Legislature(2011 - 2012)

04/08/2011 03:37 PM House RES


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             HB 113-STAMPEDE STATE RECREATION AREA                                                                          
                                                                                                                                
5:08:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE announced  that the final order  of business would                                                               
be  HOUSE BILL  NO.  113,  "An Act  creating  the Stampede  State                                                               
Recreation Area."                                                                                                               
                                                                                                                                
5:08:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAVID   GUTTENBERG,  Alaska   State  Legislature,                                                               
referred  to a  map provided  in the  committee members'  packets                                                               
that  identifies  the location  of  the  proposed Stampede  State                                                               
Recreation Area.                                                                                                                
                                                                                                                                
5:09:44 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 5:09 p.m. to 5:10 p.m.                                                                       
                                                                                                                                
5:10:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG  explained that HB 113  would establish                                                               
a state recreation area in  the Stampede Road corridor, northwest                                                               
of Healy and flanked on three  sides by the Denali National Park.                                                               
He described the land surrounding  the proposed recreational area                                                               
as federal  land.  The people  of the Denali Borough,  which this                                                               
is part of, have decided to  take control and create a recreation                                                               
area to  allow for traditional  activities, ranging  from walking                                                               
to  operating  monster trucks.    He  explained that  the  Alaska                                                               
Supreme  Court made  the  Denali Borough  part  of the  Fairbanks                                                               
legislature district during legislative redistricting.                                                                          
                                                                                                                                
5:11:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG offered  his  belief  that the  Denali                                                               
Borough  was created  to  prevent  the Matanuska-Susitna  Borough                                                               
from extending  north and the  Fairbanks North Star  Borough from                                                               
extending south.   The Denali  Borough decided to turn  this area                                                               
into a  recreational area and  wishes to allow  traditional uses.                                                               
New  trails  cannot  be  put  into  place  without  undergoing  a                                                               
planning  process, he  said.   He  characterized  the process  of                                                               
creating  the recreational  area  as an  inclusive  process.   He                                                               
reiterated that  the proposed Stampede Recreation  Area would not                                                               
exclude any  customary uses  and he commended  the people  in his                                                               
district for doing a good job.                                                                                                  
                                                                                                                                
5:14:02 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE inquired  as  to whether  the  land is  currently                                                               
state land.                                                                                                                     
                                                                                                                                
REPRESENTATIVE GUTTENBERG answered yes.                                                                                         
                                                                                                                                
CO-CHAIR  FEIGE asked  what for  the advantage  to designate  the                                                               
land as a recreation area.                                                                                                      
                                                                                                                                
REPRESENTATIVE  GUTTENBERG answered  it puts  into place  that an                                                               
advisory  board  will  decide  what would  be  allowable  in  the                                                               
proposed recreation area.                                                                                                       
                                                                                                                                
5:14:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON asked  him  to  describe the  planning                                                               
process and what it would entail.                                                                                               
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  responded  that  the  Denali  Borough                                                               
would consider any new activities  in the proposed Stampede State                                                               
Recreation  Area such  as whether  to build  a new  trail, add  a                                                               
parking lot with picnic tables,  or other recreational activities                                                               
that cannot occur  on state land without  undergoing the planning                                                               
process.                                                                                                                        
                                                                                                                                
5:15:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON related  her understanding that the land                                                               
is  surrounded  by federal  land.    She  asked for  the  current                                                               
designation of the proposed land.                                                                                               
                                                                                                                                
REPRESENTATIVE  GUTTENBERG answered  that  the proposed  Stampede                                                               
State Recreation Area  is state land surrounded  by federal land.                                                               
In  further response  to Representative  P. Wilson,  he indicated                                                               
that the state land is currently without any designation.                                                                       
                                                                                                                                
5:15:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ  asked whether any current  applications for                                                               
land use are underway.                                                                                                          
                                                                                                                                
REPRESENTATIVE GUTTENBERG  answered yes.   He explained  that the                                                               
Usibelli Coal  Mine, Inc. has some  has some gas leases  that may                                                               
touch the northern  boundary, although these leases  do not cross                                                               
the national park.                                                                                                              
                                                                                                                                
5:16:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ  inquired as  to whether the  designation of                                                               
the  proposed  state recreation  area  would  affect any  of  the                                                               
applications.                                                                                                                   
                                                                                                                                
REPRESENTATIVE GUTTENBERG answered he did not think so.                                                                         
                                                                                                                                
