Legislature(2013 - 2014)BARNES 124
02/03/2014 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HB163 | |
| HB268 | |
| HB244 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 163 | TELECONFERENCED | |
| *+ | HB 268 | TELECONFERENCED | |
| *+ | HB 244 | TELECONFERENCED | |
HB 244-ADVISORY COMMISSION ON FEDERAL MGT AREAS
2:34:29 PM
CO-CHAIR SADDLER announced that the final order of business is
HOUSE BILL NO. 244, "An Act extending the termination date of
the Citizens' Advisory Commission on Federal Management Areas in
Alaska; and providing for an effective date."
The committee took a brief at-ease.
2:35:17 PM
REPRESENTATIVE WES KELLER, Alaska State Legislature, introduced
HB 244, stating it would extend the sunset date of the Citizens'
Advisory Commission on Federal Management Areas (CACFA) [from
June 30, 2014] to 2021. The Alaska Constitution talks about the
legislature providing for the use, conservation, and development
of the state's natural resources to the maximum benefit of the
people. This implies some rights that Alaskans have, such as
those defined by the statehood compact and federal laws like
Alaska Native Claims Settlement Act (ANCSA) and Alaska National
Interest Lands Conservation Act (ANILCA), as well as case law
that regularly happens and regulations that are ongoing. He
said CACFA exists to help Alaskans maintain the rights they have
been given. He drew attention to CACFA's 2013 Annual Report in
the committee packet, noting the topics that CACFA deals with
are listed on page 1, [second] paragraph, and the federal
agencies CACFA deals with are also listed on page 1. He
reported that CACFA held a summit on August 12-13, 2013, which
was attended by a couple hundred people, including the governor,
U.S. Senator Lisa Murkowski, U.S. Senator Mark Begich, and
Congressman Don Young. The summit's purpose was to gather
people to document the areas in which they saw the federal
government overreaching and stepping on the authority and
management responsibilities of the state. The response was
overwhelming and each presenter was also asked to offer a
proposal, which resulted in the document included at the end of
the annual report that gives all the recommendations brought
forward at the summit. This list is not yet done, he advised,
and a presentation will later be made to the legislature.
2:39:41 PM
REPRESENTATIVE KELLER said he believes CACFA is a strong
commission because of its high quality executive director, Mr.
Stan Leaphart. Displaying a copy of the Federal Register which
lists every regulation that comes out from the federal
government, he said Mr. Leaphart sorts through the federal
regulations that come out every year and brings those of concern
to CACFA's attention. However, not all of the changes, or
abuses, as he calls them, are brought up in the federal
register. For example, every year the National Park Service
comes up with a compendium, and it was found that the compendium
was overriding the state's fish and game management policies by
closing areas that the Alaska Department of Fish & Game had
chosen not to close. While that might have been the right thing
to do, the point is that it was being done unilaterally without
being published in the Federal Register and this is the sort of
thing that Mr. Leaphart catches, he said. Additionally, Mr.
Leaphart maintains a dialog with the National Park Service, as
well as the Department of Natural Resources. In addition to Mr.
Leaphart being top of the line, his staff person, Karrie
Improte, is also very capable, he opined. Representative Keller
said CACFA's commissioners are another reason for its strength:
Rod Arno, Senator John Coghill, Mark Fish, Teresa Hanson,
Charlie Lean, Mike Meekin, Kathleen Liska, Warren Olson, Ron
Somerville, Susan Smith, and Frank Woods.
2:46:16 PM
REPRESENTATIVE HAWKER thanked Representative Keller for
introducing the bill, saying the report is something he
appreciates and that CACFA's work stands on its own as far as
why the bill should be supported. He inquired, however, whether
there are any problems with the way the commission is
functioning or whether there are any reasons why CACFA should
not be reauthorized.
REPRESENTATIVE KELLER responded that he serves as CACFA's chair
and, while its commissioners may spar, there is such a common
thread of purpose that CACFA is a very healthy organization. If
anything, CACFA needs to be expanded because the executive
director is very overworked. While that is not part of the
proposal, he urged the committee to consider that.
2:48:14 PM
REPRESENTATIVE KELLER, responding to Representative Kawasaki,
said there is fiscal note. The cost to date, if there was an
audit, would be for travel and lodging for three meetings per
year. He said CACFA is still in the process of wisely spending
the governor's special funding from after the summit.
REPRESENTATIVE KAWASAKI asked why CACFA was disbanded in 1999.
REPRESENTATIVE KELLER deferred to executive director Leaphart
for an answer since he was involved before the disbanding.
REPRESENTATIVE KAWASAKI inquired whether the legislature or
governor has utilized any of the recommendations in the 2013
Annual Report.
REPRESENTATIVE KELLER replied "most definitely, it is ongoing."
For example, one role CACFA plays is interacting with the
different agencies, such as the Department of Law. This was
happening before the recommendation came out, such as working on
the state transportation plan.
CO-CHAIR SADDLER brought attention to page 21 of the report.
2:51:07 PM
CO-CHAIR SADDLER opened public testimony on HB 244.
