Legislature(2021 - 2022)GRUENBERG 120

03/22/2022 10:00 AM House FISHERIES

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Audio Topic
12:01:07 PM Start
12:01:59 PM Presentation: Skipper Science Program
01:38:04 PM HB397
02:42:51 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 15 Minutes Following Session --
*+ HB 397 STATE OWNERSHIP OF SUBMERGED LAND TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Presentation: Skipper Science Program by Lindsey TELECONFERENCED
Bloom, Campaign Strategist, Salmon State;
Christopher Tran, Pribilof Island Science
Technician, Aleut Community of St Paul Island
Tribal Government
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
            HB 397-STATE OWNERSHIP OF SUBMERGED LAND                                                                        
                                                                                                                                
[Contains discussion of SB 227.]                                                                                                
                                                                                                                                
1:38:04 PM                                                                                                                    
                                                                                                                                
CHAIR TARR  announced that the  final order of business  would be                                                               
HOUSE  BILL NO.  397,  "An  Act relating  to  state ownership  of                                                               
submerged  land  within  and  adjacent   to  federal  areas;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
1:39:01 PM                                                                                                                    
                                                                                                                                
BRENT  GOODRUM,   Deputy  Commissioner,  Department   of  Natural                                                               
Resources,  On  behalf of  the  House  Rules Standing  Committee,                                                               
sponsor,  by request  of the  governor,  introduced HB  397.   He                                                               
stated  that  the bill  pertains  to  the codification  of  state                                                               
submerged lands in  federal areas.  He stated that  Alaska, as of                                                               
statehood  in 1959,  had been  granted ownership  of land  in its                                                               
navigable  rivers and  lakes but  that clear  title had  not been                                                               
granted.   He suggested  that the  status-quo of  uncertainty and                                                               
ambiguity  of ownership,  management,  and  control of  navigable                                                               
water bodies  was not in  the state's  best interest.   He stated                                                               
that  there  exists a  need  for  a  different approach  to  land                                                               
management.                                                                                                                     
                                                                                                                                
1:42:05 PM                                                                                                                    
                                                                                                                                
JIM WALKER,  Section Chief, Public Access  Assertion and Defense,                                                               
Department of Natural Resources,  presented during the hearing on                                                               
HB 397.  He drew attention  to the presentation entitled, "HB 397                                                               
Research -  Submerged Lands Presentation  3.22.22.pdf," [included                                                               
in  the committee  packet]  and  read from  slide  2, as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Alaska holds  an estimated  800,000 miles  of navigable                                                                    
     rivers.                                                                                                                    
     •  Alaska  holds  an  estimated  30  million  acres  of                                                                    
     navigable lakes.                                                                                                           
     •  Alaska  owns  the   submerged  lands  beneath  every                                                                    
     navigable-in-fact river  and lake, and  beneath tidally                                                                    
     influenced  waters in  the state--unless  a valid  pre-                                                                    
     statehood   withdrawal   EXPLICITLY   [and   expressly]                                                                    
     defeats state title.                                                                                                       
     • In Federal Conservation  System Unit areas created in                                                                    
     Alaska  post-statehood,  the  submerged  lands  beneath                                                                    
     navigable-in-fact  and  tidally influenced  waters  are                                                                    
     state-owned lands.                                                                                                         
                                                                                                                                
MR. WALKER  noted that the  state had been granted  ownership via                                                               
the Equal  Footing Doctrine and  the Alaska Statehood Act  at the                                                               
time of statehood,  and via the Submerged Lands Act  of 1953.  He                                                               
added that,  if a [parcel  of land]  was designated as  a federal                                                               
Conservation Systems  Unit (CSU) after statehood,  then the state                                                               
owns the lands beneath all navigable waterways.                                                                                 
                                                                                                                                
1:44:04 PM                                                                                                                    
                                                                                                                                
CHAIR TARR asked for additional  information on the Equal Footing                                                               
Doctrine, the Alaska  Statehood Act, and the  Submerged Lands Act                                                               
of 1953.                                                                                                                        
                                                                                                                                
