Legislature(2007 - 2008)BUTROVICH 205

02/16/2008 11:00 AM Senate RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 253 BOARD OF GAME TELECONFERENCED
Scheduled But Not Heard
*+ SB 229 TANANA VALLEY FOREST/MINTO FLATS REFUGE TELECONFERENCED
Moved SB 229 Out of Committee
*+ SB 237 MGMT OF SUSTAINABLE SALMON FISHERIES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
         SB 229-TANANA VALLEY FOREST/MINTO FLATS REFUGE                                                                     
                                                                                                                                
                                                                                                                                
11:14:44 AM                                                                                                                   
CHAIR HUGGINS announced SB 229 to be up for consideration.                                                                      
                                                                                                                                
SENATOR JOE THOMAS, Alaska State  Legislature, sponsor of SB 229,                                                               
characterized the bill  as simple and noncontroversial.   He said                                                               
it amends  the Tanana  Valley State  Forest (TVSF)  boundaries to                                                               
correct  errors in  legal descriptions,  update the  land status,                                                               
and  better match  the  management  intent.   The  bill adds  and                                                               
deletes boundary references to statutory  legal descriptions.  It                                                               
increases the state forest by  about 40,000 acres and moves about                                                               
4,300 acres from the TVSF to the Minto Flats State Game Refuge.                                                                 
                                                                                                                                
SENATOR  THOMAS explained  that in  1983 the  legislature created                                                               
the 1.8  million-acre TVSF,  which stretches  from Manley  to Tok                                                               
and is  open to mining,  gravel extraction, oil and  gas leasing,                                                               
and grazing.   The Department of Natural  Resources (DNR) manages                                                               
the TVSF  for a  sustainable yield of  these resources,  with the                                                               
primary  purpose  of  timber  management.     The  Bonanza  Creek                                                               
Experimental   Forest,  12,400   acres   dedicated  to   forestry                                                               
research, is located within the state forest.                                                                                   
                                                                                                                                
SENATOR  THOMAS  said state  forests  provide  fish and  wildlife                                                               
habitat, clean  water, opportunities for recreation  and tourism,                                                               
and minerals.  In addition  to managing these resources, the TVSF                                                               
offers  recreational  opportunities including  hunting,  fishing,                                                               
trapping,  camping, hiking,  dog  mushing, cross-country  skiing,                                                               
wildlife  viewing, snow  machining,  gold  panning, boating,  and                                                               
berry picking.                                                                                                                  
                                                                                                                                
SENATOR THOMAS  reported in  1996 the  division updated  the TVSF                                                               
management plan  and established  a 12-member  citizens' advisory                                                               
committee.   Representing a variety  of state forest  users, this                                                               
committee actively participates in  forest planning in the Tanana                                                               
Basin; it has  endorsed the recommendations on  management of the                                                               
forest and  has carefully  crafted the changes  in a  manner that                                                               
resulted in support from all affected land users and owners.                                                                    
                                                                                                                                
SENATOR THOMAS indicated SB 229  is supported by the Alaska State                                                               
Forest  Association,  the  Board  of Forestry,  the  Yukon  River                                                               
chapter  of  the Society  of  American  Foresters, the  Fairbanks                                                               
Economic Development Corporation,  hunting and recreation groups,                                                               
and all surrounding land owners.   He asked that legislators join                                                               
in helping  to better  align the state  forest with  its original                                                               
intent by passing SB 299.                                                                                                       
                                                                                                                                
CHAIR HUGGINS  asked to be  shown the deletions and  additions on                                                               
the map.                                                                                                                        
                                                                                                                                
11:17:44 AM                                                                                                                   
MARTHA  WELBOURN  FREEMAN,   Forest  Resources  Program  Manager,                                                               
Division of Forestry, Department  of Natural Resources, indicated                                                               
four parcels  recommended for  deletion in  the northern  part of                                                               
the forest.   She  specified that  the three  shown in  brown are                                                               
wetland areas on the boundary  between the Minto Flats State Game                                                               
Refuge  and the  TVSF;  similar to  land in  the  refuge and  not                                                               
commercial forest  land, those would  be added to and  managed by                                                               
the  refuge.   The fourth,  a sliver  shown in  yellow along  the                                                               
Chatanika  River, is  intensely used  for public  recreation, has                                                               
many  private  in-holdings,  and   isn't  a  good  candidate  for                                                               
commercial forestry enterprises.                                                                                                
                                                                                                                                
CHAIR HUGGINS  asked whether  there are any  changes in  the land                                                               
status or multiple uses such as hunting, fishing, or trapping.                                                                  
                                                                                                                                
