03/24/1993 03:45 PM Senate RES

  SENATOR MILLER  announced SB  159 LIMIT  ADMINISTRATIVE LAND                 
  CLOSURES to be up for consideration.                                         
                                                                               
  SENATOR FRANK,  sponsor, said the  purpose was to  limit the                 
  power  of  the  Commissioner of  the  Department  of Natural                 
  Resources in  closing lands to  mineral entry.   The current                 
  theory is that land  should be used for the  maximum benefit                 
  of the people and all the  land should be open for  multiple                 
  use.  There is a provision saying the Commissioner can close                 
  lands to multiple  use under 640 acres.   He said the  power                 
  should be reserved for the legislature.                                      
                                                                               
  STEVE BORRELL,  Alaska Miners Association, supported SB 159.                 
  He told them there  were actually three mechanisms  by which                 
  state lands can  be closed to mineral entry.   The first way                 
  is for  the legislature  to pass  bills establishing  parks,                 
  refuges, etc.   The second mechanism  is the application  of                 
  Title  16  by  ADF&G  in  areas where  anadromous  fisheries                 
  resources may be affected.  The third mechanism is the focus                 
  of this  bill.  Passage of  this bill would send  a positive                 
  signal to the international mining industry.                                 
                                                                               
  Number 191                                                                   
                                                                               
  RAGA   ELIM,  Department  of  Natural  Resources,  said  the                 
  administration  will  support   this  bill   with  the   two                 
  amendments he  passed to the  committee.  He  explained that                 
  the first one  tightens up some  of the wording so  that the                 
  term contiguous  is inserted helping to define  "area."  The                 
  second  one  was  designed  to  maintain  the Commissioner's                 
  flexibility  in  proper  land  management  when time  is  of                 
  essence  in  issuing some  of  these mineral  closing orders                 
  while recognizing the appropriate role of the legislature in                 
  certifying any  mineral closing  orders of  over 640  acres.                 
  The  Commissioner  could  issue  the  mineral closing  order                 
  effective immediately and the legislature  would be asked to                 
  ratify  that.    If  that  didn't  happen, the  order  would                 
  automatically lapse.                                                         
                                                                               
  Number 238                                                                   
                                                                               
  SENATOR FRANK and MR. BORREL supported both amendments.  MR.                 
  BORRELL  said it  should be  clarified  that there  could be                 
  several 640  acres  blocks  2 feet  apart.    SENATOR  FRANK                 
  agreed.                                                                      
                                                                               
  SENATOR FRANK  moved to  adopt  amendment #1  and asked  for                 
  unanimous consent.  SENATOR  LEMAN objected to say that  the                 
  language should be  run by  the bill drafter  because it  is                 
  different than what  he normally  sees.   Amendment #1  was,                 
  then, adopted.                                                               
                                                                               
                                                                               
  Number 320                                                                   
                                                                               
  JACK PHELPS, Aide  for Representative Pete Kott,  sponsor of                 
  HB 2135 which contains the "contiguous" amendment offered by                 
  DNR, wasn't  a problem.   Although  there  is potential  for                 
  abuse, he pointed out that, as it is proposed, it would also                 
  apply to the closures of multiple-purpose use lands which is                 
  a change in the existing statute.                                            
                                                                               
  SENATOR  FRANK said they would  check with the Department of                 
  Law to make sure it wouldn't raise additional points.                        
                                                                               
  MR.  PHELPS  said  he  thought  amendment  #1  was  a   good                 
  amendment.                                                                   
                                                                               
  SENATOR LEMAN moved  to adopt amendment  #2.  There were  no                 
  objections and it was so ordered.                                            
                                                                               
  Number 362                                                                   
                                                                               
  SENATOR LEMAN  moved  to discharge  SB 159  as amended  with                 
  accompanying  fiscal  notes from  committee  with individual                 
  recommendations.   There  were no  objections and it  was so                 
  ordered.