Legislature(2013 - 2014)BUTROVICH 205

02/08/2014 09:00 AM Senate RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 146 APPROVE TESORO ROYALTY OIL SALE TELECONFERENCED
Moved SB 146 Out of Committee
Department of Natural Resources
-- Public Testimony --
*+ SB 109 ADVISORY COMMISSION ON FEDERAL MGT AREAS TELECONFERENCED
Moved SB 109 Out of Committee
-- Public Testimony --
*+ SJR 15 OPPOSE INTERNATIONAL DESIGNATING OF LAND TELECONFERENCED
Moved SJR 15 Out of Committee
-- Public Testimony --
*+ SJR 16 OPPOSE FEDERAL AID TO CERTAIN NONPROFITS TELECONFERENCED
Moved CSSJR 16(RES) Out of Committee
-- Public Testimony --
Bills Previously Heard/Scheduled
        SB 109-ADVISORY COMMISSION ON FEDERAL MGT AREAS                                                                     
                                                                                                                                
9:51:40 AM                                                                                                                    
CHAIR GIESSEL announced SB 109 to be up for consideration.                                                                      
                                                                                                                                
SENATOR  JOHN COGHILL,  Alaska State  Legislature, sponsor  of SB
109, said  this measure is  an extension  of the sunset  date for                                                               
the Citizen's  Advisory Commission  on Federal Areas  (CACFA). He                                                               
said the  federal government  owns 60  percent of  Alaska's lands                                                               
going from  productive land to  wilderness and  preserves; Alaska                                                               
shares the remaining 40 percent with Alaska Native Corporations.                                                                
                                                                                                                                
He explained that the focus  of federal lands generally goes from                                                               
conservation to  preservation and  the land  in Alaska  goes from                                                               
the  need for  production  to the  need  for conservation,  which                                                               
travel  in different  directions. So,  there  must be  a way  for                                                               
Alaskans to  speak up on how  they want to work  with the federal                                                               
government  in  both areas.  The  Statehood  Compact, the  Alaska                                                               
Native  Claims Settlement  Act (ANCSA),  and the  Alaska National                                                               
Interest  Lands Conservation  Act (ANILCA)  provide the  rules to                                                               
play by.                                                                                                                        
                                                                                                                                
SENATOR  COGHILL  said  there  is   always  a  need  for  ongoing                                                               
education and  Alaska has to  speak up for itself.  Another issue                                                               
is that  the personnel turnover  in the federal  management areas                                                               
that  are generally  conservation  units to  wilderness areas  is                                                               
very  high and  the  Bureau  of Land  Management  (BLM) is  often                                                               
operated from  Seattle and is  often overruled in D.C.,  which is                                                               
why  Alaska often  resorts to  the courts.  Citizens who  have to                                                               
navigate through  the complex  set of  rules and  regulations and                                                               
their modifications need to be  alert and this citizen's advisory                                                               
commission is  one way to bring  these issues into the  light and                                                               
provide an avenue to our  delegation in Congress. When ANILCA was                                                               
first instituted it  had a high level commission made  up of both                                                               
federal  and state  officials who  could make  policy calls,  but                                                               
that went away. This  is one way to get input  from people at the                                                               
community who just navigate on a river.                                                                                         
                                                                                                                                
He said the federal government can  take people to court and they                                                               
have unlimited access  to legal instruments that  quite often the                                                               
citizen who is  just trying to guide on a  river doesn't have. He                                                               
said  the  Senate  Majority  felt so  strongly  that  they  hired                                                               
someone to help them work  with the Citizen's Advisory Commission                                                               
and Congress on things like the Izembek Road.                                                                                   
                                                                                                                                
CHAIR GIESSEL thanked him for his  work adding that he is a great                                                               
asset on CACFA.                                                                                                                 
                                                                                                                                
9:59:45 AM                                                                                                                    
CHAD  HUTCHISON, staff  to Senator  Coghill, sponsor  of SB  109,                                                               
said CACFA  does very important  work holding  hearings regarding                                                               
land management, resource development,  and access issues, and it                                                               
makes recommendations for  public policy to the  State of Alaska;                                                               
he said members should have received its annual report.                                                                         
                                                                                                                                
CACFA's intent  is to protect  the state's interests  relating to                                                               
resource development and land management.  It provides the Alaska                                                               
Land  Update that  allows them  to focus  on particular  resource                                                               
development  issues  related to  the  Pebble  Mine, Izembek,  the                                                               
proposed  Beringia  National Park,  and  the  Wrangell St.  Elias                                                               
National Park.  It is  an entity that  allows them  to articulate                                                               
issues to the general public and  allows them to make comments as                                                               
necessary. Most  folks have little  understanding as to  what the                                                               
federal  government  is continually  doing  around  the State  of                                                               
Alaska and that is why CACFA is so important.                                                                                   
                                                                                                                                
