Legislature(2013 - 2014)BUTROVICH 205

02/28/2014 03:30 PM Senate RESOURCES


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03:31:13 PM Start
03:31:45 PM SB105
04:38:16 PM Confirmation Hearings
04:40:26 PM Joe Balash, Commissioner Designee, Department of Natural Resources (dnr)
05:07:14 PM Bruce Twomley, Commissioner, Alaska Commercial Fisheries Entry Commission (cfec)
05:15:09 PM Frederick Johnson, Board of Fisheries
05:25:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 105 QUITCLAIM LAND TO UNITED STATES TELECONFERENCED
Moved SB 105 Out of Committee
-- Public Testimony --
+ Confirmation Hearing: TELECONFERENCED
Dept. of Natural Resources Commissioner
Joe Balash
Alaska Commercial Fisheries Entry Commission
Bruce Twomley
Board of Fisheries
Frederick Johnson
-- Public Testimony on Appointments --
+ Bills Previously Heard/Scheduled TELECONFERENCED
             SB 105-QUITCLAIM LAND TO UNITED STATES                                                                         
                                                                                                                                
3:31:45 PM                                                                                                                    
CHAIR GIESSEL announced SB 105 to be up for consideration.                                                                      
                                                                                                                                
3:32:20 PM                                                                                                                    
SENATOR JOHN COGHILL, sponsor of  SB 105, said this "simple" bill                                                               
was drafted  to settle a long-standing  agreement between Natives                                                               
and Americans  and now  Alaskans over  allotments that  have been                                                               
promised for  over 100 years.  Alaska can  be a help  in settling                                                               
some of the title questions.                                                                                                    
                                                                                                                                
3:33:39 PM                                                                                                                    
SENATOR COGHILL  said he was  raised with several people  who had                                                               
been involved in, claimed, or  been refused Native allotments. He                                                               
knows  a lot  of people  who had  other claims  from the  federal                                                               
government,  including  homesteads,  which  were  given  to  them                                                               
fairly rapidly  while many  Native allotments  that had  the same                                                               
promise were left  languishing - sometimes because  of the Bureau                                                               
of  Land  Management   (BLM)  or  because  of   people  just  not                                                               
understanding how to assert their right.                                                                                        
                                                                                                                                
One of  the principles that "gets  his shoulder to this"  is that                                                               
this is  private land and Alaska  doesn't have much of  that, and                                                               
he  would  like to  see  the  Natives  who had  these  allotments                                                               
potentially given to them get settled.                                                                                          
                                                                                                                                
Another  issue  of concern  to  him  was  that Alaska  has  title                                                               
problems on  all kinds  of land with  the federal  government and                                                               
these  should be  settled  as a  priority as  well  as a  belated                                                               
promise before we start settling some of the other issues.                                                                      
                                                                                                                                
3:35:08 PM                                                                                                                    
SENATOR   COGHILL  said   SB  105   takes   an  existing   right,                                                               
potentially, and asserts  it. The last page of the  bill, page 4,                                                               
is where the state really becomes involved. It inserts:                                                                         
                                                                                                                                
     (14)  quitclaim land  or  an interest  in  land to  the                                                                    
     federal government after a  determination that the land                                                                    
     or the  interest in land was  wrongfully or erroneously                                                                    
     conveyed by the federal government to the state.                                                                           
                                                                                                                                
He said  the state has  over-selected at statehood, but  prior to                                                               
that, families  were given  the right to  select land  under this                                                               
Native allotment. They  have already had the  ability to transfer                                                               
land  under the  Department of  Natural Resources  (DNR), but  by                                                               
saying "you shall" he is making it a directive in this bill.                                                                    
                                                                                                                                
SENATOR  COGHILL   explained  that  some  allotment   lands  have                                                               
erroneously been transmitted to the  state but now have buildings                                                               
on them.  So, they  will hear  testimony about  how they  will be                                                               
very difficult to  transfer. They will also hear that  there is a                                                               
lot  of land  that could  be  settled. Probably  the reason  it's                                                               
important to  settle it now -  and one of the  other principles -                                                               
is   families   are  dying   and   their   claims  are   becoming                                                               
significantly  diminished.   Some  fight even  amongst their  own                                                               
progeny over  who should have  the right  to that land;  now they                                                               
have  to make  a claim  and agree  together to  make it.  It just                                                               
makes it much more complex.                                                                                                     
                                                                                                                                
