Legislature(2007 - 2008)HOUSE FINANCE 519
02/07/2007 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB18 | |
| HB34 | |
| HB87 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 18 | TELECONFERENCED | |
| + | HB 34 | TELECONFERENCED | |
| + | HB 87 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 87
An Act reestablishing the Citizens' Advisory Commission
on Federal Management Areas in Alaska; and providing
for an effective date.
REPRESENTATIVE MIKE KELLY, SPONSOR, spoke in support of the
legislation & noted that it had been discussed in the House
Resources Committee. He requested that his staff report on
the bill.
SUE STANCLIFF, STAFF, REPRESENTATIVE MIKE KELLY, explained
that the Citizens' Advisory Commission on federal areas was
th
established in 1981 by the 12 Alaska State Legislature in
order to provide assistance to the citizens of Alaska who
are affected by the management of federal lands within the
State.
The Commission was repealed after Governor Knowles removed
funding, even though the legislature approved the sunset
extension to 2003. HB 87 has a sunset provision extending
the Commission until 2014. The need for the Commission
arose primarily from conflicts due to the passage of the
Alaska National Interest Lands Conservation Act (ANILCA) in
1980, which changed the federal land management climate
while attempting to protect Alaskans' access and traditional
activities on federal lands. The Commission is charged with
the responsibility of researching issues to assist land
users, monitoring federal statutes, regulations and
management decisions in order to assist citizens to minimize
or resolve potential conflicts with the federal land
managers.
Ms. Stancliff continued, the Commission was effective
assuring that land management decisions were consistent with
Congressional intent and protecting interests of Alaska's
citizens. Twenty-five years later, the State has a loss of
institutional memory and of the promises made to Alaskans.
Rules are easily overlooked when the fed's are rewriting
management plans for refuges and parks. Responsible public
access and traditional uses on the federal lands are just as
important to citizens and communities throughout the State
now as they were when the Commission was originally created.
Individuals still need the assistance that the Commission
previously provided them.
3:06:04 PM
Representative Kelly spoke in support of the Commission. He
stressed that those persons do not have an advocate in
interactions with the federal land managers and often, there
is a differing approach.
Co-Chair Meyer understood that the Commission would be an
advisory group. Representative Kelly replied correct.
3:08:07 PM
KATHLEEN DALTON, (TESTIFIED VIA TELECONFERENCE), FAIRBANKS,
spoke in support of the legislation. She recommended an
amendment which would require the Commission to inventory
other land users. She commented on the insufficient "teeth"
in the relationship to the Commission's duties and
recommended stronger language. She pointed out the zero
fiscal note accompanying the legislation.
3:12:26 PM
DICK MYLIUS, (TESTIFIED VIA TELECONFERENCE), DEPUTY
DIRECTOR, DIVISION OF MINING LAND AND WATER, DEPARTMENT OF
NATURAL RESOURCES, ANCHORAGE, provided the Committee some
back-ground information regarding the previous Commission,
which was housed within the Department of Natural Resources
in Fairbanks. That Department actively reviews federal
regulations. The focus of the Commission would be to look
at individual concerns regarding federal land managers. The
Department does not have the staffing ability at this time.
The Commission could fill that void. Mr. Mylius did not
have an opinion as to which department the Commission should
be housed. The staff previously was in Fairbanks.
Initially, it was staffed with ten people, however, toward
the end, the number decreased to one.
TINA CUNNING, COORDINATOR, ALASKA NATIONAL INTEREST LANDS
CONSERVATION ACT (ANILCA), DEPARTMENT OF FISH & GAME, noted
that she had worked in the early implementation phases of
ANILCA and worked closely with the executive director of the
Citizen's Advisory Commission. She stated that they had
been a valuable resource, which could not be accomplished by
any department. There are a number of ways citizens can
deal with disputes, since the Commission has been out of
service, but individuals do not want to be in conflict with
the federal managers, which have control over their
activities. She warned that there is no one to help
citizens walk through the red tape, without going to that
level and then causing bad feelings with federal managers.
3:17:37 PM
Representative Hawker questioned if those activities would
be duplicated through the State Ombudsman's office. Ms.
Cunning clarified that the State Ombudsman deals with State
issues, not federal laws. Representative Hawker suggested
that statutory authority to the Ombudsman Office might be
changed through legislation to include those concerns.
3:18:54 PM
Representative Kelly asked examples of the former
Commission's activities. Ms. Cunning advised that the
Commission was "out of commission" for 10 years. In the
early 1980's, the management plans were being developed for
the conservation system units. There are about 135 million
acres in Alaska in special units. The original management
plans for those units were supposed to encompass the
compromise provisions of ANILCA for public use activities on
that land. She recalled one example of when the Commission
was very effective in the development of the Kodiak plan.
There was a strong leaning by planners to proceed with
extreme limitations on the public use of those cabins. The
implement weather and bears make those cabins valuable &
popular. They attempted to eliminate those cabins on the
refuge. It was not an issue the State would deal with. The
Commission raised the issues and the original decisions are
"sticking".
Another example dealt with a series of problems with
trapping cabins, protected under ANILCA; the federal
managers have a history of wanting to eliminate those
cabins. The Commission worked with trappers to cut through
red tape. The Commission was also effective in Title 1 of
ANILCA boundaries adopted under the Alaska Lands Act. The
National Park Service did not publish their boundaries after
four years. The Commission brought the issues forward and
was successful in having the boundaries mapped.
3:23:38 PM
Representative Thomas asked for information regarding the
former Commission's restrictions.
Co-Chair Meyer stated the bill would be held to discuss
housing location and appropriate staffing levels.
3:25:19 PM
Representative Hawker was concerned with the indeterminate
fiscal note, referencing a hearing in April 1998 on
reauthorization. There were arguments made that budget
cutting had affected the operations of the Commission.
History indicates that it needs to be 5 or more employees to
be effective.
Representative Kelly commented on the housing issue. He
said that they had considered both the Office of the
Governor and the Department of Natural Resources. He felt
that the Department of Natural Resources would be the most
likely outcome & the Department would work to reduce the
fiscal note. He observed that the problem is more prevalent
in areas with large conservation units. Representative
Kelly discussed the constant pressure on those utilizing the
areas.
3:29:19 PM
Representative Nelson mentioned concerns regarding the
geographic allocation of board members. She requested it be
stipulated that there is a rural participant.
Representative Kelly agreed to discuss that.
Co-Chair Meyer stated that HB 87 would be HELD in Committee
for further consideration.
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