1:44:18 PM                                                                                                                    
                                                                                                                                
MR. WALKER  explained that the  Equal Footing Doctrine  exists in                                                               
the U.S. Constitution  and provides that every  state that enters                                                               
the union  after the  initial colonies would  enter the  union on                                                               
the  same  footing and  has  the  same  "deal" with  the  federal                                                               
government regarding ownership of land beneath every navigable-                                                                 
in-fact and  tidally influenced  water in the  state.   He stated                                                               
that  the  doctrine  was  important to  prevent  the  state  from                                                               
becoming a ward of the federal  government.  He asserted that the                                                               
content of  HB 397 was  equivalent to  what had been  provided to                                                               
the other  49 states.   He explained  that the  Federal Submerged                                                               
Lands  Act and  the Alaska  Statehood  Act further  build on  the                                                               
doctrine.                                                                                                                       
                                                                                                                                
1:46:12 PM                                                                                                                    
                                                                                                                                
JESSIE ALLOWAY, Section  Supervisor, Solicitor General Statewide,                                                               
Department of  Law, answered questions  during the hearing  on HB
397.   She noted that the  Submerged Lands Act expands  the Equal                                                               
Footing  Doctrine   to  include   lands  three  miles   from  the                                                               
coastline.  She  noted that the doctrine and  the Submerged Lands                                                               
Act, in conjunction with the  Alaska Statehood Act, would include                                                               
lands beneath all navigable water and tidelands.                                                                                
                                                                                                                                
1:47:11 PM                                                                                                                    
                                                                                                                                
MR. WALKER  drew attention to  slide 3  which depicted a  list of                                                               
areas that  had become  federal CSUs  post-statehood.   He stated                                                               
that  the  bill  only  considers   federal  areas  created  post-                                                               
statehood  and   identifies  state-owned  lands  for   which  the                                                               
legislature may wish to eliminate  all doubt regarding ownership.                                                               
He stated  that, since the date  of statehood, only 9  percent of                                                               
800,000 river  miles of submerged lands  under state-owned rivers                                                               
and only 16 percent of  30,000,000 acres of submerged lands under                                                               
state-owned  lakes   have  been   acknowledged  by   the  federal                                                               
government as state-owned.                                                                                                      
                                                                                                                                
1:48:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE  asked  for   an  explanation  of  federal                                                               
acknowledgment and  whether that would  mean issuance of  a title                                                               
or based on the outcome of a court case.                                                                                        
                                                                                                                                
1:49:11 PM                                                                                                                    
                                                                                                                                
MR. WALKER answered that both  examples offered by Representative                                                               
McCabe were means  by which ownership of lands is  conferred.  He                                                               
added  that the  federal  government could  issue a  navigability                                                               
determination via the Bureau of  Land Management (BLM).  He added                                                               
that  acknowledgment could  be  obtained  through the  Recordable                                                               
Disclaimer of  Interest (RDI)  process, which  was created  as an                                                               
instrument  of the  Federal  Land Policy  and  Management Act  of                                                               
1976, for cases  in which the state and  federal government agree                                                               
on the status  of navigability and the  federal government issues                                                               
a disclaimer that  it has no interest in the  land.  He explained                                                               
that the  RDI process was  developed as a  quick and easy  way to                                                               
address such issues,  but that the experience of  the RDI process                                                               
was neither  quick nor easy.   He  added that many  instances had                                                               
required  over a  decade  and occurred  at a  high  cost, and  he                                                               
provided the example  of the RDI claim related  to Becharof Lake,                                                               
the  second  largest  lake  within  the  state  of  Alaska.    He                                                               
explained that Becharof  Lake is, at its deepest  point, 450 feet                                                               
deep  and  has an  average  depth  of  100  feet, and  it  covers                                                               
hundreds  of surface  miles.   He suggested  that it  was obvious                                                               
that  the lake  is  navigable, and  the state  had  filed an  RDI                                                               
application.  He stated that  the initial filing period took over                                                               
two  years  and  cost  $10,000  for  the  federal  government  to                                                               
determine that "you can float a boat in it."                                                                                    
                                                                                                                                
