Legislature(2021 - 2022)BARNES 124
05/14/2021 01:00 PM House RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB101 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 101 | TELECONFERENCED | |
| + | SB 134 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
May 14, 2021
1:02 p.m.
MEMBERS PRESENT
Representative Josiah Patkotak, Chair
Representative Grier Hopkins, Vice Chair
Representative Zack Fields
Representative Calvin Schrage
Representative George Rauscher
Representative Mike Cronk
Representative Ronald Gillham
Representative Tom McKay
MEMBERS ABSENT
Representative Sara Hannan
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 101(FIN)
"An Act relating to the membership of the Citizens' Advisory
Commission on Federal Management Areas in Alaska; extending the
termination date of the Citizens' Advisory Commission on Federal
Management Areas in Alaska; and providing for an effective
date."
- MOVED CSSB 101(FIN) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 101
SHORT TITLE: ADVISORY COMMISSION ON FEDERAL MGT AREAS
SPONSOR(s): RESOURCES
03/05/21 (S) READ THE FIRST TIME - REFERRALS
03/05/21 (S) RES
03/29/21 (S) RES AT 3:30 PM BUTROVICH 205
03/29/21 (S) Heard & Held
03/29/21 (S) MINUTE(RES)
04/12/21 (S) RES AT 3:30 PM BUTROVICH 205
04/12/21 (S) Moved SB 101 Out of Committee
04/12/21 (S) MINUTE(RES)
04/16/21 (S) RES RPT 4DP 2NR 1AM
04/16/21 (S) DP: REVAK, MICCICHE, BISHOP, VON IMHOF
04/16/21 (S) NR: STEVENS, KIEHL
04/16/21 (S) AM: KAWASAKI
04/16/21 (S) RES RECOMMENDED A FINANCE COMMITTEE
REFERRAL
04/16/21 (S) FIN REFERRAL ADDED
04/20/21 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/20/21 (S) Heard & Held
04/20/21 (S) MINUTE(FIN)
04/27/21 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/27/21 (S) Moved CSSB 101(FIN) Out of Committee
04/27/21 (S) MINUTE(FIN)
04/28/21 (S) FIN RPT CS 5DP 1NR NEW TITLE
04/28/21 (S) DP: BISHOP, HOFFMAN, WILSON, OLSON, VON
IMHOF
04/28/21 (S) NR: WIELECHOWSKI
05/05/21 (S) TRANSMITTED TO (H)
05/05/21 (S) VERSION: CSSB 101(FIN)
05/06/21 (H) READ THE FIRST TIME - REFERRALS
05/06/21 (H) RES, FIN
05/14/21 (H) RES AT 1:00 PM BARNES 124
WITNESS REGISTER
SENATOR JOSH REVAK
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, introduced SB 101.
TINA CUNNING
Retired ANILCA Specialist
Anchorage, Alaska
POSITION STATEMENT: Provided invited testimony in support of SB
101.
KRIS CURTIS, Legislative Auditor
Legislative Audit Division
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided testimony in support of SB 101.
KYLE MOSELLE, Executive Director
Office of Project Management and Permitting
Department of Natural Resources
Juneau, Alaska
POSITION STATEMENT: Provided information and answered questions
during the hearing on SB 101.
ROD ARNO, Policy Director
Alaska Outdoor Council
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 101.
ACTION NARRATIVE
1:02:06 PM
CHAIR JOSIAH PATKOTAK called the House Resources Standing
Committee meeting to order at 1:02 p.m. Representatives McKay,
Fields, Cronk, Hopkins, Schrage, Gillham, Rauscher, and Patkotak
were present at the call to order.
SB 101-ADVISORY COMMISSION ON FEDERAL MGT AREAS
1:03:08 PM
CHAIR PATKOTAK announced that the only order of business would
be CS FOR SENATE BILL NO. 101(FIN), "An Act relating to the
membership of the Citizens' Advisory Commission on Federal
Management Areas in Alaska; extending the termination date of
the Citizens' Advisory Commission on Federal Management Areas in
Alaska; and providing for an effective date."