SENATOR COGHILL  noted the  Aguilar Decision,  a court  case that                                                               
sets some standards on the dispersion of this land under Tab 8.                                                                 
                                                                                                                                
3:38:25 PM                                                                                                                    
RYNNIEVA MOSS, staff to Senator  Coghill, explained the tabs: one                                                               
is the  sponsor statement and two  is the bill itself.  Section 4                                                               
is  the  repealer  of  the  statute  that  makes  the  conveyance                                                               
permissive.  Section 1  mandates that  if land  is wrongfully  or                                                               
erroneous titled to the state,  the state would quitclaim it back                                                               
to BLM so that it could be titled to the allotment owner.                                                                       
                                                                                                                                
Sections 2 and 3 are  provisions that ensure subsurface rights to                                                               
that allotment property and that  the land will not be designated                                                               
as agricultural land.                                                                                                           
                                                                                                                                
3:39:33 PM                                                                                                                    
SENATOR FAIRCLOUGH  asked how the term  "erroneously" was arrived                                                               
at.                                                                                                                             
                                                                                                                                
MS. MOSS explained that someone else  had a claim to the property                                                               
prior to  BLM deeding  the land  to the  state. The  Aguilar Case                                                               
actually preserved  that further by  saying a Native's use  of an                                                               
allotment took  priority over land  selections made to  the State                                                               
of Alaska under the Alaska Statehood Act.                                                                                       
                                                                                                                                
SENATOR COGHILL added that many  of these were being processed by                                                               
BLM under  a temporary  authorization when  Alaska was  doing the                                                               
land selection. One of the things  that failed to hit the trigger                                                               
point was that a Native allotment  is a valid existing right, and                                                               
that is what is being asserted in SB 105.                                                                                       
                                                                                                                                
SENATOR FAIRCLOUGH asked if the state over-selected.                                                                            
                                                                                                                                
SENATOR COGHILL replied that it received 103 million acres.                                                                     
                                                                                                                                
SENATOR FAIRCLOUGH asked if that amount had been received.                                                                      
                                                                                                                                
SENATOR COGHILL  answered no;  we are about  5 million  short. He                                                               
explained that significantly more land  is being selected to have                                                               
the  ability to  trade land  and make  adjustments for  uses like                                                               
mountaintops. A  lot of it has  to do with the  rights-of-way for                                                               
the pipeline.                                                                                                                   
                                                                                                                                
SENATOR FAIRCLOUGH said she was still perplexed.                                                                                
                                                                                                                                
3:42:46 PM                                                                                                                    
SENATOR  FAIRCLOUGH said  she didn't  see a  fiscal note  but the                                                               
bill has a Finance referral and  in her minimal search of federal                                                               
transfer to the  state of its remaining allotment  she found that                                                               
one  of  DNR's  challenges  was  that  any  transfer  had  to  be                                                               
surveyed,  but the  federal government  couldn't  afford it;  and                                                               
that was  somehow holding  up the transfers  and she  wondered if                                                               
changing "may"  to "shall"  will require  the legislature  to pay                                                               
for it.                                                                                                                         
                                                                                                                                
3:44:29 PM                                                                                                                    
MS. MOSS  said that is a  policy call the legislature  would have                                                               
to  make. It's  quite possible  that  a portion  of these  Native                                                               
allotments are not with their  proper owner, because they haven't                                                               
been  surveyed by  BLM -  and  they have  to be  surveyed by  BLM                                                               
before they can give title.                                                                                                     
                                                                                                                                
SENATOR COGHILL said  many of these had been in  the making since                                                               
the 1930's  and he  was willing  to explore  whose responsibility                                                               
the  cost  was,   but  some  of  those  things   could  maybe  be                                                               
negotiated.                                                                                                                     
                                                                                                                                