1:51:50 PM                                                                                                                    
                                                                                                                                
MR.  WALKER   further  added  that  there   exists  "quiet  title                                                               
litigation" under the federal Quiet  Title Act by which the state                                                               
sues to  seek a court  ruling of  state ownership.   He explained                                                               
that the state  had success with cases involving  the Knik River,                                                               
the Stikine River,  and the Mosquito Fork River.   He stated that                                                               
the Mosquito  Fork judicial  ruling had  opined that  the federal                                                               
government had  acted in bad  faith and  the State of  Alaska had                                                               
been awarded attorney fees and  costs.  He stated that litigation                                                               
takes a long time.   He stated that HB 397  would provide a means                                                               
by  which  the state  may  assert  ownership by  identifying  the                                                               
navigable waters [as listed in the bill.]                                                                                       
                                                                                                                                
1:53:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE asked  whether the  amount of  $10,00 would                                                               
apply to each  lake or stream.  She noted  that there were listed                                                               
over 1,800 such waterways, and more expected in the future.                                                                     
                                                                                                                                
1:54:01 PM                                                                                                                    
                                                                                                                                
MR. WALKER answered  yes.  He stated that Becharof  Lake had been                                                               
selected as an  obviously navigable waterway and  the example had                                                               
proven the  time and cost required  for the federal process.   He                                                               
stated that [smaller  waterways] would require more  than 2 years                                                               
for the  BLM to  conduct navigability  studies and  would involve                                                               
additional administrative costs.   He offered the  example of the                                                               
Stikine River RDI request, and  he explained that the RDI process                                                               
had  stalled, and  the state  was  forced to  pursue quiet  title                                                               
litigation,  which  took   more  than  a  decade   to  obtain  an                                                               
affirmative  court   declaration  that   the  Stikine   River  is                                                               
navigable.  He stated that HB  397 was conceived to expedite that                                                               
process,  and  that  the  waterways  identified  in  HB  397  had                                                               
undergone  the  same  meticulous assessment  within  the  federal                                                               
areas in  the proposed bill,  and that  the state had  listed the                                                               
lands  of which  it was  certain  it would  prevail ownership  in                                                               
court.   He stated that  federal land managers hold  the position                                                               
that,  should  a  designation  of  navigability  not  exist,  the                                                               
default position is that it is  not navigable.  He stated that HB
397 would  be a bold  proclamation of ownership  of presumptively                                                               
navigable waters.                                                                                                               
                                                                                                                                
1:56:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE  asked how a  state law would aid  the State                                                               
of Alaska in federal court.                                                                                                     
                                                                                                                                
1:56:44 PM                                                                                                                    
                                                                                                                                
MR. WALKER stated  that HB 397 would pursue  active management of                                                               
the  lands listed  in the  bill  and suggested  that Ms.  Alloway                                                               
offer  comments to  the question  regarding federal  courts.   He                                                               
added that,  should the  federal government  take issue  with the                                                               
state's management of  those lands, it would be  permitted to sue                                                               
the State of Alaska as landowner.                                                                                               
                                                                                                                                
1:58:06 PM                                                                                                                    
                                                                                                                                
CHAIR  TARR  noted  that  there had  been  complexities  in  land                                                               
selection  processes  between  the  State of  Alaska  and  Native                                                               
corporations predating statehood.   She asked if  the delays that                                                               
Mr. Walker had described were comparatively similar.                                                                            
                                                                                                                                
1:58:54 PM                                                                                                                    
                                                                                                                                
MR. WALKER offered  that the land selection  process was separate                                                               
from that  which is outlined in  the proposed bill, and  that the                                                               
lands in  the bill  were within federal  jurisdiction.   He added                                                               
that the title  of submerged lands passed and were  vested to the                                                               
state via the  Equal Footing Doctrine and separate  from the land                                                               
selection process described  by Chair Tarr.  He  allowed that the                                                               
answer to the question regarding  the length of time involved was                                                               
one  that  the  state  had  been  pursuing  for  many  years  via                                                               
litigation and  other processes.   He suggested that  there exist                                                               
additional  time  impacts  when   the  federal  counterparts  are                                                               
"dragging  their  feet."    He   stated  that  when  the  federal                                                               
government does not  consult the State of Alaska  as an adjoining                                                               
landowner   or   as  one   which   owns   lands  within   federal                                                               
jurisdiction, that  federal land managers may  follow the process                                                               
that  occurs  in  other  states.    He  stated  that  Alaska  was                                                               
different  from  other  states by  the  existence  of  inholdings                                                               
within federal areas  and large tracts of  state submerged lands.                                                               
He  stated his  belief that  federal land  managers would  prefer                                                               
status-quo  rather than  engaging with  the state  as a  separate                                                               
sovereign.                                                                                                                      
                                                                                                                                
