Legislature(2007 - 2008)BARNES 124
03/28/2007 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HB186 | |
| HB128 | |
| HB203 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 203 | TELECONFERENCED | |
| *+ | HB 176 | TELECONFERENCED | |
| *+ | HB 194 | TELECONFERENCED | |
| + | HJR 4 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 186 | TELECONFERENCED | |
| += | HB 128 | TELECONFERENCED | |
HB 203-KODIAK NARROW CAPE PUBLIC USE AREA 2:32:27 PM CO-CHAIR GATTO announced that the final order of business would be HOUSE BILL NO. 203, "An Act creating the Kodiak Narrow Cape Public Use Area." 2:33:20 PM REPRESENTATIVE GABRIELLE LEDOUX, Alaska State Legislature, speaking as the sponsor of HB 203, informed the committee that it should have a proposed committee substitute (CS), which was necessitated by some changes to the legal description in the original legislation. 2:34:18 PM SUZANNE HANCOCK, Staff, Representative Gabrielle LeDoux, Alaska State Legislature, explained that HB 203 sets aside a very special area of Kodiak for public use. Currently, there are five public use areas recognized in state law, the most recent is the Knik River Public Use Area. The Narrow Cape area of Kodiak has a long history of public use from beach combing to surfing. REPRESENTATIVE LEDOUX interjected that Kodiak is a popular destination for extreme surfers. MS. HANCOCK informed the committee that there is footage of Kodiak in the movie "Endless Summer II". She then informed the committee that Narrow Cape has an area referred to as Fossil Beach, where rocks bear the imprint of leaves from previous centuries. In fact, the committee packet includes a prize- winning photo and essay from a local Kodiak student regarding Fossil Beach. The area is also the home of the Kodiak Launch Complex. A few years ago there was an initiative to transfer this land to the University of Alaska, which triggered a review of possible steps to recognize and protect the important public use value of this land. Creation of a public use area will require the adoption of a management plan for the area, which should help manage any usage conflicts and ensure the important multiple use of the area. 2:37:45 PM CO-CHAIR JOHNSON asked if this fits within the coastal management plan. MS. HANCOCK deferred to the borough manager. 2:38:03 PM REPRESENTATIVE WILSON asked if this legislation would prevent any activity from happening that currently does. MS. HANCOCK specified that all who regulate land use will continue to do so under HB 203, unless through the management plan other things are determined. 2:38:46 PM REPRESENTATIVE WILSON surmised that if the Narrow Cape area is set aside, no hunting would be allowed in the area. 2:38:57 PM CO-CHAIR GATTO recalled when the Knik River Public Use Area was set aside, it didn't prevent fishing or any other use. Since HB 203 is modeled after the Knik River Public Use Area, he surmised that similar restrictions or nonrestrictions exist. 2:39:49 PM REPRESENTATIVE KAWASAKI inquired as to the difference in the definition of a public use area versus a refuge, a sanctuary, or a critical habitat area. He then inquired as to whether an inclusive or exclusive list of what's allowed in a public use area would be necessary. MS. HANCOCK deferred to the Department of Natural Resources (DNR). 2:40:37 PM DICK MYLIUS, Director, Division of Mining, Land and Water, Department of Natural Resources, explained that a public use area is an area of state land that the legislature sets aside for retention or state ownership in order to accommodate a large number of multiple uses. The key component of a public use area is that it's to be retained in state ownership. Therefore, the disposal of the land is prohibited. The land remains state land and is managed by the Division of Mining, Land and Water for multiple use, including mining, oil and gas, hunting, and fishing. A public use designation, he noted, often identifies a higher level of management of the area and thus the division may be more active in managing public use areas as is the case with the Knik Public Use Area. Mr. Mylius said that the public use designation wouldn't significantly change how the area is managed. About three years ago the Kodiak area land use plan was completed. The management proposed in the public use area is very similar to that outlined area plan. He mentioned that the area land use plan didn't identify any land disposals in the area. The legislation makes the determination in the land use plan permanent. 2:43:18 PM CO-CHAIR GATTO asked if a person with in holdings would be protected from losing his/her property. MR. MYLIUS replied yes, and specified that the public use area only applies to state land. There are specific provisions included in HB 203, including the provision specifying that the state cannot use eminent domain to acquire any private in holdings. There is another provision in HB 203 that specifically provides access to in holdings. In terms of enforcement, Mr. Mylius pointed out that the Knik Public Use Area legislation included specific enforcement language that was given to DNR, which isn't currently provided on state land. Therefore, a higher level of enforcement was provided for the Knik Public Use Area. He further pointed out that there is no such provision in HB 203, but it's addressed in HB 194. 