3:45:40 PM                                                                                                                    
MARTY  PARSONS, Director,  Division  of Mining,  Land and  Water,                                                               
Department of  Natural Resources  (DNR), explained  the mechanics                                                               
behind Senator Fairclough's question  about the over-selection of                                                               
land. He explained  that the state was provided  a certain amount                                                               
of  entitlement under  the  Statehood Act  and  that was  amended                                                               
through several pieces of federal  legislation, the Alaska Native                                                               
Claims Settlement Act  (ANCSA) being one and  the Alaska National                                                               
Interest Land  Claims Act (ANILCA)  being the other. Each  one of                                                               
those  provided them  an opportunity  to select  additional lands                                                               
and  in ANILCA  they were  allowed  to over-select  by a  certain                                                               
amount as  some of  their selections  were rejected  because they                                                               
were set  aside for  the corporations to  select; the  state came                                                               
back and said it was  really important to cover those selections.                                                               
So,  the federal  government allowed  them to  select another  25                                                               
percent  over the  state's entitlement.  That sits  out there  on                                                               
lands  that have  public land  orders that  would keep  the state                                                               
from  having that  land conveyed  to it  or lands  that were  set                                                               
aside for the  corporations to select. As  their entitlements are                                                               
completed, the state's top filings fall into place.                                                                             
                                                                                                                                
SENATOR COGHILL said  he kept one other principal  in mind, which                                                               
was making  sure to not  restrict good  access in Alaska  and the                                                               
RS-2477 is  probably one of  our best  tools, but it  is becoming                                                               
weaker. They  are hard to  prove and sometimes  very contentious.                                                               
Probably a  protocol will have to  be set up for  some allotments                                                               
outside of  the RS-2477s. He said  the people who have  the right                                                               
to these  allotments have been  promised them for over  a century                                                               
and  our RS-2477s  are getting  cold  by two  centuries. We  were                                                               
supposed to assert them at a drop  dead time in the 1970s and the                                                               
people who used those in our  lifetime are no longer able to help                                                               
assert them, so records are getting harder to keep.                                                                             
                                                                                                                                
CHAIR GIESSEL asked him to define RS-2477.                                                                                      
                                                                                                                                
SENATOR COGHILL  explained that it  is a federal mining  law from                                                               
the 1800s that carries that number.  It said if you wanted access                                                               
to  public   land  through  private   property,  and   you  could                                                               
demonstrate that  you could  have that right  of access  based on                                                               
having used  these old trails if  they were used for  commerce or                                                               
trade. In Alaska,  certainly dog sleds were  probably the primary                                                               
reason  for  doing that.  The  Richardson  Road that  became  the                                                               
Richardson  Highway was  a  mud trail  to begin  with  and is  an                                                               
example of  an RS-2477.  The Iditarod  from Nenana  to Nome  is a                                                               
mail trail and that is also an RS-2477.                                                                                         
                                                                                                                                
3:50:36 PM                                                                                                                    
SENATOR BISHOP asked how many parcels have yet to be conveyed.                                                                  
                                                                                                                                
MS. MOSS answered 303 parcels according to DNR's summary.                                                                       
                                                                                                                                
SENATOR BISHOP asked how many allotments were in Anchorage.                                                                     
                                                                                                                                
MS. MOSS answered that she  didn't have specific numbers, because                                                               
they range  from about 40  acres to 160  acres, but when  the law                                                               
was repealed  in 1971,  roughly 10,000  Alaska Natives  filed and                                                               
there were over  16,000 parcels of land. She  explained that they                                                               
could file  on more than  one parcel as  long as it  didn't total                                                               
more than 160 acres.                                                                                                            
                                                                                                                                
3:53:16 PM                                                                                                                    
MS.  MOSS went  on  to the  third tab,  which  was the  sectional                                                               
analysis.  Tab four  was a  series of  "white papers"  the Tanana                                                               
Chiefs had  provided that  would answer  some of  their questions                                                               
about RS-2477s,  which was part of  the Mining Act in  1866. They                                                               
have also included a summary by  the Tanana Chiefs of the Aguilar                                                               
Case and a map showing where the Native allotments are.                                                                         
                                                                                                                                
Tab five  has the  summary report they  requested from  DNR. Some                                                               
maps were  also attached  showing some  of the  conflicting areas                                                               
that  they  trying to  get  settled  through conveyance  or  land                                                               
trades.                                                                                                                         
                                                                                                                                