2:01:11 PM                                                                                                                    
                                                                                                                                
CHAIR  TARR asked  how recently  the matters  involving the  Knik                                                               
River, Stikine River, and Mosquito Fork River had resolved.                                                                     
                                                                                                                                
2:01:31 PM                                                                                                                    
                                                                                                                                
MR. WALKER  stated that  there exist  numerous pending  cases and                                                               
offered the  North Fork and  Middle Fork of the  Fortymile River,                                                               
the  Middle Fork  of  the  Koyukuk, the  Bettles  River, and  the                                                               
Dietrich  River are  all currently  involved in  litigation.   He                                                               
noted  that 180-day  notice,  which is  required  prior to  quiet                                                               
title litigation,  had been  given for  the Mulchatna  River, the                                                               
Chilikadrotna  River,  Twin  Lakes,  and  Turquoise  Lake,  among                                                               
others.  He  offered that recent cases had  included the Mosquito                                                               
Fork River, the Knik River,  and the Stikine River, among others.                                                               
He added  that no substantive progress  was being made on  any of                                                               
the pending RDI applications in more  than two years.  He offered                                                               
that the  RDI process involving  the [inaudible] river  had taken                                                               
five  years   during  which  the  federal   government  had  been                                                               
preparing a notice  for the federal register.  He  stated that HB
397  would  not  solve  all the  problems  associated  with  land                                                               
ownership but would amount to "a solid base hit."                                                                               
                                                                                                                                
2:03:58 PM                                                                                                                    
                                                                                                                                
MR. WALKER  stated that the  impetus for  the drafting of  HB 397                                                               
had been the  outcome of Sturgeon v. Frost, which  had been ruled                                                             
in unanimous  favor of Mr.  Sturgeon's assertion that his  use of                                                               
the state-owned Nations River would  not be subjugated to federal                                                               
management.                                                                                                                     
                                                                                                                                
2:04:41 PM                                                                                                                    
                                                                                                                                
MR. WALKER drew  attention to slide 6 of  the presentation, which                                                               
depicted a larger  DNR strategy to address  the existing problems                                                               
associated with  state land ownership.   He noted that  the state                                                               
has taken an active management  role in lands that were conferred                                                               
to the  State of Alaska  at statehood.   Mr. Walker  allowed that                                                               
the bill  was lengthy and  attributed its  length to the  list of                                                               
waterways.   He  stated  that  the remainder  of  the bill  would                                                               
codify state  ownership, management, and control  of those lands.                                                               
He stated  that susceptibility to  navigability contained  in the                                                               
bill had been derived from case law.                                                                                            
                                                                                                                                
2:07:09 PM                                                                                                                    
                                                                                                                                
MR. WALKER referred  to slide 8, which addresses the  task of the                                                               
evaluation of all post-statehood federal  areas and noted that HB
397  would provide  for phases  of implementation,  the first  of                                                               
which had  been completed.   He noted  that, should HB  397 pass,                                                               
there  would exist  a reporting  requirement that  would commence                                                               
with the results of the evaluation  set forth in the Second Phase                                                               
to  identify [objectively]  navigable  waterways in  U.S. Fish  &                                                               
Wildlife  Services  (USFWS)  refuges  and  the  Chugach  National                                                               
Forest that would result in  future proposed legislation to amend                                                               
the statute  to add those  navigable and tidal  influence waters.                                                               
He explained  that the third  phase would conclude the  work with                                                               
the USFWS  involved lands and  would incorporate the  lands under                                                               
BLM management.   He  noted that  the fourth  phase would  be the                                                               
ongoing process of clarification,  modification, and amendment of                                                               
all the  areas, such as in  a case in which  a pending litigation                                                               
produces an outcome and would require an update to the statute.                                                                 
                                                                                                                                
