance this obvious imbalance. Number 1290 JIM DOKOOZIAN, President, Bayshore/Klatt Community Council, testified via teleconference in support of HB 474. Mr. Dokoozian announced that he was present on behalf of the president of the Oceanview Community Council as well as the president of the Sand Lake Community Council. Mr. Dokoozian informed the committee that all three of the community councils voted in separate votes in favor of the inland trail if a trail was to exist. It was only after a few concerned citizens were frustrated that they advocated a trail that would connect [the communities] on an inland route, the gold route. There was a great amount of support from the community councils for the gold route. Furthermore, there is a petition with over 2,500 signatures, including the former governor Jay Hammond, in support of preserving the refuge. MR. DOKOOZIAN turned to the governor's announcement that the trail should go through the marsh. That announcement galvanized the residents of south Anchorage, who thought they were part of a public process of evaluating various routes. "We are weary of the lack of responsiveness of the project team," he noted. He also indicated that there is much disappointment in the process and thus expressed the need to have [legislative] oversight. CO-CHAIR MEYER, upon no one else wishing to testify, closed the public testimony. Number 1515 REPRESENTATIVE MURKOWSKI moved that the committee adopt Amendment 1, which reads as follows: Page 1, line 10, after "and Fire Island.": Insert, "Except for the public right-of-way and utility corridor created in this subsection and identified in the management plan, for a realignment of the right-of-way for the new Seward Highway, and for a realignment of the right-of-way for the Alaska Railroad, the state shall not acquire or create a right-of-way or other easement for surface transportation below the crest of the coastal bluff or below Campbell Lake without the prior approval of the legislature by law." REPRESENTATIVE KERTTULA surmised that all the amendment is doing is stopping DOT&PF from acquiring. She asked whether a legal opinion had been obtained regarding the right of the department to proceed without approval. MR. ACHEE replied that she spoke with the Legislative Legal and Research Division, who said that it was a gray area. CO-CHAIR MEYER asked if there was any objection. There being no objection, Amendment 1 was adopted. Number 1625 REPRESENTATIVE SCALZI moved to report HB 474 as amended out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, CSHB 474(CRA) was reported from the House Community and Regional Affairs Standing Committee. The committee took a brief at-ease.
| Document Name | Date/Time | Subjects |
|---|