Legislature(1997 - 1998)

03/09/1998 03:43 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              SENATE RESOURCES COMMITTEE                                       
                    March 9, 1998                                              
                      3:43 P.M.                                                
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Senator Rick Halford, Chairman                                                 
Senator Lyda Green, Vice Chairman                                              
Senator Loren Leman                                                            
Senator Bert Sharp                                                             
Senator Robin Taylor                                                           
Senator John Torgerson                                                         
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Senator Georgianna Lincoln                                                     
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
CS FOR SENATE BILL NO. 236(RES)                                                
"An Act extending the termination date of the Citizens' Advisory               
Commission on Federal Areas in Alaska; and providing for an                    
effective date."                                                               
                                                                               
     - MOVED CSSB 236(RES) OUT OF COMMITTEE                                    
                                                                               
HOUSE JOINT RESOLUTION NO. 51                                                  
Relating to support for H.R. 2924, which allows certain Alaska                 
Native Vietnam veterans and the Elim Native Corporation to select              
land under the Alaska Native Claims Settlement Act.                            
                                                                               
     - HEARD AND HELD                                                          
                                                                               
PREVIOUS SENATE COMMITTEE ACTION                                               
                                                                               
SB 236 - See Resource Committee minutes dated 2/20/98.                         
                                                                               
HJR 51 - See Resource Committee minutes dated 3/9/98.                          
                                                                               
WITNESS REGISTER                                                               
                                                                               
Mr. Walt Sheridan                                                              
P.O. Box 21781                                                                 
Juneau, AK 99802                                                               
POSITION STATEMENT: Supported SB 236.                                          
                                                                               
Mr. Stan Leaphart, Executive Director                                          
Citizens' Advisory Commission on Federal Areas                                 
3700 Airport Way                                                               
Fairbanks, AK 99709                                                            
POSITION STATEMENT: Supported SB 236.                                          
                                                                               
Mr. Del Ackels, Commissioner                                                   
Citizen's Advisory Commission                                                  
P.O. Box 61520                                                                 
Fairbanks, AK 99706                                                            
POSITION STATEMENT: Supported SB 236.                                          
                                                                               
Representative Beverly Masek                                                   
State Capitol Bldg.                                                            
Juneau, AK 99811-1182                                                          
POSITION STATEMENT: Sponsor of HJR 51.                                         
                                                                               
Mr. Don Stolworthy, Staff                                                      
Representative Beverly Masek                                                   
State Capitol Bldg.                                                            
Juneau, AK 99811-1182                                                          
POSITION STATEMENT: Commented on HJR 51.                                       
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-18, SIDE A                                                             
Number 001                                                                     
                                                                               
        SB 235 - BOARD OF CERTIFIED REAL ESTATE APPRAISERS                     
                                                                               
CHAIRMAN HALFORD called the Senate Resources Committee meeting to              
order at 3:43 p.m. and announced SB 236 to be up for consideration.            
                                                                               
MR. WALT SHERIDAN supported SB 236 and said he worked as the Alaska            
Lands Act coordinator for the United States Forest Service a number            
of years ago.  One of his duties was serving as chief of staff with            
the Alaska Land Use Council and he also represented the Forest                 
Service before the Citizen's Advisory Commission.  He's worked with            
the Commission since its inception and believes it provides a                  
unique service to the citizens of Alaska which is not fully                    
provided in any other branch of the State government.                          
                                                                               
The reason we still need a watch dog organization like the                     
Commission is because federal agencies have very short memories.               
ANILCA is a complicated piece of legislation and included many                 
provisions that were intended to protect unique aspects of the                 
Alaskan lifestyle, such as traditional use of public lands, access,            
use of motorized equipment, etc.  Most of these uses are either not            
allowed or are highly restricted on public lands in the lower 48.              
It's a continuing battle to maintain these uses as they were                   
intended in the original ANILCA compromise.  The Commission does a             
remarkable job of keeping federal agencies true to those ANILCA                
compromises.  Federal agencies also have a high turnover of                    
personnel and when people come up here, they have little or no                 
knowledge of ANILCA and a strong bias toward public land management            
as they know it in the lower 48.  Without constant vigil, the                  
ANILCA guarantees to Alaska will be severely eroded or lost                    
entirely.                                                                      
                                                                               