2:09:17 PM                                                                                                                    
                                                                                                                                
MR. WALKER  summarized the selected sectional  analysis on slides                                                               
9  11, which read as follows [original punctuation provided]:                                                                   
                                                                                                                                
     Section One: The purpose of the legislation is to:                                                                         
      • Underscore state ownership, management and control                                                                      
     over submerged lands in federal areas.                                                                                     
     •  List  specific  navigable waters  in  federal  areas                                                                    
     beneath which Alaska owns the submerged lands.                                                                             
       Create an annual reporting  requirement to add to the                                                                    
     listing and amend as necessary.                                                                                            
     Sections Two through Six:                                                                                                  
     •  Define  geographical  scope  of  legislation  (post-                                                                    
     statehood federal areas).                                                                                                  
     • Charge DNR with responsibility to conduct ongoing                                                                        
     navigability  research  to  determine  state  title  to                                                                    
     submerged lands within relevant federal areas.                                                                             
     •  Define  key  navigability   terms  for  purposes  of                                                                    
     legislation  including ordinary  high-water mark,  mean                                                                    
     high water line, etc.                                                                                                      
                                                                                                                                
     Section Seven:                                                                                                             
     •    Assigns   the    annual   legislative    reporting                                                                    
     requirement.                                                                                                               
     • Lists  example susceptibility criteria  (derived from                                                                    
     relevant caselaw)  to guide DNR in  making navigability                                                                    
     determinations including, but not limited to:                                                                              
     The  types  of  watercraft  to  be  used  in  assessing                                                                    
     navigability.                                                                                                              
     Documented  personal use  establishes that  a river  is                                                                    
     susceptible to navigation.                                                                                                 
     Navigability  does  not  require a  clear  channel  for                                                                    
     navigation, two-way traffic,  or historical evidence if                                                                    
     the river is susceptible to navigation.                                                                                    
                                                                                                                                
MR. WALKER  next drew attention  to slide 12 which  depicts areas                                                               
highlighted in blue, which are  rivers and lakes determined to be                                                               
navigable, and  areas highlighted  in red,  which are  rivers and                                                               
lakes which have  not been determined to be navigable.   He noted                                                               
that slide  13 depicts  the same waterways,  should HB  397 pass.                                                               
He noted  that the  large geographical area  depicted on  maps of                                                               
the entire state did not  provide sufficient detail to adequately                                                               
demonstrate the significance of the waterways concerned.                                                                        
                                                                                                                                
2:12:06 PM                                                                                                                    
                                                                                                                                
MR. WALKER  drew attention to  slide 13,  on which a  map depicts                                                               
the Noatak National Preserve and  the Kobuk Valley National Park.                                                               
He explained  that the waterways  shaded in blue  were determined                                                               
to be navigable,  the areas shaded in purple were  areas in which                                                               
there was  a conflict in  determination of navigability,  and the                                                               
areas  shaded  in  pink  were areas  in  which  navigability  was                                                               
undetermined.  He drew attention  to slide 14, which depicted the                                                               
changes in status of navigability, should HB 397 pass.                                                                          
                                                                                                                                
MR. WALKER  noted that the public  relies on the maps  before the                                                               
committee and  that the  projected changes to  the maps  had been                                                               
made  conservatively and,  in  the public's  best  interest.   He                                                               
stated that  HB 397 would  force the federal government  to honor                                                               
its promise  made at statehood  that Alaska owns  submerged lands                                                               
under navigable waters statewide.                                                                                               
                                                                                                                                
CHAIR TARR invited Ms. Alloway to offer additional comments.                                                                    
                                                                                                                                
2:15:43 PM                                                                                                                    
                                                                                                                                
MS. ALLOWAY  referred to an earlier  question regarding potential                                                               
impacts on federal litigation and  stated that the state may only                                                               
bring quiet  title litigation should there  exists a controversy.                                                               
She noted  that the  federal government  often takes  no position                                                               
regarding  ownership and,  as a  result, the  state may  not file                                                               
suit.   She stated that, should  HB 397 pass, the  state would be                                                               
asserting its rights  of ownership and the burden  would shift to                                                               
the  federal   government  to  sue  for   ownership  following  a                                                               
navigability determination.                                                                                                     
                                                                                                                                