MS. FREEMAN replied  the parcels to be transferred  to the refuge                                                               
wouldn't  likely be  managed for  commercial  forestry, but  they                                                               
don't have such  potential anyway.  The refuge  similarly is open                                                               
to multiple  uses such as  hunting, recreation,  and so on.   The                                                               
Chatanika River  parcel would be  managed as  state public-domain                                                               
land, contiguous with portions on either  side of it.  Like other                                                               
state lands  around it, this  parcel would be managed  subject to                                                               
the Tanana Basin Area Plan.                                                                                                     
                                                                                                                                
11:19:35 AM                                                                                                                   
SENATOR STEVENS asked how far the  parcel shown in yellow is from                                                               
Fairbanks and where Bonanza Creek is.                                                                                           
                                                                                                                                
MS. FREEMAN  showed those  on the map,  noting the  Bonanza Creek                                                               
area is  Unit 5B, southwest  of Fairbanks.   She turned  to areas                                                               
proposed  for  addition to  the  TVSF,  noting one  contains  six                                                               
sections of land between the refuge  and the state forest.  It is                                                               
upland  forest   habitat,  she   said,  productive   forest  with                                                               
commercial  potential  that  currently  is  public  domain  land.                                                               
Also, there  are two blocks of  land adjacent to the  area of the                                                               
Nenana  Ridge, near  Bonanza Creek.   This  is some  of the  most                                                               
actively managed land in the  state forest, for commercial forest                                                               
harvesting, forest  research, and  hunting and  other recreation.                                                               
There are parcels proposed for addition to that area.                                                                           
                                                                                                                                
MS.  FREEMAN  explained  that  some of  the  larger  blocks  will                                                               
transfer  to the  university in  2055 as  part of  the university                                                               
land  settlement,  becoming  part  of the  University  of  Alaska                                                               
demonstration  and experimental  forest.   She indicated  DNR has                                                               
briefed the  university, which supports  having that land  in the                                                               
state  forest until  the transfer.    The bill  won't affect  the                                                               
settlement, and the land will transfer as envisioned previously.                                                                
                                                                                                                                
11:21:21 AM                                                                                                                   
SENATOR McGUIRE arrived.                                                                                                        
                                                                                                                                
MS. FREEMAN,  in response  to Senator  Stevens, said  about 6,000                                                               
acres not  currently in the  state forest  will be added.   About                                                               
40,000 acres already  in the state forest will  be transferred to                                                               
the  university as  discussed.   Turning  to an  area near  Delta                                                               
Junction, she highlighted  parcels south of the  Tanana River and                                                               
adjacent to  existing forest on the  north side.  She  said these                                                               
are  upland   forests,  not  floodplain  sites,   and  are  good,                                                               
productive commercial forest lands  proposed for addition.  There                                                               
is active harvesting for local mills in this area.                                                                              
                                                                                                                                
MS. FREEMAN  noted the southeastern  part of the forest  has four                                                               
parcels,  shown in  yellow,  proposed for  deletion.   The  three                                                               
southernmost are wetland areas,  not good commercial forest land.                                                               
The fourth,  the most  northern, DNR  considers a  drafting error                                                               
from  1983 -  the  easternmost township  has  high elevation  and                                                               
lacks productive forest  land that the western township  has.  So                                                               
the intention is to flip those, to correct that error.                                                                          
                                                                                                                                
MS. FREEMAN  drew attention to  several smaller  parcels proposed                                                               
for addition in  the area from Tok to Tanacross.   She said these                                                               
are mostly  upland forest, typically  isolated in  between Native                                                               
ownership and  state ownership.   They'll be  added to  the state                                                               
forest  both  for  their  forest  potential  and  to  consolidate                                                               
management of state land in that area.                                                                                          
                                                                                                                                
11:23:09 AM                                                                                                                   
MS. FREEMAN turned  to the Tok area, saying a  fairly large block                                                               
of land  there has commercial  forest potential.  This  is fairly                                                               
accessible upland  forest, and there  is demand for  local forest                                                               
products in that  area.  Thus DNR  is asking that to  be added to                                                               
match the purposes of the state forest.                                                                                         
                                                                                                                                
CHAIR  HUGGINS  asked where  the  land  being deleted,  shown  in                                                               
yellow, will go and who controls it.                                                                                            
                                                                                                                                
MS. FREEMAN answered it would  be managed by DNR as public-domain                                                               
land.  This whole area is  subject to the Tanana Basin Area Plan,                                                               
and these lands  would be managed consistent  with parcels around                                                               
them.  Typically, they'd be  managed for a combination of habitat                                                               
and wildlife recreation.  They  tend to be fairly remote, without                                                               
much  potential  for   commercial  activity,  although  typically                                                               
they'd be open to mining, oil and gas activities, and so on.                                                                    
                                                                                                                                
CHAIR HUGGINS asked:   If it's being managed by  DNR, why does it                                                               
matter whether it's in a forest?                                                                                                
                                                                                                                                
