Legislature(2017 - 2018)BUTROVICH 205
04/03/2017 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB88 | |
| SB65 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 88 | TELECONFERENCED | |
| *+ | SB 65 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
April 3, 2017
3:30 p.m.
MEMBERS PRESENT
Senator Cathy Giessel, Chair
Senator John Coghill, Vice Chair
Senator Natasha von Imhof
Senator Bert Stedman
Senator Shelley Hughes
Senator Kevin Meyer
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 88
"An Act authorizing a land exchange with the federal government
in which certain Alaska mental health trust land is exchanged
for certain national forest land and relating to the costs of
the exchange; and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 65
"An Act establishing the Jonesville Public Use Area."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 88
SHORT TITLE: AK MENTAL HEALTH TRUST LAND EXCHANGE
SPONSOR(s): SENATOR(s) STEDMAN
03/10/17 (S) READ THE FIRST TIME - REFERRALS
03/10/17 (S) RES, FIN
03/22/17 (S) RES AT 3:30 PM BUTROVICH 205
03/22/17 (S) Heard & Held
03/22/17 (S) MINUTE(RES)
04/03/17 (S) RES AT 3:30 PM BUTROVICH 205
BILL: SB 65
SHORT TITLE: JONESVILLE PUBLIC USE AREA
SPONSOR(s): SENATOR(s) DUNLEAVY
02/22/17 (S) READ THE FIRST TIME - REFERRALS
02/22/17 (S) RES, FIN
04/03/17 (S) RES AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
REBECCA KNIGHT, representing herself
Petersburg, Alaska
POSITION STATEMENT: Opposed SB 88.
CHARLES WOOD
Mitkof Highway Homeowners Association (MHHA)
Petersburg, Alaska
POSITION STATEMENT: Supported SB 88.
DAVID LANDIS, Mayor
Ketchikan Gateway Borough
Ketchikan, Alaska
POSITION STATEMENT: Supported SB 88.
LARRY EDWARDS, representing himself
Sitka, Alaska
POSITION STATEMENT: Opposed SB 88.
DENNIS WATSON, Mayor
City of Craig
Craig, Alaska
POSITION STATEMENT: Supported SB 88.
OWEN GRAHAM, lobbyist
Alaska Forest Association
Ketchikan, Alaska
POSITION STATEMENT: Supported SB 88.
BRYCE DAHLSTROM, Vice President
Transportation and Raw Materials
Viking Lumber
Klawock, Alaska
POSITION STATEMENT: Supported SB 88.
WYN MENEFEE, Deputy Director
Land Office
Alaska Mental Health Trust Authority
Department of Natural Resources (DNR)
POSITION STATEMENT: Supported SB 88.
GINA RITACCO, staff for Senator Dunleavy
Juneau, Alaska
POSITION STATEMENT: Presented SB 65 for the sponsor.
LYNNE WOODS, representing herself
Sutton, Alaska
POSITION STATEMENT: Supported SB 65.
PATTI BARBER, representing herself
Butte, Alaska
POSITION STATEMENT: Supported SB 65.
KENNY BARBER, representing himself
Butte, Alaska
POSITION STATEMENT: Supported SB 65.
JIM SYKES, Member
Matsu Borough Assembly
Palmer, Alaska
POSITION STATEMENT: Supported SB 65.
CLARK COX, Natural Resources Manager
Division of Mining, Land and Water
Department of Natural Resources (DNR)
Anchorage, Alaska
POSITION STATEMENT: Available to answer questions on SB 65.
HEATHER FAIR, Statewide Right-of-Way Chief
Division of Statewide Design & Engineering Services
Department of Transportation and Public Facilities (DOTPF)
Juneau, Alaska
POSITION STATEMENT: Supported clarifying language in SB 65.
MARK BERTELS, President
Sutton Community Council (SCC)
Sutton, Alaska
POSITION STATEMENT: Supported SB 65.
SCOTT LAPIENE, representing himself
Wasilla, Alaska
POSITION STATEMENT: Supported SB 65.
BETH FREAD, representing herself
Palmer, Alaska
POSITION STATEMENT: Supported SB 65.
AL BARRETTE, representing himself
Fairbanks, Alaska
POSITION STATEMENT: Supported SB 65 with an amendment to protect
existing trap lines and make the area pet-free during trapping
season.
