03/23/2004 08:07 AM House CRA
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ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS
STANDING COMMITTEE
March 23, 2004
8:07 a.m.
MEMBERS PRESENT
Representative Carl Morgan, Chair
Representative Kelly Wolf, Vice Chair
Representative Pete Kott
Representative Ralph Samuels
Representative Albert Kookesh
MEMBERS ABSENT
Representative Tom Anderson
Representative Sharon Cissna
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 190(STA)
"An Act adding certain state-owned land and water to the Kenai
River Special Management Area; relating to the mineral estate of
the state-owned land and water in the Kenai River Special
Management Area; relating to the Kenai River Special Management
Area advisory board; and providing for an effective date."
- HEARD AND HELD; ASSIGNED TO SUBCOMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 190
SHORT TITLE: KENAI RIVER SPECIAL MANAGEMENT AREA
SPONSOR(S): SENATOR(S) WAGONER
04/16/03 (S) READ THE FIRST TIME - REFERRALS
04/16/03 (S) STA, RES
01/20/04 (S) STA AT 3:30 PM BELTZ 211
01/20/04 (S) Moved CSSB 190(STA) Out of Committee
01/20/04 (S) MINUTE(STA)
01/21/04 (S) STA RPT CS 3DP 1NR NEW TITLE
01/21/04 (S) DP: STEVENS G, COWDERY, STEDMAN;
01/21/04 (S) NR: GUESS
02/16/04 (S) RES AT 3:30 PM BUTROVICH 205
02/16/04 (S) Heard & Held
02/16/04 (S) MINUTE(RES)
02/27/04 (S) RES AT 3:30 PM BUTROVICH 205
02/27/04 (S) Moved CSSB 190(STA) Out of Committee
02/27/04 (S) MINUTE(RES)
03/01/04 (S) RES RPT CS(STA) 3DP 1NR
03/01/04 (S) DP: OGAN, STEVENS B, SEEKINS; NR: ELTON
03/05/04 (S) TRANSMITTED TO (H)
03/05/04 (S) VERSION: CSSB 190(STA)
03/08/04 (H) READ THE FIRST TIME - REFERRALS
03/08/04 (H) CRA, RES
03/23/04 (H) CRA AT 8:00 AM CAPITOL 124
WITNESS REGISTER
SENATOR THOMAS WAGONER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke as the sponsor of SB 190.
AMY SEITZ, Staff
to Senator Thomas Wagoner
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During discussion of SB 190, answered
questions.
PETER PANARESE, Field Operations
Central Office
Division of Parks & Outdoor Recreation
Department of Natural Resources
Anchorage, Alaska
POSITION STATEMENT: Testified that DNR is in support of SB 190.
PAUL SHADURA
Kenai, Alaska
POSITION STATEMENT: Testified on SB 190.
ACTION NARRATIVE
TAPE 04-10, SIDE A
Number 0001
VICE CHAIR KELLY WOLF called the House Community and Regional
Affairs Standing Committee meeting to order at 8:07 a.m.
Representatives Morgan, Wolf, Kott, and Samuels were present at
the call to order. Representative Cissna arrived as the meeting
was in progress.
SB 190-KENAI RIVER SPECIAL MANAGEMENT AREA
VICE CHAIR WOLF announced that the only order of business would
be CS FOR SENATE BILL NO. 190(STA), "An Act adding certain
state-owned land and water to the Kenai River Special Management
Area; relating to the mineral estate of the state-owned land and
water in the Kenai River Special Management Area; relating to
the Kenai River Special Management Area Advisory Board; and
providing for an effective date."
Number 0076
SENATOR THOMAS WAGONER, Alaska State Legislature, sponsor of SB
190, explained that SB 190 transfers land to the Kenai River
Special Management Area (KRSMA) and it changes the makeup of the
KRSMA Advisory Board so that it's more of a citizen advisory
board. The most contentious issue is in regard to the changes
to the KRSMA Advisory Board, which was originally intended to be
a citizen advisory board. He explained that transferring land
to KRSMA, which was established in 1984 to protect the Kenai
River system, allows the [transferred] land to be managed by
regulation. This legislation will add some 536 acres of land
that the state acquired with funds from the Exxon Valdez oil
spill (EVOS) settlement as well as a few parcels overlooked
during the original 1984 legislation. He noted that meetings
held to revise the Kenai River Comprehensive Management plan and
the Kenai Area Plan resulted in the decision that the Kenai
River should be managed as a watershed system. Therefore, to
provide the management called for in this revision, several
thousand acres would have to be added to KRSMA. Senator Wagoner
emphasized that the Kenai River needs to be protected since it's
a valuable resource that should be available for generations to
come. However, it's not feasible to add several thousand acres
at this time, which is why that land wasn't included in this
legislation. This legislation merely addresses the 560 acres of
EVOS lands.
