Legislature(2019 - 2020)SENATE FINANCE 532

03/17/2020 09:00 AM Senate FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 122 FUNTER BAY MARINE PARK: UNANGAN CEMETERY TELECONFERENCED
Heard & Held
-- Public Testimony --
**Please Note: All Public Testimony Will be via
Telephone Only. No In-Person Testimony.
From Juneau: 586-9085, Anchorage: 563-9085
Outside Juneau or Anchorage: 844-586-9085
Written Testimony Will be Accepted at:
finance.committee@akleg.gov
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 152 APPROP: OPERATING BUDGET/LOANS/FUNDS TELECONFERENCED
Heard & Held
+= SB 30 COLLEGE CREDIT FOR HIGH SCHOOL STUDENTS TELECONFERENCED
Moved CSSB 30(FIN) Out of Committee
+= SB 47 PHYSICAL/OCCUPATIONAL THERAPY BD/PRACTICE TELECONFERENCED
Moved CSSB 47(FIN) Out of Committee
+= SB 55 TEMP. APPOINTMENTS TO COURT OF APPEALS TELECONFERENCED
Moved CSSB 55(2d JUD) Out of Committee
+= SB 137 EXTEND BOARD OF PAROLE TELECONFERENCED
Moved SB 137 Out of Committee
+= SB 150 INTENSIVE MGMT SURCHARGE/REPEAL TERM DATE TELECONFERENCED
Moved SB 150 Out of Committee
HOUSE BILL NO. 122 am                                                                                                         
                                                                                                                                
     "An Act relating to the  Funter Bay marine park unit of                                                                    
     the state  park system;  relating to protection  of the                                                                    
     social  and  historical  significance  of  the  Unangax                                                                    
     cemetery located  in Funter Bay  and providing  for the                                                                    
     amendment  of the  management plan  for the  Funter Bay                                                                    
     marine  park  unit;  and  providing  for  an  effective                                                                    
     date."                                                                                                                     
                                                                                                                                
9:49:03 AM                                                                                                                    
                                                                                                                                
Co-Chair von Imhof  read the title of the  bill. She relayed                                                                    
that the committee was hearing the bill for the first time.                                                                     
                                                                                                                                
9:49:33 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:50:03 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
REPRESENTATIVE   SARA    HANNAN,   SPONSOR,    addressed   a                                                                    
presentation  entitled "HB  122  - FUNTER  BAY MARINE  PARK:                                                                    
UNANGAN CEMETARY" (copy on file).                                                                                               
                                                                                                                                
Representative Hannan showed slide 2, "HB 122 will":                                                                            
                                                                                                                                
     ? Provide protection of the  Unangan Cemetery in Funter                                                                    
     Bay for future generations;                                                                                                
     ?  Transfer cemetery  site  and  surrounding area  from                                                                    
     Division  of  Land  Mining  and   Water  (DNR)  to  the                                                                    
     Division of Parks and Recreation (DNR) - ;                                                                                 
     ? Transferred  land will become part  of, and continued                                                                    
     to be maintained  by, as part of the  Funter Bay Marine                                                                    
     Park.                                                                                                                      
                                                                                                                                
9:51:05 AM                                                                                                                    
                                                                                                                                
Representative Hannan turned to slide  3, which showed a map                                                                    
of Juneau and  the surrounding area. She  explained that the                                                                    
area of the  park was located on the  Mansfield Peninsula of                                                                    
Admiralty Island, which by air  was about 15 miles west. She                                                                    
explained that  the cemetary started  with World War  II. On                                                                    
June  3 and  4 of  1942,  the Japanese  attacked the  United                                                                    
States Naval  Base at Dutch  Harbor. On  June 7 and  June 8,                                                                    
the Japanese  invaded Kiska, where U.S.  Navy personnel were                                                                    
captured.  The  Japanese  also   invaded  Attu,  and  Native                                                                    
residents were  captured and retained  until the end  of the                                                                    
war.                                                                                                                            
                                                                                                                                
