Legislature(1997 - 1998)

02/26/1997 03:42 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
        JOINT SENATE/HOUSE RESOURCES STANDING COMMITTEES                       
                       February 26, 1997                                       
                           3:42 p.m.                                           
                                                                               
                                                                               
 SENATE MEMBERS PRESENT                                                        
                                                                               
 Senator Rick Halford, Chairman                                                
 Senator Lyda Green, Vice Chair                                                
 Senator Loren Leman                                                           
 Senator Bert Sharp                                                            
 Senator Robin Taylor                                                          
 Senator Georgianna Lincoln                                                    
                                                                               
 SENATE MEMBERS ABSENT                                                         
                                                                               
 Senator John Torgerson                                                        
                                                                               
 HOUSE MEMBERS PRESENT                                                         
                                                                               
 Representative Scott Ogan, Co-Chairman                                        
 Representative Beverly Masek, Vice Chair                                      
 Representative Ramona Barnes                                                  
 Representative William K. ("Bill") Williams                                   
                                                                               
 HOUSE MEMBERS ABSENT                                                          
                                                                               
 Representative Bill Hudson, Co-Chairman                                       
 Representative Joe Green                                                      
 Representative Fred Dyson                                                     
 Representative Irene Nicholia                                                 
 Representative Reggie Joule                                                   
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 BRIEFING:  Citizens' Advisory Commission on Federal Areas                     
      - Ms. Thyes Shaub, Chairman                                              
      - Mr. Steven Porter, past Chairman                                       
      - Mr. Stan Leaphart, Executive Director                                  
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 SENATE TAPE 97-14, SIDE A                                                     
 Number 0001                                                                   
                                                                               
 CHAIRMAN RICK HALFORD called the Joint Senate/House Resources                 
 Standing Committee meeting to order at 3:42 p.m. and announced the            
 briefing from the Citizens' Advisory Commission on Federal Areas.             
 He noted that Stan Leaphart, Executive Director, has for years been           
 the spark plug behind a great deal of defense of a great deal of              
 different interests.                                                          
 THYES SHAUB, Chairman, Citizens' Advisory Commission on Federal               
 Areas, introduced members of the commission in attendance:  Mr.               
 Steve Porter, Mr. Stan Leaphart, Mr. Del Ackels, Mr. Charlie                  
 Bussell, Mr. Grant Doyle, Mr. Don Finney, Mr. Clarence Furbush,               
 Senator Sharp, and Senator Halford.                                           
                                                                               
 MS. SHAUB said the commission was formed in 1981 shortly after the            
 passage of ANILCA, which put 104 million acres of land into federal           
 conservation units and established specific requirements and                  
 restrictions on land use.  The commission was formed to watch out             
 for the interests of Alaskans and access to land in the                       
 implementation of ANILCA.                                                     
                                                                               
 MS. SHAUB noted that they had developed a good working relationship           
 with agencies within the Department of Interior and the Department            
 of Agriculture.  One of the things the commission did was initiate            
 a cooperative effort with agencies to simplify reporting                      
 requirements for air carriers operating on federal conservation               
 system units so they can file one report instead of several to a              
 number of federal agencies.  This is an example of streamlining               
 activities they do.  They have assisted guides, hunters, private              
 land owners, miners, loggers, commercial fishermen and Native                 
 organizations on public access and regulatory issues.  They have              
 submitted comments on numerous land plans and proposed federal                
 regulations such as the Tongass Land Management Plan, Endangered              
 Species Act, proposed listings, RS 2477 regulations, and other                
 regulatory issues regarding management of federal lands.                      
                                                                               
 MS. SHAUB said when the commission was first established, there               
 were five full-time staff people in addition to the 16 members.               
 They reviewed and commented on all the major land management                  
 documents for federal conservation units and assisted numerous                
 groups and individuals with their problems in dealing with the                
 federal government on management issues.  The commission is now               
 down to one staff person.                                                     
                                                                               
 MS. SHAUB noted that Mr. Leaphart is the only person in state                 
 government who checks the federal register every day and flags                
 important issues that come up.  He has a wide network of                      
 organizations and individuals to whom he gives this information on            
 a regular basis.                                                              
                                                                               
 MS. SHAUB said their annual report details the activities they have           
 been involved in over the last year.                                          
                                                                               
