Legislature(1995 - 1996)

04/27/1995 04:15 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 SB 16 - INCREASE LAND GRANT TO UNIVERSITY OF ALASKA                         
                                                                               
 Number 233                                                                    
                                                                               
 CO-CHAIRMAN GREEN said the committee has for its working document             
 CSSB 16(FIN) AM, version F.                                                   
                                                                               
 SENATOR STEVE FRANK, PRIME SPONSOR, said SB 16 is a bill introduced           
 again this year.  He noted last year the bill moved through the               
 Senate, through the House and was scheduled on the House floor but            
 did not get a vote because of adjournment.  He explained the                  
 purpose of SB 16 is to increase the university's land grant.  The             
 university is a land grant university.  The university's current              
 land grant is 112,000 acres and is the smallest land grant of any             
 other western public land state.  He pointed out SB 16 would bring            
 the university's land grant to over 1 million acres including the             
 amount the university currently has.  He noted this land grant                
 would not be the biggest, as other states have higher land grants.            
                                                                               
 SENATOR FRANK stated SB 16 would allow the university to continue             
 to move on resource development as a source of income.  He noted              
 the bill would not make a big difference on the short-term, but in            
 the intermediate to long-term, it would be a significant source of            
 revenue to the university and help the university continue to                 
 diversify away from the general fund for financial support.  He               
 said an attempt was made to make the bill flexible so it would not            
 run into problems with existing land uses.  No legislatively                  
 designated areas would be subject to selection such as parks,                 
 refuges, etc.  Oil and gas lands, mental health trust lands, and              
 municipal lands or any lands the Department of Natural Resources              
 (DNR) commissioner expected to be selected by municipalities would            
 not be available.                                                             
                                                                               
 SENATOR FRANK said the language in SB 16 gives a great deal of                
 authority to the DNR commissioner to withhold any lands if it is in           
 the state's best interest.  He stated if there is a dispute, there            
 will be no litigation over it--the Regents can appeal to the                  
 Governor but it can no further than that.  He urged the committee             
 to support SB 16.                                                             
                                                                               
 Number 308                                                                    
                                                                               
 CO-CHAIRMAN WILLIAMS noted in the findings section, a reference is            
 made to the fact that most land grant colleges in the western                 
 states received more land from the federal government than the                
 University of Alaska.  He felt that seemed to be a wrong done by              
 the federal government to the university, not one done by the                 
 state.  He said before the state gives 1 million acres of state               
 land to the university, out of the state's 102 million acres,                 
 perhaps there should be work done to get another 1 million or 2               
 million acres out of the federal government.                                  
                                                                               
 SENATOR FRANK replied the university is going to ask.  However, he            
 does not want to make that a contingency.  He said if a further               
 grant is made to the university, it will enhance the university's             
 chances with the federal government.                                          
                                                                               
 REPRESENTATIVE OGAN asked what kind of land will be involved and              
 what process will be used to select the land.                                 
                                                                               
 SENATOR FRANK stated the university will have to select the lands             
 and will want to select lands having the greatest potential for               
 generating revenue.  He noted he was not sure where the land would            
 be located.  The university is trying to diversify the character of           
 their land grant.  He said it is clear, with the way the bill was             
 drafted, the university will have to work with DNR closely.  If the           
 university is doing something the public does not want, the                   
 Governor, through the commissioner, or the Governor himself can say           
 no.  He stressed he would like to see the university find lands               
 that would be productive and have them develop the lands                      
 responsibly for the benefit of the people.                                    
                                                                               
 SENATOR FRANK noted there are several proposed amendments.  He did            
 not object to any of the amendments.                                          
                                                                               
 REPRESENTATIVE OGAN wondered if language could be put in the bill             
 providing that when the university starts developing lands and                
 getting income, they would be forced to put some money in deferred            
 maintenance.                                                                  
                                                                               
 CO-CHAIRMAN GREEN noted there were nine people to testify.  He said           
 since there has been considerable dialogue exchanged on the bill              
 already, if anyone testified previously, they should identify                 
 themselves, give a brief review of what they said previously, so              
 other people who have not previously testified can testify.                   
                                                                               