Representative Hannan  continued to  discuss the  history of                                                                    
the area. She cited that  by June 12, the commanding general                                                                    
for  Alaska had  issued orders  to begin  removing Alaskans,                                                                    
starting with  residents of St.  Paul and St. George  in the                                                                    
Pribilof  Islands.   The  military   was  ordered   to  burn                                                                    
dwellings  in advance  of  the  enemy's movement.  Villagers                                                                    
were forced to  evacuate on short notice. On  June 16, 1942,                                                                    
560 residents of  St. Paul and St. George  were evacuated by                                                                    
ship. The  villagers were  taken across  the Gulf  of Alaska                                                                    
and left  at an  abandoned cannery and  mine site  in Funter                                                                    
Bay.                                                                                                                            
                                                                                                                                
9:52:37 AM                                                                                                                    
                                                                                                                                
Representative Hannan looked at slide  6, which showed a map                                                                    
of Southeast Alaska  from Prince of Wales  Island to Juneau.                                                                    
She detailed  that there were additional  voyages from other                                                                    
villages and  a total of  six relocation camps. The  camp at                                                                    
Funter Bay had  the highest death rate. The  cannery had not                                                                    
been  operational for  a decade  before  the residents  were                                                                    
left there  and was not intended  for year-round occupation.                                                                    
She discussed the deplorable  conditions with limited access                                                                    
to  fresh  water, medicine,  and  food.  She continued  that                                                                    
there were technically  two camps in Funter  Bay that shared                                                                    
one cemetery.                                                                                                                   
                                                                                                                                
9:53:23 AM                                                                                                                    
                                                                                                                                
Representative  Hannan  reviewed  slide 5,  which  showed  a                                                                    
photograph of a grave and a photograph of building ruins:                                                                       
                                                                                                                                
     Old Bunk House used for housing (above).                                                                                   
                                                                                                                                
     Head stone of 18 month old child that died at camp                                                                         
     (left).                                                                                                                    
                                                                                                                                
Representative Hannan  discussed slide 6, which  also showed                                                                    
a map  of the area. She  explained that there were  30 known                                                                    
grave sites  in the  cemetery, but  it was  understood there                                                                    
were many unmarked graves. She  explained that the issue was                                                                    
78  years in  the  making, and  people  whose families  were                                                                    
buried there had been asking  for the protection of the land                                                                    
for decades.                                                                                                                    
                                                                                                                                
9:54:51 AM                                                                                                                    
                                                                                                                                
Representative Hannan explained  that other relocation camps                                                                    
in Southeast Alaska were located  closer to communities. The                                                                    
Killisnoo property  near Angoon  also had a  cemetery, which                                                                    
was on  private land. She  explained that concerns  had been                                                                    
escalated  when  seven  years   previously,  access  to  the                                                                    
Killisnoo cemetery  had been truncated  by the  new property                                                                    
owners.  Families of  relatives buried  in Funter  Bay asked                                                                    
for protections in order to  continue to visit gravesites in                                                                    
Funter Bay.                                                                                                                     
                                                                                                                                
Representative  Hannan  showed  slide 4,  which  showed  the                                                                    
state park that was created  by former Senator Frank Zharoff                                                                    
in 1983. The land was  a marine park that included tidelands                                                                    
and  uplands, but  was mostly  the protected  waterways. She                                                                    
pointed out the  delineation on the map,  and identified the                                                                    
cemetery. She explained that  the transfer would incorporate                                                                    
the remainder of the state  parcel that existed as an island                                                                    
between the two parklands that existed.                                                                                         
                                                                                                                                
9:55:45 AM                                                                                                                    
                                                                                                                                
Senator Wilson  asked if the  bill would close off  the area                                                                    
in question,  or if the  intent was for  cultural protection                                                                    
and upkeep of the area.                                                                                                         
                                                                                                                                
