Legislature(2011 - 2012)BARNES 124

03/26/2012 01:00 PM RESOURCES


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Audio Topic
01:07:21 PM Start
01:07:44 PM Presentation(s): Canada's Federal Northern Pipeline Agency
01:27:13 PM HB191
02:48:22 PM HJR40
03:08:39 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Discussion w/Canada's Federal Northern Pipeline TELECONFERENCED
Agency by Chrystia Chudczak, Asst. Commissioner
*+ HJR 40 RS 2477 RIGHTS-OF-WAY TELECONFERENCED
Heard & Held
+ HB 191 DEPARTMENT OF AGRICULTURE AND FOOD TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                         March 26, 2012                                                                                         
                           1:07 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Eric Feige, Co-Chair                                                                                             
Representative Paul Seaton, Co-Chair                                                                                            
Representative Peggy Wilson, Vice Chair                                                                                         
Representative Alan Dick                                                                                                        
Representative Neal Foster                                                                                                      
Representative Bob Herron                                                                                                       
Representative Cathy Engstrom Munoz                                                                                             
Representative Berta Gardner                                                                                                    
Representative Scott Kawasaki                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION(S):  CANADA'S FEDERAL NORTHERN PIPELINE AGENCY                                                                     
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 191                                                                                                              
"An Act establishing  a state department of  agriculture and food                                                               
and relating  to its  powers and duties;  relating to  the powers                                                               
and duties  of the Department  of Environmental  Conservation and                                                               
the  Department  of  Natural  Resources;  and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 40                                                                                                   
Commending the  governor and the administration  for aggressively                                                               
working to enforce  the rights of the state in  R.S. 2477 rights-                                                               
of-way; urging the  governor and the attorney  general to develop                                                               
a  working alliance  with  other western  states  to protect  and                                                               
enforce  appropriation request  to fund  an aggressive  effort by                                                               
the state to resolve issues  relating to R.S. 2477 rights-of-way,                                                               
including  possible  litigation,  and  to  continue  to  work  to                                                               
preserve the rights  of the state in regard to  R.S. 2477 rights-                                                               
of-way.                                                                                                                         
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 191                                                                                                                  
SHORT TITLE: DEPARTMENT OF AGRICULTURE AND FOOD                                                                                 
SPONSOR(s): REPRESENTATIVE(s) THOMPSON BY REQUEST                                                                               
                                                                                                                                
03/11/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/11/11       (H)       EDT, RES, FIN                                                                                          
03/15/11       (H)       EDT AT 10:15 AM BARNES 124                                                                             
03/15/11       (H)       Heard & Held                                                                                           
03/15/11       (H)       MINUTE(EDT)                                                                                            
04/07/11       (H)       EDT RPT 3DP 1DNP 2NR                                                                                   
04/07/11       (H)       DP: THOMPSON, TUCK, FOSTER                                                                             
04/07/11       (H)       DNP: GARDNER                                                                                           
04/07/11       (H)       NR: MUNOZ, OLSON                                                                                       
04/07/11       (H)       EDT AT 8:00 AM BARNES 124                                                                              
04/07/11       (H)       Moved Out of Committee                                                                                 
04/07/11       (H)       MINUTE(EDT)                                                                                            
03/26/12       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HJR 40                                                                                                                  
SHORT TITLE: RS 2477 RIGHTS-OF-WAY                                                                                              
SPONSOR(s): REPRESENTATIVE(s) KELLER                                                                                            
                                                                                                                                
02/22/12       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/12       (H)       RES, JUD                                                                                               
03/26/12       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CHRYSTIA CHUDCZAK, Assistant Commissioner                                                                                       
Northern Pipeline Agency                                                                                                        
Government of Canada                                                                                                            
Ottawa, Ontario, Canada                                                                                                         
POSITION STATEMENT:  Provided a PowerPoint presentation on the                                                                
Alaska Highway Gas Pipeline project in Canada.                                                                                  
                                                                                                                                
FRANK RICHARDS, Deputy Federal Coordinator                                                                                      
Office of the Federal Coordinator                                                                                               
Alaska Natural Gas Transportation Projects                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered a question during the presentation                                                              
by the Northern Pipeline Agency.                                                                                                
                                                                                                                                
LYNETTE BERGH, Staff                                                                                                            
Representative Steve Thompson                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced HB 191 on behalf of the sponsor,                                                              
Representative Thompson.                                                                                                        
                                                                                                                                
JANE PIERSON, Staff                                                                                                             
Representative Steve Thompson                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the hearing on HB                                                              
191.                                                                                                                            
                                                                                                                                
JOHN POIRRIER                                                                                                                   
Alaska State Grange                                                                                                             
North Pole, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of HB 191.                                                                          
                                                                                                                                
MARIE RICE, Rancher                                                                                                             
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 191.                                                                          
                                                                                                                                
BRYCE WRIGLEY, President                                                                                                        
Alaska Farm Bureau                                                                                                              
Delta Junction, Alaska                                                                                                          
POSITION STATEMENT:  Testified in support of HB 191.                                                                          
                                                                                                                                
BRUCE WILLARD                                                                                                                   
Willard Farms                                                                                                                   
Homer, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 191.                                                                          
                                                                                                                                
BILL BURTON                                                                                                                     
Kodiak Game Ranch;                                                                                                              
President, Kodiak Farm Bureau                                                                                                   
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 191.                                                                          
                                                                                                                                
ED FOGELS, Deputy Commissioner                                                                                                  
Department of Natural Resources                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions regarding HB 191.                                                                     
                                                                                                                                
KRISTIN RYAN, Director                                                                                                          
Division of Environmental Health                                                                                                
Department of Environmental Conservation (DEC)                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions regarding HB 191.                                                                     
                                                                                                                                
REX WRIGLEY                                                                                                                     
Delta Junction, Alaska                                                                                                          
POSITION STATEMENT:  Testified in support of HB 191.                                                                          
                                                                                                                                
RUBY HOLLEMBAEK, Owner & Operator                                                                                               
Alaska Interior Game Ranch;                                                                                                     
President, Alaska Diversified Livestock Association                                                                             
Delta Junction, Alaska                                                                                                          
POSITION STATEMENT:  Testified in support of HB 191.                                                                          
                                                                                                                                
REPRESENTATIVE WES KELLER                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As the sponsor, introduced HJR 40.                                                                       
                                                                                                                                
KENT SULLIVAN, Assistant Attorney General                                                                                       
Natural Resources Section                                                                                                       
Civil Section (Juneau)                                                                                                          
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     During  hearing  of   HJR  40,  provided                                                             
information regarding R.S. 2477 rights-of-way.                                                                                  
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:07:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  PAUL   SEATON  called  the  House   Resources  Standing                                                             
Committee meeting to order at  1:07 p.m.  Representatives Seaton,                                                               
P. Wilson,  Herron, Foster,  Gardner, and  Feige were  present at                                                               
the call  to order.   Representatives  Munoz, Kawasaki,  and Dick                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
^PRESENTATION(S):  Canada's Federal Northern Pipeline Agency                                                                    
  PRESENTATION(S):  Canada's Federal Northern Pipeline Agency                                                               
                                                                                                                                
1:07:44 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON announced that the  first order of business would                                                               
be a  presentation by  Canada's Northern  Pipeline Agency  on the                                                               
Alaska Highway Gas Pipeline project in Canada.                                                                                  
                                                                                                                                
1:09:48 PM                                                                                                                    
                                                                                                                                
CHRYSTIA  CHUDCZAK,  Assistant  Commissioner,  Northern  Pipeline                                                               
Agency, Government  of Canada, said her  presentation would touch                                                               
upon three  topics:   the project and  its challenges;  Canada is                                                               
ready, engaged,  and leading;  and next steps.   She  stated that                                                               
the project will  only proceed if it is  commercially viable, the                                                               
markets   want  it,   and  the   producers  successfully   secure                                                               
customers.    Initiated  in  1977,  the  project  has  faced  the                                                               
challenges  of  volatile  global   energy  outlook  and  markets,                                                               
complex   social  expectations   that  shape   northern  resource                                                               
development, and ongoing pressures on  public services to do more                                                               
with  less.   The purpose  of the  project has  remained to  ship                                                               
natural gas from the North Slope  to the Lower 48 by the original                                                               
route   and  with   the   original  operational   infrastructure.                                                               
However, the context has changed  along with advances in pipeline                                                               
technology which allow more gas  to be pushed more safely through                                                               
smaller pipes  at higher pressures.   In addition, there  are new                                                               
environmental  laws, regulations,  and  standards  in Canada  and                                                               
elsewhere.                                                                                                                      
                                                                                                                                
1:12:14 PM                                                                                                                    
                                                                                                                                
MS.  CHUDCZAK noted  that society's  values  have shifted  toward                                                               
sustainability, ecological support, and  the introduction and use                                                               
of Aboriginal  knowledge.  She  said new global  market pressures                                                               
have been brought  by the abundance of shale  oil, Asian markets,                                                               
and  liquefied natural  gas (LNG).    She indicated  that if  the                                                               
commercial  decision is  made, three  groups  of assets  position                                                               
Canada  to  move  forward  expeditiously.   The  first  group  of                                                               
existing instruments includes  the unique bilateral international                                                               
treaty  with   the  U.S.   establishing  the   project,  Canada's                                                               
enactment  of the  Northern Pipeline  Act  which coordinates  the                                                               
planning and  construction of the project,  and Canada's granting                                                               
to TransCanada certificates of public  convenience for the entire                                                               
project.  The  second group of assets relates to  Canada being an                                                               
experienced regulator having completed stage  1 of the project in                                                               
1982.  Stage  1 involved a pipeline from  Alberta to Saskatchewan                                                               
and  into  British Columbia  which  met  750 highly  prescriptive                                                               
terms and  conditions.   The third group  of assets  includes the                                                               
regulatory framework,  in that Canada  has a  single-window model                                                               
within  the  Northern  Pipeline  Agency  which  consolidates  all                                                               
federal Canadian  authorities relevant to the  project for making                                                               
decisions,  including the  responsibility to  consult with  First                                                               
Nations.                                                                                                                        
                                                                                                                                