 Number 392                                                                    
                                                                               
 JEFF PARKER, REPRESENTATIVE, ALASKA SPORT FISHING ASSOCIATION/TROUT           
 UNLIMITED, testified via teleconference and stated his                        
 organizations are strongly opposed to SB 16.  He said the main                
 concern is the bill will result in selections of lands important              
 for recreational fisheries and habitat for fish and wildlife.  He             
 noted the legislature has already conceded that lands very valuable           
 for oil and gas and minerals are not going to be conveyed to the              
 university, which means recreational lands will be selected.                  
                                                                               
 MR. PARKER said his organizations recommend the committee ask the             
 university to identify what lands it wants, which is only fair to             
 the public.  He stated if he was a student from the university, he            
 would be embarrassed to see the university not willing to put the             
 issue of what lands are involved on a level playing field with the            
 public.  He felt SB 16 is also a run around the constitutional                
 prohibition against dedicated funds because this is money dedicated           
 to the university.  If the state sold these lands itself under a              
 dedicated fund provision such as this, it would be                            
 unconstitutional.                                                             
                                                                               
 MR. PARKER stated what is lacking is any evidence that SB 16 can              
 create any significant infusion of revenue for the university over            
 a long term.  He noted his organizations are not opposed to funding           
 the university adequately.  He said the university has shown it               
 receives about $8 million from its existing land base, and 75                 
 percent of that comes from one-shot timber sales.  He pointed out             
 the current university budget is approximately $300 million from              
 all sources, which means over time the university will fund less              
 than 1 percent of its budget from land, while creating problems for           
 subsistence, commercial and sport fishing, recreation, guided,                
 unguided, floats and motorized users.                                         
                                                                               
 MR. PARKER said if municipal selections are on the table, almost              
 every municipality in the state (indiscernible) select and receive            
 title to all of its land, which means even if SB 16 is passed, the            
 university could not select any land because the prior municipal              
 (indiscernible) has to be fulfilled.  Therefore, he felt there is             
 no rush.  He urged committee members to not pass SB 16.                       
                                                                               
 Number 440                                                                    
                                                                               
 ERUK WILLIAMSON, REPRESENTATIVE, ANCHORAGE FISH AND GAME ADVISORY             
 COMMITTEE, testified via teleconference and stated SB 16 would                
 generate a pittance of revenue for the university for only a short            
 term.  He said logging and selling of state lands, which are a                
 pride and (indiscernible) wildlife habitat will aggravate the                 
 shrinking of these resources, while the demand steadily rises.  He            
 felt recreational access will be reduced by granting land to                  
 private holdings.  He stressed SB 16 will create more conflict                
 between user groups than over habitat loss.                                   
                                                                               
 MR. WILLIAMSON pointed out these lands have the potential to                  
 sustain various subsistence, recreational, and commercial uses                
 through wise planning.  Logging and privatization precludes these             
 long term benefits.  The time and fate of subsistence and                     
 nonsubsistence uses is a (indiscernible) to reduce the amount of              
 valuable habitat and recreational land available.  He urged                   
 committee members not to support a bill which offers minuscule                
 short-term economic benefits while robbing future generations of              
 Alaskans of subsistence, recreation and sustainable resource use.             
                                                                               
 Number 461                                                                    
                                                                               
 CLIFF EAMES, REPRESENTATIVE, ALASKA CENTER FOR THE ENVIRONMENT,               
 testified via teleconference, and stated while he supports the                
 university, he also supports other state programs and services                
 which would be disfavored by SB 16.  He said SB 16 will provide an            
 illegal dedicated fund.  Whether SB 16 is illegal or not, it will             
 close options for the future use of revenues and lands.  He noted             
 a development colleague recently said if lands are retained in                
 general public ownership, everybody gets a bite of the apple.  He             
 pointed out that will not happen if these lands are transferred to            
 the university.  He felt conflicts will grow tremendously when                
 lands are actually identified for transfer.  He stressed SB 16 is             
 not an appropriate approach to fund any state programs.                       
                                                                               
 Number 479                                                                    
                                                                               
 LAUREN CARLTON, CO-CHAIRPERSON, STUDENT LEGISLATURE, KACHEMAK BAY             
 BRANCH OF THE KENAI PENINSULA COLLEGE, UNIVERSITY OF ALASKA,                  
 testified via teleconference and expressed support for SB 16.  She            
 said there are so many budget problems throughout the university.             
 At an earlier teleconference on a different subject, the point was            
 made that there is not much money to go around and only the first             
 four things will be funded on the Board of Regents priority list.             
 She felt there is a need for creative ways to come up with money              
 for the university.                                                           
                                                                               