Tab six held resolutions  from different organizations supporting                                                               
the bill. Tab  seven was the actual federal law  on Alaska Native                                                               
Allotments and  Tab eight  was the Aguilar  Case. She  added that                                                               
the  Native allotments  that  Senator Coghill  is  trying to  get                                                               
resolved have  already been through  a full series of  steps that                                                               
are required by BLM and had already been approved.                                                                              
                                                                                                                                
SENATOR BISHOP asked if that meant the surveys were completed.                                                                  
                                                                                                                                
MS. MOSS answered  no; but there are cases where  the holdup is a                                                               
survey.                                                                                                                         
                                                                                                                                
3:54:06 PM                                                                                                                    
SENATOR FAIRCLOUGH  asked of  the 303  allotments that  have been                                                               
transferred to the State of  Alaska that should have recognized a                                                               
Native allotment  is the federal  government was willing  to make                                                               
the state whole in the form of other acreage or cash.                                                                           
                                                                                                                                
MS. MOSS  answered the state and  BLM had entered into  an MOU to                                                               
allow land swaps  for Native allotments. However,  the concern is                                                               
that  DNR have  a real  good reason  for refusing  to deed  these                                                               
Native allotments and  Senator Coghill has asked  for a breakdown                                                               
of  each  allotment so  they  know  why  each  one had  not  been                                                               
quitclaimed.                                                                                                                    
                                                                                                                                
SENATOR  COGHILL said  that DNR  is looking  for land  swaps that                                                               
they can work with  if - for instance - a  highway has been built                                                               
through or some other public use  has taken that land and made it                                                               
not usable.                                                                                                                     
                                                                                                                                
3:55:55 PM                                                                                                                    
CHAIR GIESSEL opened public testimony.                                                                                          
                                                                                                                                
3:56:18 PM                                                                                                                    
TOM  HOSETH,  Realty  Officer,  Bristol  Bay  Native  Association                                                               
(BBNA), Dillingham, Alaska, supported SB  105. He said the Alaska                                                               
Native Allotment  Act of  1906 gave Alaska  Natives the  right to                                                               
obtain legal  title to  up to  160 acres of  land that  they use.                                                               
Word was  out that ANCSA,  passed in December 1971,  would repeal                                                               
the  Allotment Act  but it  didn't and  there were  approximately                                                               
13,000  allotment  applications  and  ANCSA did  not  repeal  the                                                               
pending applications.  Initially, the BLM rejected  the allotment                                                               
applications if the land was  located on land already selected by                                                               
the state.  This continued up  until 1979 when the  federal court                                                               
ordered the BLM to process  the applications in the Aguilar Case.                                                               
The  court ruled  that the  Allotment Act  provided a  preference                                                               
right to  all subsequent  claims to the  same land.  Several more                                                               
decisions support that  this preference right begins  on the date                                                               
the land was first used and  occupied by the applicants no matter                                                               
what date the application was  filed. Therefore, the current rule                                                               
is Allotment  applicants are  entitled to  the land  they applied                                                               
for if their use began before the state selected the land.                                                                      
                                                                                                                                
Going  forward to  2013, in  an attempt  to resolve  some Aguilar                                                               
allotment  cases that  had  been  set aside,  the  state and  BLM                                                               
announced  they  had  entered  into  an  MOU,  which  offers  the                                                               
optional relocation of certain Native  allotment parcels of lands                                                               
that  were conveyed  in error  to  the state.  In early  December                                                               
2013, the  BLM provided them  maps of  about 8 million  acres the                                                               
state opened for  relocations. BBNA has prepared  a more detailed                                                               
map  for  his  region.  He  believed  along  with  other  service                                                               
providers  that  the  relocation  option would  not  resolve  the                                                               
Aguilar  cases, because  they were  only going  to be  offered to                                                               
certain cases and with a  few exceptions the allotment applicants                                                               
would not want to relocate.                                                                                                     
                                                                                                                                
MR. HOSETH  explained that  SB 105 offers  a solution  to resolve                                                               
Aguilar allotments that were determined  valid by BLM. Once these                                                               
re-conveyances are  completed, Alaska will be  in compliance with                                                               
the  Statehood  Act,  Alaska's Constitution,  the  federal  court                                                               
order in  Aguilar v  U.S., and the  Alaska Native  Allotment Act.                                                               
Furthermore, the Department of Interior  will not have to sue the                                                               
state, which will  save a large amount of time  and resources. He                                                               
thanked Senator Coghill for sponsoring the bill.                                                                                
                                                                                                                                
