HB 295-CLOSING CERTAIN LAND TO MINERAL ENTRY  1:23:18 PM CO-CHAIR SEATON announced that the first order of business would be HOUSE BILL NO. 295, "An Act approving an interim classification by the commissioner of natural resources closing certain land within the Glacier Creek and Winner Creek drainages to new mineral entry; and providing for an effective date." 1:23:32 PM JULIE LUCKY, Staff, Representative Mike Hawker, Alaska State Legislature, offered a brief overview of proposed HB 295 on behalf of the bill sponsor, Representative Hawker. She paraphrased from the sponsor statement: HB 295 approves Mineral Order 1121 which closes certain lands in the upper Girdwood Valley area to new mining claims and the intent of that is to allow recreational use in these areas and to make sure that incompatible uses aren't occurring on the same land. The land has been historically used for recreational purposes. I believe mining closures have been in place since the 90s, but DNR [Department of Natural Resources] can give us a little bit more information on that. The state, the Municipality of Anchorage, the community of Girdwood have all designated these lands for recreational use in their management plans and the approval of HB 295 and Mineral Order 1121 would allow more long range plans for recreational opportunities to develop. 1:24:31 PM MS. LUCKY stated that the mining closure was also supported by the Alaska Miners Association. 1:24:44 PM MS. LUCKY directed attention to the proposed Committee Substitute (CS) and asked if the committee wanted to address it. [Co-Chair Seaton passed the gavel to Co-Chair Feige.] 1:24:55 PM CO-CHAIR FEIGE directed Ms. Lucky to discuss the proposed CS. 1:25:05 PM MS. LUCKY directed attention to the proposed committee substitute (CS) for HB 295, Version 27-LS1246\B, Bullock, 4/4/12, [Included in members' packets] and explained that Version B added Section 3 on page 3. She detailed that prior legislation in 2003 had not included two specific federal mining claims when closing other claims. She clarified that this amendment had also required a title change and a change to the intent language of proposed HB 295. 1:26:04 PM REPRESENTATIVE P. WILSON asked if there was any opposition to the proposed CS for HB 295. MS. LUCKY replied that no statements to opposition had been received by her office, and that there was no opposition during the public process for the mineral closing order. She shared that there had been expressed concern with an indefinite closure, as prior closures had all been for 10 years. She pointed out that the temporary orders had been to allow a review of the land use for recreational activities. She stated that, as the land had been used for recreational activities, Department of Natural Resources (DNR) had supported an indefinite closure. 1:27:09 PM REPRESENTATIVE DICK, referring to the letter from the Alaska Miners Association, Inc., [Included in members' packets] asked if the request by the association to reverse the closure orders should recreational activity cease was included in Version B. 1:27:26 PM MS. LUCKY deferred to DNR for any discussion regarding the re- opening of the area to mining claims. She offered her belief that there was a process for this which would require statutory action. 1:27:58 PM CO-CHAIR FEIGE opened public testimony. 1:28:16 PM DIANA LIVINGSTON, Co-Chair, Girdwood 2020, referred to her letter of support from February 17, 2011 [Included in members' packets] which outlined the support by Girdwood 2020. She stated that, during the period of successive tenure closures to mining, Girdwood 2020 had always supported recreational use, which she declared to have intensified in the past 10 years. She declared support for proposed HB 295. 1:30:02 PM REPRESENTATIVE P. WILSON moved to adopt the proposed committee substitute (CS) for HB 295, Version 27-LS1246\B, Bullock, 4/4/12, as the working document. There being no objection, Version B was before the committee. 1:30:29 PM REPRESENTATIVE DICK requested to hear testimony from DNR regarding mineral development should the order for closure be reversed. 1:30:52 PM WYN MENAFEE, Chief of Operations, Division of Land, Mining and Water, Department of Natural Resources, stated that, should proposed HB 295 become law, it would take a statutory change to reverse. He declared that mineral closing orders could be reversed with an administrative action for an interim order, which would then be brought to the legislature for approval. 1:31:41 PM REPRESENTATIVE MUNOZ asked if there was any existing mineral activity that would be affected by proposed HB 295. 1:31:50 PM MR. MENAFEE replied that any existing claims would not be affected, as this would only apply to new claims. 1:32:15 PM REPRESENTATIVE DICK asked if the proposed bill would create any issues for access to the existing mineral claims. 1:32:30 PM MR. MENAFEE replied that the mineral closing order did not dictate how the land would be used, other than to prevent any future claims for mining. In response to Representative Dick, he declared that there would not be any problems with mining equipment being transported in or out. 1:33:18 PM REPRESENTATIVE P. WILSON moved to report HB 295, as amended, out of committee with individual recommendations and the accompanying zero fiscal notes. There being no objection, CSHB 295(RES) was reported from the House Resources Standing Committee.