Legislature(2017 - 2018)BARNES 124

01/27/2017 01:00 PM RESOURCES

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as
Download Video part 1. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 6 JONESVILLE PUBLIC USE AREA TELECONFERENCED
Heard & Held
-- Public Testimony --
+ HJR 4 SUPPORT ANWR DEVELOPMENT; RELATED ISSUES TELECONFERENCED
Scheduled but Not Heard
-- Public Testimony --
+ HJR 5 ENDORSING ANWR LEASING; RELATED ISSUES TELECONFERENCED
Heard & Held
-- Public Testimony --
*+ HJR 6 SUPPORT ROAD: KING COVE & COLD BAY TELECONFERENCED
Moved CSHJR 6(RES) Out of Committee
-- Public Testimony --
               HB   6-JONESVILLE PUBLIC USE AREA                                                                            
                                                                                                                                
1:56:51 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOSEPHSON announced  that  the next  order of  business                                                               
would be  HOUSE BILL NO.  6, "An Act establishing  the Jonesville                                                               
Public Use Area."                                                                                                               
                                                                                                                                
1:57:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER,  speaking as  the sponsor,  informed the                                                               
committee HB 6 was written  to address problems that have existed                                                               
since 2009 or longer.  The  area of the Jonesville coal mines has                                                               
been  progressively deteriorating;  the  [Surface Mining  Control                                                               
and Reclamation  Act of  1977] provided  federal funds  for mines                                                               
that  did not  have accounts  or bonds  for reclamation,  such as                                                               
mines  in  operation  in  the  1930s  and  earlier.    After  the                                                               
Jonesville coal  mines closed in  the 1970s, millions  of dollars                                                               
in  reclamation  funds have  been  used  for roads,  recreational                                                               
vehicle  parking, and  to suppress  coal fires.   However,  after                                                               
roads and  parking were  provided, the  area grew  in popularity.                                                               
Public use also  grew due to the establishment of  the Knik River                                                               
Public  Use Area,  because  some  of its  former  users moved  to                                                               
Sutton  for activities.   He  opined  a management  plan for  the                                                               
Jonesville area was not anticipated,  thus many activities ensued                                                               
that the  state is  unable to  curtail.   Representative Rauscher                                                               
stated that  as more people  come to recreate, management  of the                                                               
area is needed  so that activities can coexist  safely to prevent                                                               
shooting  across  an  unmarked   trail  where  four-wheelers  are                                                               
riding,  or shooting  near homes.   Without  signage, people  are                                                               
unaware of  private property  and because that  is not  a healthy                                                               
situation  for homeowners,  local residents  contacted local  and                                                               
state representatives  for guidance.   Government representatives                                                               
advised   that   property    owners   should   organize,   gather                                                               
information,  and canvas  the communities  and user  groups.   He                                                               
referred  to documents  provided in  the committee  packet.   The                                                               
Sutton Community  Council formed  a committee that  contacted all                                                               
of the  users to ensure  that all  of the user  groups recognized                                                               
the problem.  The Department  of Natural Resources and the Alaska                                                               
State  Troopers also  provided guidance,  and it  was decided  to                                                               
model  a solution  after  the Knik  River Public  Use  Area.   No                                                               
government  money  was  spent  except   for  that  of  the  local                                                               
communities, and  a document was  produced that described  how to                                                               
achieve a  management plan for  the land, including  the enabling                                                               
legislative  agreement to  create  a  public use  area.   In  the                                                               
meantime,  a  person was  shot,  and  many other  accidents  have                                                               
happened in the  area.  Representative Rauscher  advised that the                                                               
community seeks to write a management plan which would be                                                                       
revised and/or adopted by the commissioner of the Department of                                                                 
Natural Resources, without cost to the state.                                                                                   
                                                                                                                                
2:06:29 PM                                                                                                                    
                                                                                                                                
DARRELL BREESE, staff, Representative George Rauscher, Alaska                                                                   
State Legislature, said Section 1 of the bill states the purpose                                                                
of creating the Jonesville Public Use Area and its goals:                                                                       
                                                                                                                                
    · year round public recreation for an area popular for                                                                      
       camping, hiking, skiing, and riding snow machines                                                                        
    · protect wildlife such as waterfowl, fish, and game                                                                        
    · provide full spectrum of public uses for motorized and                                                                    
       non-motorized recreation, ATVs, snow machines, mountain                                                                  
       bikes, horses, sled dogs                                                                                                 
    · allow continued access for mining and to private property                                                                 
                                                                                                                                
