Legislature(2009 - 2010)SENATE FINANCE 532

04/06/2010 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
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HB 162 SOUTHEAST STATE FOREST
Heard & Held
+ SB 208 DNR STUDY ON NATURAL GAS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 230 BUDGET: CAPITAL, SUPP. & OTHER APPROPS TELECONFERENCED
<Bill Hearing Postponed>
+ SB 203 COOK INLET GAS STORAGE FACILITIES TELECONFERENCED
<Bill Hearing Postponed>
HOUSE BILL NO. 162                                                                                                            
                                                                                                                                
     "An Act establishing the Southeast State Forest and                                                                        
     relating to the Southeast State Forest; and providing                                                                      
     for an effective date."                                                                                                    
                                                                                                                                
CHRIS MAISCH, DIRECTOR, DIVISION  OF FORESTRY, DEPARTMENT OF                                                                    
NATURAL   RESOURCES,   addressed    the   Senate   Committee                                                                    
Substitute  for  HB  162, which  establishes  the  Southeast                                                                    
State  Forest.  He said  he  would  go through  a  sectional                                                                    
analysis of the bill.                                                                                                           
                                                                                                                                
9:11:34 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  suggested  explaining  the  bill  so  the                                                                    
people  listening at  home could  understand it.  Mr. Maisch                                                                    
agreed to do so.                                                                                                                
                                                                                                                                
Mr. Maisch read the sectional analysis:                                                                                         
                                                                                                                                
     This bill would establish  a new Southeast State Forest                                                                    
     (SESF). The SESF would be  managed as part of the State                                                                    
     Forest  System under  AS  41.17.200.230.  Lands in  the                                                                    
     State  Forest would  continue to  be open  for multiple                                                                    
     uses,  including  wildlife   habitat  and  harvest  and                                                                    
     recreational activities.  The State  Forest designation                                                                    
     would  not   affect  the  Wrangell   Borough  municipal                                                                    
     entitlement,  nor   would  it  affect   calculation  of                                                                    
     entitlement  acreage   for  future   municipalities  in                                                                    
     southeast Alaska.                                                                                                          
                                                                                                                                
     Section 1 - Southeast State Forest                                                                                         
                                                                                                                              
     Legal descriptions. Section 1,  subsections (a) and (d)                                                                    
     provide  legal   descriptions  for  the  lands   to  be                                                                    
     designated  as  the   Southeast  State  Forest  (SESF).                                                                    
     Designated   lands   include    20   parcels   totaling                                                                    
     approximately  25,291 acres  (see chart)  on Prince  of                                                                    
     Wales,   Tuxekan,  Kosciusko,   Heceta,  Revilla,   and                                                                    
     Gravina  islands, and  on  the  mainland at  Crittenden                                                                    
     Creek.  These  parcels are  an  important  part of  the                                                                    
     state timber  base, but are  classified as  General Use                                                                    
     land, which  may be sold  in the  future. Legislatively                                                                    
     designating a State Forest would  ensure that some land                                                                    
     will remain available  for long-term forest management,                                                                    
     and  enable   thinning  to  increase   timber  volumes.                                                                    
     Designated lands exclude  areas identified as important                                                                    
     sites for future state land disposals.                                                                                     
                                                                                                                                
     Management    plan    and   transportation    corridor.                                                                    
     Subsection  (b) directs  DNR  to  prepare a  management                                                                    
     plan  for   the  Southeast   State  Forest.   Under  AS                                                                    
     41.17.230 a  management plan  is required  within three                                                                    
     years  after  a  State  Forest  is  established.  State                                                                    
     Forest  management  plans   must  consider  and  permit                                                                    
     multiple uses, include  recreation and tourism, mining,                                                                    
     use of  fish and wildlife, and  other traditional uses,                                                                    
     unless the Commissioner  issues a site-specific written                                                                    
     finding that  a use  in incompatible  with one  or more                                                                    
     other uses. Public, interagency,  and Board of Forestry                                                                    
     review is required prior to adoption of a State Forest                                                                     
     management plan. As in  other state forests, Subsection                                                                    
     (c)  states   that  the   DNR  Commissioner   may  also                                                                    
     establish  transportation  corridors within  the  State                                                                    
     Forest.                                                                                                                    
                                                                                                                                