1:14:29 PM                                                                                                                    
                                                                                                                                
MS. CHUDCZAK  pointed out  that although Canada  is ready  on the                                                               
regulatory side,  there is  the challenge of  how to  address the                                                               
environmental  and  socioeconomic  information  gaps  that  exist                                                               
because the  project was put  on hold 30  years ago.   Canada has                                                               
decided to use  the Northern Pipeline Act which  provides for the                                                               
creation of  advisory councils to leverage  TransCanada's updated                                                               
environmental and  socioeconomic information in a  public review.                                                               
Throughout the  council process  over the course  of a  year, the                                                               
public will  be able to  express its  views to help  in defining,                                                               
identifying, and  filling those  information gaps.   This process                                                               
will give Aboriginal people and  others the chance to voice their                                                               
ideas  and concerns  that will  find  a way  into the  regulatory                                                               
decision  making.   A  report will  be sent  to  the Minister  of                                                               
Natural  Resources on  behalf of  the government  and the  report                                                               
will  be factored  into stage  2 of  the regulatory  process that                                                               
will   review  and   approve  the   conditions  associated   with                                                               
TransCanada's plans and programs.                                                                                               
                                                                                                                                
1:15:50 PM                                                                                                                    
                                                                                                                                
MS.  CHUDCZAK   said  getting  through  the   regulatory  process                                                               
expeditiously means  there must  be strong  working relationships                                                               
with industry, the public, and  government partners such as First                                                               
Nations'  governments, Yukon  and  British Columbia  governments,                                                               
and  the U.S.  and Alaska  governments.   She  stressed that  the                                                               
Government of  Canada has a  special fiduciary  relationship with                                                               
First  Nations and  Aboriginal  people, along  with  a moral  and                                                               
legal  obligation to  consult them  on decisions  affecting their                                                               
interests and  rights.   On this  project, the  Northern Pipeline                                                               
Agency  is  responsible  for  consultations   on  behalf  of  the                                                               
Canadian government.   As there are over 30  First Nations living                                                               
along the  pipeline corridor, some  with settled land  claims and                                                               
some  not,  the  law  requires  the  agency  to  take  Aboriginal                                                               
interests  into  account  when   decisions  are  made  about  the                                                               
project.    The agency  is  also  obliged  to attempt  to  secure                                                               
economic  benefits and  social opportunities  for First  Nations,                                                               
which  may  involve  providing capacity  funding.    Importantly,                                                               
First  Nations in  Canada  have helped  to  shape the  regulatory                                                               
process  for natural  resources  projects, including  integrating                                                               
traditional knowledge in regulatory  decision-making.  This is an                                                               
important  way  for  First  Nations  to  relay  their  first-hand                                                               
experience and  knowledge of the  land to those  making decisions                                                               
on  programs and  plans, and  to mitigate  concerns.   The second                                                               
special relationship  that the Government  of Canada has  is with                                                               
the U.S. and  Alaska.  The treaty established for  the project is                                                               
seen as a way to ensure  that jobs and growth are created equally                                                               
on both  sides of the border.   Canada and the  U.S. have markets                                                               
that are closely linked, a  common and close energy relationship,                                                               
and shared values  with respect to open markets,  a commitment to                                                               
strengthening  environmental protection,  and growth  through job                                                               
creation.                                                                                                                       
                                                                                                                                
1:18:41 PM                                                                                                                    
                                                                                                                                
MS. CHUDCZAK  continued, saying from Canada's  perspective, it is                                                               
leading  in streamlining  pipeline  regulations, invoking  modern                                                               
business practices, and securing  tangible outcomes, all of which                                                               
create  a model  for future  resource  projects in  Canada.   The                                                               
agency is modernizing  with technology, and will  bring tools and                                                               
talent  together  to  expedite  the   project  in  2012.    These                                                               
practices will lead to the following six outcomes:                                                                              
                                                                                                                                
   · Meet or exceed modern environmental and socioeconomic                                                                      
     standards by using a collaborative, cohesive, and                                                                          
     considered regulatory approach                                                                                             
   · Respect for existing federal approvals                                                                                     
   · Ensure safe pipeline design and construction through the                                                                   
     regulatory process                                                                                                         
   · Strive for maximum socioeconomic benefit through strong and                                                                
     productive business relationships at the local, regional,                                                                  
    and national government levels, and with First Nations.                                                                     
   · Meet Canada's duty to consult Aboriginal people through                                                                    
     cooperation and collaboration                                                                                              
   · Engage the public and industry through timely and                                                                          
     predictable processes                                                                                                      
                                                                                                                                
1:20:02 PM                                                                                                                    
                                                                                                                                
MS.  CHUDCZAK  acknowledged  there  is  no  way  to  predict  the                                                               
commercial  direction   of  the   project;  however,   Canada  is                                                               
preparing  for   the  future  in   its  regulatory   process  and                                                               
activities, in  its ongoing consultations with  First Nations, in                                                               
the  modernization of  its business,  and  in collaboration  with                                                               
other governments.   This  will ensure  long-term growth  and job                                                               
creation,  and  will  unleash North  America's  natural  resource                                                               
advantage.                                                                                                                      
                                                                                                                                
1:20:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER inquired  as  to  how the  aforementioned                                                               
bilateral  treaty  agreement between  the  U.S  and Canada  would                                                               
expedite the project.                                                                                                           
                                                                                                                                
MS.  CHUDCZAK   explained  the  treaty  contains   two  practical                                                               
commitments.   One  commitment requires  a  senior official  from                                                               
each  jurisdiction oversee  the activities  of the  project.   In                                                               
Canada,  that  official  is  the  commissioner  of  the  Northern                                                               
Pipeline  Agency.   The second  major commitment  is to  consult,                                                               
cooperate, and  collaborate on  regulatory matters;  for example,                                                               
the  Northern   Pipeline  Agency  has  ongoing   discussions  and                                                               
relationships with the U.S.  Federal Energy Regulatory Commission                                                               
(FERC).                                                                                                                         
                                                                                                                                
1:22:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI asked how  the Keystone XL Pipeline issue                                                               
would generally impact this pipeline  and others.  In response to                                                               
Ms.  Chudczak's request  for clarification,  he further  asked if                                                               
there  would  be an  impact  on  export  and development  at  the                                                               
federal level.                                                                                                                  
                                                                                                                                
MS.    CHUDCZAK   said    that   from    her   prospective    and                                                               
responsibilities, there has been no impact.                                                                                     
                                                                                                                                
1:23:09 PM                                                                                                                    
                                                                                                                                
FRANK  RICHARDS,  Deputy  Federal   Coordinator,  Office  of  the                                                               
Federal Coordinator, Alaska  Natural Gas Transportation Projects,                                                               
said the  distinct difference  between the  two projects  is that                                                               
the  Keystone   XL  pipeline   is  an   oil  pipeline,   and  the                                                               
environmental impact  statement for that project  is administered                                                               
by  the U.S.  Department of  State.   Regulation of  the proposed                                                               
Alaska natural  gas pipeline in  the U.S. falls under  the Alaska                                                               
Natural Gas Pipeline Act, and  the environmental impact statement                                                               
is  administered  by FERC.    Although  these are  two  different                                                               
processes,   both  follow   National  Environmental   Policy  Act                                                               
guidance.                                                                                                                       
                                                                                                                                
1:23:58 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON understood that  under the Northern Pipeline Act,                                                               
rolled-in rates or tolls are presumed  or required.  He asked how                                                               
rolled-in rates or tolls on expansions are regulated in Canada.                                                                 
                                                                                                                                
MS. CHUDCZAK said  she was unsure and would provide  an answer at                                                               
a later time.                                                                                                                   
                                                                                                                                
1:25:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.   WILSON  recalled   that  the   pipeline  was                                                               
initially considered  in the U.S.  30 years ago, but  nothing was                                                               
done.   She asked what  has suddenly inspired  Canada's interest,                                                               
especially in light  of the new opportunities  for gas production                                                               
in the Lower 48.                                                                                                                
                                                                                                                                
MS. CHUDCZAK replied that interest  in the pipeline was driven by                                                               
a  commercial  decision   on  the  part  of   TransCanada.    The                                                               
Government  of  Canada  is  obligated  under  the  treaty  to  be                                                               
prepared to respond to TransCanada's  compliance filings that are                                                               
expected in October 2012.                                                                                                       
                                                                                                                                
1:26:55 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON thanked the presenters for their time.                                                                          
                                                                                                                                
           HB 191-DEPARTMENT OF AGRICULTURE AND FOOD                                                                        
                                                                                                                                
1:27:13 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON announced  that the next order  of business would                                                               
be HOUSE  BILL NO. 191,  "An Act establishing a  state department                                                               
of agriculture  and food and  relating to its powers  and duties;                                                               
relating  to  the   powers  and  duties  of   the  Department  of                                                               
Environmental   Conservation  and   the  Department   of  Natural                                                               
Resources; and providing for an effective date."                                                                                
                                                                                                                                
