Legislature(2017 - 2018)BARNES 124
04/17/2018 01:15 PM House TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| SB199 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 199 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
April 17, 2018
1:26 p.m.
MEMBERS PRESENT
Representative Adam Wool, Co-Chair
Representative Louise Stutes, Co-Chair
Representative Matt Claman
Representative Harriet Drummond
Representative Chuck Kopp
Representative Mark Neuman
Representative Colleen Sullivan-Leonard
MEMBERS ABSENT
Representative David Eastman (alternate)
Representative Gabrielle LeDoux (alternate)
COMMITTEE CALENDAR
SENATE BILL NO. 199 AM
"An Act relating to the use of off-road vehicles within the
James Dalton Highway corridor."
- MOVED SB 199 AM OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 199
SHORT TITLE: DALTON HWY: ACCESS TO PRIVATE PROPERTY
SPONSOR(s): SENATOR(s) KELLY BY REQUEST
02/19/18 (S) READ THE FIRST TIME - REFERRALS
02/19/18 (S) TRA
03/29/18 (S) TRA AT 1:30 PM BUTROVICH 205
03/29/18 (S) -- MEETING CANCELED --
04/03/18 (S) TRA AT 1:30 PM BUTROVICH 205
04/03/18 (S) Heard & Held
04/03/18 (S) MINUTE(TRA)
04/05/18 (S) TRA AT 1:30 PM BUTROVICH 205
04/05/18 (S) Moved SB 199 Out of Committee
04/05/18 (S) MINUTE(TRA)
04/06/18 (S) TRA RPT 3DP
04/06/18 (S) DP: STEDMAN, WILSON, EGAN
04/11/18 (S) TRANSMITTED TO (H)
04/11/18 (S) VERSION: SB 199 AM
04/12/18 (H) READ THE FIRST TIME - REFERRALS
04/12/18 (H) TRA
04/17/18 (H) TRA AT 1:15 PM BARNES 124
WITNESS REGISTER
SENATOR PETE KELLY
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 199 as prime sponsor.
JOSEPH BYRNES, Staff
Senator Pete Kelly
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified on behalf of Senator Pete Kelly,
prime sponsor of SB 199.
AARON FRENZEL, Lieutenant; WIU Commander
Headquarters
Division of Alaska Wildlife Troopers
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the discussion of
SB 199.
AL BARETTE, Member
Alaska Outdoor Council (AOC)
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 199.
REBEKAH VANDERLUGT
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 199.
RUSS VANDERLUGT
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 199.
ACTION NARRATIVE
1:26:05 PM
CO-CHAIR ADAM WOOL called the House Transportation Standing
Committee meeting to order at 01:26 p.m. Representative Wool,
Stutes, Drummond, Neuman, Sullivan-Lenard were present at the
call to order. Representatives Kopp and Claman arrived as the
meeting was in progress.
SB 199-DALTON HWY: ACCESS TO PRIVATE PROPERTY
1:26:30 PM
CO-CHAIR WOOL announced that the only order of business would be
SENATE BILL NO. 199, "An Act relating to the use of off-road
vehicles within the James Dalton Highway corridor."
1:26:45 PM
SENATOR PETE KELLY, Alaska State Legislature, presented SB 199
as prime sponsor. He stated SB 199 would allow for the use of
off-road vehicles within the James Dalton Highway corridor to
access private property with an established history of use as a
homestead, which are adjacent to the pipeline corridor.
Currently, [Alaska Statute] AS 19.40.210 allows access for oil
and gas activities and to [a person who holds a mining claim in
the vicinity of the highway and who must use land within five
miles of the right-of-way of the highway corridor to gain access
to the mining claim.] He explained that the issue is if a
person tried to access his or her property from the Dalton
Highway, the person would be in violation because he/she did not
start from outside the Dalton Highway corridor. The bill
references protecting private property rights. He related his
understanding that a concern relating to Native property lines
might be impacted or that it would allow people to cross private
property; however, it does not. He cautioned that ultimately
without this bill people who have homesteads along the Dalton
Highway will only be able to assess their land via airplane.
1:28:17 PM
REPRESENTATIVE STUTES asked whether anyone could use four-
wheelers on these roads or if it would be restricted just to the
property owners.
SENATOR KELLY responded that the bill would only apply to the
people who have homestead land. The issue SB 199 would address
is that the landowners can only access their properties by
accessing it from a point outside of the corridor; however, if
people want to drive the Dalton Highway to get to their
homestead, they must start within the corridor because the point
of access would be from the road. He stated that he did not
believe this exception was necessarily intentionally left out
but rather that it had been overlooked when the statutes related
to the Dalton Highway were established.
1:29:10 PM
REPRESENTATIVE STUTES asked if the homestead lands were right on
the Dalton Highway.