Representative Hannan explained that  the bill did not close                                                                    
off  the area,  nor was  there intent  to develop.  The bill                                                                    
would prevent development and the  sale for mining purposes.                                                                    
She  explained that  there was  currently no  development at                                                                    
the state park,  and most people that  visited stayed aboard                                                                    
vessels.  She described  that the  parcel with  the cemetery                                                                    
was a dark  and dreary swampy lowland and  was not typically                                                                    
used  for  hunting or  foraging.  The  lands were  not  well                                                                    
maintained, and the families  seeking the protection desired                                                                    
the land and public access be secured.                                                                                          
                                                                                                                                
9:57:18 AM                                                                                                                    
                                                                                                                                
Senator Olson  asked the sponsor  how the bill  would affect                                                                    
owners of private property in Funter Bay.                                                                                       
                                                                                                                                
Representative  Hannan specified  that  the  bill would  not                                                                    
change  any  private  property  land  holdings  nor  did  it                                                                    
restrict  access. The  parcel was  adjacent to  the property                                                                    
that was formerly the cannery.  She thought the property was                                                                    
owned by Reed Stoops, who  had submitted a letter of support                                                                    
for the  bill. There were  about six landowners in  front of                                                                    
the  cemetery,  and  the  other  large  stretch  of  private                                                                    
property was on  the opposite side of the bay  where the old                                                                    
mine was.  Private property rights  and access would  not be                                                                    
changed by the  park expansion, and the  properties were not                                                                    
in the parcel.                                                                                                                  
                                                                                                                                
9:58:23 AM                                                                                                                    
                                                                                                                                
Senator  Olson asked  if any  of the  adjacent private  land                                                                    
owners had voiced any objection to the bill.                                                                                    
                                                                                                                                
Representative Hannan answered in the negative.                                                                                 
                                                                                                                                
Co-Chair  von Imhof  asked if  the  private landowners  were                                                                    
free to  develop the  land surrounding  the cemetery  in any                                                                    
way that was desired.                                                                                                           
                                                                                                                                
Representative Hannan answered in the affirmative.                                                                              
                                                                                                                                
9:58:42 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman observed two islands  on the map on slide 4                                                                    
that looked as if they  were colored yellow for inclusion in                                                                    
the park  expansion. He  also asked  if there  were proposed                                                                    
changes to submerged lands.                                                                                                     
                                                                                                                                
Representative Hannan deferred the  question to the Division                                                                    
of Parks and Outdoor Recreation.                                                                                                
                                                                                                                                
Senator  Olson had  a question  about private  ownership. He                                                                    
thought   there  were   conditions  existing   when  private                                                                    
ownership was given.                                                                                                            
                                                                                                                                
9:59:44 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman   repeated  his  question   regarding  the                                                                    
islands shown  on the  map on  slide 4 -  one island  in the                                                                    
back of the  bay and a smaller island to  the west. He asked                                                                    
why the islands would be included in the park designation.                                                                      
                                                                                                                                
PRESTON  KROES,   SUPERINTENDENT,  DIVISION  OF   PARKS  AND                                                                    
OUTDOOR  RECREATION, DEPARTMENT  OF  NATURAL RESOURCES  (via                                                                    
teleconference), explained  that although the  yellow shaded                                                                    
area  on the  map showed  a  peninsula that  only became  an                                                                    
island at  an extremely  high tide.  The pensinsula  was all                                                                    
that remained  of the  Division of  Mining, Land,  and Water                                                                    
(DMLW) property.  The division had determined  that it would                                                                    
relinquish all  of the  parcel instead  of just  keeping the                                                                    
two  small islands,  which would  have  become a  management                                                                    
challenge.                                                                                                                      
                                                                                                                                
Co-Chair  Stedman  asked  why the  state  did  not  consider                                                                    
selling the islands.                                                                                                            
                                                                                                                                
Mr. Kroes thought the question  would be better addressed by                                                                    
DMLW. The  parcel was currently managed  for recreation, and                                                                    
was designated to be managed  as the adjacent parklands were                                                                    
managed.                                                                                                                        
                                                                                                                                
Co-Chair Stedman  asked how many  parcels were  virtually in                                                                    
holdings in the proposed park expansion.                                                                                        
                                                                                                                                