1:28:33 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  moved to adopt the  proposed committee substitute                                                               
(CS),  Version 27-LS0458\B,  Bannister,  2/7/12,  as the  working                                                               
document.   There being  no objection, Version  B was  before the                                                               
committee.                                                                                                                      
                                                                                                                                
1:29:11 PM                                                                                                                    
                                                                                                                                
LYNETTE  BERGH,  Staff,  Representative  Steve  Thompson,  Alaska                                                               
State   Legislature,   informed  the   committee   Representative                                                               
Thompson  sponsored HB  191 at  the  request of  the Alaska  Farm                                                               
Bureau.   As  a businessman,  Representative Thompson  supports a                                                               
strong  and  diversified  Alaska  economy, and  the  Alaska  Farm                                                               
Bureau  sparked his  interest in  maintaining and  broadening the                                                               
agricultural economy  of the state  to provide a  safe, long-term                                                               
food supply.  In the  1970s, Governor Jay Hammond established the                                                               
following goals:  broaden the  economic base of the state through                                                               
agricultural production; stabilize real  food costs by increasing                                                               
local  food;   provide  alternative  job   opportunities  through                                                               
expanded  agriculture; and  improve rural  life by  developing an                                                               
economic  base through  agriculture.   In  addition, the  current                                                               
trend is  to eat locally.   Alaska has  seen a surge  in Farmer's                                                               
Markets, Alaska's disease-free potatoes  are in demand, Fairbanks                                                               
has a garden-in-the-schools program,  and greenhouses are showing                                                               
potential for success.  Representative  Thompson sponsored HB 191                                                               
in order to  hear about these and other ideas  on how to enhance,                                                               
maintain, and grow the health of  agriculture in Alaska.  At this                                                               
time most states have a  department of agriculture, with only the                                                               
exceptions of  Rhode Island and Alaska.   The proposed bill  is a                                                               
work in  progress, and she  said Representative  Thompson invited                                                               
the committee to assist in  strengthening agriculture in order to                                                               
help all Alaskans.                                                                                                              
                                                                                                                                
1:32:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  inquired  whether  provisions  regarding                                                               
horticulture would be included in the bill.                                                                                     
                                                                                                                                
1:32:58 PM                                                                                                                    
                                                                                                                                
JANE PIERSON, Staff, Representative  Steve Thompson, Alaska State                                                               
Legislature,  said horticulture  is  included in  the  bill as  a                                                               
component of farming.                                                                                                           
                                                                                                                                
CO-CHAIR  SEATON  noted   on  page  1,  line  13   of  the  bill,                                                               
horticulture  is listed  with other  fields  of the  agricultural                                                               
industry.                                                                                                                       
                                                                                                                                
1:33:44 PM                                                                                                                    
                                                                                                                                
MS. BERGH  provided a sectional  analysis beginning  with Section                                                               
1, which amends AS 03.05.010,  dealing with agriculture and food,                                                               
to  change the  responsible commissioner  to the  commissioner of                                                               
agriculture and  food, add some  responsibilities to the  list of                                                               
responsibilities,  and exempt  retail  food establishments,  food                                                               
processing,  and fish  or fisheries  product establishments  from                                                               
its coverage.   Section 2  amends AS 03.05.011(a),  which relates                                                               
to certain powers  over animals and animal  products, and exempts                                                               
retail food establishments from its coverage.                                                                                   
                                                                                                                                
1:34:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI asked whether Section  1 pulls all of the                                                               
responsibilities dealing  with agriculture from  the commissioner                                                               
of the Department of Natural Resources (DNR).                                                                                   
                                                                                                                                
MS. PIERSON replied yes.                                                                                                        
                                                                                                                                
1:35:12 PM                                                                                                                    
                                                                                                                                
MS.  BERGH,  continuing the  review  of  the sectional  analysis,                                                               
explained  that  Section 4  would  amend  statute such  that  the                                                               
proposed  Department  of  Agriculture  and Food  (DOAF)  and  its                                                               
commissioner  would be  responsible for  appointing or  employing                                                               
the state  veterinarian for animal  products over which  DOAF has                                                               
jurisdiction.   Section 5  would make  DOAF and  its commissioner                                                               
responsible  for employing  or appointing  the state  coordinator                                                               
for  noxious   weed,  invasive   plant,  and   agricultural  pest                                                               
management.                                                                                                                     
                                                                                                                                
1:35:53 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON asked whether Section  4 is the only provision in                                                               
which a  power or  duty is  being taken  from a  department other                                                               
than DNR.                                                                                                                       
                                                                                                                                
MS. PIERSON  answered no,  explaining that  the duties  are mixed                                                               
between   DNR    and   DEC.      Therefore,    there   are   many                                                               
[duties/responsibilities] that DOAF will take from DEC and DNR.                                                                 
                                                                                                                                
1:36:37 PM                                                                                                                    
                                                                                                                                
MS. BERGH, returning to the  sectional analysis, pointed out that                                                               
Sections 6 and 7 amend the  statute relating to elk farming.  The                                                               
sections  would  change  the   responsible  commissioner  to  the                                                               
commissioner of DOAF  who shall provide the  Alaska Department of                                                               
Fish & Game  (ADF&G) with copies of elk  farming applications and                                                               
licenses.                                                                                                                       
                                                                                                                                
1:36:59 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON asked if beyond  merely providing the application                                                               
and  license to  ADF&G, there  is consultation  in terms  of when                                                               
DOAF would issue a license.                                                                                                     
                                                                                                                                
MS. PIERSON offered to check that.                                                                                              
                                                                                                                                
1:37:43 PM                                                                                                                    
                                                                                                                                
MS.  BERGH, continuing  the  sectional  analysis, explained  that                                                               
Section 8 amends statute such  that the fencing standards for elk                                                               
will be  established under DOAF.   Section 9 places the  power to                                                               
regulate elk farming in DOAF.                                                                                                   
                                                                                                                                
1:38:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  surmised   that  currently  the  fencing                                                               
standards for  elk are regulated by  DNR and HB 191  would change                                                               
who regulates them but doesn't introduce a new responsibility.                                                                  
                                                                                                                                
MS. BERGH replied yes.                                                                                                          
                                                                                                                                
1:38:26 PM                                                                                                                    
                                                                                                                                
MS. BERGH  moved on to Section  10, which amends the  statute for                                                               
criminal  penalties  for  violations  of  regulations  under  the                                                               
chapter made by  the DOAF and DNR.  Section  11 establishes civil                                                               
fines for violations of quarantines  or embargos made by DOAF and                                                               
DEC.   Section 12 states  that DOAF, DEC,  or a court  may impose                                                               
civil  fines authorized  by the  chapter.   Section 13  redefines                                                               
"animal"  to exclude  fish  or fisheries  products  and adds  new                                                               
definitions to  include "commissioner"  and "department"  as DOAF                                                               
for the chapter.  Section 14  directs the commissioner of DOAF to                                                               
appoint  an employee  of DOAF  as the  director of  the Board  of                                                               
Agriculture and  Conservation to oversee the  daily operations of                                                               
the  agricultural  revolving  loan   fund  (ARLF).    Section  15                                                               
specifies  that  the  commissioner  of DOAF  will  establish  the                                                               
regulations for  disposal of  property acquired  by the  Board of                                                               
Agriculture  and  Conservation  in   order  to  ensure  that  the                                                               
property is disposed of in a  manner that maximizes the return to                                                               
the  state.   Section 16  amends statute  such that  DOAF is  the                                                               
department  responsible  for  establishing  and  maintaining  the                                                               
plant materials center and Section  17 specifies that DOAF is one                                                               
of  the agencies  that appoints  the administrator  of the  plant                                                               
materials  center.   Section 18  identifies  the commissioner  of                                                               
DOAF as  the commissioner to whom  a district judge sends  a copy                                                               
of an order related to  the establishment, addition, elimination,                                                               
or dissolution of a controlled livestock district.                                                                              
                                                                                                                                
1:40:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   P.  WILSON   related   her  understanding   that                                                               
currently  invasive animal  species are  addressed by  the Alaska                                                               
Department of  Fish & Game.   She asked if that  would remain the                                                               
case or would DOAF address such issues.                                                                                         
                                                                                                                                
MS. PIERSON  answered that [per  HB 191] invasive  animal species                                                               
would be addressed by DOAF, except for fish and fish products.                                                                  
                                                                                                                                
1:41:11 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  asked  whether the  responsibility  to  address                                                               
invasive plant species would be transferred to DOAF.                                                                            
                                                                                                                                
MS. PIERSON said  she will get back to the  committee with regard                                                               
to  invasive  plant species,  as  it  was  not addressed  in  the                                                               
legislation because it isn't part of Title 3.                                                                                   
                                                                                                                                
CO-CHAIR  SEATON  questioned  whether the  definition  of  "fish"                                                               
under Title 3  would include aquatic plants and  animals or would                                                               
it  include  what's  commonly   considered  commercial  fish  and                                                               
fisheries products.                                                                                                             
                                                                                                                                
REPRESENTATIVE  KAWASAKI related  his understanding  that aquatic                                                               
plants are regulated under ADF&G.                                                                                               
                                                                                                                                
MS. PIERSON told  the committee that the intent was  for ADF&G to                                                               
maintain the  oversight of [aquatic  plants], but she  offered to                                                               
check to be sure that is the case.                                                                                              
                                                                                                                                