10:02:44 AM                                                                                                                   
CHAIR  GIESSEL said  she  appreciated the  annual  report as  she                                                               
would be bringing up topics in committee about some of them.                                                                    
                                                                                                                                
10:03:18 AM                                                                                                                   
STAN LEAPHART, Executive  Director, Citizen's Advisory Commission                                                               
on  Federal  Areas  (CACFA),  supported   SB  109.  He  said  the                                                               
commission has  a lot  of work to  do in the  next few  years and                                                               
that  Senator Bettye  Fahrenkamp from  Fairbanks was  the initial                                                               
sponsor  of the  commission  in 1981,  shortly  after passage  of                                                               
ANILCA. Now  30 years later  we are  still fighting to  make sure                                                               
it's  implemented  in the  way  Congress  intended and  that  the                                                               
federal agencies  live up  to the  promises and  compromises that                                                               
are in that bill.                                                                                                               
                                                                                                                                
He said  review of  some major management  plans was  coming into                                                               
focus  and that  the BLM  is undertaking  two: the  Central Yukon                                                               
Plan  and  the Bering  Sea  Western  Interior Plan.  The  Tongass                                                               
National Forest is considering revising  its management plan with                                                               
issues ranging from  the roadless rule to  transitioning from old                                                               
growth harvested timber  to second growth harvested  timber and a                                                               
lot  of  other  wildlife  and fisheries  management  issues.  The                                                               
Chugach National Forest is also  revising its management plan and                                                               
has issues related to access and public use.                                                                                    
                                                                                                                                
MR.  LEAPHART  said  he had  been  asked  to  be  a member  of  a                                                               
subcommittee put together by the BLM  to look at their new placer                                                               
mining  policy.  It's  of  considerable  concern  to  the  mining                                                               
industry,  in  particular  the  small  miners.  The  policy  will                                                               
probably impose  some pretty  significant and  regulatory burdens                                                               
on them.  The subcommittee  is a good  approach, because  it will                                                               
involve  people  from  the industry,  state  and  federal  agency                                                               
people, other  regulatory people,  the Alaska  Miners Association                                                               
and people from the Forty-mile mining district.                                                                                 
                                                                                                                                
He said they  have had similar experience working  with the BLM's                                                               
subcommittee through the Resource  Advisory Council on a trapping                                                               
cabin  policy, which  turned  out quite  well  and that  included                                                               
people from the trapping community.                                                                                             
                                                                                                                                
10:07:15 AM                                                                                                                   
MR.  LEAPHART said  the  annual report  didn't  clarify that  the                                                               
recommendations   in   the   main   report  are   not   all   the                                                               
recommendations they heard  at the August 2013  Summit. Those are                                                               
listed in the  summary that is attached to the  annual report and                                                               
weren't all necessarily endorsed by the commission.                                                                             
                                                                                                                                
He said  the next step  is for a  group of commissioners  to meet                                                               
next week in Anchorage to  refine the list of recommendations and                                                               
develop  strategies  on how  to  implement  them. Those  will  be                                                               
forwarded  to  the legislature,  the  governor's  office and  the                                                               
delegation.                                                                                                                     
                                                                                                                                
CHAIR  GIESSEL said  the  Anchorage summit  was  amazing; it  was                                                               
highly attended and  had great input. She said  the commission is                                                               
made up  largely of public  citizens who remain  mostly invisible                                                               
and asked him to identify them.                                                                                                 
                                                                                                                                
MR.  LEAPHART  said they  are  a  12-member commission  with  two                                                               
legislative members:  Senator Coghill and  Representative Keller,                                                               
who  is currently  the  chairman; Rod  Arno  (also the  executive                                                               
director  of  the Alaska  Outdoor  Council),  Teresa Hanson  from                                                               
Fairbanks  (her family  operates a  small placer  mine), Kathleen                                                               
Liska  from Anchorage  (she has  great interest  in federal  land                                                               
issues),  Susan  Smith  (an  in-holder   in  Wrangell  St.  Elias                                                               
National Park  living a subsistence lifestyle  with her husband),                                                               
Mike Meekin  from Palmer (an  air taxi operator),  Ron Somerville                                                               
from Juneau (retired ADF&G biologist  and an early warrior in the                                                               
ANILCA battles), Mark  Fish from Big Lake (maker  of Black Powder                                                               
Rifles), Charley  Lean from  Nome (has worked  in many  places in                                                               
Alaska), Warren  Olsen from  Anchorage (active  in fish  and game                                                               
issues for  his whole  career), and  Frank Woods  from Dillingham                                                               
(commercial  fisherman  and sits  on  several  boards related  to                                                               
subsistence and  trail use).  He  said it is a  very active group                                                               
and  they  almost  always  have   a  full  slate  of  members  in                                                               
attendance at their meetings.                                                                                                   
                                                                                                                                