 MS. CARLTON disagreed with the previous speaker's argument that the           
 land will not be used properly.  She pointed out that the                     
 University of Alaska, Fairbanks, after much public comment, did not           
 lease land to a major retailer in Fairbanks due to the critical               
 waterfowl habitat on the area they were going to lease out.  She              
 felt the university would be a good vehicle for the conveyance of             
 state lands to an entity that would be responsible in the use of              
 the land.  She said she trusts the university and pointed out that            
 the university has been known to be very responsible with the land            
 they have currently.                                                          
                                                                               
 MS. CARLTON noted a previous speaker mentioned the borough land has           
 not been fulfilled.  She did not feel that is a reason to not allow           
 the university to have state lands available to them.  She did not            
 think it was necessary for the university to indicate what they               
 plan to do with the land before they even get it.  She felt it was            
 important for the university to have a public comment period to               
 discuss how they want to use the land once they acquire it.  She              
 stressed the university is a land grant college and yet has the               
 least amount of land available compared to most land grant                    
 universities.  She noted the state has a lot of land which could be           
 given to the university.                                                      
                                                                               
 MS. CARLTON recalled a previous speaker said the state only made $8           
 million.  She felt that was a lot of money when only $10 million is           
 in the budget for the entire university system.  She stated if the            
 university had more land, it would have more versatility to get               
 money in the coffer and therefore would not have to be dependent on           
 the legislature, but rather be financially self-sufficient.                   
                                                                               
 Number 530                                                                    
                                                                               
 DON CORNELIUS, PETERSBURG, testified via teleconference and stated            
 SB 16 would allow the University of Alaska to select one million              
 acres of state land for a single use...to generate revenue.  He               
 felt such legislation could have a major impact on Petersburg and             
 other Southeast communities.  He said to put one million acres in             
 perspective, the draft Tongass Land Management Plan preferred                 
 alternative would have made 1.6 million acres of land available for           
 timber harvest on the entire forest.  Many scientists, as well as             
 others, said that was too much if other forest values were to be              
 protected.  He noted Admiralty Island is approximately one million            
 acres in size.                                                                
                                                                               
 MR. CORNELIUS stated SB 16 is a particular problem for Southeast              
 because much of the state land in Southeast is around the towns.              
 This includes most of the shoreline and adjacent uplands on Mitkof            
 Island.  He pointed out one of the quickest ways to make money off            
 land in Southeast is to log it.  He said these same lands have                
 other values not protected by the proposal.  They support deer and            
 other wildlife used by local hunters and wildlife viewers.  They              
 provide clean water for salmon streams.  They provide a scenic                
 backdrop to communities.  He stressed all of these uses would be              
 adversely affected by SB 16.                                                  
                                                                               
 MR. CORNELIUS told committee members to witness what happened to              
 the Whipple Creek area on the Ketchikan road system.  He noted over           
 the protests of local residents, the university logged Slide Ridge            
 near Whipple Creek.  He stated the university representative, who             
 lives in Anchorage and did not have to live with his actions, said            
 the people were unreasonable, that they were being selfish.  What             
 resulted is some of the worst logging ever seen.  He said it is an            
 eyesore to local residents, as well as tourists.  He pointed out              
 that area previously supported deer.  They will be lost because               
 second growth does not provide feed for wildlife once the canopy              
 closes over in 15 to 25 years.  It used to stabilize the soils on             
 Slide Ridge and that soil stability is lost.                                  
                                                                               
 MR. CORNELIUS stated the university already owns lands next to and            
 above Banana Point boat launch ramp on Mitkof Island.  It is a                
 major deer concentration and wintering area and is used extensively           
 by local hunters.  He said when confronted with that concern, a               
 university land manager stated the hunters were trespassing on                
 private land.  He stressed that is what SB 16 could mean...losing             
 wildlife, damaging watersheds that provide fish habitat, destroying           
 the scenic backdrop of Petersburg and other Southeast communities             
 and losing access to the back yard.                                           
                                                                               