Ms. Kroes  stated that  private land  was excluded  from the                                                                    
parcel. There were  six to eight landowners  nearby, many of                                                                    
whom  had  spoken  in  support   of  the  bill  in  previous                                                                    
hearings.  The  parcels  would remain  in  status  quo  with                                                                    
regard to lease or ownership.                                                                                                   
                                                                                                                                
10:03:05 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  asked about  the islands  to the  west. He                                                                    
asked if the islands were already in the park.                                                                                  
                                                                                                                                
Mr.  Kroes answered  in the  affirmative.  He mentioned  the                                                                    
Kitten Islands.  He mentioned there was  two smaller islands                                                                    
within the bay that were  currently part of the state marine                                                                    
park.                                                                                                                           
                                                                                                                                
10:03:38 AM                                                                                                                   
                                                                                                                                
Senator Wielechowski  understood that the Division  of Parks                                                                    
and Outdoor Recreation supported the bill.                                                                                      
                                                                                                                                
Mr. Kroes  stated that the  division supported the  bill. He                                                                    
had  been  approached  by the  group  Friends  of  Admiralty                                                                    
Island,  which included  decedents of  people that  had been                                                                    
interned in Funter Bay. The  group wanted to maintain access                                                                    
for descendants in  the future. He stated  that the division                                                                    
and stakeholders supported the bill.                                                                                            
                                                                                                                                
10:04:40 AM                                                                                                                   
                                                                                                                                
Co-Chair von Imhof asked about  allowable use of the private                                                                    
land  parcels  around the  proposed  park,  per comments  by                                                                    
Senator Olson.                                                                                                                  
                                                                                                                                
Mr.  Kroes restated  that the  parcels  were staying  as-is,                                                                    
were not  included in  the land  exchange, and  with current                                                                    
ownership conditions  remaining intact. He did  not know how                                                                    
many separate parcels there were  but there was no impact to                                                                    
the parcels.                                                                                                                    
                                                                                                                                
10:05:46 AM                                                                                                                   
                                                                                                                                
RICKY  GEASE,  DIRECTOR,  DIVISION   OF  PARKS  AND  OUTDOOR                                                                    
RECREATION,   DEPARTMENT    OF   NATURAL    RESOURCES   (via                                                                    
teleconference),   testified   that   Alaska   State   Parks                                                                    
supported the  bill. The agency  had been working  with many                                                                    
organizations  and  individuals  to  find a  better  way  to                                                                    
manage and  protect the  historical and  cultural resources.                                                                    
He explained  that currently the  DMLW land was  managed for                                                                    
recreation and not  for mineral or   timber resources. There                                                                    
parks   division  had   an   inter-agency  land   management                                                                    
agreement with the  DLWD to manage the  lands for recreation                                                                    
as  units  of the  park.  He  thought  it was  important  to                                                                    
remember  that  while most  of  the  area where  there  were                                                                    
graves  there  were  markers, there  was  most  likely  also                                                                    
adjacent  areas with  unmarked graves,  and  the bill  would                                                                    
protect the area in perpetuity.                                                                                                 
                                                                                                                                
Mr. Gease  continued his  testimony. He  stated it  had been                                                                    
his and the  agencies privilege to coordinate  and work with                                                                    
a  diverse  group  of  interested  parties.  The  department                                                                    
supported protection  for the  cemetery, and  in recognition                                                                    
of the  hardship imposed on  the people from St.  George and                                                                    
St. Paul in  Funter Bay during World War II.  He thought the                                                                    
land would be  easier to manage under one  agency within the                                                                    
Department of Natural Resources.                                                                                                
                                                                                                                                
Co-Chair  von  Imhof asked  if  Mr.  Gease had  any  further                                                                    
comments on the bill.                                                                                                           
                                                                                                                                
Mr.  Gease  thought all  the  topics  had been  covered.  He                                                                    
remarked that  the two previous  hearings on the  bill there                                                                    
had been  direct descendants  from St.  Paul and  St. George                                                                    
present,  including  elders  that travelled  to  attend.  He                                                                    
emphasized  that there  was great  support for  the bill  to                                                                    
ensure protection of the cemetery area.                                                                                         
                                                                                                                                
