Legislature(2021 - 2022)BARNES 124

05/14/2021 01:00 PM RESOURCES

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Audio Topic
01:02:06 PM Start
01:03:08 PM SB101
01:25:17 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 101 ADVISORY COMMISSION ON FEDERAL MGT AREAS TELECONFERENCED
Moved CSSB 101(FIN) Out of Committee
-- Invited & Public Testimony --
+ SB 134 MASTER GUIDE-OUTFITTER REQUIREMENTS TELECONFERENCED
Scheduled but Not Heard
<Pending Referral>
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                          May 14, 2021                                                                                          
                           1:02 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
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