 Number 0139                                                                   
                                                                               
 MR. STEVE PORTER said he has noticed some trends in relation to the           
 state and federal governments.  He said the federal government has            
 influence over the state through the administration in negotiating            
 international treaties and agreements.  One example is the                    
 International Treaty on Polar Bears used last year by the U.S. Fish           
 and Wildlife Service as their regulatory authority over specific              
 oil and gas operations on the North Slope.  Therefore, we need to             
 be aware that even international treaties have an impact on                   
 Alaskans.                                                                     
                                                                               
 MR. PORTER said an important item is that international agreements            
 are generally negotiated in Washington, D.C, like the Alaska Arctic           
 Off-Shore Oil and Gas Guidelines presently being negotiated between           
 the various countries of the Arctic.  This is being done with very            
 little or no input from the State of Alaska and we have the only              
 Arctic waters in the United States.  He thought if they are meeting           
 on U.S. soil, they should meet in Alaska.                                     
                                                                               
 MR. PORTER advised that another area that affects Alaska is the               
 regulatory arena.  He said Mr. Leaphart functions as a coordinator            
 also, because he gets information and sends it out to people who              
 understand it.  A lot of the regulatory changes are being called              
 "housekeeping" changes, which suggests that this is nothing                   
 important.  What is happening, though, is the federal government is           
 actually stepping forward and increasing their regulatory                     
 authority. One of the most recent changes that has substantially              
 impacted the people of the state is the RS 2477 interim policy that           
 the Secretary of Interior just changed.  Another thing the federal            
 government does is clarification of policy, which they track also,            
 like the National Park Service "navigability water regulations."              
                                                                               
 MR. PORTER said another area they have to watch is "studies" which            
 are seldom truly studies.  Very few studies are conducted for                 
 research and understanding; most of the time there is a                       
 predetermined goal set out in advance of the study, and the study             
 does nothing more than come to the intended conclusion.  In the               
 past, they have examined some of the studies and occasionally have            
 seen the intent of the study and refuted it.  He gave an example of           
 a study done by the U.S. Fish and Wildlife Service on the Colville            
 Delta.  The concern was helicopter impacts on birds; the thesis was           
 if there was oil and gas development on the Colville Delta,                   
 helicopter overflights might cause birds to run around so much that           
 they would lose sufficient weight so they couldn't fly south for              
 the winter and would therefore die.  But they killed over 500 birds           
 and weighed their muscles to make this determination, and they                
 actually herded thousands of birds over 2 kilometers to capture               
 them.   So the study's impact was substantially greater than 20               
 years of Prudhoe Bay-type of activity.  Their formulas also                   
 randomly doubled a couple of factors.  However, once the commission           
 submitted their response to that, the study disappeared.                      
                                                                               
 MR. PORTER said we need to make it a priority to review all federal           
 regulations, whether they are couched in housekeeping terms or new            
 regulatory action.  Alaskans can comment on the policy shifts and             
 the state can sometimes act on policy.                                        
                                                                               
 Number 0269                                                                   
                                                                               
 MR. STAN LEAPHART said he has noticed over the last few months a              
 change in the posture of the federal government towards navigable             
 waters.  In July of last year, the National Park Service adopted              
 some clarification or housekeeping regulations that specifically              
 stated that their management authority extends to all waters within           
 National Parks, including navigable waters.  In their assessment,             
 working with the Attorney General's office, this flies in the face            
 of the major piece of enabling legislation for most of the park               
 units, which is the Alaska National Interest Lands Conservation Act           
 (ANILCA).  ANILCA says that state lands are not included; they are            
 not subject to federal jurisdiction on a lot of issues.  In the               
 fall of last year, the Bureau of Land Management (BLM) proposed               
 similar regulations that have to do with the management of wild and           
 scenic rivers and wild and scenic study rivers.                               
                                                                               
 MR. LEAPHART said there are six wild and scenic rivers in Alaska              
 under BLM management; interestingly enough, about four or five of             
 those are some of the largest mining areas in the whole state.                
 Once again, the BLM has authority under the Wild and Scenic Rivers            
 Act to approve or disapprove of any resource project that affects             
 a segment.  He noted that fisheries enhancement projects on this              
 river would be subject to approval or disapproval by the BLM.                 
                                                                               
 MR. LEAPHART said another set of "housekeeping" regulations are the           
 BLM law enforcement regulations which are still under review.                 
 These do not affect just Alaska, but there are some particular                
 concerns for Alaska because they tend to ignore some of the special           
 provisions Alaska was granted under the Alaska Lands Act.                     
                                                                               
 Number 0354                                                                   
                                                                               
 MR. LEAPHART said the Endangered Species Act is frequently used as            
 a political tool rather than a biological or management tool.                 
                                                                               