1:03:34 PM
SENATOR JOSH REVAK, Alaska State Legislature, as prime sponsor,
introduced CSSB 101(FIN), which he said would extend the sunset
date for the Citizens' Advisory Commission on Federal Management
Areas (CACFA) from June 30, 2021, to June 30, 2029. Established
in 1981, CACFA's mission is to help Alaskans navigate the
"unique and complex web" of regulations associated with the
Alaska National Interest Lands Conservation Act (ANILCA), the
Alaska Statehood Act, and the Alaska Native Claims Settlement
Act (ANCSA). He said the commission works with federal agencies
to ensure congressional intent is implemented. "As
institutional memory and expertise is lost," he said, "CACFA
serves as a vigilant and knowledgeable resource for Alaskans to
defend the land access rights and protections that we were
promised in federal law as stakeholders in the state." He
explained that CACFA assists individuals in navigating federal
permitting, is a resource for Alaskans wanting information on
their access rights under ANILCA, and considers, researches, and
holds hearings on the consistency with federal law, as well as
Congressional intent of management of federal land.
SENATOR REVAK explained that the changes to the original bill
version, proposed under CSSB 101(FIN) would require that at
least three of the governor's appointees to the commission be
representatives of the ANCSA corporations. He explained that
because ANCSA corporations are also large landowners in the
state and frequently handle land access issues, incorporating
their perspective into CACFA's considerations would be very
beneficial. He also noted that the CSSB 101(FIN) would restore
funding to CACFA to support one full-time position, which has
historically been an executive director, who is normally tasked
with compiling the work of the commission.
1:06:54 PM
CHAIR PATKOTAK asked about the fiscal note.
SENATOR REVAK replied that the original intent of the proposed
legislation was to extend CACFA. He said the Senate Finance
Committee decided that including an executive director position
with associated funding would be important.
1:07:53 PM
REPRESENTATIVE RAUSCHER asked how the fiscal note of $178,100
per year was derived and whether the funding would be
sufficient.
SENATOR REVAK offered his understanding that "this number was
the previous ... amount allocated" for travel costs and funding
a position. He noted that the Senate Finance Committee added
the fiscal note and that he could get more details if necessary.
REPRESENTATIVE RAUSCHER suggested consideration of increasing
the amount in the fiscal note.
SENATOR REVAK replied that, given the current budget restraints,
he believed the amount was appropriate.
1:09:26 PM
CHAIR PATKOTAK announced that the committee would hear invited
testimony.
1:09:35 PM
TINA CUNNING, Retired ANILCA Specialist, said that she worked in
a state ANILCA program for nearly 30 years, beginning at its
inception in 1981 and retiring in 2010. She expressed that the
governor, legislature, businesses, private citizens, and ANCSA
corporations worked to protect the economic and social
opportunities during the "dealmaking" of the four years
preceding the 1980 bipartisan passage of ANILCA. She said that
in 1981 there was concern that the deals leading to ANILCA would
be lost over time; therefore, CACFA was established to ensure
Alaskans were kept informed as ANILCA was being implemented and
to protect the use of public land as intended by Congress. She
characterized CACFA as being "invaluable" throughout her tenure
in working through the "red tape" to assist Alaskans in securing
commercial service permits for activities like air taxi
operations and sled dog tours.
MS. CUNNING expressed concern that the special provisions for
public use, as envisioned by the legislature and by U.S. Senator
Theodore Stevens, have been largely forgotten; therefore, she
said, CACFA is needed more than ever. To highlight this point,
she described an occasion in early 2021 during which federal
land management agencies published draft regulations that would
change the process for acquiring permits to cross federal land
in order to access non-federal land. The proposed process, she
said, would have directly impacted all adjacent landowners,
thereby impacting the ability of the ANCSA corporations, state,
municipalities, and others to use non-federal lands. Without
CACFA, she said, most of the landowners would not have been made
aware of the conflict between the proposed federal regulations
and the ANILCA process. She stressed the importance of access
to assistance in interpreting the regulations instead of relying
on a federal land manager who may not know the law. She praised
the wisdom of the leaders who worked to establish ANILCA and
noted that, without CACFA, many opportunities would be lost.