     Municipal  entitlements. Subsection  (e) clarifies  the                                                                    
     relationship of the Southeast State  Forest to  current                                                                    
     and  potential  municipal entitlements.  State  Forests                                                                    
     can  affect  the  amount  of  land  a  municipality  is                                                                    
     entitled  to   select,  and  the  land   available  for                                                                    
     selection.  The  amount  of  land  a  municipality  may                                                                    
     select  is  based  on  the  maximum  total  acreage  of                                                                    
     vacant,  unappropriated, unreserved  (VUU) land  in the                                                                    
     borough boundaries  within two years after  the date of                                                                    
     incorporation (AS 29.65.030).  Municipal selections are                                                                    
     limited  to VUU  land. Land  classified as  General Use                                                                    
     land is VUU land, but State Forests are not.                                                                               
                                                                                                                                
     The  SESF is  designed to  have no  impact on  Wrangell                                                                    
     Borough  land  selections.  The  amount  of  land  that                                                                    
     Wrangell  Borough may  select is  already fixed  by its                                                                    
     date  of incorporation,  and this  bill specifies  that                                                                    
     the  Wrangell  Borough  may select  State  Forest  land                                                                    
     within the borough boundary. Three  parcels in the SESF                                                                    
     are within the Wrangell Borough boundary.                                                                                  
                                                                                                                                
     If new municipalities are  incorporated before June 30,                                                                    
     2019, the SESF will not  affect the amount of land that                                                                    
     they can  select. The bill specifies  that State Forest                                                                    
     lands that  were VUU land  before establishment  of the                                                                    
     State  Forest will  be included  in the  calculation of                                                                    
     the entitlement  acreage. However, parcels in  the SESF                                                                    
     may  not  be  selected. If  municipalities  form  after                                                                    
     2019,  the amount  and  location  of their  entitlement                                                                    
     would be based on the VUU land at that time.                                                                               
                                                                                                                                
     Section 2. Regulations. This  section authorizes DNR to                                                                  
     immediately adopt regulations to implement the bill.                                                                       
                                                                                                                                
     Section  3.  Effective   date  for  regulations.  Under                                                                  
     Section 3  the authority to adopt  regulations (Section                                                                    
     2) takes effect immediately.                                                                                               
                                                                                                                                
     Section 4.  Effective date for State  Forest. Section 4                                                                  
     provides for an effective date of July 1, 2008.                                                                            
                                                                                                                                
9:16:20 AM                                                                                                                    
                                                                                                                                
Mr.  Maisch   explained  the   process  of   developing  the                                                                    
legislation. It is a project that  has been in the works for                                                                    
about   four  years.   There  has   been  extensive   public                                                                    
involvement.                                                                                                                    
                                                                                                                                
Mr.  Maisch related  that  he has  spoken  at two  Southeast                                                                    
Conference  annual  meetings   about  the  legislation,  and                                                                    
Southeast Conference  has submitted a letter  of support. He                                                                    
also  reported  speaking  to  Tongass  Futures  on  numerous                                                                    
occasions.                                                                                                                      
                                                                                                                                
Mr.  Maisch  pointed out  that  the  Board of  Forestry  has                                                                    
discussed the  legislation. The Board is  comprised of eight                                                                    
members  who represent  Alaska  Native corporations,  forest                                                                    
industry      trade      associations,      non-governmental                                                                    
organizations, a professional  forester, a professional fish                                                                    
and wildlife biologist, a  mining organization, a commercial                                                                    
fish organization,  a recreation seat, and  an environmental                                                                    
organization. He  referred to a  letter of support  from the                                                                    
Board. He also  listed letters of support  from the Resource                                                                    
Development Council, the Society  of American Foresters, the                                                                    
City of Wrangell, Community of  Coffman Cove, and the Alaska                                                                    
Forest Association.                                                                                                             
                                                                                                                                
Mr. Maisch  said the department  has discussed  the proposal                                                                    
in numerous forums throughout the state.                                                                                        
                                                                                                                                
9:18:29 AM                                                                                                                    
                                                                                                                                
Senator Thomas  asked if the  RS 2477 trails  are preserved.                                                                    
Mr.  Maisch   reported  that  they  were.   Access  will  be                                                                    
maintained.                                                                                                                     
                                                                                                                                
Senator Olson inquired about an  additional selection by the                                                                    
Wrangell Borough.  Mr. Maisch reported on  negotiations with                                                                    
Wrangell  through the  Division of  Mining, Land,  and Water                                                                    
which led to a compromise  on the parcels selected. He noted                                                                    
a parcel  near Wrangell  that the borough  will select  as a                                                                    
part of their entitlement selection.                                                                                            
                                                                                                                                
