Legislature(2001 - 2002)

04/19/2002 03:32 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
           HJR 48-TERMINATION OF FED LAND WITHDRAWALS                                                                       
                                                                                                                              
CHAIRMAN JOHN TORGERSON called the Senate Resources Committee                                                                 
meeting to order at 3:32 pm and announced HJR 48 to be up for                                                                   
consideration. Present were Senators Wilken, Stevens, Taylor,                                                                   
Elton and Chairman Torgerson.                                                                                                   
                                                                                                                                
MS. JUDY OHMER, staff to Representative Pete Kott, said HJR 48                                                                  
encourages Congress to amend its public lands laws to provide a                                                                 
timely way to return withdrawn land to fuller public use.                                                                       
                                                                                                                                
     Throughout  much of  the United  states, especially  the                                                                   
     Western  states and Alaska,  the federal government  has                                                                   
     withdrawn  lands for  various  reasons. Withdrawn  lands                                                                   
     are   then   off   limits  to   other   selections   and                                                                   
     designations  such   as  state's  right-of-ways,   state                                                                   
     selections, mining claims, Native  allotments, etc. Many                                                                   
     federal  withdrawals were  for public  purposes such  as                                                                   
     parks  and  refuges;  others   were  withdrawn  to  give                                                                   
     agencies  the flexibility to  consider proposed  uses of                                                                   
     the  land;  and still  others  have been  withdrawn  for                                                                   
     seeming arbitrary political  purposes. When federal land                                                                   
     is  withdrawn  it  is closed  until  the  withdrawal  is                                                                   
     remove,  which  in some  instances  requires  an act  of                                                                   
     Congress.  This creates the  problem where land  remains                                                                   
     close to  entry even when  the original purpose  for the                                                                   
     withdrawal has been accomplished or has lapsed.                                                                            
                                                                                                                                
     In Alaska  many of these federally withdrawn  lands have                                                                   
     been selected by the State of  Alaska in accordance with                                                                   
     the Alaska  Statehood Act for transfer to  become state-                                                                   
     owned lands.  Some of these  lands in withdrawal  status                                                                   
     have  high  mineral  potential that  could  benefit  the                                                                   
     state's  economy. Other lands  were selected for  access                                                                   
     corridors.  In all  cases,  these state  selected  lands                                                                   
     cannot be transferred and Alaska loses opportunities.                                                                      
                                                                                                                                
     HJR  48  requests  that  Congress  amend  our  country's                                                                   
     public lands  laws so that  the land withdrawals  sunset                                                                   
     in 10 years  unless the agency responsible  for managing                                                                   
     the land provides Congress with a justification.                                                                           
                                                                                                                                
     HJR 48 also  requests that Congress require  the federal                                                                   
     land  managing  agencies  to   compile  a  comprehensive                                                                   
     listing   of    the   withdrawn   lands    under   their                                                                   
     jurisdictions  to  include (1)  the  exact  geographical                                                                   
     coordinates of the withdrawals,  (2) the legal authority                                                                   
     for  the withdrawal  and (3)  the document  establishing                                                                   
     the withdrawal  and (4) the proposed disposition  of the                                                                   
     affected land  and file a plan with Congress  within one                                                                   
     year defining  how the  withdrawals will be  terminated.                                                                   
     This  requirement would  extend to  all agencies in  the                                                                   
     United  States that  manage public  lands, as  a lot  of                                                                   
     federal  departments and agencies  are involved  in land                                                                   
     management, but some are ones  that wouldn't immediately                                                                   
     come to  mind like  the Post  Office, the Department  of                                                                   
     Agriculture,  the Department of  Defense, the Bureau  of                                                                   
     Land  Management, the  National Park  Service, the  Fish                                                                   
     and Wildlife Service, etc.                                                                                                 
                                                                                                                                
CHAIRMAN TORGERSON  said on page  2, line 4 that  "several states"                                                              
are mentioned, but  that the resolution wouldn't be  sent to them.                                                              
He asked states that refers to.                                                                                                 
                                                                                                                                
MS. OHMER  replied that  she thought  it referred  to the  western                                                              
states.                                                                                                                         
                                                                                                                                
SENATOR  WILKEN  moved   to  pass  HJR  48  from   committee  with                                                              
individual  recommendations  and the  attached  zero fiscal  note.                                                              
There were no objections and it was so ordered.                                                                                 

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