5:17:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MUNOZ  again   asked   whether   any  land   use                                                               
applications would  affect the proposed  site and how  this bill,                                                               
if passed, would affect land use.                                                                                               
                                                                                                                                
BEN ELLIS, Director, Central Office,  Division of Parks & Outdoor                                                               
Recreation,  answered that  limited  data is  available, but  the                                                               
department believes some gas potential  may exist.  He offered to                                                               
have  someone   else  from  the  department   provide  additional                                                               
information.                                                                                                                    
                                                                                                                                
5:18:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK  referred to  a letter  from Steve  Borell of                                                               
Alaska Miners  Association opposing the  designation.  He  read a                                                               
portion of the letter, including  the state has 8.5 million acres                                                               
designated as parks,  refuges, and other land  closed to multiple                                                               
uses.   He  asked the  legislature  to not  block any  additional                                                               
state lands.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG understood  the  letter  was one  just                                                               
received.                                                                                                                       
                                                                                                                                
5:18:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK asked for further clarification.                                                                            
                                                                                                                                
REPRESENTATIVE GUTTENBERG  answered the letter goes  right to the                                                               
point  that the  proposed  designation of  the proposed  Stampede                                                               
State  Recreation Area  would not  preclude  anything, but  would                                                               
allow for a planning process for  the area.  He acknowledged some                                                               
gas potential  may exist  in the area,  plus the  Usibelli leases                                                               
dip into the area.   He explained that the intent  is not to lock                                                               
up any land,  but to establish a planning process  to decide what                                                               
could happen  in the area.   He did not think  anything was being                                                               
precluded.   He offered his  view that  the people in  the Denali                                                               
Borough  are as  open to  economic  development.   He agreed  the                                                               
question raised is  a good question to ask, but  he maintained no                                                               
activity would be precluded from planning.                                                                                      
                                                                                                                                
5:20:15 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON said  he was not familiar with  the restraints of                                                               
the planning process in a state  recreation area.  He inquired as                                                               
to whether such a designation would  limit oil and gas and mining                                                               
activities.                                                                                                                     
                                                                                                                                
MR. ELLIS answered  that he did not think so,  but there could be                                                               
exceptions.   He offered  to research  this and  get back  to the                                                               
committee.                                                                                                                      
                                                                                                                                
CO-CHAIR SEATON requested  an answer be sent to  the committee in                                                               
writing.                                                                                                                        
                                                                                                                                
5:21:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI  referred to Section  1 of HB  113, which                                                               
discusses the  purpose of the proposed  Stampede State Recreation                                                               
Area.  The  second part of the bill deals  with incompatible uses                                                               
and  seems to  say that  if the  uses are  incompatible with  the                                                               
primary purposes  of the recreation area  that it would be  up to                                                               
the ADF&G to  determine what would be allowed.   The bill goes on                                                               
to outline  what the commissioner  cannot restrict.   He inquired                                                               
as  to  whether  language  could  be  added  that  firms  up  the                                                               
commissioner  cannot restrict  natural resource  development such                                                               
as  the oil  and gas  development outlined  in the  Alaska Miners                                                               
Association letter.                                                                                                             
                                                                                                                                
                                                                                                                                
REPRESENTATIVE GUTTENBERG offered his  belief the letter from the                                                               
Alaska  Miners  Association  made   some  big  assumptions.    He                                                               
reported that currently there is  not any active exploration.  He                                                               
understood leases to the north of  the area have some oil and gas                                                               
activity.   He explained that  some people in the  Denali Borough                                                               
would  like   restrictions  and  a  significant   number  of  the                                                               
residents do  not want restrictions.   These  residents recognize                                                               
any gas activity  could enhance their economic ability.   At this                                                               
time there  are not any  inholders in this  area.  The  land does                                                               
not  contain timber,  but consists  of high  alpine country.   He                                                               
indicated  that as  sponsor  of  HB 113,  he  did  not object  to                                                               
ensuring oil and gas activity would not be restricted.                                                                          
                                                                                                                                
5:23:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI asked  whether  transiting the  proposed                                                               
Stampede State  Recreation Area would be  considered a compatible                                                               
use in the event that potential  oil and gas leases were adjacent                                                               
to the area, but required crossing the proposed recreation land.                                                                
                                                                                                                                