4:01:01 PM                                                                                                                    
SENATOR FAIRCLOUGH asked if the  state needs to re-convey back to                                                               
the BLM the land to resolve the  issue; it can't just give it the                                                               
allotment directly?                                                                                                             
                                                                                                                                
MR.  HOSETH replied  that the  land needs  to be  re-conveyed and                                                               
then BLM will issue certificates to the allotment applicants.                                                                   
                                                                                                                                
SENATOR FAIRCLOUGH  said that  BLM has  limited resources  at the                                                               
federal level, so  she could see the state resolving  its side of                                                               
the issue by  conveying the land back to them,  but then they are                                                               
stuck where  there aren't enough  resources to convey it  back to                                                               
the proper allotment.                                                                                                           
                                                                                                                                
SENATOR COGHILL said the legal  instrument is called a quit claim                                                               
deed,  which means  the  claim is  released and  BLM  is able  to                                                               
manage it from there.                                                                                                           
                                                                                                                                
SENATOR FAIRCLOUGH said  the BLM hadn't been as  quick to respond                                                               
to other requests the state has  made, quit claim or not, and she                                                               
didn't want to set up false expectations.                                                                                       
                                                                                                                                
MR. HOSETH  said that in his  area many surveys had  already been                                                               
done for  the cases  that are  still pending,  so it  wouldn't be                                                               
such a long process.                                                                                                            
                                                                                                                                
4:03:14 PM                                                                                                                    
SHEILA  NEKETA, Land  Management Specialist,  Bristol Bay  Native                                                               
Association  (BBNA), Dillingham,  Alaska, supported  SB 105.  She                                                               
explained  that she  works specifically  on Native  allotments in                                                               
her  region  for about  8.5  years.  She assists  the  applicants                                                               
through the process with the BLM  and the state DNR. According to                                                               
a  BLM document  there are  about 301  pending Native  allotments                                                               
pending  throughout  the  state   of  Alaska;  43  valid  Aguilar                                                               
allotments are  located within the  Bristol Bay  Service Provider                                                               
boundaries. This  means that BBNA Land  Management Services works                                                               
with the  applicants and their  heirs (because a majority  of the                                                               
heirs have  been deceased; there  are second heirs  and sometimes                                                               
even third).                                                                                                                    
                                                                                                                                
She explained  that the BLM  reviews and adjudicates  the parcels                                                               
of land  that the Native  Allotment applicants have  applied for.                                                               
Once they  have determined that the  claim is valid, if  the land                                                               
has been given  to the state of Alaska erroneously,  the BLM will                                                               
request the land be returned from  the state DNR. This means that                                                               
the  DNR  will be  following  their  generalized land  conveyance                                                               
policies  and review  the  case  that the  BLM  submits to  them,                                                               
although  the case  has already  been determined  valid; the  BLM                                                               
makes sure  they do a  survey before  submitting the land  to the                                                               
DNR.  This can  be a  very lengthy  process. She  noted that  the                                                               
Native Allotment applicants and/or heirs  need to be in agreement                                                               
with  the state  DNR.   While  she has  been  working the  Native                                                               
Allotment applicants  have died in  this process and  their heirs                                                               
are waiting and some of those have died.                                                                                        
                                                                                                                                
MS.  NEKETA noted  one compelling  case, that  of John  Alexy who                                                               
died at 83 years while waiting for  title to his land; one of his                                                               
heirs has died,  and they did everything the DNR  and the BLM had                                                               
asked, but unfortunately the state  declined to re-convey and the                                                               
future of this  case is uncertain. She said she  supported SB 105                                                               
because  it would  assist  not  only this  case  but other  cases                                                               
throughout  the  entire  state concerned  with  this  issue.  She                                                               
thanked Senator  Coghill for  the bill and  for being  allowed to                                                               
speak.                                                                                                                          
                                                                                                                                
SENATOR BISHOP asked her relationship is with the BLM.                                                                          
                                                                                                                                
MS. NEKETA  said she  has a very  good working  relationship with                                                               
the  BLM;  they  ask  for  legal evidence  which  she  helps  the                                                               
applicants provide.                                                                                                             
                                                                                                                                