  MR. BREESE explained  that Section 2 deals  with management and                                                               
  after adopting the public use area  the process of developing a                                                               
  management  plan  begins with  public  hearings.     After  the                                                               
  community process  of drafting  the plan, the  commissioner [of                                                               
  DNR],  in consultation  with the  Alaska Department  of Fish  &                                                               
  Game, will adopt the plan.  On page 2, line 29, the bill allows                                                               
  the commissioner  to define  and restrict incompatible  uses to                                                               
  certain areas.   On page 3, line  6, the bill  defines what the                                                               
  commissioner   cannot  restrict,   including  lawful   hunting,                                                               
  fishing, trapping, the  use of weapons and  firearms, and other                                                               
  recreational opportunities.   Mr. Breese paraphrased  from HB 6                                                               
  on page 3, beginning on line 17, as follows:                                                                                  
                                                                                                                                
      (B)    include    all-terrain   vehicles,    aircraft,                                                                    
     watercraft,  snowmachining,  horseback riding,  hiking,                                                                    
     bicycling,   dog    sledding,   cross-country   skiing,                                                                    
     skijoring,   camping,   hunting,   fishing,   trapping,                                                                    
     wildlife  viewing, photography,  and, where  permitted,                                                                    
     rifle  and  pistol  ranges, parking  of  vehicles,  and                                                                    
     mineral exploration and mining; and                                                                                        
                                                                                                                                
  MR.  BREESE said  the  intent is  to  provide  access that  all                                                               
  Alaskans can enjoy.  On page 4, beginning at line 8, is a legal                                                               
  description of the boundary area which  is to be corrected by a                                                               
  forthcoming amendment.   On page 5,  beginning at line  17, the                                                               
  bill describes  enforcement authority  to that of  Alaska State                                                               
  Troopers.   On page 5, beginning  at line 21 and  continuing to                                                               
  page 6, line 2, other authority is held as follows:                                                                           
                                                                                                                                
     (1)  an employee  of the  department or  another person                                                                    
     authorized by  the commissioner;  (2) a  peace officer,                                                                    
     as that term  is defined in AS 01.10.060.  (b) A person                                                                    
     designated in  (a) of this section  may, when enforcing                                                                    
     the  provisions  of  AS  41.23.280  -  41.23.289  or  a                                                                    
     regulation adopted under AS  41.23.280 - 41.23.289, (1)                                                                    
     execute  a  warrant  or  other  process  issued  by  an                                                                    
     officer  or  court  of    competent  jurisdiction;  (2)                                                                    
     administer or take an  oath, affirmation, or affidavit;                                                                    
     and   (3)  issue  a  citation or  arrest  a person  who                                                                    
     violates a provision of   AS 41.23.280 - 41.23.289 or a                                                                    
     regulation adopted under AS  41.23.280 - 41.23.289. (c)                                                                    
     A  citation  issued  under (b)  of  this  section  must                                                                    
     comply with the provisions of AS 12.25.175 - 12.25.230                                                                     
                                                                                                                                
MR. BREESE  said the final  section describes penalties  that may                                                               
be imposed.                                                                                                                     
                                                                                                                                
CO-CHAIR  JOSEPHSON deferred  a question  related to  the penalty                                                               
portion to the next hearing of the bill.                                                                                        
                                                                                                                                
2:12:41 PM                                                                                                                    
                                                                                                                                
ED  FOGELS,  Deputy  Commissioner, Office  of  the  Commissioner,                                                               
Department  of Natural  Resources, agreed  that the  situation in                                                               
the Jonesville area  has been accurately described  by the bill's                                                               
sponsor.   The  department  has  special areas  of  which it  has                                                               
enforcement  authority and  active  management, but  it does  not                                                               
have the resources to exercise  active management of the majority                                                               
of state  land.   Situations develop,  such as  that of  the Knik                                                               
River Public Use  Area, where there were  significant issues, and                                                               
after a  similar bill  was passed,  the problem  was "essentially                                                               
solved."   He advised DNR does  not have objections to  the bill,                                                               
but he pointed  out that the Knik River Public  Use Area bill was                                                               
successful  because  it  attached  a  fiscal  note  granting  DNR                                                               
resources to  actively management the  area; however, HB  6 lacks                                                               
fiscal  resources.    The  department will  be  involved  in  the                                                               
creation  of the  management  plan  that may  be  adopted by  the                                                               
commissioner if it meets all  of the state's interests.  Although                                                               
DNR   does  not   have  staffing   for   active  management   and                                                               
enforcement,  he  said  the  department  is  very  interested  in                                                               
solving issues in this area.                                                                                                    
                                                                                                                                