2:17:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE   stated  her  support  of   matters  being                                                               
codified into  law rather than  being determined by a  court, and                                                               
asked  what the  role the  commissioner would  be in  determining                                                               
navigability [of certain waterways] under section 4 of the bill.                                                                
                                                                                                                                
MR. WALKER answered that the  Public Access Assertion and Defense                                                               
section has  a knowledgeable staff  that consider all  sources to                                                               
assess  whether a  particular waterway  is navigable  and whether                                                               
the  state would  prevail in  court.   He stated  that the  staff                                                               
would consider historical use, and  noted that historical records                                                               
may be lacking,  so the staff would also  consider aerial imagery                                                               
captured at the  time of statehood and accounts  of personal use,                                                               
among  other  factors.   He  stated  that navigability  could  be                                                               
determined  by either  historical use  or susceptibility  for use                                                               
for navigation.   He allowed that proving  susceptibility for use                                                               
for navigation may seem to be  a difficult task but offered that,                                                               
court  cases  have determined  that,  if  a  waterway is  in  its                                                               
natural  and ordinary  condition and  not modified  by man  since                                                               
statehood and can  be boated in currently, then  the waterway was                                                               
navigable  at statehood.    He referred  to  an earlier  question                                                               
posed by Chair  Tarr to learn of additional rivers  that had been                                                               
the subject  of litigation and  contested proceedings,  and named                                                               
Dennison  Fork River,  Fortymile  River,  Delta River,  Kisaralik                                                               
River,  and the  Kuskokwim River.   He  noted that  the Kuskokwim                                                               
River's recent determination [as navigable]  had been made by the                                                               
Interior  Board  of Land  Appeals,  which  is the  administrative                                                               
appellate body within the U. S. Department of the Interior.                                                                     
                                                                                                                                
2:21:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  asked  what  would  happen  if  litigation                                                               
occurred  concerning  a  river   that  had  not  been  determined                                                               
navigable by the commissioner.                                                                                                  
                                                                                                                                
MR.  WALKER answered  that, should  the state  be sued,  it would                                                               
prepare  proof to  establish navigability.   He  stated that  the                                                               
evidence  would  include  historical evidence,  current  evidence                                                               
such as  boat travel  at different water  levels and  ArcGIS data                                                               
obtained by unmanned aircraft.  He  added that the state would be                                                               
well-equipped to address  litigation.  He offered  the example of                                                               
Lake  Clark, which  had  been involved  in  public complaints  of                                                               
federal interference with the use and  enjoyment of the lake.  He                                                               
stated  that  individuals had  been  denied  permits for  certain                                                               
activities  and  that  some commercial  guides  had  applied  for                                                               
permits via  the Southcentral Regional  office of DNR,  which had                                                               
prompted   research   that    revealed   that   no   navigability                                                               
determination had  been made.   He stated that the  Public Access                                                               
Assertion  and  Defense had  been  delegated  authority from  the                                                               
commissioner to make such determination  and, for Lake Clark, the                                                               
determination of navigability was issued.                                                                                       
                                                                                                                                
2:25:15 PM                                                                                                                    
                                                                                                                                
MR.  WALKER explained  that the  DNR  Southcentral Region  office                                                               
established the  types of permits  that should be required  via a                                                               
public process that included notification  of the upland property                                                               
owner.   He noted  that the federal  government advised  that the                                                               
state  "should  not"  take  the action.    He  characterized  the                                                               
response  as  appropriate between  sovereigns,  and  that HB  397                                                               
would promote such a relationship.                                                                                              
                                                                                                                                
2:27:32 PM                                                                                                                    
                                                                                                                                
REPRESENTAIVE  STORY noted  incidents concerning  the Lake  Clark                                                               
area asked for further examples of federal interference.                                                                        
                                                                                                                                
