Legislature(2007 - 2008)BARNES 124

03/31/2008 01:00 PM House RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 01:30 pm Today --
+= SJR 17 OFFSHORE OIL & GAS REVENUE TELECONFERENCED
Moved Out of Committee
<Bill Hearing Rescheduled from 03/28/08>
+= SB 229 TANANA VALLEY FOREST/MINTO FLATS REFUGE TELECONFERENCED
Moved Out of Committee
<Bill Hearing Rescheduled from 03/28/08>
+ Bills Previously Heard/Scheduled TELECONFERENCED
SB 229-TANANA VALLEY FOREST/MINTO FLATS REFUGE                                                                                
                                                                                                                                
1:53:37 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON  announced that the next  order of business                                                                    
would  be SENATE  BILL  NO.  229, "An  Act  relating to  the                                                                    
Tanana  Valley State  Forest and  to  assignment of  certain                                                                    
forest  land  to the  Minto  Flats  State Game  Refuge;  and                                                                    
providing for an effective date."                                                                                               
                                                                                                                                
SENATOR JOE THOMAS, Alaska State Legislature, sponsor of SB
229, spoke from the following written sponsor statement                                                                         
[original punctuation provided]:                                                                                                
                                                                                                                                
     Senate  Bill 229  amends the  boundaries of  the Tanana                                                                    
     Valley State  Forest (TVSF) to correct  errors in legal                                                                    
     descriptions,  reflect  updated  land  status,  and  to                                                                    
     better  match the  management  intent  for the  Forest.                                                                    
     This   is  done   by  adding   and  deleting   boundary                                                                    
     references  to  the   legal  descriptions  in  statute.                                                                    
     These changes  result in  a net  increase to  the state                                                                    
     forest  of approximately  40,000  acres.   SB 229  also                                                                    
     moves approximately  4,300 acres from the  state to the                                                                    
     Minto Flats State Game Refuge.                                                                                             
                                                                                                                                
     In 1983  the Legislature  created the  1.8 million-acre                                                                    
     Tanana Valley  State Forest that stretches  from Manley                                                                    
     to  Tok.    The  forest   is  open  to  mining,  gravel                                                                    
     extraction,  oil and  gas leasing,  and  grazing.   The                                                                    
     Department  of  Natural  Resources  manages  the  state                                                                    
     forests for a sustained  yield of these resources, with                                                                    
     the   primary   purpose   of  timber   management   (AS                                                                    
     41.17.200).   The Bonanza Creek Experimental  Forest, a                                                                    
     12,400-acre  area dedicated  to  forestry research,  is                                                                    
     also located within the state forest.                                                                                      
                                                                                                                                
     State forests provide fish  and wildlife habitat, clean                                                                    
     water,  opportunities for  recreation and  tourism, and                                                                    
     minerals.    In addition  to  the  management of  these                                                                    
     resources, the  Tanana Valley State Forest  offers many                                                                    
     recreational opportunities  including hunting, fishing,                                                                    
     trapping, camping,  hiking, dog  mushing, cross-country                                                                    
     skiing,   wildlife   viewing,  snow   machining,   gold                                                                    
     panning, boating, and berry-picking.                                                                                       
                                                                                                                                
     In 1996,  the division updated the  Tanana Valley State                                                                    
     Forest  Management  Plan  and established  a  citizens'                                                                    
     advisory committee.   The 12-member  citizen's advisory                                                                    
     committee,  representing  a  variety  of  state  forest                                                                    
     users, actively participates in  forest planning in the                                                                    
     Tanana   Basin.     This   entity   has  endorsed   the                                                                    
     recommendations  on management  of the  forest and  has                                                                    
     carefully  crafted   the  changes  in  a   manner  that                                                                    
     resulted  in support  from al  affected land  users and                                                                    
     owners.                                                                                                                    
                                                                                                                                
     SB  229  is  supported   by  the  Alaska  State  Forest                                                                    
     Association,   the   Fairbanks   Economic   Development                                                                    
     Corporation, hunting  and recreation groups as  well as                                                                    
     all surrounding land owners.                                                                                               
                                                                                                                                
     Please  join me  in  amending the  Tanana Valley  State                                                                    
     Forest  to better  align with  its original  intent and                                                                    
     support the passage of Senate Bill 229.                                                                                    
                                                                                                                                
1:56:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  inquired  whether  there  is  currently  a                                                               
permitting process or fee structure that would go into place.                                                                   
                                                                                                                                
SENATOR THOMAS responded no, this  is open land, unless there are                                                               
some  specific recreational  use areas  where there  are charges.                                                               
So, there are no fees.                                                                                                          
                                                                                                                                
SENATOR THOMAS, in response to  Co-Chair Johnson, reiterated that                                                               
SB 229 would result in a  40,000 acre [net] increase to the state                                                               
forest.  It  does not change any designations or  any uses of the                                                               
land other than  the part that is put into  the Minto Flats State                                                               
Game Refuge, and that is pretty much all open as well.                                                                          
                                                                                                                                
1:57:53 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON asked what happens to  the land and what type of                                                               
designation is the deleted land.                                                                                                
                                                                                                                                
MARTHA  FREEMAN,  Forest  Resources Program  Manager,  Director's                                                               
Office, Division  of Forestry,  Department of  Natural Resources,                                                               
explained that 4,000 acres would be  added to the refuge  and the                                                               
remaining lands  [300 acres]  would be  state public  domain land                                                               
managed under  the Tanana Basin  Area Plan.  The  designations on                                                               
most of these are for wildlife habitat and public recreation.                                                                   
                                                                                                                                
CO-CHAIR  JOHNSON   inquired  whether  this  would   exclude  any                                                               
traditional uses on  the land, such as hunting  and fishing, that                                                               
were previously allowed under state forest designation.                                                                         
                                                                                                                                