ACTION NARRATIVE
3:30:42 PM
CHAIR CATHY GIESSEL called the Senate Resources Standing
Committee meeting to order at 3:30 p.m. Present at the call to
order were Senators Stedman, Coghill, Wielechowski, Meyer, and
Chair Giessel.
SB 88-AK MENTAL HEALTH TRUST LAND EXCHANGE
3:31:18 PM
CHAIR GIESSEL announced consideration of SB 88, which was first
heard on March 22. The bill is a proposed land exchange for the
Mental Health Trust Land Authority (AMHTA). She opened public
testimony.
REBECCA KNIGHT, representing herself, Petersburg, Alaska,
opposed SB 88 on a variety of grounds and believed that a
federal buyout of AMHTA's proposed land exchange was a far
better alternative.
SENATOR HUGHES joined the committee.
MS. KNIGHT asked the committee to change the action to a federal
buyout with the lands to be added to the Tongass National Forest
and the proceeds going into the trust. While the Petersburg
Borough Assembly formerly supported the buyout option if the
federal legislation failed to pass Congress by January 15, 2017,
Ms. Knight said this option would satisfy the trust's mission to
improve the lives of beneficiaries as well as mitigate impacts
to Petersburg and Ketchikan area land owners while also avoiding
long-term and massive landscape-level impacts elsewhere if
exchange legislation is enacted.
As presently conceived, the bills in the legislature and
Congress would allow continuous clear cuts on several thousand
acres on already heavily-logged Rosella and Prince of Wales
(POW) Islands. For instance, a total 19 square-mile clear cut
will result on Rosella Island when combined with the trust's
nearly 4,000-acre existing clear cut and the proposed and
directly adjacent 8,000-acre exchange parcel. This existing and
proposed scale of logging is in the direct flight path of
thousands of Ketchikan flight-seeing visitors each summer.
A federal buy-out is a reasonable solution, because Congress
created the AMHTA and endowed it with land to support itself,
and this would result in no environmental harm. If SB 88 passes,
AMHTA could finalize the action much sooner and cost the trust
only about half the $6-million exchange cost for survey and
appraisals since only about half the lands would be involved.
Finally, AMTHA's land could be purchased for a few tens of
millions of dollars at fair market value, which is a sliver of
the amount saved from the public purse for mental health
services since its inception 61 years ago.
3:34:44 PM
CHARLES WOOD, Mitkof Highway Homeowners Association (MHHA),
Petersburg, Alaska, supported SB 88. He said the MHHA is a group
of 95 Petersburg homeowners living below and commuting along
State Highway 7, the Mitkof Highway, which lies at the foot of
the trust's demonstrably steep, unstable hillside parcels. The
U.S. Forest Service (USFS) using orthophotographic mapping has
designated the soils across most of the trust parcels as
landslide hazard soils and a majority of the parcels exceed
Forest Service standards pertaining to logging. The Mitkof
Highway corridor below the trust parcels have been analyzed and
mapped by the Division of Forestry and the Landslide Science and
Technical Committee as a landslide hazard zone.
MR. WOOD said the State Division of Forestry has no criteria in
its best management practices specific to logging steep,
unstable slopes within inhabited landslide hazard areas. Yet, if
the trust were to ever log these slopes, it would do so under
the guidance of Alaska's Forest Resources and Practices Act.
He said the focus of the MHHA over the past 11 years has been
entirely on public safety; never once has viewshed or community
backdrop, local recreational opportunities, wildlife corridors,
or tourism been considered, though each of the issues presents
reasonable arguments in favor of the land exchange. Nor has
commentary been offered on the trust lands next to other
communities or the Forest Service lands involved with the
exchange.
Logging the slopes above their homes runs the risk of
accelerated landslide activity, Mr. Wood said. His group
believes that the Division of Forestry's best management
practices guidelines provide insufficient safeguards to protect
their homes and property from unwise timber harvest. Conversely,
he expects that management of the hillside by the USFS will
entail other criteria, which will ensure that public safety will
not be impacted by logging.