 MR. CORNELIUS said unlike residents of Southcentral who live on the           
 road system, people in Petersburg cannot drive someplace else to do           
 their recreating as there is a very limited land base.  He stated             
 if that land base is turned over to private enterprise, as the                
 university is considering, Petersburg's limited opportunities to              
 enjoy the Alaska way of life will be even further restricted.  He             
 pointed out if SB 16 passes, Southeast residents will have lost               
 much of their voice concerning what happens on state lands on                 
 Mitkof Island and around other Southeast communities.  It will be             
 in the hands of absentee landlords...university land managers from            
 Anchorage and Fairbanks who will not have to live with the                    
 consequences of their actions.  He noted the university has not in            
 the past, nor are they required to, listen to the concerns of local           
 residents.                                                                    
                                                                               
 MR. CORNELIUS urged committee members to reject SB 16 because it is           
 not for the common well being of the people of Alaska.  He said as            
 an alternative, it is time to realize that the state cannot                   
 continue being a welfare state, handing out almost a thousand                 
 dollars to everyone who lives here for a year.  He felt Alaskans              
 could have a higher standard of living if they used the permanent             
 fund for the common good...for things like providing a good                   
 university for the state's citizens.  He stated it is also time to            
 accept responsibility for the state's destiny by anteing up for               
 state taxes.  He stressed this is another responsible way to                  
 provide for roads, sewers, and universities without making rural              
 residents pay an unfair cost...loosing the opportunities to live              
 the Alaskan lifestyle.                                                        
                                                                               
 Number 578                                                                    
                                                                               
 BONNIE WILLIAMS, FAIRBANKS, testified via teleconference.  She                
 stated she is a former employee of the university and has no                  
 interest or intention to pursue any interest in any natural                   
 resource or real estate development but is testifying as a member             
 of the general public.  She said as a fly fisherman, she is deeply            
 concerned about fishing conditions, etc.  She expressed strong                
 support of SB 16 and urged committee members to pass it with the              
 full one million acres intact.                                                
                                                                               
 MS. WILLIAMS said SB 16 would go a long way toward providing the              
 University of Alaska the original land intended to be granted to              
 the university by the federal government and never fulfilled by the           
 state.  She stated in the late 1970s, the university received full            
 control of the management of its lands from the state and after               
 several years budget details inventory, both documentary and on               
 site, the university began to earn revenue from its land.                     
                                                                               
 MS. WILLIAMS noted previous speakers have thrown out numbers in               
 their testimony that do not correlate with the numbers she heard              
 when she worked at the university.  She pointed out the                       
 university's revenue over the past year was up to approximately $7            
 million and has been rising every year.  She stressed $7 million is           
 not insignificant and is revenue off of approximately 100,000                 
 acres.  Adding another 1 million acres would provide for a                    
 projected annual revenue of $70 million.  She stated that amount              
 would significantly help the university and all of its branches,              
 and help the state with its annual budget problems.                           
                                                                               
 MS. WILLIAMS stated equally important is that each one million                
 dollars in revenue accruing from natural resource development means           
 jobs.  She guessed that $1 million in revenue profit to the                   
 university translates, at a 7 percent return, $14,285,000 worth of            
 activity, at least 100 jobs...more likely 300-500 jobs.  She said             
 with real resource development occurrence on long-term leases                 
 (indiscernible), the state would begin to develop (indiscernible).            
                                                                               
 MS. WILLIAMS said the university has been a good steward of its               
 land and will continue to be a good steward whether the grant is              
 100,000 or 1 million plus acres.  She stated the university needs             
 a stable source of revenue and the state needs real, long-term                
 permanent relief on the demands of its funds.  Citizens need a more           
 diversified economy and jobs paying good wages.  She urged                    
 committee members to support SB 16.                                           
                                                                               
 TAPE 95-59, SIDE A                                                            
 Number 000                                                                    
                                                                               
 DAN RITZMAN, BOREAL FOREST COORDINATOR, NORTHERN ALASKA                       
 ENVIRONMENTAL CENTER (NAEC), testified via teleconference and                 
 stated NAEC opposes SB 16.  He said SB 16 transfers public lands              
 out of public ownership, which means Alaskans will lose their voice           
 on the decisions affecting the management of one million                      
 unspecified acres.  He pointed out the university will select the             
 best and most valuable land, leaving the poorer land to the public.           
 This type of highgrading, without the opportunity for public                  
 comment, is not responsible land management.                                  
                                                                               