REPRESENTATIVE  P. WILSON  mentioned that  there was  an invasive                                                               
species in  a harbor near  Sitka to  which the Division  of Sport                                                               
Fish  responded.   Although it's  the division's  responsibility,                                                               
the staff isn't  accustomed to such issues  and responded poorly,                                                               
she  opined.   Therefore, she  expressed interest  in moving  the                                                               
responsibility of invasive species elsewhere.                                                                                   
                                                                                                                                
1:44:07 PM                                                                                                                    
                                                                                                                                
MS.  BERGH,   returning  to  the  sectional   analysis,  directed                                                               
attention  to Section  19, which  identifies the  commissioner of                                                               
DOAF  as  the person  to  whom  one  applies  for a  brand  mark.                                                               
Section  20 specifies  that DOAF  is responsible  for determining                                                               
whether apiary  inspectors are qualified.   Sections  21-24 amend                                                               
statute such  that DOAF  is the  responsible department  for bees                                                               
and  beekeeping.     Section  25   amends  the   definitions  for                                                               
commissioner and department to DOAF.   Section 26 establishes the                                                               
role of DOAF  in assisting in the  development and implementation                                                               
in  the   farm-to-school  program.    Section   27  provides  the                                                               
commissioner of DOAF  the power to regulate food  except for fish                                                               
and fisheries products.   Section 28 specifies the  duties of the                                                               
commissioner  of DOAF  to regulate  fish and  fisheries products,                                                               
including seafood  raising and processing, and  to inspect retail                                                               
food establishments.   Sections  29 and 30  direct DOAF  to adopt                                                               
regulations   relating   to   definitions   and   standards   for                                                               
agricultural food  and to establish a  mobile canned agricultural                                                               
food products inspection  service.  Sections 31 and  32 place the                                                               
duty to regulate  hormone labeling in milk under  DOAF.  Sections                                                               
33 and  34 amend statute  to make changes  to conform to  the new                                                               
division of  responsibilities between  the departments.   Section                                                               
34 also makes stylistic and  clarifying changes.  Sections 35 and                                                               
36 separate  the responsibilities for  the sales and  labeling of                                                               
frozen meat, fish, and poultry between DOAF and DEC.                                                                            
                                                                                                                                
1:46:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DICK  requested further  clarification  regarding                                                               
Sections 35 and 36.                                                                                                             
                                                                                                                                
MS.  PIERSON  offered to  provide  information  to the  committee                                                               
after she is able to review Title 17.                                                                                           
                                                                                                                                
REPRESENTATIVE DICK related  his thought that DOAF  would be more                                                               
amenable to  getting the sales  and labeling in motion  while DEC                                                               
would seem to be more reluctant in that area.                                                                                   
                                                                                                                                
MS.   PIERSON   responded   that  she   doesn't   disagree   with                                                               
Representative Dick's thought.                                                                                                  
                                                                                                                                
1:47:55 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  interjected  that  the  aforementioned  may  be                                                               
because  DOAF  hasn't taken  over  the  food safety  inspections.                                                               
Some cooperation between the departments may be necessary.                                                                      
                                                                                                                                
MS.  PIERSON agreed,  adding that  food is  currently covered  by                                                               
both DNR and DEC.                                                                                                               
                                                                                                                                
1:48:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI  related  his understanding  that  there                                                               
will be no diminishment of  the current regulations or health and                                                               
safety standards  established by DNR  and DEC.  He  surmised that                                                               
this legislation  basically takes statutes from  DEC and statutes                                                               
from DNR and more appropriately places them within DOAF.                                                                        
                                                                                                                                
MS. PIERSON stated her agreement with Representative Kawasaki.                                                                  
                                                                                                                                
1:49:23 PM                                                                                                                    
                                                                                                                                
MS.  BERGH, continuing  her  sectional  analysis, explained  that                                                               
Section  44  allows  DOAF  to  adopt  regulations  for  efficient                                                               
enforcement of its respective portions  of AS 17.20.180.  Section                                                               
45 amends  AS 17.20.200(a) such  that it limits the  food covered                                                               
in the subsection  to fish and fisheries products  over which DEC                                                               
has responsibility.  Section 46  adds an inspection equivalent to                                                               
AS 17.20.200(a) to cover DOAF's  access and inspection authority.                                                               
Section 47  amends statute to add  DOAF as a department  that may                                                               
issue reports.  Section 48  limits the food-related subjects over                                                               
which  DEC  has jurisdiction  to  fish,  fisheries products,  and                                                               
retail   establishments.     Section  49   adds  an   information                                                               
dissemination  equivalent  to  AS 17.20.200(a)  to  cover  DOAF's                                                               
information dissemination  authority.  Section 50  amends statute                                                               
that relates  to DEC's power  to detain  or embargo fish  or fish                                                               
products  that are  dangerous or  fraudulent.   Section 51  gives                                                               
DOAF the  power to  detain or embargo  agricultural food  that is                                                               
adulterated  or  misbranded  in  a  manner  that's  dangerous  or                                                               
fraudulent.   Section  52 adds  DOAF to  the list  of departments                                                               
that can petition for condemnation of  a food.  Section 53 allows                                                               
DOAF  to  destroy  adulterated  or  misbranded  goods  under  its                                                               
purview and Section 54 provides  DOAF the oversight of relabeling                                                               
of misbranded food items under  its purview.  Section 55 provides                                                               
DOAF oversight  of destruction of  contaminated food  items under                                                               
its purview.   Section 56 gives DOAF the ability  to apply to the                                                               
superior   court  for   injunctions  against   persons  violating                                                               
provisions of  the chapter.   Section 57 amends statute  to limit                                                               
the  food-related acts  to fish,  fisheries products,  and retail                                                               
food  establishments.   Section  58  adds  an enforcement  action                                                               
equivalent to AS 17.20.290(b) to  cover DOAF's enforcement action                                                               
authority.   Section 59 amends  AS 17.20.315(c) to give  DOAF the                                                               
power  to  impose  civil  fines for  serious  violations  of  the                                                               
chapter.  Section 60 amends statute  to state that nothing in the                                                               
chapter requires  DOAF to  report minor  violations.   Section 61                                                               
makes  changes to  conform the  section  to the  new division  of                                                               
responsibilities  between  the  departments.    Section  62  adds                                                               
definitions to AS  17.20 for "agricultural food."   Section 63 is                                                               
a conforming  change.  Section  64 amends statute such  that DOAF                                                               
food inspection  receipts are in  a specific category  of program                                                               
receipts   and   reflects  the   change   in   the  division   of                                                               
responsibilities  under AS  17.20.   Section  65 amends  statutes                                                               
that relate  to the  clearing and  draining of  agricultural land                                                               
such  that  the  statute  changes  the  responsibility  to  DOAF.                                                               
Section 66  lists the new DOAF  as a principal department  of the                                                               
state.   Section  67 removes  agriculture  and soil  conservation                                                               
from DNR's responsibility.  Section  68 limits the application of                                                               
certain  provisions   because  DOAF   will  be   performing  some                                                               
activities in  the same  general categories as  DEC.   Section 69                                                               
amends statute relating  to DEC's powers such that  it limits the                                                               
application of certain  provisions to reflect DEC's  new food and                                                               
animal-related  responsibilities under  AS  03.05  and AS  17.20.                                                               
Section  70  adds  a  new  chapter to  establish  the  new  DOAF.                                                               
Section 71 amends  statute to add DOAF to  the agencies enforcing                                                               
AS  17.20 and  that  are subject  to  the general  administrative                                                               
adjudication provisions  of AS 44.62.330- 44.62.630.   Section 72                                                               
amends  statute to  change DOAF  to be  the agency  identified as                                                               
subject to the general  administrative adjudication provisions of                                                               
AS  44.62.330-AS 44.52.630  concerning the  Alaska grain  reserve                                                               
program.   Section  73 repeals  certain laws  and per  Section 74                                                               
those repeals  are effective  immediately under  AS 01.10.070(c).                                                               
Section  75 is  the effective  date of  July 1,  2014, except  as                                                               
provided in Section 74.                                                                                                         
                                                                                                                                
1:54:23 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON requested  a synopsis and a list  of the statutes                                                               
being repealed.                                                                                                                 
                                                                                                                                
1:54:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.   WILSON  observed  that  many   fiscal  notes                                                               
accompany HB  191 and requested  a total  of the amount  of funds                                                               
being taken from one department to another.                                                                                     
                                                                                                                                
MS.  PIERSON offered  to provide  the committee  with a  side-by-                                                               
side.                                                                                                                           
                                                                                                                                
1:55:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI  pointed out  that the  sponsor statement                                                               
specifies  that the  intent  of  HB 191  is  to  use the  current                                                               
Division of Agriculture's budget for the proposed DOAF.                                                                         
                                                                                                                                
MS. PIERSON confirmed that would be the idea.                                                                                   
                                                                                                                                
1:56:16 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON,  referring to  page 27,  line 21,  asked whether                                                               
the  soil and  water conservation  districts would  be under  the                                                               
DOAF rather than under DNR as is currently the case.                                                                            
                                                                                                                                
MS.  PIERSON  replied  yes.   In  further  response  to  Co-Chair                                                               
Seaton, Ms.  Pierson said that at  this time there have  not been                                                               
conversations  with  the   districts  or  district  organizations                                                               
regarding this matter.                                                                                                          
                                                                                                                                