2:15:25 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON announced HB 6 was held over.                                                                                
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
HB 006 sponsor statement 1.19.17.pdf HRES 1/27/2017 1:00:00 PM
bill
HB 6
yes
HB006 Hearing Request.pdf HRES 1/27/2017 1:00:00 PM
HB 6
yes
HB006 Supporting Document-ADN Article.pdf HRES 1/27/2017 1:00:00 PM
HB 6
HB006 Supporting Document-DNR Petition.pdf HRES 1/27/2017 1:00:00 PM
HB 6
yes
HB006 Supporting Document-Jonesville Action Plan.pdf HRES 1/27/2017 1:00:00 PM
HB 6
HB006 Supporting Document-KTUU Article.pdf HRES 1/27/2017 1:00:00 PM
HB 6
HB006 Supporting Document-Map of Area.pdf HRES 1/27/2017 1:00:00 PM
HB 6
HB006 Supporting Document-MSB Letter.pdf HRES 1/27/2017 1:00:00 PM
HB 6
HB006 Supporting Document-Sutton Resolution.pdf HRES 1/27/2017 1:00:00 PM
HB 6
HB006 ver D.pdf HRES 1/27/2017 1:00:00 PM
HB 6
HB006 Supporting Document-Frontiersman Editorial.pdf HRES 1/27/2017 1:00:00 PM
HB 6
HB006 Supporting Document-Lynne Woods letter.pdf HRES 1/27/2017 1:00:00 PM
HB 6
HB006 Fiscal Note DFG 1.21.17.pdf HRES 1/27/2017 1:00:00 PM
HB 6
HB006 Fiscal Note DPS 1.21.17.pdf HRES 1/27/2017 1:00:00 PM
HB 6
HB006 Fiscal Note DPS 2 1.21.17.pdf HRES 1/27/2017 1:00:00 PM
HB 6
HJR6 CS Work Draft Version D 1.23.17.pdf HRES 1/27/2017 1:00:00 PM
HJR 6
HJR6 Explanation of Changes--Version A to Version D 1.23.17.pdf HRES 1/27/2017 1:00:00 PM
HJR 6
HJR 5 Fiscal Note LAA.pdf HRES 1/27/2017 1:00:00 PM
HJR 5
HJR 5 - Supporting Document - Estimates of Undiscovered Oil and Gas Resources.pdf HRES 1/27/2017 1:00:00 PM
HJR 5
HJR 4 - Sponsor Statement 1 24 2016.pdf HRES 1/27/2017 1:00:00 PM
HJR 4
HJR 4 1 24 2016.pdf HRES 1/27/2017 1:00:00 PM
HJR 4
HJR 4 Supporting Documentation 1 24 2016.pdf HRES 1/27/2017 1:00:00 PM
HJR 4
HB006 Letter of Support 1.pdf HRES 1/27/2017 1:00:00 PM
HB 6
HJR004 Fiscal Note LAA.pdf HRES 1/27/2017 1:00:00 PM
HJR 4
HJR006 Fiscal Note LAA.pdf HRES 1/27/2017 1:00:00 PM
HJR 6
HJR 5 Opposition Document Campbell Webb Letter.pdf HRES 1/27/2017 1:00:00 PM
HJR 5
HB 006 MSB Assembly Jim Sykes Draft Resolution.pdf HRES 1/27/2017 1:00:00 PM
HB 6
HB 006 sponsor statement 1.19.17.pdf HRES 1/27/2017 1:00:00 PM
HB 6
HB006 Public Comment 1.pdf HRES 1/27/2017 1:00:00 PM
HB 6
HJR005 Public Comment 1.pdf HRES 1/27/2017 1:00:00 PM
HJR 5
HB006 Amendment D.1.pdf HRES 1/27/2017 1:00:00 PM
HB 006 rauscher Amendment 1.pdf HRES 1/27/2017 1:00:00 PM
HB 006 Rauscher amendment 3.pdf HRES 1/27/2017 1:00:00 PM