DAVID LANDIS, Mayor, Ketchikan Gateway Borough, Ketchikan,
Alaska, supported SB 88. He said the borough has repeatedly and
consistently supported the land exchange referenced in SB 88. It
is a win/win/win proposition for Ketchikan. It is a win for
their timber industry, because it is economically important to
provide a consistent supply of timber for those jobs that are
directly involved in the industry in Southeast and the many
private businesses who are vendors to it.
This is also a win for the citizens of Ketchikan and the over
one-million tourists who will visit Ketchikan this year, because
the trust lands to be exchanged are directly behind Ketchikan on
Deer Mountain and on Gravina Island above the airport. These are
major view sheds and the Deer Mountain parcel also has a very
popular trail used by locals and visitors. There is virtually no
support in Ketchikan to log these areas; the swap would protect
these lands and provide other lands more practical for timber
sales.
In addition, this is a win for the Mental Health Trust
Authority, because like all communities in Alaska, Ketchikan has
citizens who suffer from mental illness, substance abuse, and
other disorders, and the AMHTA needs revenue to fund their
efforts; this land exchange will provide that revenue.
In closing, Mr. Landis said, this exchange is as close as you
can get to a "win" for everyone involved.
3:38:50 PM
LARRY EDWARDS, representing himself, Sitka, Alaska, opposed SB
88 and wanted it amended to a federal buy-out of the trust's
problematic parcels. This would result in a "triple win" of
needed funds for the trust, the end of logging threats in five
communities and No Name Bay, and avoidance of high impacts on
new trust lands. Amending the bill would also direct the
delegation to amend its bills in Congress. The committee lacks
information to get a hard look at impacts in vicinities where
the trust would get new land. Trust and Division of Forestry
testimony looked only at supposed benefits during these impacts.
ADF&G's Wildlife and Habitat Divisions were not invited to
testify even though the trust would get 33 square miles of
forest for logging in large blocks on two islands that would
have high landscape-scale cumulative impacts. Their testimony is
needed.
MR. EDWARDS asked them to review comments from the Greater
Southeast Alaska Conservation Community on why cumulative
impacts of the land exchange are a very significant issue. They
underscore why a hard look by the state is imperative. He said
the Alaska Constitution obligates state government to ensure
that resource development is sustainable and in the public
interest. The Alaska Supreme Court said this means a hard look
at salient problems, genuinely engaging in reasonable decision-
making, and considering all relevant factors including
cumulative impacts. But, under the Forest Practices Act there is
no state hard-look at landscape-scale impacts. So, the
constitutional hard look obligation for the proposed land
exchange falls squarely upon the legislature, and this
committee. A buyout option, besides being the best option,
avoids the constitutional problem. The state can't afford to do
a buy-out, but the federal government can.
3:41:22 PM
DENNIS WATSON, Mayor, City of Craig, Alaska, supported SB 88. He
said he is also the general manager of the Inter-Island Ferry
Authority. He said what usually gets lost in the rhetoric is
that this bill will help pave the way to a more sustainable
revenue stream for the AMHTA that funds programs for the most
vulnerable Alaskans. This bill and the timber supply it will
facilitate for the Prince of Wales (POW) Island and the City of
Craig will keep the island's timber industry and its economy
going while efforts to lift restrictions on federal timber sale
areas are allowed to bear fruit. This timber supply will also
keep their largest sawmill, the Viking Lumber, in operation. It
provides a year-round payroll and many direct and indirect jobs
to Prince of Wales residents.
He said the wood wanes from the mill provide energy in the form
of heat for the Craig elementary and middle schools and the
municipal swimming pool. The wood waste is also compressed into
bio-bricks, further increasing the percentage of total
utilization of each tree processed. In the end, the logging
roads built by the mill will allow "Mom and Pop" mill operators
to access smaller timber sales and salvage timber for their
lumber cutting operations and to provide high quality product
for the music wood industry. These roads will also allow island
residents access to firewood, hunting, berry picking, and other
subsistence and recreational activities.
MR. WATSON said the Viking Mill is the island's largest consumer
on the Prince of Wales Island electrical grid. Ceasing its
operation would translate into much larger electric bills for
island ratepayers.
OWEN GRAHAM, lobbyist, Alaska Forest Association, Ketchikan,
Alaska, supported SB 88. The lands that AMHTA would receive in
this exchange are areas that have had some logging in the past;
the road systems are already in and they are not adjacent to any
big communities. These are areas that were planned for logging
by the Forest Service in the long term without any harm to any
fish and wildlife. It is a win for everybody.