Number 0316
SENATOR WAGONER turned to the provision in SB 190 that changes
the makeup of the KRSMA Advisory Board. He explained that
originally the legislation didn't allow state and federal agency
employees to be members of the board. However, CSSB 190(STA)
makes state and federal agency employees advisory members of the
board. Therefore, the KRSMA Advisory Board will operate as most
citizen boards in that the citizens are the voting members.
Such a makeup doesn't diminish agency input because it's very
valuable. Senator Wagoner informed the committee that he served
on the original Cook Inlet Aquaculture Board and related that
often the agencies have the ability to dominate these boards,
commissions, and committees because of their knowledge and
presence. The desire is to use the knowledge of agency members,
but allow the citizens to make the final decision.
Number 0434
REPRESENTATIVE SAMUELS asked if this legislation basically makes
the area into park land.
SENATOR WAGONER pointed out that this isn't normal state land
because the parcels being addressed were already set aside, most
of which were purchased with EVOS monies. Therefore, this
legislation would merely add land to the park system. In
further response to Representative Samuels, Senator Wagoner
specified that there are several small parcels that are adjacent
to the Kenai River.
REPRESENTATIVE SAMUELS inquired as to the number of agency
members versus citizen members currently on the KRSMA Advisory
Board.
SENATOR WAGONER noted that the only agency members left on the
KRSMA Advisory Board are the City of Soldotna, the City of
Kenai, and the [Kenai Peninsula Borough]. The [Kenai Peninsula
Borough] representative represents all the areas outside the
incorporated areas of the two cities involved. The agency
members that were made advisory members were the Kenai National
Wildlife Refuge, U.S. Forest Service, Alaska Department of Fish
& Game, Department of Natural Resources, and Department of
Environmental Conservation.
REPRESENTATIVE SAMUELS asked if the [agency] positions [that
were made advisory positions] were eliminated or replaced with
citizen members. He asked if the board became smaller.
SENATOR WAGONER opined that the board became smaller, but noted
that [the size of the advisory board] is up to the commissioner
who appoints the board members.
REPRESENTATIVE SAMUELS noted that there are 12 members [under
CSSB 190(STA)] and 17 members now.
SENATOR WAGONER related his belief that the membership [under
CSSB 190(STA)] makes it easy for the commissioner to appoint
additional, at-large community members.
Number 0670
VICE CHAIR WOLF informed the committee that the Kenai River
travels approximately 84 miles through federal, state, and
tribal lands. However, the legislation proposes to make the
agency representatives of these groups non-voting members.
Therefore, he expressed concern that the agency representatives
in charge of managing the land through which the Kenai River
flows will be non-voting members. He inquired as to the
response from the agencies.
SENATOR WAGONER said that he didn't believe there has been any
response from the agencies. He noted that the committee packet
includes a letter of support from ADF&G.
AMY SEITZ, Staff to Senator Thomas Wagoner, Alaska State
Legislature, interjected that both ADF&G and DNR support this
legislation.
SENATOR WAGONER stated that he hadn't received anything negative
from the U.S. Forest Service or the other agency. He opined
that the agencies understand that this is a citizen advisory
board and they will maintain the ability to have full input with
regard to lands managed by the agency. Senator Wagoner said
that he didn't have any problems with the agency members being
non-voting members because sometimes agency members tend to
dominate the meetings.
REPRESENTATIVE MORGAN asked if there is concern with regard to
the agencies not having voting rights on the KRSMA Advisory
Board.
Number 0922
PETER PANARESE, Field Operations, Central Office, Division of
Parks & Outdoor Recreation, Department of Natural Resources,
related that DNR reviewed the legislation and provided a lot of
input to its sponsor. He announced that DNR is in support of
it. The ex-officio membership of the government members of the
KRSMA Advisory Board is a workable situation. Over the many
years of working on this board, it has rarely been the case that
the government agency's vote has swayed an issue in one way.
Mr. Panarese emphasized that DNR representatives will continue
to be present. In further response to Representative Morgan,
Mr. Panarese said that he didn't believe this legislation would
diminish the department's participation.
Number 1006
PAUL SHADURA informed the committee that he is a resident of the
Kenai Peninsula Borough and a two-term member of the KRSMA
Advisory Board. However, he noted that he is not present to
represent the KRSMA Advisory Board, and he has not expressed his
views officially with the KRSMA Advisory Board. Mr. Shadura
thanked Senator Wagoner for introducing SB 190, and expressed
his frustration with trying to include other lands in KRSMA.
The lands this legislation targets are already being managed as
necessary for the conservation and security of the Kenai River
watershed system.
