Legislature(1993 - 1994)
04/18/1994 08:15 AM House RES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE RESOURCES STANDING COMMITTEE
April 18, 1994
8:15 a.m.
MEMBERS PRESENT
Representative Bill Williams, Chairman
Representative Bill Hudson, Vice Chairman
Representative Con Bunde
Representative Pat Carney
Representative John Davies
Representative Joe Green
Representative Jeannette James
MEMBERS ABSENT
Representative David Finkelstein
Representative Eldon Mulder
COMMITTEE CALENDAR
SB 293: "An Act relating to the authority of the
commissioner of natural resources to reconvey, or
relinquish an interest in, land to the United
States if that land or interest being reconveyed
or relinquished is identified in an amended
application for a land allotment under federal
law."
SB 293 MOVED OUT OF COMMITTEE WITH INDIVIDUAL
RECOMMENDATIONS
Confirmation Hearing:
Board of Game
Thomas Johnson
COMMITTEE REPORT SIGNED
WITNESS REGISTER
BRYCE EDGEMOND, Aide
Senator George Jacko
State Capitol, Room 125
Juneau, Alaska 99801-1182
Phone: 465-4942
POSITION STATEMENT: Prime Sponsor SB 293
RON SWANSON, Director
Division of Land
Department of Natural Resources
P.O. Box 107005
Anchorage, Alaska 99510-7005
Phone: 762-2692
POSITION STATEMENT: Supported SB 293
PREVIOUS ACTION
BILL: SB 293
SHORT TITLE: NATIVE ALLOTMENTS ON STATE LAND
SPONSOR(S): SENATOR(S) JACKO,Zharoff
JRN-DATE JRN-PG ACTION
02/11/94 2788 (S) READ THE FIRST TIME/REFERRAL(S)
02/11/94 2788 (S) RES, JUD
03/23/94 (S) RES AT 3:30 PM BUTROVICH RM 205
03/24/94 3342 (S) RES RPT 4DP 1NR
03/24/94 3342 (S) ZERO FN PUBLISHED (DNR)
04/06/94 (S) JUD AT 01:30 PM BELTZ ROOM 211
04/08/94 (S) RLS AT 00:00 AM FAHRENKAMP
ROOM 203
04/08/94 3522 (S) JUD RPT 2DP 3NR
04/08/94 3522 (S) PREVIOUS ZERO FN (DNR)
04/11/94 3556 (S) RULES RPT 3CAL 1NR 4/11/94
04/11/94 3560 (S) READ THE SECOND TIME
04/11/94 3560 (S) ADVANCED TO THIRD READING UNAN
CONSENT
04/11/94 3560 (S) READ THE THIRD TIME SB 293
04/11/94 3561 (S) PASSED Y19 N1
04/11/94 3561 (S) COSPONSOR(S): ZHAROFF
04/11/94 3567 (S) TRANSMITTED TO (H)
04/12/94 3367 (H) READ THE FIRST TIME/REFERRAL(S)
04/12/94 3367 (H) RESOURCES, JUDICIARY
04/18/94 (H) RES AT 08:15 AM CAPITOL 124
ACTION NARRATIVE
TAPE 94-55, SIDE A
Number 000
The House Resources Committee was called to order by
Chairman Bill Williams at 8:25 a.m. Members present at the
call to order were Representatives Williams, Hudson, Bunde,
Carney, and James. Members absent were Representatives
Davies, Finkelstein, Green, and Mulder.
CHAIRMAN BILL WILLIAMS stated there is a quorum present.
SB 293 - NATIVE ALLOTMENTS ON STATE LAND
BRYCE EDGEMOND, AIDE, SENATOR GEORGE JACKO, stated SB 293 is
similar to a bill which was heard by the committee in March.
He said SB 293 will give the commissioner of the Department
of Natural Resources (DNR) the authority to relocate Native
allotments which are mired in the endless process of appeals
and litigation. He explained these Native allotments are
located on top of public use sites, whether it be a runway,
road, mouth of a river near a prime recreational spot, state
park or state land used for public use.
MR. EDGEMOND stated SB 293 is broader in scope that HB 404.
SB 293 applies to all state lands as opposed to HB 404 which
dealt with Native allotments located in state parks.
Senator Jacko views SB 293 as good government, as it gives
allottees an option to relocate their allotment to another
parcel of land outside the legislatively designated area.
He said the bill has a zero fiscal note and passed the
Senate 19-1.
Number 040
REPRESENTATIVE BILL HUDSON asked Mr. Edgemond to give an
example of where this bill might apply.
MR. EDGEMOND responded with two examples. He said a village
received over $2 million through the capital budget last
year to refurbish their airport. The village is having
problems with the permitting process because part of the
airport is located on a Native allotment. SB 293 would give
that allottee the option to relocate his or her allotment to
another parcel. He said another example is the Wood-Tikchik
State Park, where 104 parcels are located within the park
and are mired in the appeal process. Many of the allottees
are frustrated and would take advantage of this option if
available.
(CHAIRMAN WILLIAMS noted for the record that REPRESENTATIVE
GREEN joined the committee at 8:30 a.m.)