CHAIR GIESSEL  thanked them for  their volunteer labor  on behalf                                                               
of the state; she then opened public testimony.                                                                                 
                                                                                                                                
10:13:34 AM                                                                                                                   
RON  SOMERVILLE, CACFA  member,  Juneau, Alaska,  said  he was  a                                                               
commercial fisherman with his father  in Craig and got a Master's                                                               
degree in wildlife management from  the University of Montana and                                                               
came back to work for Alaska  Department of Fish and Game (ADF&G)                                                               
for 24  years. A lot  of his career was  spent on these  types of                                                               
issues,  as well  as tagging  bears.   He had  lived 74  years in                                                               
Alaska and  watched as  the entitlements  Alaska was  supposed to                                                               
get at statehood have been compromised in Washington.                                                                           
                                                                                                                                
Because of his travels around  the state for ADF&G Mr. Somerville                                                               
said  he  was interested  in  what  was  happening to  the  small                                                               
communities  that  get  inundated  with  bureaucratic  paperwork.                                                               
Plans are constantly being redone  and things are snuck into them                                                               
that violate  a lot of  agreements that  were made in  ANILCA and                                                               
the Statehood Act. Things happening  in the Interior could affect                                                               
Southeastern and groups  can hardly keep up  with forest planning                                                               
efforts  in Glacier  Bay  National  Park and  some  of the  other                                                               
conflicts that  occur. This has a  significant detrimental impact                                                               
on land issues in Alaska and CACFA fills that role.                                                                             
                                                                                                                                
MR.  SOMERVILLE   said  for  example   that  for  40   years  the                                                               
Territorial Sportsmen built cabins  on Admiralty Island, provided                                                               
boats and chopped  wood, and maintained the cabins,  not only for                                                               
people to  enjoy but  because they  were important  for providing                                                               
shelter and safety to people in the wilderness.                                                                                 
                                                                                                                                
He  was in  the committee  room when  ANILCA was  passed and  the                                                               
Forest  Service  promised  that   Admiralty  Island  would  be  a                                                               
wilderness  area,  but  they  wouldn't  treat  it  like  the  Bob                                                               
Marshall  Wilderness Area  in Montana.  Thirteen exceptions  were                                                               
made  to  wilderness management  in  Alaska  and yet  the  Forest                                                               
Service today  is trying  to make  Admiralty Island  exactly like                                                               
the  Bob  Marshall Wilderness  Area.  They  no longer  allow  the                                                               
Territorial Sportsmen  to use  chains saws in  order to  cut wood                                                               
for  the cabins  or  to  use power  equipment  in  the spring  to                                                               
maintain and improve them.                                                                                                      
                                                                                                                                
He  agreed to  serve on  the Commission  because its  work is  so                                                               
important  in  helping  people   to  fully  understand  what  the                                                               
overreach  of the  federal  government is  like.  "You would  not                                                               
believe it!"                                                                                                                    
                                                                                                                                
MR. SOMERVILLE  related that Alaska  has about 22,000  rivers and                                                               
about 1 million lakes that  could qualify under any definition of                                                               
navigability,  yet the  navigability issue  has been  resolved on                                                               
less than  25 rivers. The state  has to prove in  court the river                                                               
was  navigable  at   the  time  of  statehood   and  the  federal                                                               
government is forcing  adjudication of every river  in the state.                                                               
The unfortunate part  is that at statehood  Alaska received title                                                               
to 60 million acres of submerged  and tidelands and at this rate,                                                               
we will  lose that entitlement,  because everybody who  used them                                                               
for  that purpose  is dead.  It will  have a  phenomenal negative                                                               
impact on this state.                                                                                                           
                                                                                                                                
He said that one of major  reasons we got statehood was to manage                                                               
our fish and wildlife and now  it's a mess. Something needs to be                                                               
done to improve the fish  and wildlife management problems. If we                                                               
don't take care of them the federal government will preempt us.                                                                 
                                                                                                                                
CHAIR GIESSEL thanked him for his service.                                                                                      
                                                                                                                                
10:22:11 AM                                                                                                                   
SENATOR  MICCICHE  thanked  him  for service  and  for  remaining                                                               
active.                                                                                                                         
                                                                                                                                
SENATOR BISHOP  echoed those sentiments  and added that  he would                                                               
like to break bread with him before leaving Juneau.                                                                             
                                                                                                                                
MR. SOMERVILLE said it would be a pleasure.                                                                                     
                                                                                                                                
10:23:01 AM                                                                                                                   
CHAIR  GIESSEL  finding  no further  questions  or  comments  and                                                               
closed public testimony.                                                                                                        
                                                                                                                                