1:57:16 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON, referring  to the  new subsection  added to  AS                                                               
17.20.230 in Section  51, asked if the  ability/authority in that                                                               
provision currently exists and is being moved from DEC or DNR.                                                                  
                                                                                                                                
MS.  PIERSON related  her belief  that because  DEC would  retain                                                               
some of the  powers [specified in the proposed  new subsection in                                                               
Section 51,  the proposed  new subsection]  adds DOAF.   However,                                                               
she  expressed   the  need  to   review  Title  17   and  provide                                                               
information on that to the committee.                                                                                           
                                                                                                                                
CO-CHAIR SEATON expressed the need  to identify those things that                                                               
are   renaming  and   changing  authority   between  departments,                                                               
repealing statutory powers, or creating new statutory powers.                                                                   
                                                                                                                                
1:59:20 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON, referring  to page 21 of HB 191,  inquired as to                                                               
why the sponsor didn't include aquatic farms in agriculture.                                                                    
                                                                                                                                
MS. PIERSON responded that the sponsor  felt it was best to leave                                                               
aquatic farms with ADF&G and  have DOAF address mostly land-based                                                               
agriculture.    In  further  response  to  Co-Chair  Seaton,  Ms.                                                               
Pierson recalled that [maintaining  aquatic farming in ADF&G] was                                                               
[desired by] the Farm Bureau.                                                                                                   
                                                                                                                                
2:01:04 PM                                                                                                                    
                                                                                                                                
JOHN  POIRRIER, Alaska  State Grange,  began by  relating support                                                               
for HB 191.   He opined that  in general HB 191  wouldn't add any                                                               
more government, but rather  would consolidate existing functions                                                               
into a single entity.   The aforementioned, he further opined, is                                                               
an action necessary to move  the state toward self-sufficiency in                                                               
terms  of the  ability to  feed the  state's citizens  long term.                                                               
The DOAF  would be better  able to  attract more people  into the                                                               
industry.    The whole  idea  of  agriculture relies  heavily  on                                                               
passing  an agriculture  business  down to  the next  generation.                                                               
The  hope  is to  create  more  opportunities for  those  seeking                                                               
employment  in  the  agriculture   industry,  which  he  said  he                                                               
believes HB 191  will move in that direction.   By elevating [the                                                               
Division of Agriculture] to a  department level, it would provide                                                               
it  more visibility  and  a more  balanced  approach to  managing                                                               
agriculture in Alaska.  As  was mentioned earlier, there are only                                                               
two states in  the nation without an agriculture  department.  He                                                               
highlighted  that  of  those  two  states,  one  is  the  largest                                                               
geographic state and one the smallest geographic state.                                                                         
                                                                                                                                
2:04:24 PM                                                                                                                    
                                                                                                                                
MARIE  RICE,  Rancher,  told  the committee  that  she  has  been                                                               
involved in ranching  and agriculture in Alaska since  1963.  She                                                               
then informed  the committee  that she  has become  involved with                                                               
sustainability.   In  fact,  this  is her  third  year with  hoop                                                               
houses.  By the end of 2012, the  goal is to have 300 hoop houses                                                               
in  the Kenai/Kodiak  area.   There have  been some  difficulties                                                               
getting a  nonagricultural community  to develop some  codes, and                                                               
therefore they need help.  The  DOAF would provide an entity that                                                               
would   more  clearly   define  agriculture.     The   geographic                                                               
challenges in Alaska support the  need for organizing and helping                                                               
people  grow their  own food.   Ms.  Rice noted  that the  Alaska                                                               
Native Claims  Settlement Act (ANCSA) took  a lot of land  out of                                                               
agricultural production, and therefore  she expressed interest in                                                               
working  with Native  Alaskans to  create a  viable use  of their                                                               
land.   In conclusion,  Ms. Rice  stated support  for HB  191 and                                                               
recalled that when  the Department of Agriculture  was reduced to                                                               
a  division  there was  concern  that  the agricultural  emphasis                                                               
would be somewhat lost, which was the case.                                                                                     
                                                                                                                                
2:07:44 PM                                                                                                                    
                                                                                                                                
BRYCE WRIGLEY,  President, Alaska Farm Bureau,  remarked that for                                                               
the  last  30   years  agriculture  has  been   [stagnant].    He                                                               
acknowledged  that in  some of  his prior  testimony he  has been                                                               
fairly critical  of DNR and  the Division of  Agriculture because                                                               
as important  as oil and  gas is there is  only so much  time for                                                               
planning  and agriculture  often is  a footnote  in the  reports.                                                               
The  importance  of  agriculture   to  Alaska  isn't  necessarily                                                               
measured  by  the  value  of its  economic  contribution  to  the                                                               
state's  economy  but  rather  in  the  security  and  the  rural                                                               
development it  can provide.   While he  understands the  role of                                                               
DNR  in administering  the state's  oil and  gas resources,  it's                                                               
important  to  understand the  importance  of  food itself.    He                                                               
recalled  disruptions  to  the transportation  system  that  have                                                               
resulted  in food  shortages on  the shelf.   In  looking to  the                                                               
future and learning  from the past, nothing has  changed the role                                                               
or importance  of transportation.   The only way that  Alaska can                                                               
have a food  security system is through  agriculture.  Therefore,                                                               
it's important  for a  department to  be organized  to administer                                                               
the role  of agriculture in  the state.   He noted that  about 95                                                               
percent  of the  food eaten  in Alaska  is imported,  which is  a                                                               
great  risk as  well as  a great  opportunity.   Therefore, there                                                               
needs  to be  a long-term  plan  for developing  a food  security                                                               
system for Alaska  that will accommodate 700,000 for  a period of                                                               
time.                                                                                                                           
                                                                                                                                
2:12:02 PM                                                                                                                    
                                                                                                                                
MR. WRIGLEY  suggested that  DOAF be  tasked with  developing and                                                               
implementing a long-term plan  for sustainable food independence.                                                               
Such a  plan would  benefit everyone  in the  state not  just the                                                               
farmers  in  the state.    He  informed  the committee  that  the                                                               
Department  of Revenue  reports  that in  fiscal  year 2010  $4.6                                                               
billion  was  brought  in  from   oil  production  revenue.    In                                                               
comparison, Alaskans  spend $2.5 billion  in food, most  of which                                                               
goes out of the state and stays  out of the state.  If 30 percent                                                               
of that  $2.5 billion  money stayed within  the state  and turned                                                               
over in  the economy,  the multiplier effect  would result  in $4                                                               
billion  worth of  economic activity  that  doesn't occur  today.                                                               
Mr. Wrigley emphasized  the need to look beyond the  last drop of                                                               
oil in the  pipeline and determine methods and  processes to keep                                                               
the  state's economy  going.   He  suggested that  $4 billion  in                                                               
economic activity is a start.                                                                                                   
                                                                                                                                
2:13:48 PM                                                                                                                    
                                                                                                                                
MR.  WRIGLEY  addressed  why  one  would  want  a  Department  of                                                               
Agriculture  and Food  as opposed  to  a division  is related  to                                                               
access.  When the governor  sits down with his/her commissioners,                                                               
there is  no commissioner for  agriculture yet there are  so many                                                               
aspects of agriculture that could  assist with the development of                                                               
other planning processes in the  various departments.  Again, the                                                               
DNR commissioner does not have  the time to deal with agriculture                                                               
given the hours of his/her time taken up by oil and gas issues.                                                                 
                                                                                                                                
2:15:12 PM                                                                                                                    
                                                                                                                                
MR. WRIGLEY acknowledged that HB  191 has an indeterminate fiscal                                                               
note, which  can be  of concern.   However, he  expressed concern                                                               
that an agency that doesn't  want the legislation to move forward                                                               
could  submit  an  exorbitantly  high  fiscal  note  knowing  the                                                               
legislation  won't move  forward because  of it.   He  reiterated                                                               
that the  legislation seeks  direction in  terms of  planning and                                                               
access.    Therefore,   he  indicated  that  the   cost  of  this                                                               
legislation  won't  be  several   million  dollars,  although  he                                                               
acknowledged that a new commissioner would  have to be hired.  He                                                               
then questioned the cost of not doing something.                                                                                
                                                                                                                                
2:15:56 PM                                                                                                                    
                                                                                                                                
MR. WRIGLEY  recalled reading that  people are held back  more by                                                               
their lack of  imagination than by their circumstances.   He then                                                               
expressed  concern that  within  the bureaucracy  the same  ideas                                                               
keep circulating  as solutions although  they haven't  worked for                                                               
30 years.   It's the lack  of imagination that keeps  the problem                                                               
from  being solved.    As  long as  people  believe  there is  no                                                               
solution,  they  seek  an  exit  plan  rather  than  a  solution.                                                               
However,  Mr. Wrigley  opined that  there is  a solution  and the                                                               
state can  have a  secure food supply.   Currently,  Alaska grows                                                               
something from all  of the food groups in  the nutrition pyramid.                                                               
Alaska can already grow a balanced  diet in Alaska, it just isn't                                                               
done enough.   In conclusion, Mr. Wrigley  emphasized that Alaska                                                               
can't  keep maintaining  the status  quo if  it is  serious about                                                               
increasing the  state's self-reliance such  that there is  a food                                                               
security system  for the  state that  guarantees people  safe and                                                               
affordable food when transportation is interrupted.                                                                             
                                                                                                                                
2:18:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FOSTER   recalled  that  Mr.   Wrigley  mentioned                                                               
agriculture in  terms of  food security  and potential  for rural                                                               
development.  He inquired as to potential examples of those.                                                                    
                                                                                                                                
