Legislature(2009 - 2010)BUTROVICH 205

04/08/2010 03:30 PM RESOURCES


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Audio Topic
03:35:00 PM Start
03:35:18 PM Overview from Conoco Philips
04:02:25 PM HB210
04:33:07 PM HJR40
04:45:27 PM HJR26
04:49:20 PM HCR10
04:58:35 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview from ConocoPhilips TELECONFERENCED
+ HB 210 IZEMBEK STATE GAME REFUGE LAND EXCHANGE TELECONFERENCED
Heard & Held
+= HCR 10 OPPOSE FED. CONTROL OF STATE LAND & WATER TELECONFERENCED
Heard & Held
+ HJR 26 STATEHOOD/ANCSA LAND SURVEY FUNDING TELECONFERENCED
Heard & Held
+ HJR 40 COOK INLET/KACHEMAK BELUGA POPULATION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HCR 10-OPPOSE FED. CONTROL OF STATE LAND & WATER                                                                    
                                                                                                                                
4:49:20 PM                                                                                                                    
CO-CHAIR  MCGUIRE  announced  consideration   of  HCR  10  [CSCHR
10(RES) was before the committee].                                                                                              
                                                                                                                                
4:49:30 PM                                                                                                                    
REPRESENTATIVE HAWKER, sponsor  of HCR 10, said  the issue behind                                                               
this resolution was brought to him  by a constituent and is about                                                               
the  state's  ownership  of its  submerged  lands  and  navigable                                                               
waters. It  is something that  is guaranteed by law,  the state's                                                               
constitution, and  subsequent interpretations  unless there  is a                                                               
specific federal override.                                                                                                      
                                                                                                                                
He explained that back in  1996 the National Park Service started                                                               
adopting regulations  which improperly  extend its own  claims of                                                               
management   and   enforcement   authorities   over   state-owned                                                               
navigable waters  within the units  of the National  Park System.                                                               
As  evidence  he  offered  a letter  from  the  Alaska  Citizen's                                                               
Advisory Commission  on Federal  Areas, dated February  13, 2009.                                                               
The  Commission identified  and analyzed  this problem  and asked                                                               
the  governor  to file  a  lawsuit  challenging the  regulations.                                                               
Senator Therriault  and Senator Bunde were  potential sponsors of                                                               
legislation - one of which is  gone and the other one almost gone                                                               
- so it fell to him to offer it.                                                                                                
                                                                                                                                
REPRESENTATIVE HAWKER  said the  Commission recognizes  the state                                                               
is done  with attempts at  administrative remedies and  wanted to                                                               
go to court  for a legal remedy. That language  was toned down in                                                               
the resolution, and  it now asks the administration  to "take all                                                               
available actions".                                                                                                             
                                                                                                                                
SENATOR FRENCH asked if there  is an interplay between this issue                                                               
and the Katie John case.                                                                                                        
                                                                                                                                
4:54:51 PM                                                                                                                    
DICK  MYLIUS,  Director,  Division  of Mining,  Land  and  Water,                                                               
Department  of Natural  Resources (DNR),  replied generally  not.                                                               
They both  deal with  navigable waters, but  the Katie  John case                                                               
deals with  federal reserve  water rights and  this deals  with a                                                               
park service regulation.                                                                                                        
                                                                                                                                
SENATOR FRENCH asked if anyone else might have any more to add.                                                                 
                                                                                                                                
TINA  CUNNING,   Subsistence  and  Federal   Issues  Coordinator,                                                               
Department of  Fish and Game  (ADF&G), agreed HCR 10  has nothing                                                               
to  do with  the  Katie John  case,  which has  to  do with  only                                                               
locating where the federal subsistence  priority applies in state                                                               
waters. The National Park Service  regulations issue is an ANILCA                                                               
case related  to where federal  regulations that  are promulgated                                                               
for  the management  of federal  lands can  apply off  of federal                                                               
lands onto state waters.                                                                                                        
                                                                                                                                
CO-CHAIR  MCGUIRE  adjourned  and  then  immediately  called  the                                                               
meeting back to order to allow Mr. Sturgeon to testify.                                                                         
                                                                                                                                
4:56:55 PM                                                                                                                    
JOHN STURGEON, representing himself,  supported CSHCR 10. He said                                                               
the  State  of Alaska  owns  its  submerged lands  designated  as                                                               
"navigable."  This includes  rivers  such as  the Yukon.  Several                                                               
years ago  when he was  hunting on the  Yukon, he was  stopped by                                                               
the National Park Service police and  was told he could not drive                                                               
his  5X10 ft.  hover craft  down the  Yukon. They  said they  had                                                               
legal  jurisdiction even  though they  admitted he  was on  state                                                               
land. Later,  when he returned  to Anchorage he learned  that the                                                               
state  constitution,  the  statutes,  and  regulations  all  very                                                               
clearly say the  State of Alaska has management  authority on its                                                               
navigable waters. In addition, he  learned that Section 103(c) of                                                               
ANILCA says on ANILCA designated  units federal conservation unit                                                               
regulations do  not apply to  state and  private land. It  was an                                                               
ANILCA promise that was ignored. He  said it is of little use for                                                               
the  State of  Alaska to  own  its submerged  lands on  navigable                                                               
waterways if the  National Park Service is going  to override its                                                               
management.                                                                                                                     
                                                                                                                                
4:58:35 PM                                                                                                                    
CO-CHAIR MCGUIRE  closed public testimony  and set HCR  10 aside.                                                               
Finding no  further business  she adjourned  the meeting  at 4:59                                                               
p.m.                                                                                                                            
                                                                                                                                

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