MS. FREEMAN  responded that,  first, forestry is  long term.   As                                                               
for  meriting  long-term investment  in  the  resources -  forest                                                               
roads,  reforestation, and  so  on  - it  is  good  to have  some                                                               
certainty that  the land will  remain in public ownership.   Just                                                               
in  the few  years  since these  additions  were proposed,  5,000                                                               
acres  of  the  original  proposal have  gone  into  other  uses.                                                               
Second, regarding management authority,  the Division of Forestry                                                               
is the  lead on areas in  the state forest, whereas  the Division                                                               
of  Mining, Land  and Water  is the  lead on  the areas  outside;                                                               
while   they  work   closely  together,   it  allows   consistent                                                               
management for long-term timber  production and other uses. Also,                                                               
DNR  tends  to   do  more  investment  in   state  forest  lands,                                                               
particularly with respect to access.                                                                                            
                                                                                                                                
MS.  FREEMAN, in  further response,  said some  non-timber forest                                                               
products come  out of  that area.   For instance,  people collect                                                               
mushrooms and birch  bark for commercial purposes.   There aren't                                                               
a lot  of mining claims in  the state forest, although  there has                                                               
been a benefit because the road  to the Pogo Mine provides access                                                               
to both mining and forest resources.                                                                                            
                                                                                                                                
CHAIR HUGGINS  asked whether the  land status change  will affect                                                               
those activities.                                                                                                               
                                                                                                                                
MS. FREEMAN answered no.  The  only controls on mineral entry are                                                               
in the  experimental forest.   And there are some  small research                                                               
natural areas open  to mining, but this requires  getting a lease                                                               
first because there also is research  going on.  She added that a                                                               
quarter section  of land near  Volkmar Lake, part of  the Volkmar                                                               
Bluffs Research  Natural Area, is primarily  a prairie ecosystem,                                                               
largely grasses;  this was  identified because  it is  an unusual                                                               
ecosystem and of  research interest, particularly in  the face of                                                               
climate change  as things  get drier  and warmer.   All  of that,                                                               
except for one  quarter section, is already in  the state forest;                                                               
DNR is just  asking that the section outside the  state forest be                                                               
added so it can be managed as a consolidated parcel.                                                                            
                                                                                                                                
11:27:54 AM                                                                                                                   
CHAIR HUGGINS inquired about experimental forests.                                                                              
                                                                                                                                
MS. FREEMAN replied there are  two types:  research natural areas                                                               
and experimental forests.   The former typically  are managed for                                                               
research  on natural  ecosystems without  a lot  of manipulation.                                                               
For  experimental forests,  DNR does  active applied  management.                                                               
She indicated one area is probably  the only boreal forest in the                                                               
U.S. set  aside for long-term  ecological research;  some studies                                                               
have been  going on 25  years.  It has  the full range  of forest                                                               
types,  including  floodplain  forests  with  cottonwoods,  black                                                               
spruce  forests  on the  north  sides  of hills,  and  productive                                                               
upland  forests.   She also  indicated an  area that  is actively                                                               
managed, where  applied research  is done.   As for  camping, she                                                               
said   state  forests,   including   experimental  forests,   are                                                               
generally open  to recreational uses.   She surmised  there could                                                               
be areas closed for specific research sites, however.                                                                           
                                                                                                                                
MS. FREEMAN, in response to  Senator Stevens, showed another map,                                                               
noting the  main area  of university lands  to be  transferred in                                                               
2055   is  on   Nenana   Ridge;  she   mentioned  Bonanza   Creek                                                               
Experimental Forest  and an oval-shaped  parcel.  She  said other                                                               
land in  the Tok area  was transferred  to the university  at the                                                               
time  of  the  settlement.    Showing  a  larger-scale  map,  she                                                               
highlighted  Nenana  Ridge,  saying  most  of  the  land  in  the                                                               
settlement is already in the  TVSF there; about 6,000 acres would                                                               
be added through this proposal.                                                                                                 
                                                                                                                                
SENATOR STEVENS  asked:  When  the transfer takes place  in 2055,                                                               
will   the    TVSF   have   any   connection    or   retain   any                                                               
responsibilities?                                                                                                               
                                                                                                                                
MS.  FREEMAN answered  that under  the legislation,  it is  to be                                                               
managed consistent  with the management  plan for the TVSF.   She                                                               
indicated  DNR  is instructed  to  work  cooperatively, saying  a                                                               
meeting is  scheduled for next  month between the  university and                                                               
the division  to start looking  at long-term  management planning                                                               
for this whole area.                                                                                                            
                                                                                                                                
SENATOR WAGONER  asked whether the  Fairbanks North  Star Borough                                                               
has selected all its lands yet.                                                                                                 
                                                                                                                                
MS. FREEMAN offered to find out.   Such selections are limited by                                                               
the   land   classifications,   she    noted.      The   forestry                                                               
classification  is one  that isn't  available for  selection, and                                                               
these lands are mostly all classified for forestry.                                                                             
                                                                                                                                