SENATOR KELLY answered no; that the homestead property is
located on the other side of the [Dalton Highway] corridor. For
example, if someone was on the Dalton Highway and wanted to
access their homesteads on the other side of the corridor, it
would not be possible to do so from the Dalton Highway.
Instead, they would have to find a way outside the corridor to
cross the corridor to their property. He surmised the statute
specified that the corridor could only be used for mining
activities and oil and gas. He said that essentially the
statutes were written to allow access across the corridor for
people, which already exists, but it puts homesteaders in a
"tough situation."
1:30:01 PM
REPRESENTATIVE NEUMAN questioned whether the language restricted
access to snow machines only.
SENATOR KELLY answered no; that the bill covered all terrain
vehicles (ATVs).
1:30:20 PM
REPRESENTATIVE NEUMAN questioned whether homesteaders could hunt
in the corridor or if was only to obtain access to their
property.
SENATOR KELLY answered the bill was only to allow access to
homesteads and property.
1:30:28 PM
CO-CHAIR WOOL related his understanding that anyone observed on
an off-road vehicle along this corridor would be in violation of
current law if they were not accessing a current homestead.
SENATOR KELLY answered that was correct if the person started
within the corridor.
1:30:47 PM
REPRESENTATIVE KOPP offered his belief that the language would
also apply to someone who had permission to access the land such
as someone visiting a person's homestead who was lawfully
entering the land.
SENATOR KELLY agreed that was correct.
1:31:02 PM
REPRESENTATIVE DRUMMOND asked for further clarification on
whether the corridor was defined by the [darker blue lines] on
the map [in members' packets].
1:31:14 PM
JOSEPH BYRNES, Staff, Senator Pete Kelly, Alaska State
Legislature, answered yes; that the [Dalton Highway] corridor
was established as five miles on either side of the Dalton
Highway.
1:31:34 PM
CO-CHAIR WOOL asked whether the homesteads were identified on
the map and how many homesteads were located within the area.
SENATOR KELLY answered that he thought there were six
homesteads.
MR. BYRNES added that the Department of Natural Resources (DNR)
has identified 16 homesteads within ten miles of the Dalton
Highway. He recalled that there were three different types of
homesteads established under the Homestead Act, including
homesites, headquarter sites and homesteads. He reiterated that
DNR was able to identify 16 sites within ten miles [of the
Dalton Highway.]
1:32:20 PM
CO-CHAIR WOOL asked how these individuals would be identified as
someone allowed to access the homestead.
MR. BYRNES answered that only people who had a historical
homestead site would be accessing [the corridor]. A person who
had a homestead would have a patent to prove it was historically
considered a homestead.
1:33:03 PM
SENATOR KELLY pointed out that a procedure exists for people who
have mining claims or oil and gas transportation projects and a
right to access those areas.
1:33:26 PM
REPRESENTATIVE NEUMAN asked if the [original] homesteaders were
to sell their homesteads whether the rights would be transferred
to the next owner or their children. He further asked whether
family members can access the homestead.
SENATOR KELLY related his understanding that the rights traveled
with the homestead.
1:34:09 PM
REPRESENTATIVE KOPP said the bill seemed like "common sense
legislation designed to allow 16 people to access their
property.
1:34:23 PM
CO-CHAIR WOOL asked for further clarification that if someone
was going from the [Dalton Highway] to his/her homestead,
traveling across and beyond the corridor, whether the person was
authorized to hunt along the area or whether the bill limited
access to his/her homestead.
SENATOR KELLY answered that it was just for access.
1:34:41 PM
MR. BYRNES added that the Board of Game restrictions limit the
use of off-road vehicles for the transport of game in the area
plus the BOG also restricts use of firearms in the area. He
reiterated that [SB 199] was not for hunting purposes.
1:35:03 PM
CO-CHAIR STUTES asked for clarification on the Dalton Highway
corridor.
SENATOR KELLY answered that the Dalton Highway corridor was a
federal corridor created for the [Trans-Alaska Pipeline System],
which was heavily restricted.
1:35:21 PM
REPRESENTATIVE CLAMAN asked whether homesteaders could drive
their snow machines down the Dalton Highway or if they were
restricted to adjacent areas.
SENATOR KELLY acknowledged these people would not be considered
"accessing" their homestead by driving on the Dalton Highway.
1:36:10 PM
AARON FRENZEL, Lieutenant; WIU Commander, Headquarters, Division
of Alaska Wildlife Troopers, Department of Public Safety (DPS),
introduced himself.
1:36:26 PM
CO-CHAIR WOOL asked whether someone crossing the corridor would
be allowed to hunt on the way to his/her homestead.
1:36:53 PM
MR. FRENZEL answered that regulations established in 5 AAC
92.530 through the Board of Game provide that hunting is
unlawful in the [Dalton Highway] corridor.