Senator Olson  asked if Wrangell  was in favor of  the bill.                                                                    
Mr. Maisch reported a letter of support from Wrangell.                                                                          
                                                                                                                                
9:20:34 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman   noted  one  zero  fiscal   note  by  the                                                                    
Department of Natural Resources.                                                                                                
                                                                                                                                
Co-Chair Stedman  asked if there  was any opposition  to the                                                                    
bill. Mr. Maisch addressed parcels  that were opposed; SEACC                                                                    
did not want  to see two parcels on Gravina  Island used for                                                                    
forest  management purposes,  and  there  was opposition  to                                                                    
Crittenden  Creek.  He said  the  two  parcels were  already                                                                    
owned by  the state  and had been  through an  area planning                                                                    
process  in Southeast  Alaska. There  were extensive  public                                                                    
meetings  and  the lands  were  established  as general  use                                                                    
lands in  the area plan with  intent to use them  for forest                                                                    
management.                                                                                                                     
                                                                                                                                
9:22:16 AM                                                                                                                    
                                                                                                                                
ERIN    MCLARNON,   BOARD    OF   FORESTRY,    WILLOW   (via                                                                    
teleconference), spoke in favor  of the bill. She emphasized                                                                    
that not  only will the  new state forest  provide long-term                                                                    
forest  management,   it  will  also   provide  recreational                                                                    
activities. As  a representative  of the Willow  Dog Mushers                                                                    
Association,  she appreciated  the  more accessible  trails.                                                                    
She shared  her personal  story and  listed reasons  why she                                                                    
supports  the creation  of state  forests. She  stressed the                                                                    
importance of the jobs the new state forest would provide.                                                                      
                                                                                                                                
9:24:38 AM                                                                                                                    
                                                                                                                                
CARL PORTMAN, DEPUTY  DIRECTOR, RESOURCE DEVELOPMENT COUNCIL                                                                    
(via  teleconference), testified  in support  of HB  162. He                                                                    
stated that with the establishment  of a new state forest in                                                                    
Southeast Alaska, the Division of  Forestry would be able to                                                                    
manage  state lands  for  a long-term  supply  of timber  to                                                                    
local processors and retain the  land in state ownership for                                                                    
multiple use.  The forest  would be managed  as part  of the                                                                    
state forest system.                                                                                                            
                                                                                                                                
9:26:28 AM                                                                                                                    
                                                                                                                                
DICK    COOSE,    RETIRED     FORESTER,    KETCHIKAN    (via                                                                    
teleconference), spoke in favor of  HB 162. He stated that a                                                                    
Southeast Forest  would maintain some semblance  of a forest                                                                    
industry while  practicing multiple-use management  on state                                                                    
lands. He  suggested obtaining  additional acreage  from the                                                                    
Tongass National  Forest and designating it  as state forest                                                                    
in order to build back what has been lost.                                                                                      
                                                                                                                                
9:28:17 AM                                                                                                                    
                                                                                                                                
HB  162  was  heard  and   HELD  in  Committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
RDC Support of HB 162.pdf SFIN 4/6/2010 9:00:00 AM
HB 162
HB 162 Sectional Analysis.pdf SFIN 4/6/2010 9:00:00 AM
HB 162
HB162SSE State Forest Briefing 1-24-10.pdf SFIN 4/6/2010 9:00:00 AM
HB 162
HB0162A.pdf SFIN 4/6/2010 9:00:00 AM
HB 162
HB162 SSE State Forest Map Packet 2-27-09.pdf SFIN 4/6/2010 9:00:00 AM
HB 162
HB162 SAF State Chapter Support Letter.pdf SFIN 4/6/2010 9:00:00 AM
HB 162
HB162 AFA Support Letter 2010.pdf SFIN 4/6/2010 9:00:00 AM
HB 162
AG briefing.pdf SFIN 4/6/2010 9:00:00 AM
SB 208
SB 208 Sponsor Statement.doc SFIN 4/6/2010 9:00:00 AM
SB 208
Cook Inlet Supply and Demand.pub SFIN 4/6/2010 9:00:00 AM
SB 208
Cook Inlet Forecast Chart (exerpt).pdf SFIN 4/6/2010 9:00:00 AM
SB 208
HB 162 Letters of support.pdf SFIN 4/6/2010 9:00:00 AM
HB 162