MR. SHADURA turned to the portion of the legislation that
addresses the makeup of the advisory board. He recalled that
when he first entered the advisory board, he thought that his
views or those of other citizens would be overshadowed by the
agencies. However, over time he said he realized that the
agencies solidified the advisory board process and made it a
stronger voice in the community. Mr. Shadura pointed out that
there is very little opportunity in this state for both federal
and state agencies and public citizens and users to sit at the
same table. He highlighted that most of the KRSMA Advisory
Board decisions are unanimous consent, which binds the community
and the various agencies. Within the structure of the bylaws of
the KRSMA Advisory Board, a certain amount of public members are
required to be present before a quorum can be established for a
meeting. Furthermore, agency representatives can abstain if the
representative feels that it's a sensitive or delicate issue.
Mr. Shadura opined that this legislation came about possibly
because some individuals didn't like an agency making certain
statements. Mr. Shadura said that several times he has been
frustrated with the way the [KRSMA Advisory Board] has went, but
at the same he acknowledged that the consensus process is
extremely important in a highly contentious area. The
protection of the Kenai River watershed is the most important
priority of the KRSMA Advisory Board, he said.
Number 1261
VICE CHAIR WOLF pointed out that currently the KRSMA Advisory
Board consists of nine at-large public citizens and eight
individuals who represent various agencies. He turned attention
to an e-mail, which is included in the committee packet, from
Mona Painter who is concerned with regard to the change in the
makeup of the board. The committee packet also includes a
letter from Kenai Peninsula Borough Mayor Dale Bagley who is
concerned with regard to adding additional lands to KRSMA. He
asked if the sponsor has talked with Mayor Bagley.
SENATOR WAGONER replied yes. He related his understanding that
Mayor Bagley has concerns with regard to taking any lands out of
any portion of the private sector and locking them into a park
system. He noted that Mayor Bagley said he fully understood
that the lands recommended for transfer are EVOS lands, which
were different than private lands going into the public sector
or public lands going into a lockup situation. With regard to
the letter from [Mona Painter in] Cooper Landing, Senator
Wagoner acknowledged that Cooper Landing has expressed its
desire to not have the agencies represented and to include
several thousand acres into KRSMA. However, the latter point
was how the legislation was killed in the past. Senator Wagoner
pointed out that there is no support for putting that much
additional land into KRSMA. He noted that he has explained to
Ms. Painter and others in Cooper Landing that they do have a
representative on the KRSMA Advisory Board and it's the Kenai
Peninsula Borough representative. Cooper Landing isn't an
incorporated area, otherwise it would have the same right of
representation as do the City of Soldotna and the City of Kenai.
Number 1473
REPRESENTATIVE SAMUELS turned attention to the letter in the
committee packet from Ken Lancaster, President, KRSMA Advisory
Board. Mr. Lancaster suggests that the language of the
legislation read such that an individual could be a public
member of the advisory board even if he or she happens to be an
employee of one of the non-voting agencies.
SENATOR WAGONER said that he didn't have a problem with that,
and suggested that the commissioner would have the latitude to
address that. In fact, there is currently a public member of
the KRSMA Advisory Board who happens to an employee of ADF&G.
VICE CHAIR WOLF recalled that the U.S. Forest Service and U.S.
Fish & Wildlife have compiled data with regard to the number of
angler days on the upper reaches of the Kenai River, from the
mouth of the lake to a mile below the Russian River. [That data
specifies that] currently, 550,000 angler days take place on the
upper reaches of the Kenai River. Furthermore, there is an
issue with regard to guides [on the lower Kenai River] and thus
there is a working group reviewing that sector of users. Vice
Chair Wolf expressed concern with removing the agency personnel
from the advisory board.
SENATOR WAGONER suggested that the vast majority of those
fishing in the upper Kenai River are fishing in the mouth of the
Russian River. He acknowledged that there is a problem or at
least a perceived problem with the number of guides on the lower
Kenai River. He predicted that eventually some difficult
decisions will have to be made with regard to the amount of
activity [allowed] on the Kenai River.
VICE CHAIR WOLF announced that he would like to review this
legislation further. Therefore, he assigned CSSB 190 (STA) to a
subcommittee with Representative Wolf, chair, and
Representatives Samuels and Kookesh.
CHAIR MORGAN pointed out the letter from Bill Stockwell, chair,
Cooper Landing Fish & Game Advisory Committee, who expressed
concern with regard to Section 4 of the legislation. According
to the letter, the Cooper Landing Fish & Game Advisory Committee
voted unanimously to oppose Section 4 of SB 190 at the March 18,
2004, meeting.
Number 1826
SENATOR WAGONER reiterated that Cooper Landing is the community
with the most concern and it's also the community that wants to
include another 10,000 acres, which will kill the legislation in
the Senate. Senator Wagoner reiterated that CSSB 190(STA)
maintains three agencies on the KRSMA Advisory Board, which
include two primary communities on the Kenai River and the Kenai
Peninsula Borough, which represents everyone on the entire stem
of the Kenai River. He characterized those representatives as
citizen agencies of the advisory board.
VICE CHAIR WOLF reminded the committee that SB 190 was assigned
to subcommittee.
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 8:32 p.m.
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