RON SOMMERVILLE, Board Member, Citizens' Advisory Commission on
Federal Areas, advised that relative to the overreach issues, a
detailed report with more comprehensive recommendations is
forthcoming to the legislature. He maintained that when looking
at the state's entitlement, the state is losing. He related
that at the summit he asked how many people feel that the state
has a severe overreach problem, and every person but one agreed.
Not knowing how to address this issue is the problem, he opined.
Drawing attention to the Alaska map on the committee room wall,
Mr. Sommerville pointed out that much of it is colored green,
which represents federal ownership. Private Alaska citizens are
being overwhelmed with planning by federal agencies. An
organization he belongs to in Juneau used to comment on issues
relative to other parts of the state because they affected the
organization, but now that cannot be done because the
organization cannot even keep up with the [Tongass National
Forest] land use planning systems in Southeast Alaska. This
problem relates to CACFA because CACFA represents, in many
cases, an individual person who comes to it with a problem that
the agencies do not have the wherewithal to address. He
supported the continuing of CACFA.
2:54:21 PM
STAN LEAPHART, Executive Director, Citizens' Advisory Commission
on Federal Areas (CACFA), recalled that in 2012, CACFA reviewed
approximately 15,000 pages of management plans from 4 different
federal agencies. Next year CACFA is going to be looking at new
management plans for the Tongass National Forest, the Chugach
National Forest, the Central Yukon Planning Area, the Bering
Sea-Western Interior Resource Management Plan, plus revised
management plans for Gates of the Arctic National Park and
Preserve and Lake Clark National Park and Preserve. When
reviewing a management plan, CACFA looks at how the guarantees
and promises made in the Alaska National Interest Lands
Conservation Act (ANILCA) are being complied with. As time goes
by since the passing of ANILCA, the institutional memory and
knowledge of the federal agencies is disappearing. Thus, CACFA
is constantly reminding agencies that Alaskans are guaranteed
access into these huge management areas by means that are not
commonly used in the Lower 48. Also included in ANILCA were
considerations for cabin use and commercial fishing in these
areas, and CACFA must constantly remind federal agencies that
these uses need to be recognized and provided for in their
management plans. He related that CACFA talks to public user
groups to find out their concerns with respect to management of
these areas.
2:57:17 PM
REPRESENTATIVE KAWASAKI inquired what the state is doing as far
as the type of work that CACFA is doing.
MR. LEAPHART responded the state's ANILCA program looks at many
of these same management plans and regulatory proposals and
tends to focus on how a planning effort or regulation package
will affect state management prerogatives, while CACFA reaches
out to the public and user groups. He related that Mr. John
Sturgeon has brought suit against the National Park Service over
a set of regulations that allows the National Park Service to
regulate activities on any waters within the boundaries of a
national park. The Citizens' Advisory Commission on Federal
Areas spent several weeks researching the legislative history of
ANILCA to provide that background information to the Department
of Law. Thus, CACFA works well with state agencies and brings a
little bit of different perspective into that process.
REPRESENTATIVE KAWASAKI asked why CACFA was disbanded during the
time period of 1999-2007.
MR. LEAPHART responded he was hired in 1982 by the original
commission created in 1981 by Senator Bettye Fahrenkamp. He
worked as CACFA's director until it was defunded in June 1999
due to a state budget crisis. Like now, CACFA was attached to
the Department of Natural Resources (DNR) and it was DNR that
made the choice to eliminate CACFA due to its declining budget,
although CACFA's authorization continued until 2001.
3:00:08 PM
AL BARRETTE offered his support for CACFA, noting he is vice
chair of the Fairbanks Advisory Committee and also participates
in the federal subsistence boards. He said CACFA has been very
important in giving information to his organizations so they can
make informed comments and decisions to the Board of Game and
the federal subsistence arena. One federal document weighed 12
pounds, he said, and citizens were expected to read that to make
comments on it. He urged members to support HB 244, saying
CACFA board members are very well informed prior to their
meetings and CACFA is a useful resource.
3:01:47 PM
CO-CHAIR SADDLER closed public testimony after ascertaining no
one else wished to testify.
3:02:04 PM
REPRESENTATIVE P. WILSON moved to report HB 244 out of committee
with individual recommendations and the accompanying fiscal
notes.
REPRESENTATIVE SEATON objected for discussion purposes, pointing
out that passing HB 244 does not mean the committee supports all
the recommendations included in CACFA's 2013 Annual Report. He
then removed his objection.
REPRESENTATIVE JOHNSON said there is not much more the committee
will be doing that is more important than this. He reported he
is the incoming chair of the Council of State Governments (CSG)
West. The western states are terribly overburdened, he said,
and every state in the union is looking at doing something,
except Delaware which has no federal land. Many organizations
are tackling federal overreach. Alaska has the most to lose and
is the most ahead. He said re-implementing CACFA is critical
and he urges passage of HB 244.
REPRESENTATIVE KELLER clarified the 2013 Annual Report states
that it is a comprehensive report of the recommendations which
came forward from CACFA and the public. It is not intended that
the committee is approving any or all of the recommendations.
CO-CHAIR SADDLER stated he is impressed with the work of CACFA
and supports its mission. He said there is an unfair contest
between the state and the federal government, and CACFA helps to
balance that contest.
3:06:12 PM
There being no further objection, HB 244 was reported from the
House Resources Standing Committee.