Legislature(1995 - 1996)

03/27/1996 01:50 PM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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  SENATE BILL NO. 230                                                          
                                                                               
       An Act providing  that state land, water, and  land and                 
       water may  not  be  classified so  as  to  preclude  or                 
       restrict traditional  means of  access for  traditional                 
       recreational uses.                                                      
                                                                               
  Co-chairman Halford directed that  SB 230 be brought on  for                 
  discussion and directed attention to  a work draft committee                 
  substitute   (9-LS1538\R,   Luckhaupt,  3/26/96).     SENATE                 
  PRESIDENT  DRUE  PEARCE, sponsor  of  the  legislation, came                 
  before committee.   She  explained that  she introduced  the                 
  bill to protect the  right of Alaskans to access  state land                 
  and water for recreational use.                                              
                                                                               
  Several things, specific to Denali State Park, have occurred                 
  which led  to introduction.   The  state  division of  parks                 
  closed  Curry  Ridge  (a  traditional landing  area)  within                 
  Denali  State  Park  to  aircraft  use.   Further,  an  area                 
  adjacent to the park, containing Blair Lake, was transferred                 
  to the division  of parks by the  division of land under  an                 
  ILMA.  Since transfer,  the area has been managed  as though                 
  it was  part of the  park, and access  to the lake  has been                 
  closed as part of that management effort.                                    
                                                                               
  Sec. 1 of  the work draft adds a new section  to the list of                 
  department duties so  that the division will  be required to                 
  provide the legislature an annual  report on any designation                 
  of incompatible use that prohibits or restricts  traditional                 
  access.                                                                      
                                                                               
                                                                               
  Sec. 2 adds a further section to the list of duties required                 
  under  AS 41.21.020.   Language within the  new section says                 
  that the department may not manage, as special purpose  park                 
  land,  areas  that   are  not  inside  park   boundaries  as                 
  designated by  the legislature.   The new provisions  do not                 
  prohibit the division  of parks from operating  recreational                 
  sites, under present authority.                                              
                                                                               
  Sec. 3 adds slightly under 11  acres of land to the  Chilkat                 
  State Park.  This  provision was included in the  work draft                 
  at  the  request  of  the  department.   The  three  parcels                 
  involved were purchased by the department in the late 1970s.                 
  They  were  transferred  to park  management  using  an ILMA                 
  arrangement, but they  were never designated as  part of the                 
  park.  Since the legislature mandates  that land acquired by                 
  the  department be managed under the  more open statute, the                 
  department asked that the land  be added to the park.   This                 
  area has been managed as a park since purchase.                              
                                                                               
  Sec. 4  is specific  to Denali  State Park.    The park  was                 
  designated by the  legislature in  the late 1960s.   It  was                 
  extremely  remote  at the  time  and lacked  today's access.                 
  There is  no special management requirement  for traditional                 
  access in statutes designating the park.  Sec. 4 thus adds a                 
  description of  incompatible uses.   Language  requires that                 
  management  regulations provide  ample access for  sport and                 
  subsistence hunting.  Regulations must:                                      
                                                                               
       1.      Recognize  that  traditional   subsistence  and                 
  recreational        activities  include  the  use  of  small                 
                      outboard motors and snow machines.                       
                                                                               
       2.   Permit   reasonable   access   by   aircraft   for                 
  recreational        purposes.                                                
                                                                               
       3.   Provide ample access for recreational mining.                      
                                                                               
  Sec.  5  specifies  that  past  regulations  and regulations                 
  currently being promulgated for Denali  State Park will take                 
  effect only if  consistent with  provisions in the  proposed                 
  bill.    Regulations  that  are   not  consistent  would  be                 
  annulled.                                                                    
                                                                               
  Senator  Pearce  next addressed  a  new  fiscal  note.   She                 
  acknowledged there would be fiscal  impact stemming from the                 
  annual  report to  the legislature,  but she  said that  the                 
  entire Denali State Park master plan need  not be completely                 
  rewritten.   There  is thus no  need for  additional natural                 
  resource   officers  and   associated  costs.      The  four                 
  designations in  Sec. 4  are the  only things  that must  be                 
  changed within the master plan.                                              
                                                                               
