Legislature(1997 - 1998)
02/03/1997 01:32 PM Senate CRA
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE
February 3, 1997
1:32 p.m.
MEMBERS PRESENT
Senator Jerry Mackie, Chairman
Senator Gary Wilken, Vice Chairman
Senator Dave Donley
Senator Randy Phillips
Senator Lyman Hoffman
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 64
"An Act relating to the Shuyak Island State Park."
- CSSB 64(CRA) ADOPTED AND MOVED OUT OF COMMITTEE
SENATE BILL NO. 62
"An Act relating to the payments in lieu of taxes program for
cities in the unorganized borough; and providing for an effective
date."
- MOVED SB 62 OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
SB 64 - No previous action to record.
SB 62 - No previous action to record.
WITNESS REGISTER
Mayor Jerome Selby
Kodiak Island Borough
720 Mill Bay Road
Kodiak, AK 99615
POSITION STATEMENT: Offered information in support of SB 64
Barbara Rudio, Chairman
Kodiak State Parks Advisory Board
1711 Mill Bay Road, #1
Kodiak, AK 99615
POSITION STATEMENT: Testified in support of SB 64
Jim Stratton, Director
Division of Parks & Outdoor Recreation
Department of Natural Resources
3601 C St., Suite 1200
Anchorage, AK 99503-5921
POSITION STATEMENT: Testified in support of SB 64
Michele Drummond
P.O. Box 334
Kodiak, AK 99615
POSITION STATEMENT: Supports SB 64
Kenneth Thompson
P.O. Box 20487
Juneau, AK 99802
POSITION STATEMENT: Supports SB 64
Senator Georgianna Lincoln
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of SB 62
Lamar Cotten, Deputy Commissioner
Department of Community & Regional Affairs
P.O. Box 112100
Juneau, AK 99811-2100
POSITION STATEMENT: Testified in support of SB 62
Bill Rolfzen, Program Administrator
Department of Community & Regional Affairs
P.O. Box 112100
Juneau, AK 99811-2100
POSITION STATEMENT: Offered information on SB 62
ACTION NARRATIVE
TAPE 97-4, SIDE A
Number 001
SB 64 SHUYAK ISLAND STATE PARK
CHAIRMAN MACKIE called the Senate Community & Regional Affairs
Committee meeting to order at 1:32 p.m. and noted all members were
present. He then brought SB 64 before the committee and turned the
gavel over to Vice Chairman Wilken.
CHAIRMAN MACKIE , as prime sponsor of SB 64, read the following
sponsor statement into the record:
"I introduced SB 64 at the request of Mayor Jerome Selby and the
Kodiak Island Borough Assembly. It presents one of the final
actions of a long and complex effort by state and federal
authorities and locally affected municipalities to compensate for
the effects of the Valdez oil spill. The bill adds specific land
and water areas to the Shuyak State Park. Shuyak Island was the
first part of the borough that was heavily impacted by the westward
streaming oil patches and tar balls from the 1989 accident.
"The two large land owners on Shuyak Island are the state and the
Kodiak Island Borough. Previous litigation had imposed management
restrictions that required the state to maintain wildlife habitat
and public recreation values while the borough was partially
prohibited from commercial or industrial uses on its lands. In
1984 the Shuyak State Park was established from part of the state's
holdings to protect the area's fish and wildlife habitat and
public recreation opportunities, while maintaining customary
hunting and fishing uses.
"One of the provisions of the spill settlement was the
establishment of a joint federal and state council to manage
remediation and recovery efforts. These responsibilities include
the replacement of lost fish and wildlife habitat with the
acquisition and protection of other high value habitat. It is for
this purpose that the Oil Spill Trustee Council selected the
borough's Shuyak Island lands and purchased them in 1996. The
final part of this effort is the consolidation of the lands under
the protective management of the Shuyak State Park.
"SB 64 completes the transaction by formally incorporating all
state lands on the island into the Shuyak Island State Park. The
expanded park retains the management goals, purposes, and allowed
uses of the original park."
Number 060
CHAIRMAN MACKIE directed attention to a proposed amendment to page
1, line 10, which inserts the words "commercial fishing".
Number 075
SENATOR DONLEY moved adoption of the following Amendment No. 1:
Amendment No. 1
Page 1, line 10: Following "fishing," insert "commercial fishing"
Hearing no objection, VICE CHAIRMAN WILKEN stated the amendment was
adopted and would be incorporated into a C&RA committee substitute.
Vice Chairman Wilken returned the gavel to Chairman Mackie.
Number 090
CHAIRMAN MACKIE stated testimony would be taken from Mayor Selby,
who was standing by in Kodiak.
MAYOR JEROME SELBY , Kodiak Island Borough, said there are several
reasons why the transfer of these lands from the Kodiak Island
Borough into the Shuyak State Park was pursued, but the most
significant was that in all of the studies that were done following
the 1989 oil spill event, it was found Shuyak Island has more of
the species that were impacted by the spill. It is probably the
most critical habitat area in terms of the recovering species,
including the bird species and the marine mammal species.