MR. GRAHAM said the last federal administration couldn't provide
enough timber for the last surviving mill that will be out of
wood in less than one year, and the Forest Service says it will
be at least three before they can provide additional timber to
it. So, the exchange really needs to go forward.
He said several people testified that they would like to see the
federal government purchase the AMHTA land and he opposes that
idea, because the federal government already owns and manages
close to 95 percent of the land in the region, most of which is
kept idle. If they purchase the land it won't benefit anybody,
and the community will lose 100 jobs.
3:46:10 PM
BRYCE DAHLSTROM, Vice President, Transportation and Raw
Materials, Viking Lumber, Klawock, Alaska, supported SB 88. He
said lack of federal timber has caused many saw mills to shut
down and the loss of thousands of full-time skilled jobs over
the last 30 years. SB 88 will provide the much-needed timber to
keep the existing industry alive in the short term. It will also
provide a stable supply into the future. Exchange of lands held
by the trust now will protect the backdrops of several Southeast
cities and give the trust the ability to manage the lands they
receive.
MR. DAHLSTROM said Viking Lumber directly employs 40 people on
POW Island where they are 60 percent of the revenue for Alaska
Power and Telephone. Up to 250 jobs could be lost if they run
out of timber. SB 88 will allow Viking to keep all these hard-
working Alaskans with full-time employment. The unemployment
rate on POW is 13.8 percent, almost double that of Southeast.
The island cannot stand to have any existing business disappear.
He said they need to be looking at ways to grow sustainable
economies in Southeast, which is what SB 88 will do.
CHAIR GIESSEL, finding no further comments, closed public
testimony, and announced that Andrew Naylor Department of Law on
was line for questions. She also remarked that the bill requires
some technical changes that would put them in alignment with
Congressional legislation and invited Mr. Menefee to tell them
about the changes.
3:48:24 PM
WYN MENEFEE, Deputy Director, Land Office, Alaska Mental Health
Trust Authority (AMHTA), Department of Natural Resources (DNR),
supported SB 88. He explained that the U.S. Senate Energy and
Natural Resources Committee removed a 54-acre island from No
Name Bay in the exchange. In the revision the No Name Bay map
got a different date. So that there is no confusion and to stay
in sync with the federal bill, the map in the state legislature
would also have to be revised with a new date.
CHAIR GIESSEL, finding no questions, said they were working on a
committee (CS) that would be available by tomorrow.
SENATOR MEYER said language on page 2, line 14, said the AMHTA
shall pay all costs of the exchange and asked Mr. Menefee what
that would be.
3:50:52 PM
SENATOR VON IMHOF joined the meeting.
MR. MENEFEE replied that the biggest cost will be from the
survey and appraisal and from reimbursing the Forest Service
employees who are doing the follow up title work. He expected
the survey and appraisals would cost about $3 million instead of
initially anticipated $6 million, because the legislation
doesn't require a NEPA analysis. The bill takes away the
discretion of the Forest Service by saying "they shall
exchange," leaving no alternatives to consider.
SENATOR MEYER asked what was meant by "karst" on page 3, line 7.
MR. MENEFEE answered that "karst" is a form of limestone
formation. The concern was specifically in the Phase 1 area of
Nakabi that has underground anadromous fish streams through
which fish migrate to get to the next water body. This area is
called out specifically, because the Alaska Forest Practices Act
typically deals with surface water and requires a buffer next to
anadromous fish streams to protect them from logging.
SENATOR MEYER said language on page 3, line 8, says the
Department of Natural Resources may enter into a cost-share
agreement to cover the cost of road maintenance with respect to
any reciprocal road easements in the exchange, and asked if that
is something DNR typically does.
MR. MENEFEE said this is something that is normally done by the
department. The issue is if the state is going to use an
easement that is owned by somebody else and make money off it
by, for instance, having a timber operation and logging trucks
running down the road, it's hard to expect that owner to carry
the increased maintenance of that road. So, cost-sharing
agreements are common for substantial impacts an easement.
CHAIR GIESSEL found no further questions and held SB 88 in
committee.