  Co-chairman Halford referenced similar overreaching closures                 
                                                                               
                                                                               
  by the Dept.  of Fish and  Game and asked  if they had  also                 
  been  considered  when  the  proposed  bill  was  developed.                 
  Senator Pearce responded negatively.   She surmised that the                 
  situation  at  the  Dept.  of  Fish  and  Game  is  similar.                 
  Research relating to  the proposed  bill indicates that  the                 
  Dept.  of  Natural Resources  had  no specific  authority to                 
  effect closures.   The action was  taken because no one  has                 
  challenged it in the past.                                                   
                                                                               
  Brief discussion followed regarding  access by various types                 
  of aircraft (wheels, skiis, floats).                                         
                                                                               
  Senator Pearce attested  to department closure of  access to                 
  recreational areas to Alaskans in deference to an unfettered                 
  experience for visitors  to the  park.  Co-chairman  Halford                 
  voiced  his  understanding that  environmentalists testified                 
  that the situation was badly handled  in terms of the vested                 
  interest of the commercial operator versus other users.                      
                                                                               
  Co-chairman   Halford   further   voiced  frustration   over                 
  department closure  of lakes,  transferred to  the state  as                 
  navigable  waters,  to  float  plane   landings.    He  then                 
  suggested an  amendment  disallowing  that  practice  unless                 
  there is a  compelling public purpose.   Senator Pearce said                 
  she  would  have  no problem  with  the  amendment, but  she                 
  questioned whether it would fit  under Title 41--the subject                 
  of   the   proposed   bill.     Title   38   legislation  by                 
  Representative Masek was  noted as an alternative.   Senator                 
  Pearce said  she would also  be willing to  pursue questions                 
  raised by  Dept.  of Fish  and Game  closures.   Co-chairman                 
  Halford expressed a preference for movement of the bill,  at                 
  this time,  as long  as cited  areas could  be addressed  in                 
  Rules or on the Senate Floor.                                                
                                                                               
  Senator Rieger referenced  an amendment  which he  explained                 
  draws  a   distinction  between  park  service  action  that                 
  squeezes  out  traditional  access  at  historic  levels  as                 
  opposed  to  increasing  access  beyond  that  level.    The                 
  amendment would add "at the  level it has historically  been                 
  conducted"  to  language at  page 3,  line  15 and  line 21.                 
  Discussion  followed   regarding  definition  of   the  word                 
  "level."  Co-chairman Halford referenced allocation problems                 
  associated with limiting the number of users.  He noted that                 
  it is easier to limit activities that have not yet occurred.                 
                                                                               
                                                                               
  END:      SFC-96, #56, Side 1                                                
  BEGIN:    SFC-96, #56, Side 2                                                
                                                                               
  Senator Sharp voiced opposition to strengthening  department                 
  authority to  manage people.   Senator  Rieger withdrew  his                 
  amendment at this time.  Senator Sharp MOVED for adoption of                 
  CSSB  230 (Finance).  No objection  having been raised, CSSB
  230  (Finance) was ADOPTED.   Senator Rieger  then MOVED for                 
                                                                               
                                                                               
  adoption of his  amendment.   Senator Pearce voiced  concern                 
  that amendment  language would prohibit  commercial activity                 
  within park areas.  She clarified that the proposed bill was                 
  not intended to prohibit commercial operations.  It seeks to                 
  ensure that commercial activity is not given preference over                 
  access  for  Alaskans.   Senator  Rieger explained  that the                 
  amendment  applies  to language  dealing  with  actions that                 
  prohibit  or  restrict traditional  means.     He referenced                 
  competing motorized and  non-motorized activities in Chugach                 
  State Park and  explained that  the amendment would  provide                 
  direction  to  the  department to  maintain  the  status quo                 
  rather than  give preference  to one  over the  other.   Co-                 
  chairman Halford called  for a  show of hands.   The  motion                 
  failed on a vote of 2 to 4.                                                  
                                                                               
