Legislature(2003 - 2004)

04/14/2004 01:34 PM Senate CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
           SB 132-MINTO FLATS GAME REFUGE & TOWNSITE                                                                        
                                                                                                                                
                                                                                                                                
CHAIR BERT STEDMAN  announced SB 132 to be  up for consideration.                                                               
He asked for a motion to  adopt the committee substitute (CS) for                                                               
discussion purposes.                                                                                                            
                                                                                                                                
SENATOR THOMAS WAGONER  made a motion to adopt \I  version CS for                                                               
SB  132  dated  4/6/04.  There  being no  objection,  it  was  so                                                               
ordered.                                                                                                                        
                                                                                                                                
CHAIR STEDMAN asked Senator Lincoln to introduce the bill.                                                                      
                                                                                                                                
SENATOR GEORGIANNA LINCOLN explained that  \I version of the bill                                                               
contains  several  changes,  the   largest  of  which  is  adding                                                               
language from AS 38.05.125 to the  bill beginning on page 2, line                                                               
16 rather than simply referring  to the section. The other change                                                               
was to add the legislative findings on page 1, line 7-11.                                                                       
                                                                                                                                
The bill would transfer about 32  acres of land, which is the Old                                                               
Minto  Village Site  to  the  Native village  of  Minto. The  old                                                               
village site was established in the  early 1900s, but in 1971 the                                                               
state  forced the  relocation because  of  flooding and  erosion.                                                               
Although the  village was moved  about 40 miles  north, villagers                                                               
continue  to use  the old  site  for camping  and other  cultural                                                               
activities. The  church, cemetery,  community hall and  store are                                                               
still  located  at  the  old site  and  the  Interior  Athabascan                                                               
Cultural Heritage Education  Institute holds a lease  on the site                                                               
until 2052 for a youth encampment.                                                                                              
                                                                                                                                
SENATOR LINCOLN advised that Chief  Andy Jimmy from Minto was on-                                                               
line to testify.  "It was Minto that wanted to  have the 32 acres                                                               
transferred  over  to  their  village so  they  would  have  some                                                               
control  over it  and to  be  able to  use it  as an  educational                                                               
site,"  she  said.  She  and  her  staff  have  worked  with  DNR                                                               
extensively and they are supportive of the transfer.                                                                            
                                                                                                                                
Finally,  she noted  that the  work  draft fiscal  note is  zero.                                                               
However, there will be a change  in the analysis section. It says                                                               
that DNR  will sell the  land, which is  not the case.  There was                                                               
never any  intent for  the land  to be sold  to the  village. The                                                               
land reverted  to DNR  and then  became part  of the  Minto Flats                                                               
State Game Refuge in 1988. Under  SB 132, the land will revert to                                                               
the Village of Minto.                                                                                                           
                                                                                                                                
SENATOR THOMAS  WAGONER asked whether  the land that  the village                                                               
was relocated to was a Native allotment or state land.                                                                          
                                                                                                                                
SENATOR LINCOLN replied they relocated to a Native allotment.                                                                   
                                                                                                                                
SENTOR  KIM ELTON  remarked  that  he was  surprised  at all  the                                                               
reservations  that the  state wanted  and questioned  whether the                                                               
state had  the same rights of  access delineated on page  2 prior                                                               
to the 1971 relocation.                                                                                                         
                                                                                                                                
SENATOR  LINCOLN said  the  state did  have  all those  easements                                                               
outlined on page 2 prior to  the 1971 relocation because the land                                                               
was an established town site and not a reservation.                                                                             
                                                                                                                                
CHAIR STEDMAN asked how far apart the two sites are.                                                                            
                                                                                                                                
SENATOR LINCOLN  said the  Village of Minto  is located  about 40                                                               
miles north of  Old Minto. Old Minto is only  accessible by river                                                               
while  the new  site is  accessible by  road and  looks out  over                                                               
Minto Flats. It's on a hillside and is in no danger of flooding.                                                                
                                                                                                                                
CHAIR STEDMAN opened public testimony.                                                                                          
                                                                                                                                
He  called a  brief  at-ease  at 1:45  pm  due to  teleconference                                                               
equipment  difficulty. The  difficulty  was not  resolved and  no                                                               
teleconference testimony could be taken.                                                                                        
                                                                                                                                
JANET BURLESON-BAXTER, legislative liaison  for DNR, said she was                                                               
available  to   answer  questions,  but  the   technical  experts                                                               
intended to participate via teleconference.                                                                                     
                                                                                                                                
She  affirmed  that the  language  on  page  2, (b)  is  standard                                                               
conveyance language and the word  "sell" in the draft fiscal note                                                               
should be changed to "convey."                                                                                                  
                                                                                                                                
CHAIR STEDMAN called  a brief at-ease at 1:51 pm  to check on the                                                               
teleconference equipment.                                                                                                       
                                                                                                                                
MATT  ROBUS director  of the  Division of  Wildlife Conservation,                                                               
Department of  Fish and Game  (ADF&G), said he was  available for                                                               
questions  and  advised  that  ADF&G  has  no  objection  to  the                                                               
proposal. There  is dual  agency management  of the  land because                                                               
ADF&G  is the  refuge manager  under the  refuge management  plan                                                               
while DNR  is the state's  land manager.  But in terms  of refuge                                                               
management, the transfer makes perfect sense.                                                                                   
                                                                                                                                
There   were   no   further    questions   or   testimony.   [The                                                               
teleconference equipment continued to give problems.]                                                                           
                                                                                                                                
SENATOR  WAGONER  made  a  motion  to  move  CSSB  132(CRA)  from                                                               
committee  with  individual  recommendation and  attached  fiscal                                                               
note. There being no objection, it was so ordered.                                                                              
                                                                                                                                
SENATOR ELTON  told the Chair  he assumed  that there would  be a                                                               
corrected fiscal note.                                                                                                          
                                                                                                                                
CHAIR STEDMAN  agreed saying it  would reflect conveyance  of the                                                               
land rather than sale of the land.                                                                                              

Document Name Date/Time Subjects