Legislature(1993 - 1994)
04/26/1994 09:02 AM Senate CRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE
April 26, 1994
9:02 a.m.
MEMBERS PRESENT
Senator Randy Phillips, Chairman
Senator Robin Taylor, Vice Chairman
Senator Loren Leman
Senator Al Adams
MEMBERS ABSENT
Senator Fred Zharoff
COMMITTEE CALENDAR
HOUSE BILL NO. 259 (title am)
"An Act relating to general grant land entitlements for the Lake
and Peninsula Borough; and providing for an effective date."
SENATE BILL NO. 375
"An Act relating to general grant land entitlements."
PREVIOUS SENATE COMMITTEE ACTION
HB 259 - See Community & Regional Affairs minutes dated
4/19/94 & 4/21/94.
SB 375 - See Community & Regional Affairs minutes dated 4/19/94 &
4/21/94.
WITNESS REGISTER
Representative Carl Moses
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on HB 259
Jeff Parker
Anchorage Fish & Game Advisory Board
1201 Hyder
Anchorage, AK 99501
POSITION STATEMENT: Testified in opposition to HB 259
and SB 375
Alice Ruby
Box 3330
Dillingham, AK 99576
POSITION STATEMENT: Opposes passage of HB 259
and SB 375
Lamar Cotten
Lake & Peninsula Borough
P.O. Box 495
King Salmon, AK 99613
POSITION STATEMENT: Supports HB 259
George Wagner
Denali Borough
Phone (907) 683-1333
POSITION STATEMENT: Testified in support of SB 375
Doug Braddock
Fairbanks North Star Borough
P.O. Box 71267
Fairbanks, AK 99707
POSITION STATEMENT: Supports SB 375
Keith Quintavell
North Slope Borough
P.O. Box 69
Barrow, AK 99723
POSITION STATEMENT: Supports SB 375
Ron Swanson, Director
Division of Lands
Department of Natural Resources
P.O. Box 107055
Anchorage, AK 99510-7005
POSITION STATEMENT: Testified in opposition to SB 375
ACTION NARRATIVE
TAPE 94-33, SIDE A
Number 001
The Senate Community & Regional Affairs Committee was called to
order by Chairman Randy Phillips at 9:02 a.m. He brought HB 259
(title am) (LAND GRANT FOR LAKE & PENINSULA BOROUGH) before the
committee and announced testimony would be taken over the
teleconference network.
Number 022
JEFF PARKER, Anchorage Fish & Game Advisory Board, testified from
Anchorage in opposition to HB 259, stating that the bill is
controversial because it involves lands that are used by citizens
from throughout the state and, fundamentally, cannot likely create
a significant tax base. He noted he has forwarded some questions
to the committee that he would like to see addressed by the
borough, and he urged that the committee delay passage of the
legislation and to look to public concerns first about lands that
should be retained in public ownership.
Number 062
ALICE RUBY, testifying on behalf of the Bristol Bay CSA Board,
reiterated a previous request that HB 259 and SB 375 be held over
until the next legislative session so that a good planning process
can be established and to come up with a way to keep from causing
a detriment to some of their most important critical habitat and
recreation subsistence areas.
Number 090
LAMAR COTTEN, representing the Lake & Peninsula Borough, responded
to a series of questions sent to the committee by Jeff Parker, and
stated he thinks the questions are going in the wrong direction.
The bill is not about lodges, Mr. Parker's lodge or potential
competitors to his lodge industry. It is about a municipality that
is attempting to diversify their economy and not be as reliant upon
the state government for funds to provide basic services.
Number 178
SENATOR TAYLOR asked if it was just an accident of the formula that
brings about the large diversity that would exist between various
communities on the land entitlement that they have received. LAMAR
COTTEN answered that was his perception. He said there seems to be
no relationship between the size of the borough, the size of the
population and what is needed. SENATOR TAYLOR commented that he is
supportive of moving the land ownership to the smallest unit of
government we can find, because the closer it gets to the people,
the better utilization those people will make of that land. He
would like to see a requirement in the legislation that some of
this land eventually make its way into private ownership that will
provide a tax base.
Number 270
SENATOR RANDY PHILLIPS said in HB 259, the Lake & Peninsula Borough
is asking for more lands than is allocated for other boroughs
around the state. SB 375, which is also in the committee,
provides an equal playing ground for all boroughs in their request
for lands to be used the boroughs themselves. He said Senator
Adams has proposed that a subcommittee be formed to work on the two
bills and the allocation issues, and bring them back before the
committee for final action at its next meeting.
Number 292
REPRESENTATIVE CARL MOSES said his problem with a set formula is
that land in different areas of the state varies so much in value.
Lands in the Lake & Peninsula Borough are probably one-fiftieth the
value of lands in the Mat-Su Valley, so it is hard to make a
equitable basis on a flat standard throughout the state. He
pointed out that much of the land in the LPB is wet land, marsh
land and small lakes.