She stated her strong support for the reauthorization of CACFA
for the benefit of all Alaskans.
1:13:13 PM
KRIS CURTIS, Legislative Auditor, Legislative Audit Division,
Legislature Agencies and Offices, directed attention to the
document [included in the committee packet], titled "A Sunset
Review of the Department of Natural Resources, Citizens'
Advisory Commission on Federal Areas (CACFA)." She explained
that the purpose of the audit was to determine whether the
commission is serving the public's interest, and whether it
should be extended. She explained that CACFA is responsible for
identifying and reducing potential negative impacts on Alaska
and its citizens from federal actions on any of the over 200
million acres of federal land in the state. She noted that
funding for the commission was eliminated in 1999, reestablished
in 2007, and eliminated again in 2017. She stated that concerns
about federal overreach led to the initial reestablishment of
CACFA in 2007.
MS. CURTIS then directed the committee's attention to the report
conclusions, which began on page 7 of the document, and pointed
out that the current audit covers fiscal year 2015 (FY 15)
through FY 17. She explained that the audit found that,
beginning in FY 17, funding the commission has not been a
consistent priority for the legislature or the governor;
however, both entities have tried to fund it at different points
in time over the last five years. Overall, she said, the audit
concluded that from the date of the prior sunset audit through
FY 17, the commission operated effectively and did not
significantly duplicate the activities of another government
agency. She specified that the audit also concluded there is a
continuing public need for CACFA, and the Legislative Audit
Division recommends an eight-year extension.
MS. CURTIS explained that the audit found that while CACFA was
active, the executive director monitored the federal registers
for new information related to CACFA's mission; apprised the
commission on information relevant to its mission; and, if
deemed necessary, would send a comment letter on CACFA's behalf,
formally summarizing CACFA's concerns regarding changes to
regulations. She said that the commission sent 14 comment
letters to governmental agencies and congressional
subcommittees, and provided testimony 4 times, between February
2015 and August 2016. She noted that the audit found this
agency to be "very active," and it includes a response from the
commissioner of the Department of Natural Resources (DNR), who
agrees with the recommended eight-year extension. In response
to Chair Patkotak's earlier question regarding funding, she
directed attention to page 3 of the "Organization and Function"
section, which exhibits a chart showing similarities between the
fiscal note for CSSB 101(FIN) and the FY 16 operating budget,
which she clarified was the last year the commission was funded.
She noted the funding of executive director and natural resource
specialist positions.
1:18:01 PM
KYLE MOSELLE, Executive Director, Office of Project Management
and Permitting, Department of Natural Resources, explained that
he prepared the fiscal note for SB 101, which initially included
a zero fiscal note; CSSB 101(FIN) includes a fiscal note to
allow staffing, should the proposed legislation be adopted. He
said, "I used the funding that was estimated in the governor's
amended budget proposed for FY 21, which ultimately was not in
the approved budget for FY 21." He detailed the fiscal note as
accounting for $163,100 in general funds for personal services,
$5,200 in general funds for travel, $6,800 for services, and
$3,000 for commodities, with a total of $178,100. He said that,
while the budget for CACFA for FY 16 included an executive
director and a natural resource specialist, his idea is that
there would be one "large project coordinator" in the Office of
Project Management and Permitting (OPMP), who would be assigned
support for CACFA activities.
1:20:19 PM
CHAIR PATKOTAK asked Ms. Curtis to put on the record that there
were no significant concerns in the audit, based on the previous
sunset date.
MS. CURTIS said that the previous sunset audit had
recommendations regarding administrative tasks, which were
implemented. She stated that there currently is, effectively,
no commission, since a number of years has passed since CACFA
was defunded. She clarified that the current audit focused on
the [approximately] year and a half that the commission was
funded, found no issues, and found a continuing public need for
the commission.