SENATOR  FAIRCLOUGH  asked her  to  explain  what kind  of  legal                                                               
evidence she provides to the BLM.                                                                                               
                                                                                                                                
MS.  NEKETA  replied that  the  Native  Allotment application  is                                                               
valid, timely  filed, and that  the applicant did  have exclusive                                                               
valid use and occupancy.                                                                                                        
                                                                                                                                
SENATOR FAIRCLOUGH asked  if that meant that papers  were filed a                                                               
long time  ago or that something  active is happening now  to re-                                                               
assert that claim.                                                                                                              
                                                                                                                                
MS. NEKETA replied  that she does not  provide new documentation;                                                               
they  follow   up  with  existing   documents  that   were  filed                                                               
originally  to the  Bureau of  Indian Affairs  (BIA) or  evidence                                                               
that it was submitted to the BIA.                                                                                               
                                                                                                                                
4:10:09 PM                                                                                                                    
LUCY WEEDMAN, representing herself,  Dillingham, Alaska, said she                                                               
was heir to the late John  Alexy, who was her grandfather. At the                                                               
age of  53 he  had applied  for his  Native allotment  along with                                                               
some  affidavits  from  two  well-respected  individuals  of  the                                                               
community  confirming  that  he   had  been  using  the  selected                                                               
property since 1930, a total of 83 years of documented use.                                                                     
                                                                                                                                
She said  he brought her  to his property  when she was  10 years                                                               
old; she didn't realize at first  that she would be inheriting it                                                               
someday.  They  still use  the  property  today. Her  grandfather                                                               
waited  for the  title to  be transferred  to him,  but it  never                                                               
happened. Her  brother worked  on the  land and  asking questions                                                               
about it and  thirty-three years later she, her  sister, her aunt                                                               
they have  received one notice  after another from the  state DNR                                                               
and each  heir had  complied with  all the  different conditions,                                                               
but yet they  pulled it out from under them.  It angered and hurt                                                               
them, because the land is their  life line. To date they have not                                                               
received title to the property.                                                                                                 
                                                                                                                                
4:14:15 PM                                                                                                                    
CHAIR GIESSEL asked  if she has a legitimate claim  that has been                                                               
filed and if she is just waiting for this bill to pass.                                                                         
                                                                                                                                
MS. WEEDMAN answered yes.                                                                                                       
                                                                                                                                
SENATOR MICCICHE thanked  Ms. Weedman for finding  the courage to                                                               
testify.                                                                                                                        
                                                                                                                                
4:15:02 PM                                                                                                                    
DESIREE DUNCAN,  Native Lands  Manager, Central  Council, Tlingit                                                               
Haida  Indian  Tribes  of  Alaska, supported  SB  105.  She  said                                                               
Tlingit  and  Haida represents  the  Native  land owners  in  the                                                               
Southeast region and  they have over 29,000  tribal citizens. She                                                               
said she is  also co-chair of the statewide  Tribal working Group                                                               
which represents  over 100 tribes;  all the members in  the group                                                               
support SB 105, because it  is resolves all the Aguilar allotment                                                               
cases. The applicants and their heirs  in their region and in the                                                               
state have  been waiting over 40  years to receive the  land they                                                               
used and occupied and that is rightfully theirs.                                                                                
                                                                                                                                
4:16:40 PM                                                                                                                    
MARSHA HOTCH, representing herself,  Klukwan, Alaska, heir to her                                                               
father's, Willie  Lee, allotment, who  used the land  since 1933,                                                               
supported  SB 105.  She read  a  letter from  her father  stating                                                               
their case.  In 1955  he was given  the certificate  of allotment                                                               
for  111 acres;  40 acres  was excluded  even though  they didn't                                                               
tell him  until 1958 why:  that it had  been given to  the state.                                                               
When the  Aguilar case was  decided, the 40 acres  was reinstated                                                               
and it  was one  of the  few approved during  that case.  And the                                                               
heirs are still waiting for that 40 acres.                                                                                      
                                                                                                                                
4:19:38 PM                                                                                                                    
CHAIR GIESSEL asked if they had received the 111 acres.                                                                         
                                                                                                                                