Mayor Selby said the Kodiak Island Borough has supported the
increase in the size of Shuyak Island Park for many years mainly
because of the opportunity for increased tourism activities and as
a means to diversify their economy. The area is also important to
Kodiak's commercial fishing fleet, and is used heavily by people
from Anchorage and the Kenai Peninsula for recreation, hunting,
fishing, etc.
Mayor Selby pointed out that the effort to make the entire island
into Shuyak State Park is supported by virtually every group in
Kodiak.
In closing, Mayor Selby urged passage of SB 64, as well as voicing
support for the adopted amendment.
Number 175
SENATOR HOFFMAN asked how many acres are involved in these land
transfers. MAYOR SELBY responded that 26,000 acres were acquired
from the Kodiak Island Borough and there is an additional three to
four acres of state land on the eastern boundary that would also be
incorporated into the park.
Number 190
BARBARA RUDIO , Chairman of the Kodiak State Parks Advisory Board,
testifying from Kodiak voiced the Board's strong support for SB 64
and urged its passage.
CHAIRMAN MACKIE asked if there was any opposition in Kodiak to the
transfer of these lands, and both MS. RUDIO and MAYOR SELBY said
they were not aware of any opposition.
Number 205
JIM STRATTON , Director, Division of Parks & Outdoor Recreation,
Department of Natural Resources, read the following statement into
the record:
"I am pleased to be here today to testify in support of SB 64.
The existing Shuyak Island State Park provides some of the best
fishing and hunting opportunities in the state park system. When
the park was first created in 1984, the legislature provided for
four public use cabins that have become some of the more popular in
the park system, especially for silver fishing in August and deer
hunting in the fall. Travel to the park is primarily by floatplane
from either Kodiak or Homer and is a significant economic boost to
air taxi operators and guides in both communities.
"This bill, SB 64, would perpetuate these fish, wildlife, and
recreational opportunities by expanding the park's boundaries to
encompass two major pieces of the island whose current and future
uses are legally restricted for fish and wildlife habitat and
public recreation purposes. The 9,900 acres of existing state land
are restricted by legal settlement between the state and the Kodiak
Island Borough. This legal settlement resulted from a disagreement
over municipal entitlements and sets forth in a consent decree
signed in 1981 that these lands may only be used for wildlife
habitat and public recreation. Plans for that acreage to become a
state game refuge were never completed and are now included in this
park expansion.
"In 1995, the EVOS Trustee Council purchased some land from the
Kodiak Island Borough to assist in the recovery of species impacted
by the Exxon Valdez oil spill. The Borough, as represented earlier
by Mayor Selby, sold the land with the expectation that it would be
added to the park to perpetuate its fishing, hunting, and
recreational uses. The conservation easement held on those
properties by the federal government restrict uses to those which
will maintain the existing fish and wildlife habitat and it allows
for public recreation. State parks has a long history of providing
recreational access in a habitat friendly manner and we look
forward to providing that access in an expanded Shuyak Island State
Park.
"Once these additions have been established as part of the park
system, state parks will undertake a revision of the current park
master plan to include the new acreage in an island wide plan for
trails, campsites, possible new cabin sites, and anchorages. As
funds and volunteers are made available, these new access
opportunities will be realized. Park designation does not diminish
any existing hunting, fishing, or trapping rights on the island.
The parks' original 1984 legislation is very clear in its intent
that management of fish and game, especially commercial fishing, is
the responsibility of the Department of Fish and Game. Parks works
cooperatively with Fish and Game by managing two fish counting
weirs in the existing park to help determine commercial fish
openings.
"Management of the island will cost the park system only a minimal
amount as we already have a seasonally staffed Ranger Station on
the Island and a volunteer program that brings two to four
volunteers to assist the Ranger every summer. The increased cost
of management is for extra boat gas to access the shoreline of the
newly expanded park. We are currently expanding the visitor
opportunities in the existing park through a developed trail system
and new visitor contact state funded by the state's Exxon Valdez
criminal settlement through the Division of Parks' Marine
Recreation project.
"Shuyak's existing reputation as a fishing and hunting destination
in the late summer and fall is expanding as Alaskans, local tourism
companies and adventure travelers from around the world discover
its unique kayaking and small boating opportunities to not only
fish, but also observe marine mammals and seabirds, as well as
terrestrial wildlife. The proposed park expansion will add Shuyak
to the other great park units in Alaska (Chugach, Kachemak Bay,
Denali and Wood-Tikchik) as a popular topic for adventure travel
and sportsman magazines seeking new and exciting destinations to
share with their readers. I just met with a local travel writer
last week that was interested in writing about Shuyak's diverse
fishing, hunting, and recreational opportunities. Designation of
the entire island as a park will significantly add to the allure of
Shuyak and increase its notoriety in Alaska as a recreational
destination. This is good for Alaskan hunters, fishermen, and
boaters and good for those businesses providing transportation and
support. I urge your support of this bill."