10:08:57 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  did not  think there  was any  interest in                                                                    
hindering the  cemetery. He was appalled  that an individual                                                                    
in Angoon was prohibiting access  to a cemetery. He pondered                                                                    
that the  individual was  not from the  area. He  noted that                                                                    
much  of Southeast  was a  park, and  there was  very little                                                                    
private or  state land within  the Tongass  National Forest.                                                                    
He was concerned with  over-restricting development and also                                                                    
with losing  cultural and heritage  sites. He  thought there                                                                    
was not  a lot  of cultural  sites that  were not  known. He                                                                    
supported  protecting the  cemetery.  His  only concern  was                                                                    
about the  island and wondered why  it was not up  for sale.                                                                    
He wanted  to suggest that  the committee review  the access                                                                    
issue to the cemetery near Angoon.                                                                                              
                                                                                                                                
10:11:03 AM                                                                                                                   
                                                                                                                                
Co-Chair von Imhof OPENED public testimony.                                                                                     
                                                                                                                                
Co-Chair von Imhof CLOSED public testimony.                                                                                     
                                                                                                                                
Co-Chair  Stedman  reviewed  FN  2 from  the  Department  of                                                                    
Natural Resources,  OMB Component  3001. He relayed  that it                                                                    
was a  zero fiscal note.  He commented that the  note should                                                                    
have been negative,  because money was left on  the table by                                                                    
not selling the island.                                                                                                         
                                                                                                                                
Co-Chair von Imhof set the  bill aside. She asked members to                                                                    
contact her office with any concerns or amendments.                                                                             
                                                                                                                                
HB  122  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
Co-Chair von  Imhof was  unsure about  the schedule  for the                                                                    
afternoon meeting.   The following  day the  committee would                                                                    
hear public testimony on the operating and capital budgets.                                                                     
                                                                                                                                

Document Name Date/Time Subjects
HB 122 Sponsor Statement 1.28.2020.pdf SFIN 3/17/2020 9:00:00 AM
HB 122
HB 122 Sectional Analysis Version U.A 1.28.2020.pdf SFIN 3/17/2020 9:00:00 AM
HB 122
HB 122 Explanation of Changes V. U.A 1.28.2020.pdf SFIN 3/17/2020 9:00:00 AM
SRES 2/5/2020 3:30:00 PM
HB 122
HB 122 Written Testimony Received By 2.17.2020.pdf SFIN 3/17/2020 9:00:00 AM
HB 122
HB 122 Presentation by Rep. Hannan-Senate.pdf SFIN 3/17/2020 9:00:00 AM
HB 122
SB 30 Work Draft v. E Amendment #1 SFIN 3.17.2020.pdf SFIN 3/17/2020 9:00:00 AM
SB 30
SB 30 Work Draft v. E Explanation.pdf SFIN 3/17/2020 9:00:00 AM
SB 30
SB 30_Middle-Colleges_Bill-Text_Version E.pdf SFIN 3/17/2020 9:00:00 AM
SB 30
SB 47 Work Draft v. G Explanation of Changes.pdf SFIN 3/17/2020 9:00:00 AM
SB 47
SB 47 Work Draft v. G.pdf SFIN 3/17/2020 9:00:00 AM
SB 47
HB 122 Funter Bay Boundary Maps.pdf SFIN 3/17/2020 9:00:00 AM
HB 122
HB 122 Public Testimony Stoops.pdf SFIN 3/17/2020 9:00:00 AM
HB 122
SB 152 Work Draft version U.pdf SFIN 3/17/2020 9:00:00 AM
SB 152
SB 152 CS 0 walkthrough version U final.pdf SFIN 3/17/2020 9:00:00 AM
SB 152
HB 205 - SB 154 Knight Public Testimony.pdf SFIN 3/17/2020 9:00:00 AM
HB 205
SB 154