Number 315
SENATOR RANDY PHILLIPS asked Representative Moses if he would be
amendable to changing the 187,000 acre figure to the 125,000 acre
figure that DNR has identified for selection. REPRESENTATIVE MOSES
responded that half a loaf is better than none, but the 187,000
figure doesn't mean that they will get that amount because DNR may
restrict a lot of the lands that they might want.
Number 345
SENATOR RANDY PHILLIPS stated HB 259 would be held until later in
the meeting.
The next order of business to come before the committee was SB 375
(GENERAL GRANT LAND ENTITLEMENTS). SENATOR RANDY PHILLIPS stated
testimony would be taken over the Legislative Teleconference
Network.
Number 355
GEORGE WAGNER, Vice Chair, Denali Borough Planning Committee,
related that the planning committee has been directed by the
borough assembly to formulate a comprehensive land use plan for the
borough, as well as to identify specific lands and related criteria
for municipal entitlement lands as provided for in statute. He
stated the Denali Borough's strong support for SB 375.
Number 368
DOUG BRADDOCK, representing the Fairbanks North Star Borough,
voiced their support for the passage of SB 375. The borough has
been very aggressive in developing a plan to not only increase the
local tax base, but also to generate revenue for the borough, which
they believe is especially important with the proposed cuts to
state revenue sharing and assistance to local governments.
Number 380
SENATOR ADAMS asked if the Fairbanks North Star Borough has an
economic plan they can utilize if SB 375 passes. DOUG BRADDOCK
replied that they are in the process of putting together what they
have been calling a business plan for the management of their
entitlement lands, but it is not yet complete. However, if the
bill passes they would include that 58,000 acres of land in their
plan.
Number 388
KEITH QUINTAVELL, representing the North Slope Borough, said the
borough endorses a proposal that would be the most equitable to
Alaska's municipalities. SB 375 would establish a single simple
formula for municipal land entitlement which is applicable to all
cities, boroughs and unified municipalities; it would return to the
Legislature, not the Division of Lands, the authority for
designating which lands are of such paramount importance to
statewide interest that they should not be made available for
economic development by municipalities, but should be designated as
state parks; and it would delete the certification deadlines,
vesting dates, and application deadlines currently contained in
statute.
Number 425
JEFF PARKER, Anchorage Fish & Game Advisory Committee, stated the
committee opposes SB 375 for the same reasons it opposes HB 259.
There is no information that supports the 10 percent figure, or any
other figure. There is concern with the redefinition of VUU lands
in that it eliminates from the present statutes the provisions that
effectively require that if land is classified in the DNR land use
planning process as habitat it is not available for selection.
With passage of SB 375 the state will give away its most valuable
habitat and its most valuable lands for public use.
Number 466
RON SWANSON, Director, Division of Land, Department of Natural
Resources, stated the department does not support SB 375 because
they do not believe it is equitable to grant land entitlements
based on a formula. The department also does not support the
elimination of the definition of VUU, which, he said, basically
throws the land use planning process in chaos. He added that if
the committee decides to move the bill, he has some amendments he
would like the committee consider.
Number 490
SENATOR RANDY PHILLIPS asked if there was any support to combine HB
259 and SB 375. It was agreed to by the members that each bill be
dealt with separately.
Number 500
RON SWANSON outlined the department's proposed amendments to SB
375:
(1) Delete the term "Vacant, Unappropriated, Unreserved"
wherever it occurs in the bill and insert "state general grant
land" in its place.
(2) Delete Section 6 in its entirety. The section basically
orders the director to rescind conveyances that were made to land
that was not Vacant, Unappropriated, Unreserved. Once land has
been conveyed to a municipality, the director has absolutely no
authority to rescind that conveyance.
(3) Amend Section 7 to eliminate the requirement for the
director to approve or disapprove each selection for patent within
nine months of its selection by a municipality, because it would
create an unreal workload on the Division of Land.
(4) If VUU is eliminated, the definition of "general grant
land" needs to be changed in Section 10.
There being no other witnesses to testify on SB 375, SENATOR RANDY
PHILLIPS stated the bill and the proposed amendments would be back
before the committee at its next meeting.
SENATOR RANDY PHILLIPS brought HB 259 (title am) (LAND GRANT FOR
LAKE & PENINSULA BOROUGH) back before the committee.
TAPE 94-33, SIDE B
Number 001
REPRESENTATIVE MOSES urged that HB 259 be passed out of committee.
There was discussion by the committee on changing the 187,000
figure to 125,000 acres, which is the figure the borough and state
have agreed to. There were 62,000 acres in question.
Number 098
SENATOR LEMAN moved the adoption of the following amendment to HB
259:
Amendment No. 1
Page 2, line 2: Change "187,000" to "125,000"
Hearing no objection, Amendment No. 1 was adopted.
Number 107
SENATOR LEMAN moved that HB 259, as amended, be moved out of
committee with individual recommendations. Hearing no objection,
it was so ordered.
There being no further business to come before the committee, the
meeting was adjourned at 10:00 a.m.
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