 MR. LEAPHART reported that there is a whole other area of                     
 international area designations, like the Man in the Biosphere                
 Reserve Program (there are 4) under the United Nations and World              
 Heritage Site Designations (there are 2).  There are an additional            
 seven areas in Alaska that have been nominated to be included on              
 the World Heritage Site list.  He didn't know enough about them to            
 know how they affected management one way or the other.                       
                                                                               
 MR. LEAPHART pointed out other concerns are the management plans              
 the federal agencies started writing since ANILCA in the early                
 1980s.  He said we are about to see in the next four or five years            
 a whole new round of planning activity for the National Parks and             
 National Wildlife Refuges in Alaska.                                          
                                                                               
 Number 0443                                                                   
                                                                               
 CHAIRMAN HALFORD commented that the federal bureaucrats at Glacier            
 Bay are attacking the 25 or 30 fishing vessels that traditionally             
 fish in Glacier Bay on behalf of increasing the number of 800-foot            
 and 900-foot cruise ships.  He thinks it is an environmental issue            
 and doesn't make any sense.                                                   
                                                                               
 REPRESENTATIVE RAMONA BARNES commented that committee members                 
 should learn about biospheric reserves because everywhere you have            
 one, it's not just the designation of that park, but the 250 miles            
 around it.                                                                    
                                                                               
 REPRESENTATIVE SCOTT OGAN asked if all the existing biosphere                 
 reserves exist in federal parks.                                              
                                                                               
 MR. LEAPHART replied that they do not.  He said he wasn't sure of             
 the difference between the heritage sites and biospheric reserves.            
                                                                               
 CHAIRMAN HALFORD noted that the commission is traditionally deleted           
 from the budget by the Governor's office and reinserted by the                
 legislature.                                                                  
                                                                               
 Number 0490                                                                   
                                                                               
 SENATOR GEORGIANNA LINCOLN said she appreciated the information               
 they have supplied to the committee.  She asked if they had                   
 requested the Attorney General to file any lawsuits in 1996.                  
                                                                               
 MR. PORTER answered that they hadn't recently, but the state filed            
 one against the National Park Service over its cabin regulations              
 and lost.                                                                     
                                                                               
 SENATOR LINCOLN said the commission is no longer able to sponsor              
 public meetings solely for gathering public input on specific                 
 issues, and it bothers her that the general public can't have                 
 access to their meetings, especially in the rural areas.                      
                                                                               
 MR. PORTER replied that one thing they try to do as a commission is           
 influence the regulators by asking them why they didn't have a                
 public meeting and basically intimidating them into allowing the              
 public to speak.                                                              
                                                                               
 MS. SHAUB said every time they have a meeting, it is public and               
 their budget doesn't allow them to travel as much as they used to.            
                                                                               
 SENATOR LINCOLN said she understood that, but it was her concern              
 that only the folks in Anchorage and Fairbanks could testify at               
 most meetings, leaving out the rural people.                                  
                                                                               
 SENATOR LINCOLN referenced a letter dated December 4 and said she             
 would be interested in the response.                                          
                                                                               
 MR. LEAPHART replied that there was no response, but what typically           
 happens is in the final regulations, they list the organizations              
 that have commented on them and summarize the comments.  It's not             
 normal to get a direct response to a particular letter.                       
                                                                               
 REPRESENTATIVE OGAN asked whether they had looked into proposed               
 regulations on trapping on federal wildlife preserves.                        
                                                                               
 MR. LEAPHART said this is one of the areas where he got copies and            
 sent it to the world.  On this issue, his concern was that there              
 was supposed to be a task force, but they "fooled around" for 90              
 days, then issued another letter saying they didn't have time to do           
 it in the time given and so just threw it out for public comment.             
 This action does not meet the requirement of the appropriation,               
 which was to put together a task force.                                       
                                                                               
 He said an argument supported by statute is that all activities on            
 a wildlife refuge are subject to compatibility determinations.                
 ANILCA, which established most of the refuges up here, while it               
 doesn't specifically authorize trapping, makes it very clear in the           
 intent language and the general authority language that it is a               
 traditional activity and will be allowed.                                     
                                                                               
 MR. PORTER said their concern was that there was an appropriation             
 for a study of leg-hold traps.  So they contacted all the trappers'           
 associations here and in the Lower 48 to let them know what was               
 going on.  What they expect to see are regulations and a                      
 determination saying that this is not proper.                                 
                                                                               