  Discussion followed regarding  regulations for Denali  State                 
  Park and Chugach State Park.  Senator Pearce  explained that                 
  when the  majority of  Alaska's parks  were designated,  the                 
  legislature did not specify uses  that would be incompatible                 
  because  recreational   areas  were  not   experiencing  the                 
  pressures  of  today.    She then  cited  AS  41.21.110 from                 
  statutes designating the Chilkat State Park:                                 
                                                                               
       The commissioner shall  designate, by  regulation,                      
       incompatible   uses   within  the   boundaries  in                      
       accordance with 41.21.110, and  those incompatible                      
       uses shall be prohibited or restricted as provided                      
       by regulation.   Nothing in  this section  affects                      
       the rights and uses of water and facilities in the                      
       city  of Haines located  within the  boundaries of                      
       this area.                                                              
                                                                               
  In designating this  more recent park, the  legislature made                 
  provisions  for  uses that  had to  be continued.   Language                 
  within 41.21.020 (the  general purposes  section for  parks)                 
  merely  says that  the "department  shall  adopt regulations                 
  governing  the use and  designating incompatible uses within                 
  the boundaries of state  parks."  There is no  definition of                 
  "incompatible  uses."  There  had been no  problem in Denali                 
  until recently.                                                              
                                                                               
  EDDY GRASSER, representing the Alaska  Outdoor Council, next                 
  came before committee in support of the bill.  He referenced                 
  a recent edition  of an Anchorage based  environmental group                 
  newsletter and noted  that it raises concern over  the "tiny                 
  amount of land in  Alaska that has been set aside  for . . .                 
  quiet recreation."  Mr. Grasser  stressed that two-thirds of                 
  Alaska has been set aside for  that type of recreation while                 
  other Alaskans have been restricted to "these types of areas                 
  along  the  road  system."   He  further  spoke  to lack  of                 
  vehicular access to many park areas.  Most  of Alaska is off                 
  limits to  "non-quiet" recreational purposes.   The proposed                 
  bill represents a balancing proposition.   Park lands belong                 
  to  all  Alaskans rather  than  to  a specific  group.   The                 
                                                                               
                                                                               
  proposed  bill  protects  traditional  activities  on  these                 
  lands.                                                                       
                                                                               
  DAN ELLIOT, representing the MatSu Citizens Advisory  Board,                 
  next testified via  teleconference from  Wasilla.  He  spoke                 
  against the  legislation, terming it  a "poor bill,  both in                 
  its  intent  and  also  in   its  imprecise  language,"  and                 
  suggested that it caters  to a lobbying effort.   Mr. Elliot                 
  explained   that  development  of   the  Denali  State  Park                 
  masterplan included the public, at all stages, over a number                 
  of  years.     The  plan  evolved  through   compromise  and                 
  consensus.  It protects the resource while accommodating all                 
  user  groups  and prepares  for  increased pressure  on park                 
  resources.  The proposed bill  negates the masterplan, takes                 
  management of the  park away from the  department, and vests                 
  control in the  legislature which  is reacting to  interests                 
  that seek to bypass the public process and masterplan.                       
                                                                               
  Mr. Elliot  noted that  the alpine  terrain of  Curry/Kesugi                 
  Ridge is recognized as a "unique, fragile, natural resource"                 
  recommended to be subject to restricted uses.  Vast areas of                 
  the  park  are  open to  snow  machines,  four-wheelers, and                 
  aircraft.    But  special  management  considerations   were                 
  recommended for Kesugi  Ridge to  provide both Alaskans  and                 
  visitors an areas free from motorized access.  The park plan                 
  attempts to accommodate all user groups.                                     
                                                                               