MR. STAN LEAPHART said he would answer any questions they might                
have.                                                                          
                                                                               
SENATOR LEMAN said the sunset date is currently 10 years which is              
considerabaly longer than any sunset extension the legislature has             
been giving.  So in the interests of keeping it uniform, he moved              
to extend the Commission to 2003 instead of 2008.  There were no               
objections and it was so ordered.                                              
                                                                               
SENATOR LEMAN moved to pass CSSB 236(RES) from committee with                  
individual recommendations and the accompanying fiscal note.  There            
were no objections and it was so ordered.                                      
                                                                               
MR. DEL ACKELS, Commissioner, Citizen's Advisory Commission,                   
commented that the problems are getting worse and he supported the             
bill.                                                                          
                                                                               
                    HJR 51 - SUPPORT H.R. 2924                                 
                                                                               
CHAIRMAN HALFORD announced HJR 51 to be up for consideration.                  
                                                                               
REPRESENTATIVE BEVERLY MASEK said this resolution is based on a                
House bill Representative Don Young introduced in Congress.  During            
the Vietnam era, between 800 - 2,000 Alaska native veterans serving            
our armed forces missed out on their opportunity to make their land            
selections under the Native Allotment Act.  These veterans were                
either fighting in combat zones or were simply overlooked by the               
BIA.  HJR 51 says the Alaska legislature supports Congressman                  
Young's efforts to correct the situation by amending the Alaska                
Native Claims Settlement Act(ANCSA) to allow the overlooked                    
veterans to make their land selections and to restore 50,000 acres             
to the Elim Native Corporation. In Elim, the land was improperly               
withdrawn from the Norton Bay reservation in 1927 by Presidential              
Executive Order.                                                               
                                                                               
CHAIRMAN HALFORD said he is familiar with the situation, but he                
wanted more information on Elim.                                               
                                                                               
REPRESENTATIVE MASEK said HJR 51 reflects Congressman Young's bill,            
H.R. 2924 which says the lands were withdrawn by Presidential                  
Executive order.                                                               
                                                                               
MR. DON STOLWORTHY, Staff to Representative Masek, said in 1917                
President Wilson withdrew lands for the Norton Bay Reservation and             
in 1923 Congress said the President couldn't withdraw public lands;            
that only Congress had that authority.  Although, in WWI there was             
homesteading going on by veterans and President Hoover in 1927 to              
prevent these natives from being able to select lands within the               
Norton Bay Reservation withdrew 50,000 acres by Presidential                   
Executive Order.  However, none of the veterans ever tried to                  
choose any of that land.  Congress is trying to go back and restore            
that 50,000 acres, but 11,000 acres has already been selected by               
the Koyuk Village Corporation.  So the Department of Interior and              
Congress need to resolve that issue.                                           
                                                                               
SENATOR TORGERSON asked if they are authorizing them to pick                   
acreage under new geographic boundaries.                                       
                                                                               
MR. STOLWORTHY answered that he didn't know.                                   
                                                                               
SENATOR TORGERSON said he was wondering if the original application            
was for mining.                                                                
                                                                               
CHAIRMAN HALFORD said historically there was an argument going on              
in the country with regard to reservations.  This may have been the            
President's action and then Congressional action to change his                 
action.  Congress from 1900 - 1930 was kind of schizophrenic with              
regard to how they intended to treat aboriginal claims.                        
                                                                               
CHAIRMAN HALFORD said staff would research their questions                     
regarding what happened and why and then bring the bill up at                  
another meeting.  He adjourned the meeting at 4:10 p.m.                        

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