SENATOR DYSON moved  to report SB 109, version  A, from committee                                                               
to the next committee of  referral with attached fiscal notes and                                                               
individual recommendations.  There were no objections  and it was                                                               
so ordered.                                                                                                                     

Document Name Date/Time Subjects
SB 146 vs A.pdf SRES 2/8/2014 9:00:00 AM
SB 146
SB 146 Transmittal Letter.pdf SRES 2/8/2014 9:00:00 AM
SB 146
SB 146 Briefing Paper and Sectional.pdf SRES 2/8/2014 9:00:00 AM
SB 146
SB 146 Fiscal Note 1 DNR.pdf SRES 2/8/2014 9:00:00 AM
SB 146
SB 146 Best Interest Finding 2013.pdf SRES 2/8/2014 9:00:00 AM
SB 146
SB 146 Best Interest Finding 2014.pdf SRES 2/8/2014 9:00:00 AM
SB 146
SB 146 DNR Tesoro Amendment Contract Presentation.pdf SRES 2/8/2014 9:00:00 AM
SB 146
SB 109 vs A.pdf SRES 2/8/2014 9:00:00 AM
SB 109
SB 109 Sponsor Statement.pdf SRES 2/8/2014 9:00:00 AM
SB 109
SB 109 Fiscal Note.pdf SRES 2/8/2014 9:00:00 AM
SB 109
SB 109 Back Up Information.pdf SRES 2/8/2014 9:00:00 AM
SB 109
SB 109 Alaska_Lands_Update_11_2013.pdf SRES 2/8/2014 9:00:00 AM
SB 109
SB 109 Alaska_Lands_Update_12_2013.pdf SRES 2/8/2014 9:00:00 AM
SB 109
SB 109 CACFA 2013 Annual Report.pdf SRES 2/8/2014 9:00:00 AM
SB 109
SJR 15 vs U.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 Sponsor Statement.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 Fiscal Note.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 Beringia.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 Biosphere List.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 AK Land Ownership Map.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 Int. Park Slide.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 MOU US and Russia 20131028.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 Promise of ANILCA.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 World Heritage Site Conflicts.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 Clinton-Lavrov meeting.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 Sec. Jewell on monuments.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 Murkowski - Young letter to Secs of State 20131028.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 Murkowski Young response 20131030.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 Governor Letter to US Secs of State 20120907.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 Sen. Majority letter to Kerry & Jewell 20131114.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 Supp Letter Borell 20140125.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 Supp Letter Cncl of AKProducers 20140206.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 Supp letter AMA 20140206.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 Supp Letter RDC 20140205.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 Supp Letter CongressmanYoung 201400207.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 15 Supp Testimony MikeCoons 20140208.pdf SRES 2/8/2014 9:00:00 AM
SJR 15
SJR 16 vs N.pdf SRES 2/8/2014 9:00:00 AM
SJR 16
SJR 16 Sponsor Statement.pdf SRES 2/8/2014 9:00:00 AM
SJR 16
SJR 16 MOU F&G & USFWS.pdf SRES 2/8/2014 9:00:00 AM
SJR 16
SJR 16 DOJ Mission Statement.pdf SRES 2/8/2014 9:00:00 AM
SJR 16
SJR 16 AK Mental Health Trust revenue.pdf SRES 2/8/2014 9:00:00 AM
SJR 16
SJR 16 FY11 Fiscal Impact ACF.pdf SRES 2/8/2014 9:00:00 AM
SJR 16
SJR 16 FY11 ACF Funding.pdf SRES 2/8/2014 9:00:00 AM
SJR 16
SJR 16 FY12 ACF Funding.pdf SRES 2/8/2014 9:00:00 AM
SJR 16
SJR 16 Bristol Bay campaign.pdf SRES 2/8/2014 9:00:00 AM
SJR 16
SJR 16 Supp Letter Cncl of AK Producers 20140205.pdf SRES 2/8/2014 9:00:00 AM
SJR 16
SJR 16 Supp Letter FirstThingsFirst 20140205.pdf SRES 2/8/2014 9:00:00 AM
SJR 16
SJR 16 Supp Letter AMA 201402.06.pdf SRES 2/8/2014 9:00:00 AM
SJR 16
SJR 16 Supp Letter RDC 20140207.pdf SRES 2/8/2014 9:00:00 AM
SJR 16
SJR 16 Supp Letter CAFCA 20140207.pdf SRES 2/8/2014 9:00:00 AM
SJR 16
SJR 16 Submitted by LisaWeissler Public Interest and Permitting 20140208.pdf SRES 2/8/2014 9:00:00 AM
SJR 16
SJR 16 Submitted by LisaWeissler Public Interest and Permitting 20140208.pdf SRES 2/8/2014 9:00:00 AM
SJR 16
CSSJR 16 (RES) Fiscal Note.pdf SRES 2/8/2014 9:00:00 AM
SJR 16