2:44:30 PM REPRESENTATIVE SEATON, referring to page 3, subsection (f), opined that there seems to be a mechanism for determining uses that cannot be done in the proposed Kodiak Narrow Cape Public Use Area. He asked if there could be a challenge that there's an incompatible use that would place at risk any of the existing uses. For instance, he surmised that mining, although allowed, would be challenged under this compatibility standard. MR. MYLIUS stated that although the legislation specifically protects certain types of uses, such as the rocket launch facility, those uses can be restricted within certain areas through a land use plan. A land use plan requires a very public process. He noted that the mechanism for preventing mining would be a mineral closing order. The purpose for doing a management plan is so that existing uses can be reviewed and there's a mechanism for addressing conflicts. 2:46:57 PM CO-CHAIR GATTO, referring to a color photo in the committee packet, noted that there is denotation of a ranch and a landing strip. He asked if that landing strip is merely a dirt runway or something that may ultimately be extended to accommodate more use. MR. MYLIUS confirmed that it's a dirt landing strip, which he said he wasn't sure whether it's on state land or within the private in holding of the Kodiak Ranch. In further response to Co-Chair Gatto, Mr. Mylius specified that the Alaska Aerospace Development Corporation has very specific rights to some property [within the proposed Narrow Cape Public Use Area], but those won't be compromised by the legislation as they are existing rights. The Alaska Aerospace Development Corporation is a state agency that has an interagency land management agreement with DNR. Therefore, the corporation has the right to use the land for specific things and the ability to make certain land use decisions on its own within the property, subject to what's specified in the agreement. 2:48:23 PM REPRESENTATIVE GUTTENBERG highlighted the fiscal note for $150,000 over two years, which includes analysis specifying that the existing Kodiak Area Plan for State Lands adopted in 2004 may be sufficient to address the current public land use issues in the area. Therefore, he inquired as to the point of the fiscal note. MR. MYLIUS pointed out that the legislation requires that the department perform a management plan, and therefore the fiscal note outlines the potential cost. However, the recent completion of the Kodiak Area Plan seems to address most of the immediate issues, and therefore the department doesn't see a burning need to perform a management plan. One option is to delete the requirement for a management plan from the legislation. He noted that the aforementioned wouldn't preclude the department from doing a management plan in the future. 2:49:53 PM REPRESENTATIVE WILSON inquired as to the reason section 15 was included as part of the Kodiak Narrow Cape Public Use Area. MR. MYLIUS responded that he wasn't sure of the reason it was included. He suggested that perhaps it would follow the land encompassed by a grazing lease or the land immediately to the north may not be state land. He offered to check that. 2:51:01 PM BILL BURTON, Owner, Kodiak Game Ranch, informed the committee that he [has owned] the Kodiak Game Ranch, which raises buffalo, elk, yak, cattle, and horses, for around 40 years. Hunters and fishermen are taken in on horseback. The property includes a bunkhouse and leases a lodge for the launch facility. He confirmed that the ranch also includes a grass strip for private use. In response to Co-Chair Gatto, Mr. Burton specified that the landing strip is primarily for the Kodiak Game Ranch. Generally, people interested in using the landing strip contact him first since it's a private landing strip. He noted that when he purchased the ranch in 1967, the landing strip was there. There is a state road to the ranch that the ranch maintains. He noted that there are times when the gates are locked due to the location of the elk. 2:55:27 PM MR. BURTON suggested that the language "existing grazing rights or leases" be inserted on page 1, line 8, following "perpetuate,". He acknowledged that the aforementioned language is included later in the legislation. These leases will be up for renewal in a few years, and inserting this language would help ranchers and the ranching industry. 2:57:12 PM CO-CHAIR GATTO announced that the committee is running out of time today and will hold HB 203. 2:57:32 PM REPRESENTATIVE SEATON moved to adopt the proposed committee substitute (CS) for HB 203, Version 25-LS0732\C, Bullock, 3/21/07 as the working document before the committee. There being no objection, Version C was before the committee. 2:57:48 PM REPRESENTATIVE SEATON moved to adopt Conceptual Amendment 1, as follows: Page 2, line 1, following "commissioner": Delete "shall" Insert "may" The sponsor indicated her agreement with Conceptual Amendment 1 by nodding her head. There being no objection, Conceptual Amendment 1 was adopted. [HB 203 was held over.]
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