REPRESENTATIVE   GUTTENBERG  answered   that  if   oil  and   gas                                                               
facilities  existed, access  would be  by roads  directly to  the                                                               
east on  state or  borough land  or else  the parties  would need                                                               
permitting from the National Park Service (NPS).                                                                                
                                                                                                                                
5:24:38 PM                                                                                                                    
                                                                                                                                
ROGER  HEALY,  Director/Chief  Engineer,  Division  of  Statewide                                                               
Design  & Engineering  Services, Department  of Transportation  &                                                               
Public   Facilities  (DOT&PF)   referred   to  the   department's                                                               
testimony  during the  26th legislature  on a  similar bill.   He                                                               
said  the  DOT&PF  recommends  reservation   of  a  corridor  not                                                               
currently  included in  the  proposed  Stampede State  Recreation                                                               
Area bill  for future transportation and  utility infrastructure.                                                               
This corridor  would not consist of  an easement, but would  be a                                                               
reservation of a  corridor for rights-of-way purposes.   Based on                                                               
lack  of   survey  and   resource  information,   the  department                                                               
recommends a  corridor 1,000 feet  wide, 500 feet on  either side                                                               
of the  centerline of the  existing R.S. 2477 route,  running the                                                               
length of the route and  connecting to existing infrastructure on                                                               
the east  end.   He reported  that the DOT&PF  does not  have any                                                               
immediate  plans  for  transportation  infrastructure  along  the                                                               
corridor and  it also  does not  anticipate any  long-term plans.                                                               
However,  the DOT&PF  still recommends  corridor reservation  for                                                               
transportation, and  utility infrastructure would  provide future                                                               
Alaskans   with  the   opportunity  for   transportation,  energy                                                               
resource,  and recreation  that  may develop  over  time that  is                                                               
currently unknown.  Additionally,  it would also provide Alaskans                                                               
an  opportunity  to  enhance recreational  opportunities  in  the                                                               
proposed recreation area that cannot be seen or predicted today.                                                                
                                                                                                                                
5:26:26 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  indicated the map  in members' packets  does not                                                               
show the  R.S. 2477  trail.   He asked  for clarification  on the                                                               
location, in general terms, and whether it is a single trail.                                                                   
                                                                                                                                
MR.  HEALY responded  that  the R.S.  2477  trail basically  runs                                                               
along  the old  Stampede road  and generally  along the  northern                                                               
portion of the  proposed recreation area.  He  recalled the route                                                               
was  shown on  maps on  a similar  bill and  that is  what he  is                                                               
looking at today.                                                                                                               
                                                                                                                                
CO-CHAIR SEATON related his understanding  the R.S. 2477 trail is                                                               
located in the upper quadrant of the map.                                                                                       
                                                                                                                                
MR. HEALY answered that he is correct.                                                                                          
                                                                                                                                
5:28:11 PM                                                                                                                    
                                                                                                                                
HANNAH RAGLAND,  Friends of Stampede, stated  local residents via                                                               
the  assembly initiated  the process  for  the proposed  Stampede                                                               
State Recreation  Area in  2006.  Since  October 2010,  the local                                                               
residents  created an  informal group  to support  the recreation                                                               
area and  other local issues.   She reported that over  50 people                                                               
have attended meetings  and over 70 local people are  on their e-                                                               
mail list.   She reported  that the group has  received statewide                                                               
support  and little  or no  opposition.   She explained  that the                                                               
area is  a pretty special  place that has historically  been used                                                               
for recreation.   It has  seen more and more  use, as well  as an                                                               
increase in search and rescues  as people try to find Christopher                                                               
McCandless's bus.   She recalled  a Swiss resident  drowned while                                                               
crossing a river  in the area last summer.   She pointed out that                                                               
public safety issues will need  to be addressed by establishing a                                                               
recreation area.  She concluded  by reiterating local support for                                                               
the bill.  She encouraged members to pass HB 113.                                                                               
                                                                                                                                