1:37:21 PM
AL BARETTE, Member, Alaska Outdoor Council (AOC), representing
the AOC, stated that the organization represents 10,000
Alaskans. The AOC fully supports Alaskans' rights to access
private property and SB 199 would fulfill the constitutional
agreements to settle Alaska's lands; that without access to its
lands the state could not settle or use the land. He
characterized SB 199 as a good bill. He related that over the
years he has acquired two parcels of land outside the Dalton
Highway corridor, just south of the Yukon River. He recalled
the DNR provided options to access the property by using section
lines or permitted roads, which made it easy to develop the
property. He said it was unfortunate that the "haul road"
corridor never allowed access to private property that miners
and oil and gas development were given. He reiterated the AOC's
support for SB 199.
1:38:42 PM
CO-CHAIR WOOL asked whether the map in members' packets showed
the extent of the area [covered by SB 199] or if the area
covered was the whole length of the Dalton Highway.
MR. BYRNES answered that it would be the whole length of the
[Dalton} Highway beginning at Livengood where the Dalton Highway
begins.
1:39:23 PM
CO-CHAIR WOOL suggested that the concern that people would park
cars and get on four-wheelers or snow machines and start hunting
off the road has been clarified as not being allowed.
1:39:45 PM
The committee took a brief at-ease.
1:40:00 PM
CO-CHAIR WOOL opened public testimony on SB 199.
1:40:31 PM
REBEKAH VANDERLUGT stated she is a landowner outside the Dalton
Highway corridor. She also represents her family, which
includes four school-age children. She stated that this bill
means being able to access and enjoy their property as a family.
Amending the statutes to include private property owners would
give property owners equal access alongside those with mining
claims in the area.
1:41:16 PM
RUSS VANDERLUGT stated that he was representing those residents
who are landowners along the Dalton [Highway] corridor. He
reiterated that his family owns property, which is patented
under the federal homestead laws. He acknowledged that the
current statute permits an exception for mining claims, but it
prevents them from accessing their property via snow machine in
the winter. This bill would allow for fair access for his
family and other landowners across the corridor.
1:41:59 PM
REPRESENTATIVE NEUMAN recalled that Mr. Vanderlugt's father
originally homesteaded in the area. He had previously asked
whether this bill allowed family members such as him to access
the property if the title was in his dad's name. He asked
whether it was his sense that [the bill] would include family
members.
MR. VANDERLUGT agreed, relating his understanding that the bill
would allow his family members to access his property.
1:42:51 PM
CO-CHAIR WOOL asked for further clarification on whether he was
currently accessing his property and if so, how was he gaining
getting access.
MR. VANDERLUGT answered that his family has been accessing their
homestead via an airplane during the summer. It typically would
be unsafe to do so in the winter due to snow depth or snow
conditions. He stated that accessing the property by land would
be much safer for his family, so he would propose doing so by
snow machine.
1:43:32 PM
CO-CHAIR WOOL closed public testimony on SB 199.
1:43:52 PM
REPRESENTATIVE DRUMMOND offered her view that the bill is simple
and that the committee should act on the bill.
1:44:07 PM
REPRESENTATIVE STUTES moved to report SB 199 AM out of committee
with individual recommendations and the accompanying fiscal
note. There being no objection, SB 199 AM was reported from the
House Transportation Standing Committee.
1:44:34 PM
ADJOURNMENT
There being no further business before the committee, the House
Transportation Standing Committee meeting was adjourned at 1:44
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB199 Sponsor Statement 4.12.18.pdf |
HTRA 4/17/2018 1:15:00 PM |
SB 199 |
| SB199 Summary of Changes 4.12.18.pdf |
HTRA 4/17/2018 1:15:00 PM |
SB 199 |
| SB199 Sectional Analysis 4.12.18.pdf |
HTRA 4/17/2018 1:15:00 PM |
SB 199 |
| SB199 ver. D.A 4.11.18.pdf |
HTRA 4/17/2018 1:15:00 PM |
SB 199 |
| SB199 Fiscal Note DOT-NRHA 4.12.18.pdf |
HTRA 4/17/2018 1:15:00 PM |
SB 199 |
| SB199 Supporting Document - U.S. Dept. of the Interior BLM - History of Alaska Homesteading 4.12.18.pdf |
HTRA 4/17/2018 1:15:00 PM |
SB 199 |
| SB199 Supporting Document - BLM Map-Coldfoot to Deadhorse 4.12.18.pdf |
HTRA 4/17/2018 1:15:00 PM |
SB 199 |
| SB199 Supporting Documents - Support Letters 4.12.18.pdf |
HTRA 4/17/2018 1:15:00 PM |
SB 199 |