Legislature(2003 - 2004)

02/27/2004 03:32 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                       February 27, 2004                                                                                        
                           3:32 p.m.                                                                                            
TAPE(S) 04-17                                                                                                                 
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Scott Ogan, Chair                                                                                                       
Senator Ralph Seekins                                                                                                           
Senator Ben Stevens                                                                                                             
Senator Kim Elton                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Thomas Wagoner, Vice Chair                                                                                              
Senator Fred Dyson                                                                                                              
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
SENATE BILL NO. 190                                                                                                             
"An Act  adding certain state-owned  land and water to  the Kenai                                                               
River Special Management Area; relating  to the mineral estate of                                                               
the  state-owned  land  and  water in  the  Kenai  River  Special                                                               
Management Area;  amending the qualifications for  members of the                                                               
Kenai  River   Special  Management   Area  advisory   board;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     MOVED CSSB 190(STA) OUT OF COMMITTEE                                                                                       
                                                                                                                                
SENATE BILL NO. 303                                                                                                             
"An Act  relating to the  Big Game Commercial Services  Board and                                                               
to   the   regulation   of  big   game   hunting   services   and                                                               
transportation services; and providing for an effective date."                                                                  
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
BILL: SB 190                                                                                                                  
SHORT TITLE: KENAI RIVER SPECIAL MANAGEMENT AREA                                                                                
SPONSOR(s): SENATOR(s) WAGONER                                                                                                  
                                                                                                                                
04/16/03       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/16/03       (S)       STA, RES                                                                                               
01/20/04       (S)       STA AT 3:30 PM BELTZ 211                                                                               

01/20/04 (S) Moved CSSB 190(STA) Out of Committee

01/20/04 (S) MINUTE(STA)

01/21/04 (S) STA RPT CS 3DP 1NR NEW TITLE

01/21/04 (S) DP: STEVENS G, COWDERY, STEDMAN;

01/21/04 (S) NR: GUESS 02/16/04 (S) RES AT 3:30 PM BUTROVICH 205 02/16/04 (S) Heard & Held 02/16/04 (S) MINUTE(RES) 02/27/04 (S) RES AT 3:30 PM BUTROVICH 205 BILL: SB 303 SHORT TITLE: BIG GAME SERVICES & COMM. SERVICES BD SPONSOR(s): RULES BY REQUEST OF LEG BUDGET & AUDIT 02/06/04 (S) READ THE FIRST TIME - REFERRALS 02/06/04 (S) RES, FIN 02/20/04 (S) RES AT 3:30 PM BUTROVICH 205 02/20/04 (S) Heard & Held 02/20/04 (S) MINUTE(RES) 02/27/04 (S) RES AT 3:30 PM BUTROVICH 205 WITNESS REGISTER Ms. Amy Seitz Staff to Senator Wagoner Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Commented on SB 190 for sponsor. Mr. Henry Webb Staff to Representative Ralph Samuels Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Commented on SB 303 for the sponsor. ACTION NARRATIVE TAPE 04-17, SIDE A SB 190-KENAI RIVER SPECIAL MANAGEMENT AREA CHAIR SCOTT OGAN called the Senate Resources Standing Committee meeting to order at 3:32 p.m. Present were Senators Ben Stevens, Ralph Seekins, Kim Elton and Chair Scott Ogan. The first order of business to come before the committee was SB 190. MS. AMY SEITZ, staff to Senator Wagoner, sponsor of SB 190, said the bill had been discussed last Monday and there were no changes. However, Senator Elton wanted to know how moving EVOS (Exxon Valdez Oil Spill) lands into KRSMA (Kenai River Special Management Area) would affect oil and gas development. She was told that the conservation easements in the EVOS purchasing agreement would not change when the parcels are moved into KRSMA. SENATOR KIM ELTON said he appreciated the Department of Natural Resources' work and Chair Ogan asked that its memo be included in the record, which follows. · The subsurface estate is the dominant estate · EVOS conservation easements only apply to the portion of the estate acquired with EVOS funds · The use of lands acquired with EVOS funds is controlled by the terms of the conservation easements on them. The KRSMA designation does not affect the conservation easements · Conservation easements associated with EVOS lands apply to the specific land interest acquired. If the subsurface estate was not a part of the purchase, the conservation easement cannot limit access to the mineral estate any more than the surface owner of any parcel of land can limit access to the minerals underlying his estate · Typically, we did not acquire the subsurface state with EVOS funds. If we did acquire the subsurface estate on any of the EVOS funded parcels, utilization of the minerals on that specific parcel would be limited by the terms of the conservation easement · Typically, the oil and gas rights on many of the EVOS acquired parcels were previously conveyed to the State of Alaska via patent and as such would be subject to the terms of the conservation easement · Generally, the conservation easement on EVOS acquired parcels is consistent with Parks' management intent and the KRSMA designation. · The conservation easement has no effect on adjacent parcels SENATOR BEN STEVENS moved to pass CSSB 190(STA), version \I, from committee with attached fiscal note and individual recommendations. There were no objections and it was so ordered. 3:37 p.m. to 3:30 p.m. - at ease SB 303-BIG GAME SERVICES & COMM. SERVICES BD CHAIR SCOTT OGAN announced SB 303 to be up for consideration. He asked everyone to consider the changes in the bill over the upcoming weekend. SENATOR RALPH SEEKINS moved to adopt the proposed CSSB 303(RES), version \D, for discussion purposes. CHAIR OGAN said he would like to hold voting on the motion until the bill was before the committee next time to allow for amendments, since it is pretty extensively reworked. MR. HENRY WEBB, Staff to Representative Ralph Samuels, sponsor, said that they met with the Department of Fish and Game (ADF&G), Department of Public Safety (DPS), Division of Occupational Licensing and the Board of Game and went through the bill page by page. There were 63 changes, some were technical and some were substantive. CHAIR OGAN asked him to go over the substantive changes. MR. WEBB said he would rather do a complete markup so the whole bill could be before the committee. He hoped to have it done within the next couple of days. SENATOR ELTON suggested that it makes sense to wait for the markup before the committee goes through the bill. CHAIR OGAN said that made sense to him, too. SENATOR STEVENS moved to adjourn. There were no objections and the meeting was adjourned at 3:42 p.m.

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