SB 65-JONESVILLE PUBLIC USE AREA
3:54:43 PM
CHAIR GIESSEL announced consideration of SB 65. She stated that
Alaska's public lands were meant for all Alaskans, ensuring that
multiple types of uses occur, but not at the expense of public
safety or harm to the environment.
In 2006, the legislature passed HB 307, which set up the Knik
Public Use Area. That was in response to the need to establish
some order to the problems of vandalism, shooting, and trail
degradation that had arisen in that area. While this example has
shown to be a success, some of the very troublesome activities
that the public use area curbed have found their way into the
Jonesville area near the community of Sutton. So, the Community
Council of Sutton and residents in and around the Jonesville
area would like to replicate the Knik River Public Area success
with the legislation before them.
3:55:51 PM
GINA RITACCO, staff for Senator Dunleavy, Juneau, Alaska,
presented SB 65 for the sponsor. She said the Jonesville Public
Use Area is approximately 11,000 acres and is surrounded by the
community of Sutton, which was originally formed as a coal
mining community. Mining took place from 1920s-70s under the
1977 Mining Reclamation Act, which was a federal act. The
federal government paid for the area to be restored to a more
natural use. In 2006 and 2009, additional restoration work was
done. At that point, the land became general state use land,
which can't restrict any legal activity, such as all-terrain
vehicles (ATV), hiking, swimming, camping, and shooting.
However, illegal behavior, like lighting cars on fire, remain
illegal.
She said the increased popularity of the area is due to many
options for recreation that include swimming and camping, hiking
trails, and former mining areas for motorcycle and ATV riding.
Motorhome and camping are used year-round. One of the main
problems is that random makeshift shooting ranges have occurred.
So, gunfire is crossing hiking paths and camping areas, as well
as local homes. The Sutton Community Council calls it the "Mad
Max Theatre." In fact, last year a stray bullet caused one
fatality. The neighborhood complains of constant loud explosive
sounds and abandoned vehicles.
MS. RITACCO explained that to restrict any legal activities,
such as the stray bullets, the area must be designated as a
public use area, which then triggers a management plan. This
bill does not actually require DNR to create a management plan,
but it allows for the possibility of one going through. A
management plan cannot be set up under general state use land.
She added that a management plan would allow DNR to designate
areas for specific use and this would protect homes and property
of local citizens, reduce the ATV accidents, increase safety for
recreational shooting, mitigate illegal dumping, and provide a
healthy and safer environment for the public to use in general.
This bill was modeled after the 2006 Knik River Public Use Area,
the main difference being that this comes with no funding for
enforcement or creation of the management area.
SENATOR MEYER asked what will be done since there is no money
for developing the plan or enforcement.
MS. RITACCO replied that it would go into the DNR job queue.
However, other programs that have money attached are a priority,
and it is possible that DNR never gets around to creating a
management plan.
3:59:39 PM
SENATOR MEYER remarked that if this needs to be done it should
have adequate funding. This area has had problems and he asked
if the Knik River Public Use plan is done.
MS. RITACCO answered yes, and it had funding attached to it. She
added that the Sutton Community Council and the local interest
groups aren't concerned about not having money attached. The
first step is to allow the designation of the Jonesville Public
Use Area. She said the Sutton Community Council has been able to
raise $150,000 for a playground in the past and feels rather
confident that they can find some money.
SENATOR MEYER responded that that is very noble of the Sutton
Community Council, but he thought that enforcement was needed,
or the problems will continue to exist.
SENATOR HUGHES asked if the community could develop a management
plan and present it to DNR.
MS. RITACCO replied that the community has already been in
contact with DNR and is working with all the stakeholders to
develop a plan. DNR has said they would be willing to go out for
public comment on it. The next step would be for the
commissioner to sign off on it.
4:02:38 PM
SENATOR HUGHES asked if that were to happen, would troopers be
able to enforce it.
MS. RITACCO answered yes. They would then have the authority to
write citations for whatever was not being followed in the
management plan. As it stands right now, troopers can still go
and arrest people for arson and other illegal activity, but the
management plan would allow them to write tickets to people who
are hiking through the shooting range or shooting in the hiking
area and things like that. The bill also allows for the DNR
commissioner to authorize volunteers for enforcement, and the
community of Sutton has volunteers that would be willing to do
that.