 MR. RITZMAN said SB 16 exempts the land transferred from virtually            
 all of the public participation and resource protection                       
 requirements of the Alaska Lands Act.  He stated public lands                 
 traditional uses--fishing, hunting, trapping, and many other                  
 recreational purposes--will be lost or restricted after the land              
 transfer.  (Indiscernible) on transferred lands will conflict with            
 existing uses of private land and neighboring landowners.                     
                                                                               
 MR. RITZMAN stated the "use it or lose it" clause in SB 16, which             
 requires the university to generate income from the land in ten               
 years or forfeiture back to the state, forces the university to               
 rush into hasty, ill-conceived and especially destructive                     
 development.  He said large scale clearcutting for export may be              
 one of the few ways revenue can be generated within the specified             
 time frame.  He stressed SB 16 is not good for Alaska, it is not              
 the answer to university funding, and it is not responsible                   
 resource management.                                                          
                                                                               
 Number 048                                                                    
                                                                               
 COLIN READ, REPRESENTATIVE, UNIVERSITY OF ALASKA FACULTY, testified           
 via teleconference and expressed concerns in regard to funding for            
 the university.  He stated a conspiracy of factors will together              
 apply to next year's funding for the university and will result in            
 funding upwards of 8 percent lower than this year's funding.  He              
 expressed an interest in an even revenue stream for the university.           
                                                                               
 MR. READ said higher education is not like some other public agency           
 in that the university enters into a long-term contract with its              
 clients.  Students are promised the opportunity to complete their             
 programs within seven years.  He stated it is extremely difficult             
 to engage in long-term contracts with Alaskans seeking a higher               
 education when the university's budget is from fiscal year to                 
 fiscal year.  He stressed there is a need for a mechanism to even             
 out the flow of resources to the university.  He pointed out a                
 university land grant will allow the university to be less                    
 dependent on general funds.                                                   
                                                                               
 MR. READ stated the university has been identified as a model for             
 how to work with various interest groups in the state.  He said               
 such successes are possible perhaps because of the quasi-public               
 nature of the university.  He pointed out it seems sensible for the           
 state to encourage these successes, as these successes essentially            
 reduce the need for state support of higher education.  He felt it            
 was ironic for him to be speaking on this issue.  He                          
 (indiscernible) in Alaska and Rhode Island and takes pride in his             
 association with the two states.  He noted the irony is that Rhode            
 Island, the smallest state in the Union, actually has a larger land           
 grant than Alaska.                                                            
                                                                               
 Number 100                                                                    
                                                                               
 MARIE BEAVER, FAIRBANKS, testified via teleconference and expressed           
 opposition to SB 16.  She stated SB 16 will eliminate important               
 public processes and multiple use requirements.  She also wondered            
 if SB 16 is the best way to increase revenue at the university.               
 She felt SB 16 would promote hasty and thoughtless resource                   
 development.  She said important habitat would be destroyed, fish             
 and wildlife populations would be crippled, and other uses such as            
 hunting, trapping, recreation, and tourism would be damaged.  She             
 urged committee members to oppose SB 16.                                      
                                                                               
 BRIAN ROGERS, FAIRBANKS, testified via teleconference and stated              
 this is not an illegal fund.  He said the state's Constitution                
 prohibits dedication of funds for those funds which denies                    
 (indiscernible) pre-statehood.  He noted the university revenue               
 funds did pre-date statehood and do not give a constitutional                 
 dedicated fund.  He pointed out the university has been sensitive             
 to public concerns with land management in the past.  He explained            
 there are two opportunities specifically laid out in SB 16 for                
 comments--first at the time of selection and second, at any time of           
 development.                                                                  
                                                                               
 MR. ROGERS felt it might be useful if the committee looked at the             
 1988 process where the university selected land.  He noted there              
 were concerns raised about some of those selections and the                   
 university backed away from some of the selections.  He stated                
 there were also controversial selections but ultimately all of the            
 controversial selections were settled, including a settlement which           
 involved a major timber harvest signed off on by several                      
 environmental groups, as well as the various state departments.  He           
 stressed the university has a demonstrated track record and the               
 allegations of hasty development are not accurate.                            
                                                                               
