Legislature(1997 - 1998)
03/09/1998 03:43 PM Senate RES
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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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