4:03:40 PM
SENATOR HUGHES asked if the community's plan has a timeframe for
presentation to the commissioner.
MS. RITACCO answered that she didn't know of one.
4:04:25 PM
MS. RITACCO provided a sectional analysis of SB 65.
Section 1 has multiple subsections. Section 41.23.280
establishes the purpose of the public use area. AS 41.23.282
provides for management of the surface and subsurface estate to
be managed by DNR and the fish and wildlife to be managed by
ADF&G. It clarifies that the public use area is not part of the
state park system. It directs DNR to identify and protect
wetlands within the boundaries.
Section 41.23.284 provides for the type of uses that may and may
not be prohibited. AS 41.23.286 defines the boundaries of the
public use area. AS 41.23.288 describes who has enforcement
authority for violations committed. AS 41.23.289 states that the
penalty is a violation as defined in AS 11.81.900 and requires
the Supreme Court to create a bail schedule for these
violations.
Section 2 is uncodified law and directs the Supreme Court to
create a bail schedule within 90 days after the management plan
is adopted. That concluded the analysis.
CHAIR GIESSEL opened invited testimony.
4:05:39 PM
LYNNE WOODS, representing herself, Sutton, Alaska, supported SB
65. She said she lives on the Jonesville Access Road and was a
Mat-Su Borough Assembly person when the Knik River Public Use
Area was created. They always wondered where the "rabble
rousers" were going to go next. They chose Sutton where their
activities have been tolerated for too many years.
MS. WOODS said planning started in this area in 1986 when the
Moose Range was created. Good plans are already done. Chickaloon
Village is very active and has done stream restoration at Moose
Creek and initiated a planning process with the Mat-Su Borough a
few years ago identifying lands to keep for recreation, hunting,
and fishing, and those things that are being lost now. She said
with this tool they can establish goals and find potential
funders. They are very motivated.
4:09:35 PM
SENATOR HUGHES asked if there is a timeframe for the community
to present its work to the DNR commissioner.
MS. WOODS answered that 12 months is a realistic timeframe.
4:10:11 PM
PATTI BARBER, representing herself, Butte, Alaska, supported SB
65. It was modeled after the Knik River Public Use area, which
has been a success in addressing the junk cars, trash, and
unsafe target practice issues. This popular recreation area in
Sutton needs the same support to address the same problems that
happened in Butte.
KENNY BARBER, representing himself, Butte, Alaska, supported SB
65 for the same reasons Ms. Barber did, but he didn't think
private individuals would foot the whole bill. Some government
entity would have to contribute. He knows that DNR has its own
enforcement rights on the Knik River Public Use Area, and the
same thing could happen in Sutton.
4:12:12 PM
SENATOR MEYER asked if he would be willing to support a motor
fuel tax to pay for something like this.
MR. BARBER said yes, but the only "heart burn" he has is that
tax money can't be earmarked for that type of use.
JIM SYKES, Member, Matsu Borough Assembly, Palmer, Alaska,
supported SB 65. He observed the very strong community input
that went into the plan. There is usually some opposition to
issues like this, but he hadn't heard of any on this specific
one, so far. He said the borough could supply planners and
connect people who can answer questions. Part of what they look
forward to in developing a plan is that the Borough Land
Management Department has committed to helping develop that
management plan with DNR.
4:15:01 PM
CLARK COX, Natural Resources Manager, Division of Mining, Land
and Water, Department of Natural Resources (DNR), Anchorage,
Alaska, said he was available to answer questions on SB 65.
SENATOR WIELECHOWSKI said this proposal will require creating a
plan and asked how that might be financed.
MR. COX replied that the DNR commissioner would have to
prioritize it.
SENATOR WIELECHOWSKI asked how the department's job queue works.
MR. COX explained that parts of the state have no plan, so he
wouldn't try to determine how the commissioner would prioritize
this.
SENATOR COGHILL said language on page 2, line 26-29, requires
eminent domain of private property, and he wants to make sure
they aren't taking lands out of private hands inappropriately,
and that could have a fiscal impact.
CHAIR GIESSEL said she thought that was a Department of
Transportation and Public Facilities (DOTPF) right-of-way
question.