 CO-CHAIRMAN GREEN noted Mr. Rogers had not mentioned whether or not           
 he was representing an organization.                                          
                                                                               
 MR. ROGERS said he was representing himself, although he was a                
 former vice president for finance of the university at the time the           
 legislation was written.                                                      
                                                                               
 REPRESENTATIVE BARNES stated the last time she saw this                       
 legislation, it contained a 250,000 acres land grant.  She wondered           
 why the figure is now 1 million acres.                                        
                                                                               
 MR. ROGERS said last year the Senate bill contained 1 million acres           
 and it was amended on the Senate floor to 500,000.  He stated when            
 the bill was in second reading on the House floor, it was amended             
 from 500,000 to 250,000 and then sent back to Rules due to lack of            
 time.                                                                         
                                                                               
 Number 200                                                                    
                                                                               
 SEAN MCGUIRE, FAIRBANKS, testified via teleconference and stated,             
 "there could be legislation put forward that could give the                   
 university land near some of these communities where they could               
 have real estate or other things like that, but to go out and say             
 we are going to give the university one million acres...every                 
 single fisherman or hunter I have talked to is totally opposed to             
 this.  I think the Republicans are going to alienate large                    
 constituencies.  Much of this land is (indiscernible) and private             
 property signs are going to be sprouting up where people used to              
 hunt and fish and people understand this.  I think there is a real            
 broad-base of opposition here."                                               
                                                                               
 MR. MCGUIRE continued, "I cannot help but almost roll my eyes when            
 people say the university has a good track record for stewardship.            
 The worst single clearcut in the entire state was the university              
 clearcut down in Yakataga.  When you are flying in a jumbo jet, it            
 takes about ten minutes, at 600 miles per hour, to go over that               
 clearcut.  Secondly, the university, here recently, tried to sell             
 off a treasure that the whole community really is near and dear to            
 their hearts.  They tried to sell that off to Wal-Mart, and to me             
 that is a very clear example that support to the economics here are           
 going to dictate that the university is going to be scrambling to             
 try to get as much money as possible.  I think that is going to end           
 up being the driving force here.  I think that if you look around             
 at the different constituencies, (indiscernible)."                            
                                                                               
 Number 254                                                                    
                                                                               
 NICO BUS, LEGISLATIVE LIAISON, DEPARTMENT OF NATURAL RESOURCES                
 (DNR), expressed opposition to SB 16.  He said just like the                  
 university, the state of Alaska has a revenue problem.  DNR just              
 completed its negotiations with the mental health trust, which the            
 department considered a process bill.  He noted the department                
 tried five times to get a reasonable settlement.  He felt this is             
 going to be a very lengthy process that would be better used to               
 answer the question of how to better utilize the current land base            
 and maximize the revenue for the state as a whole.                            
                                                                               
 MR. BUS stated, "there are many other individual issues which have            
 been mentioned with this bill.  This attempts to make as many                 
 provisions...give DNR many powers to review the selections.  It               
 does include oil and gas right now.  There are a lot of new                   
 initiatives in oil and gas exploration and the department would               
 like to see the Administration analyze what their priorities are              
 for these land uses and then revisit this issue later with the                
 university."                                                                  
                                                                               
 REPRESENTATIVE DAVIES wondered what kind of time frame would be               
 involved with the review.                                                     
                                                                               
 MR. BUS stated since the Administration is new, they would like to            
 look at overall financial long-range planning for the state, take             
 all the issues in consideration including university funding, and             
 move ahead.  He said committing one million acres to the university           
 is a little premature for this Administration.                                
                                                                               
 Number 293                                                                    
                                                                               
 REPRESENTATIVE DAVIES noted the process of identifying land and               
 going through the public process in selecting the land will take a            
 long time.  He said the department still retains a great deal of              
 discretion in SB 16 as to which lands to approve.  He suggested               
 there is plenty of time for that review.                                      
                                                                               
 MR. BUS said his understanding is the university is looking at this           
 from a long-term financial planning standpoint as well.  He stated            
 what the department does not want to get involved with currently is           
 diverting attention to negotiating with the university, looking at            
 their selections, etc.  The department wants to focus on how it can           
 generate and maximize revenue for the state of Alaska and serve the           
 public process.                                                               
                                                                               