MS. HOTCH answered yes.                                                                                                         
                                                                                                                                
4:20:23 PM                                                                                                                    
EILEEN  GRANT, Allotment  Specialist,  Tanana Chiefs  Conference,                                                               
Fairbanks,  Alaska,  said  she   has  70  pending  valid  Aguilar                                                               
allotments,  and supported  SB 105.  For  most of  the cases  the                                                               
State  of Alaska  refuses to  give  the land  back, because  they                                                               
don't feel that they have  to; they feel it's discretionary. Once                                                               
the BLM  requests re-conveyance it  sometimes takes the  state 20                                                               
years to respond  if they do at  all. The few cases  they do give                                                               
back, they  have kept part  of the  land for things  like section                                                               
line easements  and rights-of-way.  In most cases  the applicants                                                               
have died because many  of the cases are 40 to  100 years old. If                                                               
the  applicants'  use  and occupancy  started  before  the  state                                                               
selection, they should  not have to give up any  of the land. She                                                               
said that some  of the applicants or their heirs  don't feel they                                                               
have the right to use the  land, because they don't have title to                                                               
it.                                                                                                                             
                                                                                                                                
4:24:03 PM                                                                                                                    
CHAIR GIESSEL  thanked them for  their testimony, and  finding no                                                               
further questions, closed public testimony.                                                                                     
                                                                                                                                
SENATOR COGHILL closed by saying  that those who testified showed                                                               
the exceeding  frustration of a  couple of generations  trying to                                                               
lay claim  to something. He felt  that the state needed  to honor                                                               
those allotments where  it can. Surveying is one  of the barriers                                                               
because  of  its cost,  but  he  thought  if everyone  put  their                                                               
shoulders to  it, not  one person  would have  to bear  the total                                                               
cost.  He was  willing to  work  on those  ways, but  he was  not                                                               
willing to sit and let this languish any longer.                                                                                
                                                                                                                                
CHAIR  GIESSEL asked  if subsurface  rights go  with the  surface                                                               
rights.                                                                                                                         
                                                                                                                                
SENATOR COGHILL answered yes, for the most part.                                                                                
                                                                                                                                
SENATOR DYSON asked  why someone from DNR hadn't  come before the                                                               
committee to explain the other side.                                                                                            
                                                                                                                                
MR. PARSONS  responded that DNR  staff continually works  on this                                                               
issue on  a regular basis. He  explained that in many  cases they                                                               
have resources, roads,  and other items that  either pre-date the                                                               
use and  occupancy of a  particular allotment that then  needs to                                                               
be made  subject to  those under  the Aguilar  case. They  have a                                                               
settlement  release  process they  go  through  where either  the                                                               
allotted or  the heirs - if  they don't re-convey 100  percent of                                                               
the "bundle of  sticks" back to the federal  government who would                                                               
then  give it  to the  allotted -  will not  sign and  return the                                                               
settlement release  documents. In many cases  settlement releases                                                               
have  been sitting  out for  10 to  20 years  that have  not been                                                               
signed and returned.  But they still continue to  work with those                                                               
individuals to  try to get them  signed. In many cases  it's just                                                               
an iterative  process back and  forth between BLM, the  state and                                                               
the  allotted   with  the  service  providers   trying  to  reach                                                               
agreements on what the re-conveyance will be subject to.                                                                        
                                                                                                                                
SENATOR DYSON asked  if he had five times as  many people working                                                               
just these issues could he clear them up in five years.                                                                         
                                                                                                                                
MR. PARSONS said they already  have dedicated staff and he wasn't                                                               
sure more  staff was the answer.  One thing they must  look at is                                                               
when land  comes to  the state,  whether erroneously  conveyed or                                                               
not,  the statute  requires DNR  to go  through a  process, which                                                               
includes a public  process and a finding to  re-convey or dispose                                                               
of land. Many times information  is in conflict with the allotted                                                               
and at  that point the state  has to work through  the process of                                                               
determining whether there is another  interest the state needs to                                                               
protect  before giving  it back  to  the BLM  to give  it to  the                                                               
allotted and  in many  cases there are  third party  interests to                                                               
work with.                                                                                                                      
                                                                                                                                