MR. WRIGLEY said  that Tim Meyers in Bethel is  a good example of                                                               
a  remote  rural  area  that can  benefit  from  an  agricultural                                                               
project, albeit small.  Mr. Meyers  is growing fresh food that is                                                               
sold in  the local stores.   Although there are only  two million                                                               
farmers,  nationwide  agriculture  has  always  been  a  big  job                                                               
creator  as agriculture  accounts  for about  14  percent of  all                                                               
jobs.   Agriculture  isn't just  about growing/raising  the food,                                                               
it's also about processing and selling it.                                                                                      
                                                                                                                                
2:20:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI agreed  that  the administration  hasn't                                                               
put in a  lot of time on agriculture and  thanked Mr. Wrigley for                                                               
his  time working  on this  issue.   He then  inquired as  to why                                                               
agriculture should be a separate department  as it would add to a                                                               
bureaucracy that's already fairly large.                                                                                        
                                                                                                                                
MR.  WRIGLEY pointed  out that  the most  important functions  of                                                               
government or  life are shelter,  food, and water.   However, the                                                               
state isn't providing  food.  He highlighted the  issue of access                                                               
recalling  when the  Port  of  Anchorage froze  in  1989 and  the                                                               
grocery  store  shelves  were  bare.   He  then  highlighted  the                                                               
aftermath  of Hurricane  Katrina when  it took  two weeks  to get                                                               
food into  an area with  an emergency  plan and that  was located                                                               
only 100  miles away  from food  sources.   Alaska, on  the other                                                               
hand, is  much farther  away from its  food sources.   Therefore,                                                               
the question  is what Alaska  would do when  something interrupts                                                               
the  transportation system,  which  will inevitably  happen.   He                                                               
then  expressed  confidence  that  there is  the  opportunity  to                                                               
establish  processes to  address [the  potential interruption  in                                                               
the  transportation  system  that   would  impact  Alaska's  food                                                               
source].                                                                                                                        
                                                                                                                                
2:24:54 PM                                                                                                                    
                                                                                                                                
BRUCE WILLARD, Willard Farms, informed  the committee that he has                                                               
been involved  in agriculture, beef cattle  commercially in Homer                                                               
since 1959.   As has been mentioned, agriculture seems  to take a                                                               
back seat.   For people  to become involved in  agriculture takes                                                               
money.   He  indicated the  need for  a secure  market for  one's                                                               
product and for  the state to be behind [agriculture].   In terms                                                               
of the  beef industry,  he highlighted that  for years  the rumor                                                               
has  been that  the  slaughter  house is  going  to close,  which                                                               
doesn't entice  folks to enter  the beef industry.   Furthermore,                                                               
there  are  many people  who  have  been  waiting for  years  for                                                               
leases.   For example, after  holding the Fox River  Valley lease                                                               
in Homer  for 40-50 years, Mr.  Willard could only obtain  a one-                                                               
year  renewal  once  it  came   up  for  renewal.    Mr.  Willard                                                               
emphasized the need  for a department of agriculture  so there is                                                               
only one place for people [in agriculture] to go.                                                                               
                                                                                                                                
2:28:31 PM                                                                                                                    
                                                                                                                                
BILL BURTON,  Kodiak Game Ranch;  President, Kodiak  Farm Bureau,                                                               
agreed  that  the  leases  are  a large  problem.    He  recalled                                                               
transitioning  from the  federal [leases]  to the  state [leases]                                                               
when he went without a lease  for nine years, which makes it very                                                               
difficult to  get a  [loan].  A  department of  agriculture would                                                               
make a huge difference in  this regard, particularly since DNR is                                                               
more interested  in oil leases.   A long-term lease would  make a                                                               
huge difference in terms of  livestock.  He then turned attention                                                               
to the  bear predation of cattle  and noted that in  the Lower 48                                                               
ranchers are reimbursed  for predation.  While  he clarified that                                                               
he isn't  advocating for the aforementioned  necessarily, he went                                                               
into game ranching  because of the bear predation  on his cattle.                                                               
Mr.  Burton asserted  that Kodiak  and the  Aleutian Islands  are                                                               
outstanding  locations  to  raise  livestock,  which  are  sorely                                                               
needed in Alaska.   Also, there's the capability  to produce much                                                               
more  livestock  in  Alaska than  is  currently  being  produced.                                                               
Although ANCSA  took quite a  bit of  the ranch lands  in Kodiak,                                                               
potential  remains   in  Kodiak   and  elsewhere.     Mr.  Burton                                                               
reiterated the difficulty with obtaining leases.                                                                                
                                                                                                                                
2:32:15 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON interjected that the  hope is to address the long                                                               
timeframes with leases by placing more  staff in DNR to deal with                                                               
the leases and permits.                                                                                                         
                                                                                                                                
2:32:41 PM                                                                                                                    
                                                                                                                                
MR. BURTON, in  conclusion, remarked that the current  DNR is one                                                               
of the most agriculture-minded the  state has had, but that could                                                               
change  with a  different  administration.   Therefore, having  a                                                               
separate  department of  agriculture  would address  many of  the                                                               
problems.                                                                                                                       
                                                                                                                                
2:34:23 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  asked whether DNR has  a position on HB  191 and                                                               
whether it would elevate agriculture in Alaska.                                                                                 
                                                                                                                                
2:34:43 PM                                                                                                                    
                                                                                                                                
ED FOGELS, Deputy Commissioner,  Department of Natural Resources,                                                               
related that DNR doesn't have a  position on HB 191.  However, he                                                               
stated that DNR has put a  lot of effort into the agriculture and                                                               
has  made   some  progress,  but  allowed   that  establishing  a                                                               
department of agriculture would  certainly elevate the visibility                                                               
of the agricultural industry.                                                                                                   
                                                                                                                                
2:35:48 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON noted  that HB  191 wasn't  introduced to  knock                                                               
DNR, but  rather to help  enhance the position of  agriculture in                                                               
the state.   Speaking to Ms. Ryan, Co-Chair  Seaton asked whether                                                               
DEC sees anything in Version  B that would compromise [the health                                                               
of   agriculture]  or   the  cooperation   between  the   various                                                               
regulatory bodies.                                                                                                              
                                                                                                                                
2:37:19 PM                                                                                                                    
                                                                                                                                
KRISTIN  RYAN,   Director,  Division  of   Environmental  Health,                                                               
Department of Environmental Conservation,  pointed out that under                                                               
Version B  the state  veterinarian's office  would be  moved from                                                               
the Division of  Environmental Health within DEC  to the proposed                                                               
DOAF.  The  state veterinarian oversees several  programs for the                                                               
production  of animal  products, primarily  milk and  cheese, for                                                               
human consumption.   The legislation also removes  the ability of                                                               
the  Division of  Environmental Health  to regulate  agricultural                                                               
foods   and  provides   that  authority   to  the   new  proposed                                                               
department,  while  leaving  retail   food  and  seafood  in  the                                                               
Division  of  Environmental  Health.   Ms.  Ryan  identified  the                                                               
processing  of non-agricultural  food as  an area  that's missing                                                               
from  the  legislation.   The  Division  of Environmental  Health                                                               
permits  about 170  food processors  in Alaska,  the majority  of                                                               
which  are non-agriculturally  based  foods.   Such foods  aren't                                                               
covered under DEC or the proposed DOAF.                                                                                         
                                                                                                                                
2:40:51 PM                                                                                                                    
                                                                                                                                
REX  WRIGLEY said  he is  in favor  of the  reinstatement of  the                                                               
[proposed DOAF] because farmers  can realize what's needed better                                                               
since  it's their  livelihood.   He  highlighted that  throughout                                                               
civilizations food has  been one of the  first things considered.                                                               
Therefore, [there should be a department] governing food.                                                                       
                                                                                                                                
2:43:17 PM                                                                                                                    
                                                                                                                                
RUBY HOLLEMBAEK,  Owner & Operator,  Alaska Interior  Game Ranch;                                                               
President, Alaska  Diversified Livestock  Association, summarized                                                               
her  written  statement,  which was  included  in  the  committee                                                               
packet, as follows [original punctuation provided]:                                                                             
                                                                                                                                
     The  Alaska Department  of Agriculture  and Food  would                                                                    
     work  with officials  on the  local, state  and federal                                                                    
     level  to   benefit  all   Alaskans  involved   in  the                                                                    
     agriculture  industry.     When  Alaska  regains  their                                                                    
     Department  of Agriculture,  they would  regain control                                                                    
     of their own  budget.  No industry can  be supported as                                                                    
     an afterthought.  That is  what Alaskan agriculture has                                                                    
     become over the last 2.5 decades, an afterthought.                                                                         
                                                                                                                                
     "In  a   report  prepared   (February  15,   2010)  for                                                                    
     President  Barack   Obama  and  Secretary  of   the  US                                                                    
     Department of  Agriculture, Tom  Vilsack, and  based on                                                                    
     forums  conducted by  State USADA  Alaska Farm  Service                                                                    
     Agency  Danny  Consenstein  and Alaska  State  Director                                                                    
     USDA  Rural  Development  Jim  Nordlund  the  following                                                                    
     facts  were derived  from meetings  held across  Alaska                                                                    
     (Fairbanks, Kotzebue, Juneau  and Anchorage) to provide                                                                    
     input  on what  works and  what does  not work  when it                                                                    
     comes  to job  creation  and  retention, especially  in                                                                    
     rural  Alaska.   Three areas  for potential  job growth                                                                    
     emerged from all four meetings:                                                                                            
                                                                                                                                
