04/20/1994 02:30 PM House JUD

  SB 293 - NATIVE ALLOTMENTS ON STATE LAND                                     
                                                                               
  Number 700                                                                   
                                                                               
  CHAIRMAN PORTER announced  the next bill to come  before the                 
  committee would be SB 293 "An  Act relating to the authority                 
  of the  commissioner of  natural resources  to reconvey,  or                 
  relinquish an interest in, land to the United States if that                 
  land  or  interest  being   reconveyed  or  relinquished  is                 
  identified in an  amended application  for a land  allotment                 
  under federal law."                                                          
                                                                               
  BRYCE EDGMON, legislative  staff to  Senator Jacko,  thanked                 
  Chairman Porter for  hearing the bill, as well  as extending                 
  apologies from Senator Jacko  for not being able to  make it                 
  to the  hearing.  He explained  there is a situation  in the                 
  state where  there are Native  Allotments, statewide,  which                 
  are located on  top of lands  that the state has  designated                 
  for public  purpose.  The prime example are those allotments                 
  located  in  state parks.   He  said  there are  also Native                 
  allotments located on airports, on prime recreational areas,                 
  on roads, and a several other sites the State has designated                 
  as  public  use  areas.   What  SB  293  does  is  gives the                 
  Commissioner of the Department of  Natural Resources (DNR) a                 
  tool to work with the allottee and the federal government to                 
  take this parcel of land, this allotment which is located on                 
  top  of state land, that has  been set aside for public use,                 
  and  relocate it  to another parcel  outside of  this public                 
  purpose area.  The  bill itself makes a technical  change to                 
  Title 38, to give  the commissioner of DNR the  authority to                 
  reconvey  the  land  to  the  federal government,  once  the                 
  relocation of the parcel has been  designated.  The bill has                 
  a zero  fiscal note.  It  passed the Senate  19 - 1.   It is                 
  actually felt  that the  bill would  have a positive  fiscal                 
  impact, because  it would  save DNR staff  a lot of  time in                 
  resolving these land use conflicts,  and it would also  save                 
  time in litigation,  in the adjudication stage  of resolving                 
  this allotment problem.                                                      
                                                                               
  MR. EDGMON ended his testimony  with one anecdotal incident.                 
  He said was talking with the  director of Parks right before                 
  the committee hearing today who told  him of an elderly lady                 
  in  the village of Newstuyahok,  which is located outside of                 
  Dillingham, who  filed for  her allotment  during the  Teddy                 
  Roosevelt Administration.  This woman is 104  years old now,                 
  and is still fighting to gain title to her Native allotment.                 
  He then said he would be available for any questions.                        
                                                                               
  Number 742                                                                   
                                                                               
  REPRESENTATIVE   PHILLIPS  referred   to  the   latest  land                 
  selections  DNR  has  done to  complete  our  statehood land                 
  selections and asked  if the bill would  conflict with those                 
  other selections.                                                            
                                                                               
  MR. EDGMON replied that it would  not reduce the 100 million                 
  acres that the state receives from the federal government.                   
                                                                               
  REPRESENTATIVE GREEN said  the he feels  the bill is a  good                 
  piece of legislation.   He referred  to there being a  large                 
  number of cases  that had to  cross allotment areas.   There                 
  are problems associated with who gives the permission; Is it                 
  the Bureau of Indian  Affairs?  Is it the  allottee himself?                 
  Is  it the state or the federal government?  He said it is a                 
  nightmare, and if the bill can unscramble that nightmare, it                 
  is a good piece of legislation.                                              
                                                                               
  CHAIRMAN PORTER asked where the selections would be made and                 
  where the classification  of land  selections would be  made                 
  from.                                                                        
                                                                               
  MR. EDGMON  said it  would be  a mutually  agreed upon  site                 
  between DNR and the allottee.   It would have to  go through                 
  he normal best interest finding  process for the department.                 
  It is envisioned that it  would be somewhere nearby, because                 
  Native   allotments  are  related  to  traditional  use  and                 
  occupancy.  So, in a practical  sense, it would be somewhere                 
  close by, outside that public use area.                                      
                                                                               
  REPRESENTATIVE PHILLIPS asked Mr. Edgmon  if we would have a                 
  conflict with municipal selected lands.                                      
                                                                               
  Number 760                                                                   
                                                                               
  MR.  EDGMON  said  a  selection  process would  have  to  be                 
  approved by DNR.                                                             
                                                                               
  REPRESENTATIVE PHILLIPS  asked if municipal  lands would  be                 
  allowed to be selected.                                                      
                                                                               
  MR. EDGMON said that is his understanding.                                   
                                                                               
  RON SWANSON, Director  of Division  of Lands, Department  of                 
  Natural  Resources,  said that  the  allottee, the  State of                 
  Alaska, the Bureau  of Indian Affairs,  and BLM all have  to                 
  agree upon what is going to happen here.  There is no we are                 
  going  to  create  another  conflict  situation,  having  an                 
  allotment move.   He  said they  are trying  to clarify  the                 
  problem, make sure we have access, don't block airports, and                 
  do not conflict with public use  sites.  Usually you can fix                 
  a situation more  than twice.   You can  do it three  times.                 
  Mr. Swanson said the department strongly supports this bill.                 
                                                                               
  REPRESENTATIVE GREEN made  a motion to  move SB 293, with  a                 
  zero fiscal note, and individual recommendations.                            
                                                                               
  CHAIRMAN PORTER asked  if there was  an objection.   Hearing                 
  none, the motion carried.