1:21:17 PM
The committee took an at-ease from 1:21 p.m. to 1:22 p.m.
1:22:23 PM
CHAIR PATKOTAK opened public testimony on CSSB 101(FIN).
1:22:33 PM
ROD ARNO, Policy Director, Alaska Outdoor Council, stated that
the Alaska Outdoor Council "fully supports" the reauthorization
of CACFA. He added that he was a commissioner on CACFA until it
was defunded. He added, "The importance of CACFA to all
Alaskans, and particularly Alaskans who participate on federal
lands, whether it be rural Alaskans or folks who recreate and
hunt and fish on federal lands. This commission is extremely
important, and I hope you pass it out of committee, and we get
the reauthorization."
1:23:36 PM
CHAIR PATKOTAK, after ascertaining that no one else wished to
testify, closed public testimony on CSSB 101(RES).
1:24:06 PM
REPRESENTATIVE HOPKINS moved to report CSSB 101(FIN) out of
committee with individual recommendations and the accompanying
fiscal note.
1:24:22 PM
CHAIR PATKOTAK objected for purposes of discussion.
1:24:29 PM
CHAIR PATKOTAK removed his objection. There being no further
objection, CSSB 101(FIN) was reported out of the House Resources
Standing Committee.
1:25:17 PM
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 1:25 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 101 Sponsor Statement 5.6.2021.pdf |
HRES 5/14/2021 1:00:00 PM |
SB 101 |
| SB 101 Support DOC Newsminer Editorial 11.15.2020.pdf |
HRES 5/14/2021 1:00:00 PM SFIN 4/20/2021 9:00:00 AM SRES 3/29/2021 3:30:00 PM |
SB 101 |
| SB 101 White Paper Differneces ANILCA Program & CACFA.pdf |
HRES 5/14/2021 1:00:00 PM SFIN 4/20/2021 9:00:00 AM SRES 3/29/2021 3:30:00 PM |
SB 101 |
| SB 101 Letter of Support Stan Leaphart 3.28.21.pdf |
HRES 5/14/2021 1:00:00 PM SFIN 4/20/2021 9:00:00 AM SRES 3/29/2021 3:30:00 PM |
SB 101 |
| SB 101 Letter of Support SCI AK 3.28.21.pdf |
HRES 5/14/2021 1:00:00 PM SFIN 4/20/2021 9:00:00 AM SRES 3/29/2021 3:30:00 PM |
SB 101 |
| SB 101 Letter of Support Charlie Lean 3.28.21.pdf |
HRES 5/14/2021 1:00:00 PM SFIN 4/20/2021 9:00:00 AM SRES 3/29/2021 3:30:00 PM |
SB 101 |
| SB 101 LB&A CACFA Audit Report 4.8.2020.pdf |
HRES 5/14/2021 1:00:00 PM SFIN 4/20/2021 9:00:00 AM SRES 3/29/2021 3:30:00 PM |
SB 101 |
| SB 101 AOC Letter of Support 3.26.21.pdf |
HRES 5/14/2021 1:00:00 PM SFIN 4/20/2021 9:00:00 AM SRES 3/29/2021 3:30:00 PM |
SB 101 |
| SB101 Letter of Support CAP 4.2.21.pdf |
HRES 5/14/2021 1:00:00 PM SFIN 4/20/2021 9:00:00 AM SRES 3/29/2021 3:30:00 PM |
SB 101 |
| SB 101 Letter of Support AMA 4.12.21.pdf |
HRES 5/14/2021 1:00:00 PM SFIN 4/20/2021 9:00:00 AM SRES 4/12/2021 3:30:00 PM |
SB 101 |
| SB 101RDC support for SB 101 SFIN.pdf |
HRES 5/14/2021 1:00:00 PM SFIN 4/27/2021 9:00:00 AM |
SB 101 |
| SB 101 Support Leeter Mary Bishop 4.28.21.pdf |
HRES 5/14/2021 1:00:00 PM SRES 3/29/2021 3:30:00 PM |
SB 101 |