 REPRESENTATIVE OGAN wondered what the university does better than             
 the state.  He asked why the state does not just develop state                
 land, make money off of it, fund the general fund and then fund the           
 university.                                                                   
                                                                               
 MR. BUS replied when the land is transferred to the university, it            
 becomes private land and the university does not have the same                
 requirements the state has such as sustained yield and buffer                 
 zones.  He stated the university can maximize the dollar to a                 
 larger extent than the state.  He said that is an area the                    
 department is currently looking at...what are the current statutes            
 the department has to deal with and working with the legislature,             
 how can the department make some changes enabling the state to make           
 more money.                                                                   
                                                                               
 REPRESENTATIVE BARNES wondered if the department would support a              
 smaller land grant to the university such as 200,000 acres.                   
                                                                               
 MR. BUS stated the department, at the present time, would not                 
 support any land grant to the university.                                     
                                                                               
 Number 348                                                                    
                                                                               
 SARA HANNAN, EXECUTIVE DIRECTOR, ALASKA ENVIRONMENTAL LOBBY, stated           
 the university land grant is not a new discussion before the                  
 legislature.  Since statehood, the university has sought additional           
 lands to its federal land grant.  She encouraged the committee to             
 separate the two issues.  She said endowing the university and                
 discussing aggressive management of one million acres of state land           
 are different and separate discussions.                                       
                                                                               
 MS. HANNAN said the federal land endowment was fulfilled,                     
 unfulfilled, litigated for ten years, and settled in 1988.  The               
 specific settlement was five years in negotiation with every single           
 parcel of land delineated in the settlement.  She stated the                  
 university worked hard for that and they have done a good job of              
 aggressively managing their land for the purpose of economic return           
 to the university.  She noted many people in the environmental                
 community have been concerned about some of the university's                  
 developments but for the purposes in which they received the land,            
 they have met their goal.                                                     
                                                                               
 MS. HANNAN asked the question, does the state owe the university              
 another 750,000 acres above and beyond the original federal                   
 entitlement.  The university says it does.  She stated if the state           
 pie is looked at, the state is taking its own resources, which may            
 give the state some money, and giving it to the university.  She              
 said if the state gets a land entitlement to fulfill that federal             
 land grant from federal lands, then the pie is being added to and             
 every Alaskan benefits.                                                       
                                                                               
 MS. HANNAN asked the question, is it a good land management policy            
 to fragment the land ownership even further.  She thought it was a            
 serious question to decide.  She wondered if the state wants to               
 encourage the university, because it is a private land entity                 
 separate from the state, to do value-added processing of timber.              
 She noted that could be required but that is a policy discretion              
 which needs to be put in statute before the land goes to the                  
 university.  Once the university has the land, it is theirs.  It is           
 private land for the purposes of legal development and the state no           
 longer has a say directly in what the university does and how they            
 do it.                                                                        
                                                                               
 MS. HANNAN said if the state decides it wants to aggressively seek            
 mining and wants the university to be an aggressive manager of                
 mines, the state should design that as a policy question going into           
 the granting of land to the university.  She stressed the state is            
 going to give the university one million acres of land without                
 delineating it and without negotiating it.  She stated other                  
 legislatures have discussed different kinds of land disposals and             
 every one of them has gone through lengthy hearings where the final           
 acreage is delineated before it is given away.  She added every               
 municipality does that, every preserve of land does that, and every           
 time the state disposes of land it specifies that.                            
                                                                               
 MS. HANNAN wondered if the state has a higher obligation to endow             
 the university than secondary schools.  In 1988, Governor Cowper              
 agreed to endow the university and finalize the state entitlement             
 but he also said the state should endow a secondary and primary               
 school.  She said that was never done.  She pointed out the state             
 has gone further down the economic slide.  The state has less money           
 and is looking for more ways to enhance the management and income             
 of its lands.  She did not feel the legislature was answering the             
 questions regarding policy about land management before giving land           
 to the university.                                                            
                                                                               
 MS. HANNAN felt SB 16 was being rushed through the session and                
 needs a lot of work to be done on it.  She urged the committee to             
 keep SB 16 in committee.                                                      
                                                                               
 Number 420                                                                    
                                                                               
 REPRESENTATIVE BARNES asked if she were to agree with Ms. Hannan,             
 would she go from zero on the AEL's scorecard up to about ten.                
                                                                               