2:27:52 PM                                                                                                                    
                                                                                                                                
MR.  WALKER answered  that DNR  had received  numerous complaints                                                               
regarding  Crescent   Lake  including  federal   law  enforcement                                                               
conducting  time consuming  watercraft  safety  inspections.   He                                                               
shared  that commercial  operators  had  complained that  federal                                                               
requirements  could pose  costly  safety risks.    He offered  an                                                               
example  in  which  another complainant  had  alleged  harassment                                                               
regarding mooring buoys.                                                                                                        
                                                                                                                                
2:31:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STORY  asked whether  there existed any  state law                                                               
enforcement regarding  permitted activities  and how would  it be                                                               
conducted, should HB 397 pass.                                                                                                  
                                                                                                                                
2:32:11 PM                                                                                                                    
                                                                                                                                
MR.  WALKER  opined  that  there  could  exist  a  new  need  for                                                               
additional  law  enforcement  and  that  the  management  of  the                                                               
issuance of permits  was in place.  He stated  that the matter of                                                               
jurisdiction  would  provide   for  more  transparent  management                                                               
structure to the public.                                                                                                        
                                                                                                                                
2:34:56 PM                                                                                                                    
                                                                                                                                
CHAIR  TARR  referred   to  section  6  and   asked  whether  the                                                               
definition  of  submerged  lands  would be  consistent  with  the                                                               
federal definition.                                                                                                             
                                                                                                                                
MR. WALKER  answered that it would  be consistent and much  of it                                                               
had been derived from federal case law.                                                                                         
                                                                                                                                
2:36:43 PM                                                                                                                    
                                                                                                                                
CHAIR  TARR  asked whether  management  of  adjacent lands  would                                                               
change, and  what other  permits may be  required, should  HB 397                                                               
pass.                                                                                                                           
                                                                                                                                
MR.  WALKER  answered  that  he  would  defer  to  regional  land                                                               
management offices  for a complete  answer and offered  to follow                                                               
up with the committee.  He  noted that permit types would include                                                               
moorage  permits,   boat  storage  permits,  dock   permits,  and                                                               
infrastructure permits.                                                                                                         
                                                                                                                                
2:39:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY asked  what impact  the passage  of HB  397                                                               
would have on cases that were pending in court.                                                                                 
                                                                                                                                
MR. WALKER  answered that active  litigation would be  allowed to                                                               
conclude in  the court and would  not be affected by  the passage                                                               
of HB  397.  He noted  that, should the state  prevail in pending                                                               
litigation, it  would have  a positive impact  to further  a more                                                               
cooperative relationship  with the  federal government  and would                                                               
support future  amendments as  provided in  the bill  [to include                                                               
additional waterways.]                                                                                                          

Document Name Date/Time Subjects
House Fisheries Committee - Skipper Science Presentation 3.22.22.pdf HFSH 3/22/2022 10:00:00 AM
Skipper Science
HB 397 Sponsor Statement 3.10.22.pdf HFSH 3/22/2022 10:00:00 AM
HFSH 4/5/2022 10:00:00 AM
HFSH 4/19/2022 10:00:00 AM
HFSH 5/5/2022 10:00:00 AM
HB 397
HB 397 Version A 3.14.22.PDF HFSH 3/22/2022 10:00:00 AM
HFSH 4/5/2022 10:00:00 AM
HFSH 4/19/2022 10:00:00 AM
HFSH 5/5/2022 10:00:00 AM
HB 397
HB 397 Sectional Analysis 3.15.22.pdf HFSH 3/22/2022 10:00:00 AM
HFSH 4/5/2022 10:00:00 AM
HFSH 4/19/2022 10:00:00 AM
HFSH 5/5/2022 10:00:00 AM
HB 397
HB 397 Fiscal Note One - 3.14.22.PDF HFSH 3/22/2022 10:00:00 AM
HFSH 4/5/2022 10:00:00 AM
HFSH 4/19/2022 10:00:00 AM
HFSH 5/5/2022 10:00:00 AM
HB 397
HB 397 Research - Submerged Lands Presentation 3.22.22.pdf HFSH 3/22/2022 10:00:00 AM
HFSH 4/5/2022 10:00:00 AM
HFSH 4/19/2022 10:00:00 AM
HFSH 5/5/2022 10:00:00 AM
HB 397