Legislature(1993 - 1994)
03/18/1994 03:35 PM Senate RES
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* first hearing in first committee of referral
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SENATE RESOURCES COMMITTEE
March 18, 1994
3:35 P.M.
MEMBERS PRESENT
Senator Mike Miller, Chairman
Senator Loren Leman, Vice Chairman
Senator Steve Frank
Senator Drue Pearce
Senator Dave Donley
MEMBERS ABSENT
Senator Al Adams
Senator Fred Zharoff
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 132(FIN)
"An Act extending the time period of permits issued by the
Department of Environmental Conservation, the Department of Fish
and Game, and the Department of Natural Resources relating to the
extraction or removal of resources if the permittee, or an agency
issuing a permit to the permittee, is involved in administrative or
judicial proceedings concerning the issuance or validity of a
permit related to the extraction or removal of resources, and the
permittee is unwilling to engage in the resource extraction or
removal activity due to the proceedings."
SENATE BILL NO. 339
"An Act relating to the management of state land and resources;
relating to certain remote parcel and homestead entry land purchase
contracts and patents; and providing for an effective date."
PREVIOUS ACTION
HB 132 - No previous action to record.
SB 339 - See Resources minutes dated 3/21/94.
WITNESS REGISTER
Ben Williams, Legislative Aide
c/o Representative Tom Brice
State Capital
Juneau, Ak. 99801-1182
POSITION STATEMENT: Commented on HB 132.
Neil Johannsen, Director
Division of Parks
Department of Natural Resources
P.O. Box 107001
Anchorage, Ak. 99510-7001
POSITION STATEMENT: Supported SB 339.
ACTION NARRATIVE
TAPE 94-22, SIDE A
Number 001
CHAIRMAN MILLER called the Resources Committee meeting to order at
3:35 p.m. and announced CS HB 132 (FIN) (EXTEND RESOURCE EXTRACTION ION
PERMIT/LEASE) to be up for consideration.
BEN WILLIAMS, Aide for Representative Brice, said that many
resource developments in Alaska are delayed by time consuming
litigation and administrative proceedings which drive up the cost
of a project or even kill it. CSHB 132 (FIN) will fix this
problem. State permits relating to a resource extraction or
removal project will be extended by the amount of time lost in the
law suit not to exceed the original length of the permit and there
would be no fee for the extension.
The Alaska Minerals Commission and the Governor's Task Force on
Regulatory Reform both recommend extensions for permits shortened
by proceedings, Mr. Williams said.
SENATOR LEMAN moved to adopt the Senate CS for CSHB 132 (FIN),
Luckhaupt version m. There were no objections and it was so
ordered.
SENATOR FRANK asked what would happen if a federal permit was under
question. MR. WILLIAMS said the state wouldn't charge for the
extra time if the permit holder prevailed.
SENATOR LEMAN moved to pass Senate CS to CSHB 132 (RES) with
accompanying fiscal notes and with individual recommendations.
There were no objections and it was so ordered.
Number 91
SENATOR MILLER announced SB 339 (MANAGEMENT OF STATE LAND AND
RESOURCES) to be up for consideration.
NEIL JOHANNSEN, Director, Division of Parks, said that Title 38 is
the basic direction with which they manage all of the state's
natural resources. The bill before them is part 1 of a 2 part
process.
He said they support SB 339 which is basically a housekeeping
measure dealing with land disposals, native allotments in parks,
setnet and aquatic farm sites, direct negotiated timber sales, oil
and gas leasing, and mining. This measure would create a lot more
efficient Department of Natural Resource from the standpoint of
management. He said it protects the public process and it doesn't
craft any sale of the resources that is not in the sunlight. MR.
JOHANNSEN concluded that he was present as a coordinater, not a
commander.
RON SWANSON, Director, Division of Lands, said sections 1 and 2
would merge the former land disposal bank into an existing state
land disposal program. The land bank is obsolete since they have
already identified more than enough land for disposal.
Section 3 would combine two separate legislative reports into one.
The annual report on land classifications would include acreage on
lands classified for various types of land disposal.
Section 4 would put the state land disposal program on the same
footing as other natural resource sale programs. They would submit
a budget request each year that would be discretionary, not
mandatory. Each budget proposal would be complete.
Section 5 would make technical corrections and section 6 would make
it clear that the five acre limit on subdivision lot size applies
only to residential and recreational sales and not to agricultural
parcels or commercial parcels. It would also allow larger lots if
it would be more profitable for the state.
Section 7 would update a list of state land disposal programs by
auditing the homestead law and section 8 would delete a reference
to the annual land demand study. Section 9, however, would allow
the Department to create new land disposal programs by regulation
so long as they provide for competition and provide at least fair
market value for the land.
Section 10 clarifies the legislature's policy that sales of public
land to private individuals should be at fair market value unless
otherwise directed and gives further guidance on the remote cabin
program. Section 11 would deal with native allotments in state
parks
Sections 12 - 14 and 32 respond to a superior court decision saying
it is unconstitutional to make state land purchasers appear in
person at a sale.
Sections 16 - 18 simplify the process of leasing tideland for
setnet fishing. Section 16 would allow standard leasing methods to
be used for setnet fishing sites. Section 17 removes language
limiting fees for setnet leases to administrative costs.
Section 18 with conforming amendments in section 29 and several
repealers would streamline authorizations for public farming.
Section 19 modernizes requirements to restore surface lease sites
after lease termination protecting the state against liability for
high cleanup costs.
Section 28 would clarify that the Division could allow livestock
raising and similar low value uses by issuing permits.
Section 33 would raise the fee to receive a nonagricultural
homestead entry permit to $20 per acre.
Section 34 would insure that the setnet leasing changes made in
section 16 and 17 would not be affected by replacement legislation
that goes into effect in 1997.
Section 36 protects valid existing rights of homestead entry
permitees and aquatic farm site permits. Section 37 allows the
Department to adopt regulations in advance of the bill's effective
date. Section 38 affects the remote parcel program. It would
prohibit the Department from imposing the conditions of former AS
30.05.078 (d) in new remote parcel purchase contracts. These
conditions restricted the sale or subdivision of remote parcels
after it was conveyed into private ownership.
MR. SWANSON said, on behalf of the Department of Agriculture,
section 15 replaces "approximate vicinity," a term that is not used
anywhere else in the statutes with "adjacent," a term that is used
elsewhere in the statute.
SENATOR LEMAN asked if this bill would have aided the process
involved in the Kachemak Bay buy back process. MR. JOHANNSEN said
this is aimed at native allotments under the 1906 Federal Native
Allotment Act which are limited to 160 acres, a different law.
SENATOR MILLER said it was his intention to go through this bill
more and bring it up again next Monday.
SENATOR MILLER adjourned the meeting at 4:02 p.m.
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