        · Food Systems                                                                                                          
        · Renewable energy/energy efficiency                                                                                    
        · Rural Infrastructure                                                                                                  
                                                                                                                                
     I  see an  Alaska  Department of  Agriculture and  Food                                                                    
     being  able  to provide  economic  growth  in food  and                                                                    
     agriculture  for our  state in  jobs  with money  being                                                                    
     reinvested in  Alaska.  I  see it working  closely with                                                                    
     the  Department of  Economic and  Community Development                                                                    
     with  efforts  of  increasing  the  industry,  not  for                                                                    
     industry  sake but  for making  our  state stronger  by                                                                    
     providing  agricultural endeavors  that  look at  food,                                                                    
     fiber and fuel.  My husband  and I operate a game ranch                                                                    
     with bison and elk.   A Department of Agriculture would                                                                    
     work with  ranches such  as ours,  to increase  the red                                                                    
     meat  industry for  our state.   A  reinstatement of  a                                                                    
     Department of Agriculture  would promote revitalization                                                                    
     for  Alaska's  livestock  industry.    Not  only  would                                                                    
     producers  provide red  meat, they  would also  provide                                                                    
     jobs for  Alaskans.  Alaskan agriculture  would head up                                                                    
     endeavors such as alternative  fuels like barley burner                                                                    
     stoves, straw pellet  stoves and biomass possibilities.                                                                    
     This  department  would  define  and  nurture  economic                                                                    
     opportunity, including  technology development,  in the                                                                    
     food,  fuel  and fiber  sectors.    A department  would                                                                    
     support growth in Alaskan agriculture  by serving as an                                                                    
     advocate  at  the  local,   state  and  federal  level;                                                                    
     defining   and  nurturing   economic  opportunity   and                                                                    
     enhancing  the  stewardship  of  natural  resources  on                                                                    
     agricultural land.  We are truly a renewable resource.                                                                     
                                                                                                                                
     It's also about food security.   Maybe a person walking                                                                    
     around  Alaska  wearing  an   FAA  (Future  Farmers  of                                                                    
     America) jacket doesn't get the  same head turning as a                                                                    
     jacket from  a petroleum based company,  but it should.                                                                    
     It  should   be  a  real  head-turner.     Agricultural                                                                    
     producers for  our state would influence  job creation,                                                                    
     security and  economic development.  It  would increase                                                                    
     regional  and local  food security.   It  would support                                                                    
     economically  efficient  and  ecologically  sustainable                                                                    
     agriculture.   Family  friendly farming  are not  dirty                                                                    
     words.   We  might get  dirty farming  but we  are very                                                                    
     friendly.                                                                                                                  
                                                                                                                                
     All  other  states  except  the  largest  and  smallest                                                                    
     (Alaska  &   Rhode  Island),   have  a   cabinet  level                                                                    
     department for  agriculture.  We  had one too  until, I                                                                    
     believe  the  early  1960's,  just  prior  to  the  oil                                                                    
     pipeline.  We  are special, not having  a cabinet level                                                                    
     department  of agriculture  is  not a  good  way to  be                                                                    
     special.   North  Dakota  now surpasses  us  as an  oil                                                                    
     producing  state,  the  boom has  come  and  gone  once                                                                    
     again.  It  is time to apologize  to farmers, ranchers,                                                                    
     producers  and agriculture  operators around  the state                                                                    
     for putting  them on the  back burner as  an economical                                                                    
     viability, for  taking their industry out  of a cabinet                                                                    
     level status and placing them  as a division under DNR.                                                                    
     Our forefathers  never intended that.   They  knew that                                                                    
     Alaska   needed  agriculture.     They   knew  it   was                                                                    
     imperative as a  state, to be able to  feed, clothe and                                                                    
     keep themselves warm was just  as important as any gold                                                                    
     that was sought after.                                                                                                     
                                                                                                                                
     It  is  time  to  reinstate the  Alaska  Department  of                                                                    
     Agriculture.    It  is  time   to  support  the  Alaska                                                                    
     Department of Agriculture and Food, HB 191.                                                                                
                                                                                                                                
2:47:47 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON then announced that HB 191 would be held over.                                                                  
                                                                                                                                
                  HJR 40-RS 2477 RIGHTS-OF-WAY                                                                              
                                                                                                                                
2:48:22 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON announced that the  final order of business would                                                               
be HOUSE  JOINT RESOLUTION  NO. 40,  Commending the  governor and                                                               
the  administration  for  aggressively  working  to  enforce  the                                                               
rights  of  the state  in  R.S.  2477 rights-of-way;  urging  the                                                               
governor and the  attorney general to develop  a working alliance                                                               
with  other western  states to  protect and  enforce the  states'                                                               
interests in  ensuring access  using rights-of-way  authorized by                                                               
R.S.  2477;  urging the  governor  and  the attorney  general  to                                                               
support the State of Utah and  the southern counties of Utah in a                                                               
lawsuit  against  the  federal government  concerning  R.S.  2477                                                               
rights-of-way,  including filing  an amicus  brief in  support of                                                               
Utah;  urging  the  governor  to   dedicate  state  resources  to                                                               
establish,  protect, and  enforce the  state's interests  in R.S.                                                               
2477 rights-of-way  and to  preserve state  rights-of-way against                                                               
encroachment by  the federal government;  urging the  governor to                                                               
reestablish a  federalism section  in the  Department of  Law and                                                               
sections  in   the  Department  of  Natural   Resources  and  the                                                               
Department of  Fish and Game  to support the preservation  of the                                                               
state's  rights  and powers  in  compact  cases; and  urging  the                                                               
governor  to   prepare  an  appropriation  request   to  fund  an                                                               
aggressive  effort by  the state  to resolve  issues relating  to                                                               
R.S. 2477  rights-of-way, including  possible litigation,  and to                                                               
continue to  work to preserve the  rights of the state  in regard                                                               
to R.S. 2477 rights-of-way.                                                                                                     
                                                                                                                                
2:48:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WES KELLER,  Alaska State  Legislature, began  by                                                               
explaining that R.S. 2477 stands  for Revised Statutes 2477 1866,                                                               
which  basically says  that [the  state] can  obtain right-of-way                                                               
across  federal  land because  the  federal  government wants  to                                                               
encourage development.  Representative  Keller specified that the                                                               
intent of  HJR 40 is to  commend the governor and  the Department                                                               
of Law (DOL)  for the progress made while  recognizing the things                                                               
that still  need to be done.   He highlighted that  there is time                                                               
sensitivity  with  R.S.  2477s   because  as  the  state's  older                                                               
citizens die, the information necessary  to verify the R.S. 2477s                                                               
is lost.                                                                                                                        
                                                                                                                                
2:50:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI  directed attention  to page 2,  line 14,                                                               
which  is a  "WHEREAS"  provision that  addresses  the number  of                                                               
rights-of-way already  in statute.   He noted that  Department of                                                               
Natural Resources (DNR) has identified  67 additional R.S. 2477s.                                                               
He then inquired as to how the R.S. 2477 process doesn't work.                                                                  
                                                                                                                                
REPRESENTATIVE KELLER  pointed out  that just  because rights-of-                                                               
way are  identified in statute  doesn't mean they  are recognized                                                               
by the U.S.  Department of Interior and the  U.S. Forest Service.                                                               
Therefore, the state  has to adjudicate.  He  then suggested that                                                               
the  state  needs  to  put more  resources  behind  the  existing                                                               
process  in  order  to have  accurate  records.    Representative                                                               
Keller  then recommended  that the  DOL  representative would  be                                                               
better to answer Representative Kawasaki's question.                                                                            
                                                                                                                                
2:52:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI inquired  how  much money  has been  put                                                               
toward this  issue so far.   He  recalled that the  committee was                                                               
told that up to $8 million  of general funds was attached to this                                                               
year's budget [for R.S. 2477s].                                                                                                 
                                                                                                                                
REPRESENTATIVE  KELLER stated  that  litigation and  adjudication                                                               
costs money.  The recent expansion  of the attorney is an example                                                               
of  the  funds   appropriate  in  the  past.     He  related  his                                                               
understanding that $600,000 has been set aside for R.S. 2477s.                                                                  
                                                                                                                                
