03/18/1994 03:35 PM Senate RES

 SENATOR MILLER announced  SB 339  (MANAGEMENT OF STATE LAND AND               
 RESOURCES) to be up for consideration.                                        
                                                                               
 NEIL JOHANNSEN, Director, Division of Parks, said that Title 38 is            
 the basic direction with which they manage all of the state's                 
 natural resources.  The bill before them is part 1 of a 2 part                
 process.                                                                      
                                                                               
 He said they support SB 339 which is basically a housekeeping                 
 measure dealing with land disposals, native allotments in parks,              
 setnet and aquatic farm sites, direct negotiated timber sales, oil            
 and gas leasing, and mining.  This measure would create a lot more            
 efficient Department of Natural Resource from the standpoint of               
 management.  He said it protects the public process and it doesn't            
 craft any sale of the resources that is not in the sunlight.  MR.             
 JOHANNSEN concluded that he was present as a coordinater, not a               
 commander.                                                                    
                                                                               
 RON SWANSON, Director, Division of Lands, said sections 1 and 2               
 would merge the former land disposal bank into an existing state              
 land disposal program.  The land bank is obsolete since they have             
 already identified more than enough land for disposal.                        
                                                                               
 Section 3 would combine two separate legislative reports into one.            
 The annual report on land classifications would include acreage on            
 lands classified for various types of land disposal.                          
                                                                               
 Section 4 would put the state land disposal program on the same               
 footing as other natural resource sale programs.  They would submit           
 a budget request each year that would be discretionary, not                   
 mandatory.  Each budget proposal would be complete.                           
                                                                               
 Section 5 would make technical corrections and section 6 would make           
 it clear that the five acre limit on subdivision lot size applies             
 only to residential and recreational sales and not to agricultural            
 parcels or commercial parcels.  It would also allow larger lots if            
 it would be more profitable for the state.                                    
                                                                               
 Section 7 would update a list of state land disposal programs by              
 auditing the homestead law and section 8 would delete a reference             
 to the annual land demand study.  Section 9, however, would allow             
 the Department to create new land disposal programs by regulation             
 so long as they provide for competition and provide at least fair             
 market value for the land.                                                    
                                                                               
 Section 10 clarifies the legislature's policy that sales of public            
 land to private individuals should be at fair market value unless             
 otherwise directed and gives further guidance on the remote cabin             
 program.  Section 11 would deal with native allotments in state               
 parks                                                                         
                                                                               
 Sections 12 - 14 and 32 respond to a superior court decision saying           
 it is unconstitutional to make state land purchasers appear in                
 person at a sale.                                                             
                                                                               
 Sections 16 - 18 simplify the process of leasing tideland for                 
 setnet fishing.  Section 16 would allow standard leasing methods to           
 be used for setnet fishing sites.  Section 17 removes language                
 limiting fees for setnet leases to administrative costs.                      
                                                                               
 Section 18 with conforming amendments in section 29 and several               
 repealers would streamline authorizations for public farming.                 
 Section 19 modernizes requirements to restore surface lease sites             
 after lease termination protecting the state against liability for            
 high cleanup costs.                                                           
                                                                               
 Section 28 would clarify that the Division could allow livestock              
 raising and similar low value uses by issuing permits.                        
                                                                               
 Section 33 would raise the fee to receive a nonagricultural                   
 homestead entry permit to $20 per acre.                                       
                                                                               
 Section 34 would insure that the setnet leasing changes made in               
 section 16 and 17 would not be affected by replacement legislation            
 that goes into effect in 1997.                                                
                                                                               
 Section 36 protects valid existing rights of homestead entry                  
 permitees and aquatic farm site permits.  Section 37 allows the               
 Department to adopt regulations in advance of the bill's effective            
 date.  Section 38 affects the remote parcel program.  It would                
 prohibit the Department from imposing the conditions of former AS             
 30.05.078 (d) in new remote parcel purchase contracts.  These                 
 conditions restricted the sale or subdivision of remote parcels               
 after it was conveyed into private ownership.                                 
                                                                               
 MR. SWANSON said, on behalf of the Department of Agriculture,                 
 section 15 replaces "approximate vicinity," a term that is not used           
 anywhere else in the statutes with "adjacent," a term that is used            
 elsewhere in the statute.                                                     
                                                                               
 SENATOR LEMAN asked if this bill would have aided the process                 
 involved in the Kachemak Bay buy back process.  MR. JOHANNSEN said            
 this is aimed at native allotments under the 1906 Federal Native              
 Allotment Act which are limited to 160 acres, a different law.                
                                                                               
 SENATOR MILLER said it was his intention to go through this bill              
 more and bring it up again next Monday.