11:31:34 AM                                                                                                                   
CHRIS MAISCH, Director and State  Forester, Division of Forestry,                                                               
Department of  Natural Resources,  stated support for  SB 229 and                                                               
concurred with  Ms. Freeman's testimony.   Noting he'd  looked at                                                               
the  forest management  plan, he  affirmed that  tent camping  is                                                               
allowed  in  the Bonanza  Creek  Experimental  Forest along  with                                                               
other recreational activities.   He said the  only prohibition is                                                               
the development of hard physical campsites there.                                                                               
                                                                                                                                
MR. MAISCH  also pointed  out that the  division has  been deeply                                                               
involved  in alternative  energy  projects, particularly  biomass                                                               
projects  using wood  for  heating  and, potentially,  electrical                                                               
generation; 83  feasibility studies  have been  done with  a wood                                                               
energy  taskforce involving  communities throughout  Alaska, many                                                               
in  Interior  communities  near state  forests.    One  sensitive                                                               
feature   is  the   distance  to   a  sustainable   wood  source.                                                               
Designating state lands as state  forests provides some assurance                                                               
to potential  investors in such  facilities.  He noted  a project                                                               
might be a school in Tok, Delta Junction, or Glennallen.                                                                        
                                                                                                                                
CHAIR HUGGINS  asked whether  Mr. Maisch  actively works  in that                                                               
area and has been there in the last six months.                                                                                 
                                                                                                                                
MR. MAISCH  affirmed that,  saying he is  based out  of Fairbanks                                                               
and has  had a 23-year  career in  the Interior, working  for the                                                               
Tanana  Chiefs  Conference  many  years before  working  for  the                                                               
state; he is familiar with all  portions of the state forest.  In                                                               
further  response, Mr.  Maisch  said he  hadn't  heard any  local                                                               
concerns expressed.   He  was involved  in the  original planning                                                               
process  for   this,  on  the  citizens'   advisory  council  and                                                               
participating in perhaps 100 meetings  in communities as the plan                                                               
was updated.   He said it  was vetted aggressively at  that time,                                                               
and there was wide support.                                                                                                     
                                                                                                                                
CHAIR HUGGINS asked whether there  is anything citizens might not                                                               
be aware of, but could have concerns about.                                                                                     
                                                                                                                                
MR.  MAISCH  replied the  issues  were  addressed that  had  been                                                               
raised, and he  couldn't think of others.   Some sensitive issues                                                               
about the Goodpasture River area  had been dealt with already, in                                                               
the  planning process.   One  research  natural area  is in  that                                                               
watershed;  that  was vetted  publicly,  he  said, and  otherwise                                                               
there are no changes in that watershed.                                                                                         
                                                                                                                                
11:35:44 AM                                                                                                                   
DAVID JAMES,  Interior Regional Supervisor, Division  of Wildlife                                                               
Conservation,  Alaska   Department  of   Fish  &   Game  (ADF&G),                                                               
indicated DNR's  Division of Forestry had  coordinated with ADF&G                                                               
closely,  allowing  him  to  solicit  input  from  several  staff                                                               
members about the  Minto Flats State Game Refuge.   He said ADF&G                                                               
had  identified  no known  negative  effects.   He  conveyed  the                                                               
belief that this could provide  additional access to the wetlands                                                               
portion of the  refuge via forestry roads,  although a regulation                                                               
takes  care  of  that;  also,  many  post-logging  practices  can                                                               
benefit  wildlife.   Overall,  he said,  there  were no  concerns                                                               
about negative impacts on wildlife  or the purposes for which the                                                               
refuge was established by the legislature.                                                                                      
                                                                                                                                
MR.  JAMES,   in  response  to  Chair   Huggins,  explained  that                                                               
AS 16.20.037  says   the  Minto  Flats  State   Game  Refuge  was                                                               
established to ensure the protection  and enhancement of habitat;                                                               
to ensure  conservation of  fish and  wildlife; and  to guarantee                                                               
the continuation  of hunting, fishing,  trapping, and  other uses                                                               
by the public  compatible with the protection  and enhancement of                                                               
habitat and the conservation of fish and wildlife.                                                                              
                                                                                                                                
CHAIR  HUGGINS  asked  whether  that  has  been  successful  from                                                               
ADF&G's perspective.                                                                                                            
                                                                                                                                
MR. JAMES replied yes, in his opinion.                                                                                          
                                                                                                                                
11:38:31 AM                                                                                                                   
SENATOR  STEVENS  moved to  report  SB  229 from  committee  with                                                               
individual  recommendations and  attached  fiscal  notes.   There                                                               
being no  objection, SB 229  was moved from the  Senate Resources                                                               
Standing Committee.                                                                                                             

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