MS.  FREEMAN replied  that the  generally allowed  uses on  those                                                               
lands will not change.                                                                                                          
                                                                                                                                
1:59:05 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON opened public testimony.                                                                                       
                                                                                                                                
REPRESENTATIVE  EDGMON asked  what  the difference  is between  a                                                               
state forest and a state game refuge.                                                                                           
                                                                                                                                
MS. FREEMAN  answered that legislatively designated  state forest                                                               
keeps the  land in public  ownership so  it is not  available for                                                               
land disposal or sale to private  interests, but it can be leased                                                               
or permitted for other uses.   While managed for multiple use, it                                                               
is clear  that commercial  forest management is  part of  the use                                                               
for the state forest.                                                                                                           
                                                                                                                                
2:00:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   EDGMON   inquired    whether   these   different                                                               
categories in state  statute have a different  meaning under land                                                               
management plans.                                                                                                               
                                                                                                                                
MS.   FREEMAN  said   each  has   its  own   special  legislative                                                               
designation, so  first of  all the  legislature would  commit the                                                               
land to  a particular use.   When state forests  are established,                                                               
the Division of Forestry develops  a specific management plan for                                                               
each state forest.                                                                                                              
                                                                                                                                
REPRESENTATIVE  EDGMON surmised  the Tanana  Valley State  Forest                                                               
Management  Plan  would not  spill  over  into the  [Minto  Flats                                                               
State] Game Refuge.                                                                                                             
                                                                                                                                
MS.  FREEMAN responded  correct, there  is a  separate management                                                               
plan for the Minto Flats State Game Refuge.                                                                                     
                                                                                                                                
2:00:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  directed attention  to the  yellow blocks,                                                               
12A and  13B, on the  Tanana Valley State Forest  Management Plan                                                               
map.  What are the reasons  for changing those lands from a state                                                               
forest designation to undesignated, he asked.                                                                                   
                                                                                                                                
MS. FREEMAN said the three  parcels farthest to the southeast are                                                               
wetland  or muskeg  areas  without much  forest  potential.   The                                                               
fourth parcel  in the  northern end is  high elevation  land that                                                               
also does  not have much  forest potential.  Regarding  the other                                                               
areas, there was a drafting error  in the original bill where two                                                               
townships  were flipped  - originally  the  western township  was                                                               
supposed to  be included and  the eastern  township was not  - so                                                               
this corrects that error.                                                                                                       
                                                                                                                                
2:02:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  inquired  whether   any  of  the  deleted                                                               
parcels are being actively pursued for some other usage.                                                                        
                                                                                                                                
MS. FREEMAN replied no.  The  three parcels colored brown [on the                                                               
map] are  the ones that are  wetland and proposed to  be added to                                                               
the  Minto  Flats  State  Game   Refuge  and  they  do  not  have                                                               
commercial forestry  potential.   The other  parcel is  along the                                                               
Chatinika River  corridor and it  is intensively used  for public                                                               
recreation and already has many private inholdings.                                                                             
                                                                                                                                
2:02:46 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOHNSON  asked  whether  the  no-net-loss  of  wetlands                                                               
policy  will apply  to  removing these  wetlands  from the  state                                                               
forest.                                                                                                                         
                                                                                                                                
MS. FREEMAN  answered no, the  wetlands are still  being retained                                                               
in state  ownership and  there is no  development proposal.   So,                                                               
there is  no change to their  status in terms of  wetland banking                                                               
or mitigation.                                                                                                                  
                                                                                                                                
2:03:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON noted that  the parcel labeled 4B, proposed                                                               
for deletion from  the state forest, has a fairly  high usage and                                                               
some inholdings.   He understood the  rest of that area  could be                                                               
available for disposal  after it is out of the  state forest.  He                                                               
said he  wants to make sure  that any disposal of  those lands is                                                               
through a full  and open public process and  surmised there would                                                               
be no preferential ties.                                                                                                        
                                                                                                                                
MS. FREEMAN  said correct.   There is  no presumption  that these                                                               
parcels  are  available for  disposal.    In  fact, none  of  the                                                               
parcels  coming  out  of  the  state  forest  are  classified  as                                                               
settlement  lands, they  all  happen to  be  wildlife habitat  or                                                               
public recreation.                                                                                                              
                                                                                                                                
2:05:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES   inquired  whether  expansion   of  Alaska                                                               
Railroad spur lines  to military training sites  could affect any                                                               
of the areas in SB 229.                                                                                                         
                                                                                                                                
MS. FREEMAN  responded there is  potential for rail  extension to                                                               
improve the  access of  some state lands  in terms  of commercial                                                               
potential for  transporting timber resources.   However, she does                                                               
not  know that  it  goes  through any  of  the parcels  currently                                                               
proposed  for  a  change  in  status.   In  further  response  to                                                               
Representative  Roses, Ms.  Freeman affirmed  that the  change in                                                               
status would not  prevent the railroad from going  through any of                                                               
those  parcels.   The  legislation  that  establishes the  forest                                                               
makes it clear  that transportation is one of the  uses for which                                                               
it is established.                                                                                                              
                                                                                                                                
2:06:26 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON closed public  testimony after ascertaining that                                                               
no one else wished to testify.                                                                                                  
                                                                                                                                
CO-CHAIR  JOHNSON stated  he is  not  big on  creating more  park                                                               
lands and tying up resources, so  he does not have a problem with                                                               
SB 229 because it would not minimize development.                                                                               
                                                                                                                                
REPRESENTATIVE WILSON  moved to  report SB  229 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no objection,  SB 229 was reported out of the                                                               
House Resources Standing Committee.                                                                                             
                                                                                                                              

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