Number 275
SENATOR PHILLIPS asked if the definition of "recreational
activities" includes snow machines and ATVs. MR. STRATTON answered
that it includes snow machines and ATVs, but the conservation
easement on the parcel that came from the borough specifically
doesn't allow ATVs. Responding to Senator Donley, he said he
didn't think there was anything the Legislature could do about the
restriction. MAYOR SELBY further explained that ATVs on the type
of environment they have on Kodiak Island creates a great deal of
erosion. The erosion runs down and fills up the salmon streams and
destroys the salmon population. He pointed out that the beauty of
Shuyak Island is that it is small enough so it can be easily hiked
in a day.
Number 323
MICHELE DRUMMOND , a Kodiak Island resident testifying in Juneau in
support of SB 64, said she thinks the Shuyak Island Park is a good
idea because it would preserve the island as it is and because it
is an economic resource the community of Kodiak greatly needs as
well. She noted the island is inhabited by Sitka blacktail deer
and brown bear and that there is excellent salmon and halibut
fishing around the island. She also noted that it is a good
kayaking area.
Number 350
KEN THOMPSON of Juneau stated he was part of the volunteer program
on Shuyak Island during the summer of 1995, and that it was one of
the best summers of his life. He said it is a magnificent place
with a great abundance of wildlife for hunting and sports fishing.
He added that he doesn't think the terrain on the island is
suitable for snow machines or ATVs.
Number 395
CHAIRMAN MACKIE noted access to public lands is an area of concern
to many people, and legislation has been introduced that addresses
the issue. He asked Mayor Selby if the prohibition of ATVs in
Shuyak State Park was part of the negotiated sale agreement. MAYOR
SELBY responded that it is a very contentious issue on Kodiak
Island right now; there is a number of other land areas that are
being destroyed through improper ATV utilization. In fact, they
are looking at some ways to restrict the use of ATVs on the entire
Kodiak Island. He suggested that if ATVs were allowed in Shuyak
State Park, it would require additional park staff in order to
regulate their use.
SENATOR DONLEY commented that he didn't think anybody on the
committee is suggesting that ATVs should be allowed where they are
inappropriate with the conditions of that specific land, but there
is concern about blanket prohibitions on their use and these
conditions that come with the land so that there is no option for
their proper utilization.
Number 435
There being no further testimony on SB 64, CHAIRMAN MACKIE asked
for the pleasure of the committee.
SENATOR DONLEY moved CSSB 64(CRA) and the accompanying fiscal notes
be passed out of committee with individual recommendations.
Hearing no objection, it was so ordered.
SB 62 CITIES: PAYMENTS IN LIEU OF TAXES
CHAIRMAN MACKIE brought SB 62 before the committee as the next
order of business.
SENATOR GEORGIANNA LINCOLN , prime sponsor of SB 62, read the
following sponsor statement into the record:
"SB 62 provides the framework for disbursement of a new source of
federal funds to some to some Alaska communities. In the last
session of Congress, Senator Stevens was successful in amending the
Omnibus Park and Public Lands Management Act of 1996 to make
additional Payment in Lieu of Taxes funding (PILT) available to
cities in the unorganized borough. These communities are now
eligible to receive PILT moneys generated from compensation by the
federal government for the acreage of federal lands in their census
area.
"The inventory of lands is currently underway in order to determine
the level of payment available within each of eleven federal census
areas. The Alaska Department of Community & Regional Affairs has
worked with Senator Stevens office on this legislation, and is the
entity within the state that will administer the pass through to
the eligible communities. It is the intent of the federal
legislation that these funds be provided to the communities for use
for "any governmental purpose."
"SB 62 provides for annual payments to eligible communities on a
per capita basis. The amount available to the respective
communities for this fiscal year will not be known until the land
inventory is completed by the Bureau of Land Management.
Subsequent annual payments will be subject to the amount
appropriated for the program by the federal government each fiscal
year. Under this legislation, payments to the eligible communities
will be made by November 1 of the fiscal year in which the money is
received by the state."
Senator Lincoln noted that Bill Rolfzen and Kim Metcalf-Helmar from
the Department of Community & Regional Affairs were present to
respond to questions.
Number 485
LAMAR COTTEN , Deputy Commissioner, Department of Community &
Regional Affairs, voiced the department's support for SB 62. They
believe it will provide assistance to cities in the unorganized
borough that currently are not receiving, directly or indirectly,
benefits or payments through PILT; that it does comply with the
intent of Senator Stevens; and there is no overhead administrative
cost to the program.
Number 502
SENATOR WILKEN inquired if there is a like program for federal land
within an organized borough. BILL ROLFZEN , Program Administrator,
Department of Community & Regional Affairs, acknowledged that
organized boroughs in the state receive a PILT payment on the same
formula as the federal census areas will be receiving their PILT
payments. Responding to question from Chairman Mackie as to
whether this would have any adverse effect, he explained this is a
nationwide program, and by adding these federal census areas it
will dilute the nationwide pot slightly.
Number 514
CHAIRMAN MACKIE asked for the pleasure of the committee on SB 62.
SENATOR DONLEY moved SB 62 and the accompanying fiscal notes be
passed 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 2:07 p.m.
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