  Mr. Elliot cited the new Princess  Hotel, road access, and a                 
  number of other  activities as evidence of  increased use of                 
  the  area.     He  reiterated  that  lobbying   efforts  are                 
  attempting to bypass the exhaustive  public process that led                 
  to the masterplan.  The proposed  bill not only negates that                 
  process, it makes  no provisions for  a new masterplan.   It                 
  allows no provisions for  dealing with all user groups  in a                 
  compatible way.   It is  imprecise in defining  traditional,                 
  historical, popular use,  providing ample access, reasonable                 
  access, etc.  If  the legislature intends to take  over park                 
  management,  it  "better  get specific."    Most  activities                 
  listed  in  the  bill have  only  sporadically  occurred and                 
  increased demand has been fairly recent.  The proposed  bill                 
  ignores its  negative impact  on future  uses and  resulting                 
  incompatibilities.  Mr.  Elliot asked  that the  legislature                 
  not  supplant  the exhaustive  public  process and  place an                 
  unmanageable situation upon the Dept. of  Natural Resources.                 
                                                                               
                                                                               
  Senator Randy Phillips  noted that the bill  appears to have                 
  undergone major  transformations from the  original, dealing                 
  with Title 38, to  CSSB 230 (Res) which relates to Title 41.                 
  Senator  Pearce  acknowledged  that   it  changed  in   many                 
  respects.  Application changed from public lands statutes to                 
  public  resource statutes  when the  department pointed  out                 
  that attempting to place provisions within Title 38 would be                 
  "overkill" in terms of specific  park management.  Inclusion                 
                                                                               
                                                                               
  within  Title  38 would  have  led  to "a  number  of fairly                 
  unsurmountable problems in  . . . management  of other state                 
  lands."    Title  41  was  the  better  place  for  proposed                 
  language.   The drafter  made  the initial  decision to  use                 
  Title  38.    He  subsequently  agreed  that  Title  41  was                 
  preferable.                                                                  
                                                                               
  Co-chairman Halford queried members regarding disposition of                 
  the  bill.    He said  he  would  research  the question  of                 
  aircraft access on navigable waters.   Senator Rieger voiced                 
  concern over impact   on Chugach  State Park because of  the                 
  way  traditional  access  and activities  are  defined.   He                 
  suggested that  failure  of  his  amendment  and  subsequent                 
  passage of  the bill  would upset  a balance  in that  park.                 
  Senator Zharoff  raised concern relating to traditional uses                 
  and advised that he would work with the sponsor.                             
                                                                               
  Senator Sharp raised  a question  regarding ILMAs.   Senator                 
  Pearce explained that they  are "interagency land management                 
  agreements"  authorized  under Title 38 and  administered by                 
  the division of  land.  They  provide for land transfers  to                 
  all  agencies for  purposes such as  material sites  for the                 
  Dept.    of    Transportation    and   Public    Facilities,                 
  telecommunications  repeater  sites   for  the  division  of                 
  communications,  fire bases  for  the division  of forestry,                 
  etc.                                                                         
                                                                               
  In  response  to  a  further  question from  Senator  Sharp,                 
  Senator Pearce advised that ILMAs are not always adjacent to                 
  parks.    She  noted  the Chilkoot  Trail,  the  Eagle Trail                 
  Recreational  Site,   and  the  Sitka  Historical   Site  as                 
  examples.   These areas  have been  designated through  ILMA                 
  transfers, and the  division of parks manages  them as state                 
  recreational sites,  state  historical  sites,  etc.    This                 
  arrangement has provided  more land  to division  management                 
  than  the   legislature  has   designated.    However,   the                 
  legislature  set  up the  process  so the  state  could take                 
  advantage of such areas.                                                     
                                                                               
  Senator Sharp  MOVED for passage of CSSB  230 (Finance) with                 
  individual  recommendations  and accompanying  fiscal notes.                 
  No  objection  having been  raised,  CSSB 230  (Finance) was                 
  REPORTED OUT of committee with a $105.8 fiscal note from the                 
  Dept. of Natural  Resources.  Co-chairmen Halford  and Frank                 
  and Senator  Sharp signed  the committee report  with a  "do                 
  pass"  recommendation.    Senators   Rieger,  Phillips,  and                 
  Zharoff signed "no recommendation."                                          
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  Co-chairman  Halford  announced  that  the  committee  would                 
  continue discussion of  legislation listed on the  agenda at                 
  8:30 a.m. the  next morning.   The meeting was adjourned  at                 
  approximately 4:45 p.m.                                                      
                                                                               
                                                                               

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