2:53:23 PM                                                                                                                    
                                                                                                                                
KENT  SULLIVAN,  Assistant  Attorney General,  Natural  Resources                                                               
Section,  Civil Section  (Juneau),  Department of  Law, told  the                                                               
committee  that he  is the  attorney that  has been  assigned and                                                               
dedicated to the  R.S. 2477 issues.  Since his  hire in December,                                                               
he has attempted to revamp  the R.S. 2477 prosecution strategy in                                                               
order  to resolve  claims more  quickly and  push things  forward                                                               
more efficiently  than has occurred  in the  past.  To  that end,                                                               
Mr.  Sullivan and  a representative  from DNR  traveled to  Utah,                                                               
which  has aggressively  pursued R.S.  2477s, to  learn from  its                                                               
successes and failures.  In fact,  in the next three or so months                                                               
Utah  will  file  23  different  cases  on  approximately  18,000                                                               
separate R.S. 2477 plans.   Furthermore, Utah has had about 10-20                                                               
years of  experience in the  litigation of  R.S. 2477 plans.   He                                                               
said that the  trip to Utah has proven helpful.   For example, he                                                               
has  helped DOL  put together  a prosecution  strategy such  that                                                               
Alaska  will  put  forth  its best  cases  first  because  Alaska                                                               
doesn't have much precedent on  R.S. 2477s.  Therefore, it's very                                                               
important  in moving  forward that  Alaska  establish strong  and                                                               
favorable precedent  from the  beginning.  He  noted that  he has                                                               
identified such cases and is  seeking approval to move forward on                                                               
litigation now.   Furthermore, the intent is to  attempt a multi-                                                               
faceted  approach rather  than only  using litigation  to resolve                                                               
R.S.  2477 claims.    For instance,  he  is reviewing  confirming                                                               
public access rights  through Title 5 of the  Federal Land Policy                                                               
and Management Act  of 1976 (FLPMA).  Since the  passage of FLPMA                                                               
and R.S. 2477  has been repealed there has been  reluctance to do                                                               
that because  under FLPMA the rights-of-way  aren't perpetual and                                                               
could only  be granted for  25 years at  a time.   The department                                                               
also wants to  use the recordable disclaimer  of interest process                                                               
the state has  been using for navigable waterways.   Although the                                                               
Bureau of  Land Management  (BLM) has been  reluctant to  use the                                                               
aforementioned process  for R.S. 2477s  in the past, the  hope is                                                               
that the pressure  on the federal government in  Utah will result                                                               
in a repositioning  of that stance.  Mr.  Sullivan further stated                                                               
that DOL wants to review  having these rights-of-way confirmed by                                                               
the land  planning process of  the federal government,  which has                                                               
been successful in some cases in Utah.                                                                                          
                                                                                                                                
2:59:10 PM                                                                                                                    
                                                                                                                                
MR.  SULLIVAN  explained that  DOL  is  attempting to  supplement                                                               
DNR's  R.S. 2477  files.   When  the initial  set  of roads  were                                                               
identified and  codified by  the legislature  as R.S.  2477s, the                                                               
real  effort  was  identifying them  and  ensuring  that  certain                                                               
minimum  criteria were  met in  identifying them  as R.S.  2477s.                                                               
The focus wasn't  on what it would take to  prosecute a claim all                                                               
the way  through litigation.   He emphasized  that there's  a lot                                                               
that  goes into  a file  to successfully  prosecute something  in                                                               
court, and therefore  the files need to be supplemented.   One of                                                               
the  things  needed is  the  identity  of witnesses  and  witness                                                               
testimony.  These witnesses are  going to be individuals who have                                                               
knowledge  of use  and existence  of these  roads prior  to 1969.                                                               
Therefore,  there  needs  to  be  public  outreach  in  order  to                                                               
identify these  people and  place the  information in  the files.                                                               
Lastly, there needs  to be a process to lock-in  the testimony in                                                               
order  to use  it.   The  aforementioned can  be accomplished  by                                                               
petitioning the court to do pre-litigation depositions.                                                                         
                                                                                                                                
3:01:29 PM                                                                                                                    
                                                                                                                                
MR. SULLIVAN  then informed the  committee that DOL  is currently                                                               
involved  in R.S.  2477  litigation  in a  case  filed by  Ahtna,                                                               
Incorporated out  of Copper Center.   The case is in  state court                                                               
and  the  state hopes  to  achieve  promising  results.   As  was                                                               
mentioned earlier, DOL is  considering initiating litigation very                                                               
shortly in federal  court on some of the best  case examples that                                                               
have  been identified.   Mr.  Sullivan related  his understanding                                                               
that in  the past there was  a Statehood Defense Unit  within DOL                                                               
and that  unit existed as  a separate budgetary  component within                                                               
the department through fiscal year 2010.   At the time the agency                                                               
was subsumed within DOL, that  unit had five attorneys that dealt                                                               
with navigability,  R.S. 2477s,  the Endangered Species  Act, and                                                               
subsistence  program issues.   He  highlighted  that such  issues                                                               
were dealt with before the creation  of the unit as well as after                                                               
the creation of the unit.   Although the only difference was that                                                               
there  was  the identity  of  a  separate  unit within  DOL  that                                                               
received a  separate budgetary component, it  was discovered that                                                               
having   a  separate   unit  placed   constraints  in   terms  of                                                               
supervision and management  and wasn't the most  efficient use of                                                               
time.  Therefore, in fiscal year  2010 the unit was dissolved and                                                               
the  functions and  litigation is  being handled  by the  Natural                                                               
Resources Section  within DOL.   For example, his  position deals                                                               
with  state's rights  through  R.S. 2477s  and  there is  ongoing                                                               
litigation with regard to access  through navigable waters in the                                                               
national parks.                                                                                                                 
                                                                                                                                
3:04:47 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  directed attention  to the  language on  page 3,                                                               
lines  22-24,   which  urges  the   governor  to   reestablish  a                                                               
federalism section  within DOL.   However,  he recalled  that Mr.                                                               
Sullivan said  that was determined  not to be the  most efficient                                                               
way to  do things.  Therefore,  he inquired as to  Mr. Sullivan's                                                               
thoughts.                                                                                                                       
                                                                                                                                
MR. SULLIVAN  said that DOL  is still  reviewing that it  and may                                                               
provide  comments on  that point  later.   He  clarified that  he                                                               
merely  wanted  to  provide  the   committee  with  some  history                                                               
regarding that particular component.                                                                                            
                                                                                                                                
CO-CHAIR SEATON then requested DOL's  comments on that section in                                                               
a  timely  manner  because  the  committee  wants  to  bring  the                                                               
resolution before it again soon.                                                                                                
                                                                                                                                
3:07:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ suggested  that  that the  language in  the                                                               
"FURTHER RESOLVED"  located on  page 3,  lines 22-27,  be removed                                                             
and the resolution moved forward.                                                                                               
                                                                                                                                
3:07:33 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON pointed out that  this is an introductory hearing                                                               
of only  15 minutes.  He  reminded the committee that  he doesn't                                                               
intend to forward  the resolution today.  He  then suggested that                                                               
Representative  Munoz   could  work  with  the   sponsor  on  the                                                               
provision.  With that, HJR 40 was held over.                                                                                    
                                                                                                                                
3:08:39 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Resources Standing Committee meeting was adjourned at 3:08 p.m.                                                                 

Document Name Date/Time Subjects
HB 191 ver. M.pdf HRES 3/26/2012 1:00:00 PM
HB 191
CSHB 191 ver. B.pdf HRES 3/26/2012 1:00:00 PM
HB 191
HB 191 - SPONSOR_STATEMENT_HB_191 (Revised _2).pdf HRES 3/26/2012 1:00:00 PM
HB 191
HB 191 - Alaska Farm Bureau.pdf HRES 3/26/2012 1:00:00 PM
HB 191
HB 191 -Alaska's State-Funded Ag Projects and Policy.pdf HRES 3/26/2012 1:00:00 PM
HB 191
HB 191 - Community Perspective- Carol Lewis.pdf HRES 3/26/2012 1:00:00 PM
HB 191
HB 191 - DOA Petition.pdf HRES 3/26/2012 1:00:00 PM
HB 191
HB 191 - Hollembaek LTR of Support.pdf HRES 3/26/2012 1:00:00 PM
HB 191
HB 191 - Letters of Support.pdf HRES 3/26/2012 1:00:00 PM
HB 191
HJR040A.PDF HJUD 4/9/2012 1:00:00 PM
HRES 3/26/2012 1:00:00 PM
HRES 3/30/2012 1:00:00 PM
HJR 40
HJR 40 Sponsor.pdf HJUD 4/9/2012 1:00:00 PM
HRES 3/26/2012 1:00:00 PM
HRES 3/30/2012 1:00:00 PM
HJR 40
HJR 40 1866 mine bill.pdf HJUD 4/9/2012 1:00:00 PM
HRES 3/26/2012 1:00:00 PM
HRES 3/30/2012 1:00:00 PM
HJR 40
HJR 40 BLM determination.pdf HRES 3/26/2012 1:00:00 PM
HRES 3/30/2012 1:00:00 PM
HJR 40
HJR 40 DNR Background.pdf HJUD 4/9/2012 1:00:00 PM
HRES 3/26/2012 1:00:00 PM
HRES 3/30/2012 1:00:00 PM
HJR 40
HJR 40 GAO Report.pdf HRES 3/26/2012 1:00:00 PM
HRES 3/30/2012 1:00:00 PM
HJR 40
RS2477 Resources.pdf HJUD 4/9/2012 1:00:00 PM
HRES 3/26/2012 1:00:00 PM
HRES 3/30/2012 1:00:00 PM
HJR 40
CSHB 191 Sectional Analysis.pdf HRES 3/26/2012 1:00:00 PM
HB 191
CSHB 191 Explanation of Changes.pdf HRES 3/26/2012 1:00:00 PM
HB 191
HB 191 testimony.pdf HRES 3/26/2012 1:00:00 PM
HB 191
HB 191 testimony II.docx HRES 3/26/2012 1:00:00 PM
HB 191
HJR 40 AG opin (No Print).pdf HJUD 4/9/2012 1:00:00 PM
HRES 3/26/2012 1:00:00 PM
HRES 3/30/2012 1:00:00 PM
HJR 40
House Resources- Qs & As-RE- HB191 DOAF.pdf HRES 3/26/2012 1:00:00 PM
HB 191
HB 191 Fiscal Note packet.pdf HRES 3/26/2012 1:00:00 PM
HB 191
(H) RES ltr DEC re HB 191 3-30-12 (3).pdf HRES 3/26/2012 1:00:00 PM
HB 191
Email from Esther Tempel (DNR) RE- HB 191.docx HRES 3/26/2012 1:00:00 PM
HB 191