4:18:10 PM
HEATHER FAIR, Statewide Right-of-Way Chief, Division of
Statewide Design & Engineering Services, Department of
Transportation and Public Facilities (DOTPF), Juneau, Alaska,
supported a changed to clarify that language.
SENATOR COGHILL noted that he was working on language with the
sponsor.
4:19:02 PM
MS. RITACCO added that the current wording is confusing, because
there is no private land within Jonesville Public Use Area
boundaries. The intent of this section was to eliminate the
state's authority to eminent domain of private property to add
additional land to the 11,000 of public use area. They didn't
intend to remove the department's authority to take private land
entirely, especially because the highway close to Sutton is
already being eroded by the Matanuska River and DOTPF might have
to move the highway and use eminent domain in the process.
SENATOR COGHILL said the bill has several mandates and asked if
legal language was needed to put it in the job queue without
funding. If the state isn't going to pay for it, he thought it
was wrong to demand that it be done.
MR. COX answered that he is not a lawyer, but thought Senator
Coghill was right. In general, the "shalls" and "musts" mandate
the public to think that things will get done quickly, and maybe
the department needs some cover language.
CHAIR GIESSEL noted that Senator Coghill would work with Senator
Dunleavy on that language. She then opened public testimony.
MARK BERTELS, President, Sutton Community Council (SCC), Sutton,
Alaska, supported SB 65. He worked on the Jonesville/Slipper
Lake Committee for the past year and has a lot of background on
this issue. The community almost unanimously supports this bill.
This has been an evolving problem since the area was opened to
more public use and because of displacement of the problems from
the Knik River area. He agreed with the introduction by Ms.
Ritacco and comments by Mr. Sykes and Ms. Woods. A lot of
groundwork has been done, and a management plan would be
advantageous to adjacent land owners.
4:25:17 PM
Troopers have responded to that area, he said, but the problem
is that all the activities overlap. The troopers have no mandate
to act or write citations, because there is no management plan
or designated areas. With a management plan they would be able
to act.
MR. BERTELS explained that each year private contractors and a
lot of volunteers do spring cleanup on the trails that sometimes
look "like a bomb went off." He couldn't give them an answer on
the scheduled development of the plan other than the MatSu
Borough planning team would help to develop milestones.
SCOTT LAPIENE, representing himself, Wasilla, Alaska, supported
SB 65. Mr. Lapiene said he was a member of the Citizens' Action
Committee for development of this legislation. He listed
numerous positions he held in the MatSu Borough that involved
raising money and clearing about 30 miles of multi-use trails in
the Sutton community. He participated in the development of the
Knik River Public Use Area and noted that that legislation
included specific powers for DNR within the boundaries of the
public use area.
4:30:22 PM
There are several options for funding once something is
established, he said, but it would be nice for the Division of
Mining, Land, and Water to have some dollars to assist in the
development of the management plan. Implementation and
enforcement of a plan could be done in a few ways: for instance,
a motor fuels tax, user fees, or the use of a purchased trail
pass where it wouldn't matter if you are on a bicycle, a dog
team, or a snow machine.
4:31:59 PM
BETH FREAD, representing herself and the Jonesville Public Use
Area, Palmer, Alaska, supported SB 65. Ms. Fread said she
participated in the large Slipper Lake/Jonesville Area
Committee. She explained that several communities in the MatSu
Borough do make efforts of this nature and work with the borough
to establish funding mechanisms. "No one should be put off by a
zero-fiscal note," she said, especially since it is happily
endorsed by the Sutton and Chickaloon communities who have
promised to help with funds if necessary. People are not
comfortable living alongside this area. It is also costly for
the volunteers and the companies that participate in the yearly
cleanup.
AL BARRETTE, representing himself, Fairbanks, Alaska, supported
SB 65 with an amendment to protect existing trap lines and make
the area pet-free during trapping season. He said the Knik
Special Use Area has the same issues with trappers and pet
owners. The troopers don't have anything to stand on, because
the trappers are legally allowed to trap, and it's time for the
legislature to be preemptive in urban areas like this where the
problem exists and there are user group conflicts.
CHAIR GIESSEL, finding no further comments, closed public
testimony. She set SB 65 aside saying that for more than a
decade she had been aware that this is "a wild west area."
4:38:00 PM
CHAIR GIESSEL adjourned the Senate Resources Committee meeting
at 4:38 p.m.