Number 060
RON SWANSON, DIRECTOR, DIVISION OF LAND, DEPARTMENT OF
NATURAL RESOURCES (DNR), stated the department fully
supports SB 293. He said for years, DNR has worked with
Native allottees trying to avoid public use conflicts. He
felt SB 293 sets up a win/win/win situation. The allottee
has to be agreeable to move and the department has to be
agreeable to move the allottee on to other state land, which
solves a problem for the Bureau of Indian Affairs (BIA) and
the Bureau of Land Management (BLM).
REPRESENTATIVE JEANNETTE JAMES said the sponsor had stated
SB 293 was broader than only lands located within public
parks. She wondered what other kinds of problems might be
solved with SB 293.
MR. SWANSON responded many times allotments are located on
top of roads, airports or high public use sites. SB 293
gives DNR the opportunity to move the allottees away from
those conflicts. He stressed it is not a purchase situation
but rather a flat move to land where there is less conflict.
REPRESENTATIVE JAMES clarified SB 293 does not affect
anything unless it is within public use land.
MR. SWANSON said that is correct. He stated in 1971 when
the Native Allotment Act was repealed, all applications had
to be filed. He said there were about 12,000 on record. He
explained in 1980, the state was given the opportunity to
protest those which had a public use conflict, mainly with
roads, and approximately 1,500 were protested. Since then,
DNR has been able to work out resolutions for all but about
500-600. SB 293 will fix those remaining situations if the
allottee agrees to go along with it.
Number 083
REPRESENTATIVE HUDSON asked if SB 293 has any involvement
with the Mental Health Land.
MR. SWANSON stated there are Native allotments filed on
Mental Health land and SB 293 gives the department the
opportunity to move those as well.
REPRESENTATIVE HUDSON clarified by permitting the relocation
of an allotment outside a state park, even though it might
be involved in the mental health issue, two problems will be
solved.
MR. SWANSON replied that is correct.
REPRESENTATIVE HUDSON asked if there will be any costs
involved.
MR. SWANSON responded no, because all of the up-front work
has to be done by the Department of Interior, who has to
first find it to be a valid Native allotment and then the
two BLM employees working within DNR do the reconveyance
work.
Number 099
REPRESENTATIVE JOE GREEN asked if SB 293 will clear up any
disputes as well as move the allottees to where they can be
enacted and cured.
MR. SWANSON said the intent of SB 293 is to eliminate the
conflict.
REPRESENTATIVE GREEN clarified that all three agencies are
supportive of SB 293.
MR. SWANSON replied that is correct. He added there was
federal legislation passed about three years ago to allow
this to happen on the federal side.
REPRESENTATIVE HUDSON made a MOTION to MOVE SB 293 with zero
fiscal note out of committee with INDIVIDUAL
RECOMMENDATIONS.
CHAIRMAN WILLIAMS asked if there were any objections to the
motion. Hearing none, the MOTION PASSED.
CONFIRMATION HEARING: BOARD OF GAME-THOMAS JOHNSON
Number 124
CHAIRMAN WILLIAMS stated since the confirmation hearing last
week on the Governor's appointees to Boards and Commissions,
one more appointment has been referred to the committee for
consideration. One of the members of the Board of Game
resigned recently and the Governor has appointed Thomas
Johnson of Nome to that seat. Chairman Williams distributed
Mr. Johnson's resume and asked committee members if they
would like to make a recommendation based on the resume or
did they prefer to talk to Mr. Johnson via teleconference.
REPRESENTATIVE HUDSON stated he has known Mr. Johnson from
years past and feels he would be an excellent member on the
Board of Game.
REPRESENTATIVE GREEN said while he is influenced by
Representative Hudson's input, he would like to speak to Mr.
Johnson, if possible.
(CHAIRMAN WILLIAMS noted for the record that REPRESENTATIVE
DAVIES joined the committee at 8:40 a.m.)
REPRESENTATIVE HUDSON stated Mr. Johnson is a blue collar
gentleman who was born in the Interior and is married to an
Eskimo lady, who was Governor Hammond's office regional
manager in Nome. Mr. Johnson is ethical and clearly
understands Native subsistence issues as well as the hunting
situation. He stated he is willing to advance the
confirmation.
REPRESENTATIVE GREEN said if the other committee members are
comfortable with advancing the confirmation, that is fine.
REPRESENTATIVE HUDSON made a MOTION to MOVE the name of
THOMAS JOHNSON as a member of the BOARD OF GAME out of
committee with INDIVIDUAL RECOMMENDATIONS.
CHAIRMAN WILLIAMS asked if there were any objections.
Hearing none, the MOTION PASSED.
ANNOUNCEMENTS
CHAIRMAN WILLIAMS announced the committee will meet on
Wednesday, April 20 at 8:15 a.m. to continue public
testimony on SB 310. He noted the final tally from last
Friday's meeting showed there were approximately 120 people
signed up to testify who the committee did not get to. The
committee had a general discussion on how best to
accommodate the large number of people who are wishing to
testify.
ADJOURNMENT
There being no further business to come before the House
Resources Committee, Chairman Williams adjourned the meeting
at 8:50 a.m.
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