 WENDY REDMAN, UNIVERSITY RELATIONS, UNIVERSITY OF ALASKA, stated              
 there were several issues raised which she would like to address.             
 She said there are many rumors going around about the university              
 selecting particular pieces of land.  She stressed the university             
 does not know what land they will be selecting.  She explained the            
 university wrote a special section in SB 16 which protects the                
 customary and traditional use of the land and a section which                 
 provides tort protection for the university, letting the university           
 allow people to come on undeveloped land.                                     
                                                                               
 MS. REDMAN said the university has tried very hard in the last two            
 years to address all of the concerns expressed by various groups in           
 regard to SB 16.  She stated people are concerned about 20 million            
 acres in the state which they are certain the university is going             
 to select.  The university has tried to meet the concerns the                 
 environmental community has brought forward with a much tightened             
 and different type of public process in terms of putting out the              
 public land grant plan, going to the communities where the                    
 development is planned.  She noted there are many examples where              
 the university has gone into those communities with its land use              
 plans, listened to the community and shaped the plan in response to           
 that input.  She added in some cases the plan has been called off             
 in response to community input.                                               
                                                                               
 MS. REDMAN stated she is tired of hearing the one issue which                 
 people bring up when they want to talk about bad land management by           
 the university, which is Whipple Creek.  She said it is the only              
 issue she hears people bring up.  She explained Whipple Creek is              
 one of the clearcuts the university did.  She agreed clearcuts are            
 not beautiful to look at but she challenged anyone who suggests the           
 university has not been an outstanding steward of its lands for the           
 last decade.                                                                  
                                                                               
 MS. REDMAN agreed this is a policy call which the legislature needs           
 to make.  She said the policy is simple--if they believe that                 
 having slightly less than 2 percent of the land of this state in              
 private hands for development is too much, then they should vote              
 against SB 16.  If they think more land should be in private hands            
 for development, generating new revenue for the state, then SB 16             
 should be supported.  She stated the university has a record that             
 is superior in being able to get land into development and generate           
 new revenue for the state which otherwise would not be generated.             
                                                                               
 REPRESENTATIVE BARNES stated the issue of whether or not more land            
 should be in private ownership is not necessarily a reason to                 
 support SB 16.  She believes in having more land in private                   
 ownership but would like to see that land in the hands of                     
 individual Alaskans, so the individual Alaskans can help develop              
 the state as well.  She wondered where in the bill it mentions that           
 traditional uses will continue.                                               
                                                                               
 MS. REDMAN replied that language is on page 10, line 28.                      
                                                                               
 REPRESENTATIVE BARNES stated it troubles her to hear people refer             
 to the land grant of other states versus the amount of land the               
 state has granted.  She agreed that Alaska is the largest state in            
 the nation and has less than 2 percent of its land in private                 
 ownership but on the other hand, the state does not have much                 
 developable land in the state.  She pointed out if the university             
 selects all of the developable land which the state can derive                
 revenues from, where does that leave the state.  That is why she              
 asked the question about a smaller amount of land to be granted.              
                                                                               
 REPRESENTATIVE BARNES noted that most other states do not have to             
 deal with the same environmental constraints that Alaska does, such           
 as the adverse conditions and where development might take place as           
 it relates to Alaska versus the Lower 48.  She felt all of those              
 things need to be balanced.                                                   
                                                                               
 CO-CHAIRMAN WILLIAMS agreed with Representative Barnes to a certain           
 extent that there is a need to get land into private ownership.  He           
 felt one million acres is not even enough.                                    
                                                                               
 REPRESENTATIVE DAVIES agreed that the university has been an                  
 exemplary developer of land in the sense that they brought                    
 communities to the table before developing land.  He noted there is           
 one other advantage the university has over the state which has not           
 been mentioned.  The university, being a quasi-public institution,            
 is not subject to the interstate commerce restrictions the state of           
 Alaska is.  Therefore, the university can require in a contract, if           
 they desire, to require local value-added processing.  He felt SB
 16 can be looked at as increasing the development pie in the state            
 rather than slicing the pie thinner.                                          
                                                                               
 CO-CHAIRMAN GREEN stated the committee cannot meet again until 5:00           
 p.m. April 28.  He recessed the meeting until that time.                      

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