5:30:27 PM                                                                                                                    
                                                                                                                                
JON  NIERENBERG, Lodge  Owner, said  he  has resided  at Mile  4,                                                               
Stampede Road in Healy since 1983.   He has lived for 13 years on                                                               
a remote  homestead, building his  home and business  on Stampede                                                               
Road in  1996.  He and  his wife own and  operate EarthSong Lodge                                                               
and several  other tourism businesses  year round.   The proposed                                                               
Stampede  State   Recreation  area  would  directly   impact  his                                                               
personal and professional life.  He  asked to place on the record                                                               
that he  supports the proposal and  all the goals of  the Friends                                                               
of Stampede  local advocacy group  and Denali  Citizen's Council.                                                               
He  said his  commercial  operations relies  100  percent on  the                                                               
scenic  and  recreational  values the  proposed  recreation  area                                                               
would protect  and guarantee.   He  reported that  their visitors                                                               
come from all  over the country and world,  including visitors to                                                               
the Denali National Park who stay  at his lodge as an alternative                                                               
to   the  commercial,   overdeveloped  establishments   near  the                                                               
national park entrance.  Visitors  spend time at the lodge, hike,                                                               
and berry pick  along the road, and some hike  the Stampede trail                                                               
out to the bus from the film Into the Wild on the Sushana River.                                                              
                                                                                                                                
5:32:03 PM                                                                                                                    
                                                                                                                                
MR. NIERENBERG related that his  winter guests seek an authentic,                                                               
natural  wilderness dogsled  experience.   He holds  a concession                                                               
for guiding  in Denali National  Park, which is  accessed through                                                               
the  Stampede  corridor, the  Wolf  townships,  and the  proposed                                                               
Stampede State Recreation  Area.  He predicted  that the proposed                                                               
Stampede  State  Recreation  Area would  guarantee  all  tourist-                                                               
related businesses  some measure of security  against conflicting                                                               
development and  other activities.   He  predicted the  future of                                                               
this area lies  in tourism and recreation for  visitors and local                                                               
Alaskans.   He  said  he came  to the  area  for its  spectacular                                                               
recreational resources.                                                                                                         
                                                                                                                                
5:33:09 PM                                                                                                                    
                                                                                                                                
MR. NIERENBERG reported in addition  to a few other inholdings in                                                               
the Stampede State  Recreation Area, that his  homestead would be                                                               
an  inholding in  the proposed  recreational area.   However,  he                                                               
still  supports the  designation of  the proposed  Stampede State                                                               
Recreation area.   He offered  his belief that too  few protected                                                               
lands are available for current  traditional uses.  He envisioned                                                               
a land unit  that would continue to allow  for diverse activities                                                               
for local  residents.   He said that  protecting this  area would                                                               
demonstrate the legislature's  commitment to proactively guarding                                                               
the  local resident's  way of  life.   He urged  members to  move                                                               
forward with  creation of the  Stampede State Recreation  Area to                                                               
better serve the  residents of Healy, all  Alaskans, and visitors                                                               
from around the world.                                                                                                          
                                                                                                                                
5:34:36 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  referred to page 3,  lines 14-15 of HB  113.  He                                                               
related his  understanding that the  language indicates  that the                                                               
commissioner  shall minimize  additional infrastructure  in order                                                               
to maintain the natural character of  the area.  He asked whether                                                               
that would that limit the ability  of residents to plan.  He said                                                               
it  seems to  say that  the commissioner's  duty shall  not allow                                                               
activities  such  as a  natural  gas  line.    He asked  if  this                                                               
provision is essential to the bill.                                                                                             
                                                                                                                                
REPRESENTATIVE GUTTENBERG  responded that it has  always been the                                                               
intent  that in  situations like  that the  commissioner has  the                                                               
ability to  make exceptions.   He related his  understanding that                                                               
the commissioner  could allow for  natural gas  development under                                                               
the existing language.                                                                                                          
                                                                                                                                
5:36:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR   SEATON  asked   the  sponsor   to  confirm   with  the                                                               
commissioner whether  this specific  language would  restrict the                                                               
department  with respect  to approving  infrastructure.   He also                                                               
suggested that  the sponsor confirm his  constituent's intentions                                                               
with respect to removing infrastructure  decisions from the local                                                               
planning process.                                                                                                               
                                                                                                                                
REPRESENTATIVE GUTTENBERG agreed to do  so.  He noted he received                                                               
an e-mail  from his  constituents and  other testimony  was given                                                               
that  confirmed  his  understanding   that  the  local  residents                                                               
understood  the  commissioner would  have  the  ability to  allow                                                               
resource development to  happen.  He offered to  confirm this and                                                               
provide additional information to the committee.                                                                                
                                                                                                                                
5:37:43 PM                                                                                                                    
                                                                                                                                
[HB 113 was held over.]                                                                                                         

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