Legislature(2023 - 2024)ADAMS 519
04/17/2023 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB3 | |
| HB83 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 3 | TELECONFERENCED | |
| + | HB 83 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 83
"An Act reestablishing the Citizens' Advisory
Commission on Federal Management Areas in Alaska; and
providing for an effective date."
3:20:54 PM
REPRESENTATIVE GEORGE RAUSCHER, SPONSOR, thanked the
committee for hearing HB 83. He read the sponsor statement
(copy on file):
House Bill 83 reestablishes the Citizens' Advisory
Commission on Federal Management Areas in Alaska
(CACFA), which sunset in 2021, and sets a new sunset
date of June 30, 2031. The Commission is made up of 10
public members, one Senator, and one Representative
who represent "the diversity of users and uses of
federal land in the state" and are appointed by the
Governor and Legislature.
CACFA was first established in 1981, shortly after
Congress passed the Alaska National Interest Lands
Conservation Act (ANILCA) comprehensive legislation
governing all federal public lands in the state. Under
the balanced compromise Congress crafted in ANILCA,
104+ million acres (on top of the ~100 million acres
already set aside) were set-aside in permanent federal
ownership as conservation system units (e.g., parks,
preserves, wildlife refuges, wilderness areas) while
at the same time enabling Alaskan's to maintain their
traditions, accommodate the social and economic needs
of the state, provide a range of land-use and land
access rights, safeguard opportunities for responsible
resource development, and facilitate continued
improvements in transportation and utility
infrastructure. The provisions of ANILCA plus those of
the Alaska Statehood Act and the Alaska Native Claims
Settlement Act (ANCSA) mean that most Alaskans are
regulated under a unique and extremely complex
regulatory web.
For the decades that CACFA operated, it was an
independent and impartial source of information and
center for advocacy on Statehood, ANCSA, and ANILCA
issues that impact all Alaskans. CACFA helps Alaskans
navigate complex regulations and works with federal
agencies to ensure Congressional intent is implemented
with respect to Alaska's interests. Among many things,
the Commission holds hearings to collect public
comment on decisions that affect them; disseminates
information about historical and new regulations to
the public, the Executive branch, and the Legislature;
monitors the Federal Register and regularly submits
written comment in response to actions that affect
Alaska; and helps Alaskans navigate federal permitting
processes.
While the State's ANILCA program and CACFA both
monitor federal actions, CACFA is the only entity that
represents the views of Alaskan citizens concerning
federal land management plans within the state.
The last state audit conducted in 2020 concluded that
"there is a continuing public need for the
commission." As time passes, institutional memory and
ANILCA expertise is lost at both the federal and state
level. An active CACFA is critical to ensure that this
critical knowledge is preserved, remains accessible to
Alaskans, and can be used to defend Alaska.
Furthermore, without CACFA, there is no organized
center through which individuals can channel their
concerns to the higher levels of government making
important land use decisions that impact them. CACFA
is an essential tool to ensure that Alaskans have a
strong and powerful voice in what happens in our
state.
3:25:46 PM
RYAN MCKEE, STAFF, REPRESENTATIVE GEORGE RAUSCHER, read the
sectional analysis (copy on file):
Sec 1. Amends AS 44.66.010(a) creating new
subsection (15) reestablishing the Citizens Advisory
Commission on Federal Management Areas in Alaska,
setting a new sunset date of June 30, 2031.
Sec 2. Amends AS 44.66.010(a), technical change:
Removes subsection (10) where CACFA's previous sunset
date (June 30, 2021) was listed.
Sec 3. Incorporates transition language to the
uncodified law of Alaska establishing the initial term
lengths of new appointments to the commission.
Thereafter, the term limits outlined in the
Commission's statute will take effect.
Sec 4. Sets an effective date of July 1, 2023.
Mr. McKee added that [legislative auditor] Ms. Kris Curtis
was available online to answer any questions regarding the
2020 audit mentioned in the sponsor statement.
Co-Chair Foster thought the bill might seem complicated and
he was aware that there was a lot of background information
involved in the legislation. For example, Serpentine Hot
Springs in Nome were difficult to access because it was
located within [Bering Land Bridge] National Park and all-
terrain vehicles were not allowed in the area. Elders in
particular had been experiencing difficulty accessing the
springs and historically, elders had visited the springs
frequently. He relayed that CACFA would allow the opening
of trails that fell under [federal] Revised Statute (RS)
2477, which were historical trails used by miners,
travelers, and villagers, among others. One of the concerns
he had heard was that CACFA might make private lands
vulnerable to unwanted visitors, but his understanding was
that CACFA only aimed to open federal lands, such as
national parks.
Representative Josephson thought the concerns about RS 2477
conflicts were valid. He had done research on the Klutina
Lake dispute in Wrangel and there were profound concerns
about the potential impacts of opening federal lands. His
main concern was that CACFA had a narrow perspective. The
Board of Game was entirely appointed by the governor and
Title 16 required that the governor appointment members
with reference to the diversity of users; however, he did
not think the requirement was being satisfied. On the
Department of Fish and Game's website, there was a video on
how to extradite a dog from a trap. He asked how an
individual dog owner who would like to avoid a similar
situation while walking on federal lands would have a voice
through CACFA. He thought that such an individual's voice
would be too small to be heard amid the federal outcry. He
wondered how the quiet user, such as the cross country
skier, dog walker, or backpacker, would have a voice under
CACFA.
Representative Rauscher responded that the quiet user would
have an opportunity to be heard under the bill and that it
was part of the purpose of CACFA. He thought that an
individual could always bring their concerns to CACFA and
that CACFA would make a determination. However, the
decision might not always be made in the individual's
favor.
3:32:31 PM
Co-Chair Foster reviewed the agenda for the following day's
meeting.
HB 83 was HEARD and HELD in committee for further
consideration.