SENATOR  DYSON asked  what the  legislature can  do to  eliminate                                                               
some  of  the  state  laws  that  inhibit  getting  these  things                                                               
resolved.                                                                                                                       
                                                                                                                                
MR. PARSONS  said he couldn't  think of much that  could expedite                                                               
the process.                                                                                                                    
                                                                                                                                
4:36:29 PM                                                                                                                    
SENATOR DYSON said  he was sympathetic to the  situation they are                                                               
in, but it seems intolerable  because Senator Coghill was telling                                                               
them in SB 105 to do what they are already able to do.                                                                          
                                                                                                                                
MR. PARSONS  said the  state has  attempted through  an agreement                                                               
with BLM  to allow an  allotted voluntarily  to take a  parcel of                                                               
land that was  in a legislatively designated  area, for instance,                                                               
or some other area that was  acceptable to them on state selected                                                               
land, which  is still owned  by the  federal government. It  is a                                                               
much simpler process.                                                                                                           
                                                                                                                                
CHAIR  GIESSEL found  no  more questions  and  remarked that  she                                                               
sincerely appreciated the work Senator  Coghill was doing on this                                                               
issue. She  was thrilled that  the subsurface rights would  go to                                                               
these property owners as a legacy.                                                                                              
                                                                                                                                
SENATOR DYSON moved  to report SB 105,  version 28-LS0849\A, from                                                               
committee   with    attached   fiscal   notes    and   individual                                                               
recommendations. There were no objections and it was so ordered.                                                                

Document Name Date/Time Subjects
Appointment Commercial Fisheries - Twomley #2.pdf SRES 2/28/2014 3:30:00 PM
Bruce Twomley Supp Letter SEAFA 20140227.pdf SRES 2/28/2014 3:30:00 PM
Bruce Twomley Supp Letter UFA 20140227.pdf SRES 2/28/2014 3:30:00 PM
Twomley Supp Letter KPFA 20140228.pdf SRES 2/28/2014 3:30:00 PM
Johnson Supp Letter KPFA 20140228.pdf SRES 2/28/2014 3:30:00 PM
Appointment Commissioner DNR - Balash #2.pdf SRES 2/28/2014 3:30:00 PM
Appointment Fisheries - Johnson #2.pdf SRES 2/28/2014 3:30:00 PM
Joe Balash_Biography and Photo.pdf SRES 2/28/2014 3:30:00 PM
Fritz Johnson Supp Letter UFA 20140227.pdf SRES 2/28/2014 3:30:00 PM
Fritz Johnson Supp Letter SEAFA 20140227.pdf SRES 2/28/2014 3:30:00 PM
SB 105 vs A.pdf SRES 2/28/2014 3:30:00 PM
SB 105
SB 105 Sponsor Statement.pdf SRES 2/28/2014 3:30:00 PM
SB 105
SB 105 Sectional Analysis.pdf SRES 2/28/2014 3:30:00 PM
SB 105
SB 105 Understanding Land Status Diffentiations.pdf SRES 2/28/2014 3:30:00 PM
SB 105
SB 105 Aguilar v United States Westlaw Headnotes HIGHLIGHTED.pdf SRES 2/28/2014 3:30:00 PM
SB 105
SB 105 Allotment Map.pdf SRES 2/28/2014 3:30:00 PM
SB 105
SB 105 DNR Maps.pdf SRES 2/28/2014 3:30:00 PM
SB 105
SB 105 Reconveyance of Native Allotments & Aguilar Case.pdf SRES 2/28/2014 3:30:00 PM
SB 105
SB 105 Resolutions of Support.pdf SRES 2/28/2014 3:30:00 PM
SB 105
SB 105 RS 2477 Claims to Allotments & ANCSA Lands.pdf SRES 2/28/2014 3:30:00 PM
SB 105
SB 105 Fiscal Note.pdf SRES 2/28/2014 3:30:00 PM
SB 105
SB 105 Supp Written Testimony TomHoseth 20140228.pdf SRES 2/28/2014 3:30:00 PM
SB 105
SB 105 Supp Written Testimony LucyWeedman 20140228.pdf SRES 2/28/2014 3:30:00 PM
SB 105
SB 105 Supp Written Testimony SheilaNeketa 20140228.pdf SRES 2/28/2014 3:30:00 PM
SB 105