 MS. SHAUB said they are considering attending meetings in the other           
 western states to talk about areas of common interest.                        
                                                                               
 SENATE TAPE 97-14, SIDE B                                                     
 Number 0001                                                                   
                                                                               
 SENATOR ROBIN TAYLOR asked whether the Federal Land Management                
 Policy Act (FLMPA) had become law.                                            
                                                                               
 MR. LEAPHART replied yes and explained that it is sort of the                 
 organic act of BLM.  It's a general authority.                                
                                                                               
 SENATOR TAYLOR said the part that alarms him is where they proposed           
 for the federal government to contract with local enforcement                 
 officials in the performance of their duties.  Another part that              
 concerns him is, "... search, without warrant or process, any                 
 person, place, or conveyance according to any federal law or rule             
 of law and seize, without warrant or process, any evidentiary item            
 as provided by federal law."  It goes on to provide extensive                 
 penalties should one resist.  He found it frightening.                        
                                                                               
 MR. LEAPHART reiterated that these regulations have not been                  
 enacted and they are under public review; the comment period ends             
 a week from tomorrow.                                                         
                                                                               
 Number 0534                                                                   
                                                                               
 REPRESENTATIVE OGAN asked whether discharging a firearm was                   
 creating a disturbance.                                                       
                                                                               
 SENATOR LYDA GREEN said yes it was, and the wording was on page 7.            
                                                                               
 REPRESENTATIVE OGAN said he shared Senator Taylor's concerns,                 
 especially regarding our due process rights.                                  
                                                                               
 MR. GRANT DOYLE, Member, Citizens' Advisory Commission on Federal             
 Areas, said one of the things that concerns him is a provision in             
 the new statutes allowing the BLM to commandeer local law                     
 enforcement to fulfill the regulations.  They understand there will           
 be a lot of resistance; so they make us use our own police to                 
 enforce the laws.                                                             
                                                                               
 CHAIRMAN HALFORD asked where the commission would suggest they                
 prioritize financial allocations.  He asked them for a proposal               
 that is specific enough to be budget items.                                   
                                                                               
 SENATOR TAYLOR asked, regarding page 9, section 92.65.43, whether             
 subsistence use resources are regulated by BLM and other federal              
 land management agencies referenced as 50 CFR, part 100.  He asked            
 if they encompassed enforcement concepts similar to those Mr. Doyle           
 mentioned or that he referenced in the proposed regulations.                  
                                                                               
 MR. LEAPHART answered that those were Department of Interior                  
 regulations, their part of the federal subsistence regulations.               
                                                                               
 SENATOR TAYLOR asked whether the BLM became the police officers for           
 enforcing subsistence regulations on BLM land.                                
                                                                               
 MR. LEAPHART replied yes.                                                     
                                                                               
 SENATOR TAYLOR asked whether the U.S. Forest Service was the                  
 enforcement on U.S. Forest Service lands.                                     
                                                                               
 MR. LEAPHART said that is correct.                                            
                                                                               
 SENATOR TAYLOR said he thought there was significant duality in the           
 manner in which those regulations are currently being enforced.  He           
 said they are being stringently enforced on the Stikine River,                
 which is in his back yard, but he was also aware that BLM was not             
 enforcing their regulations in a similar fashion up north.  He said           
 this because he had watched people from Anchorage and Fairbanks               
 participate in subsistence activities in those communities,                   
 particularly caribou hunts, where they would literally be poachers            
 if they were enforcing the law as written.  He is very concerned              
 about that, especially because in his district right now, the new             
 proposed subsistence regulations say that no one from Ketchikan               
 will be allowed to hunt on Prince of Wales Island for deer.  He               
 thought they chose to discriminate in the manner in which they                
 enforce their own regulations.                                                
                                                                               
 Number 0445                                                                   
                                                                               
 SENATOR LOREN LEMAN asked, regarding page 11, what BLM rules must             
 he follow if he's in an outstanding natural area, if the term                 
 "outstanding natural area" is not found in existing regulations.              
                                                                               
 MR. LEAPHART answered that was an excellent question.  He said it             
 wasn't in the proposed regulations' definition of terms section.              
                                                                               
 CHAIRMAN HALFORD thanked them for their presentation, their past              
 efforts, and their ongoing efforts.  He said that concluded the               
 subject matter for their joint hearing and asked the Senate members           
 to remain to address a resolution.                                            
                                                                               
 (END OF JOINT MEETING)                                                        
                                                                               

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