Legislature(2001 - 2002)
05/02/2002 03:47 PM Senate STA
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
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= bill was previously heard/scheduled
HB 165-KENAI RIVER SPECIAL MANAGEMENT AREA
CHAIRMAN THERRIAULT said Senator Halford had some concerns about
HB 165 but was called to the Governor's office. He announced he
would hear the bill to get the issues out and hold it in
committee. He said Representative Lancaster approached him
earlier with a proposed CS that he would like to get on the table
for consideration. He asked if Representative Lancaster wanted
to make comments to the CS.
REPRESENTATIVE KEN LANCASTER said yes. He noted that the
proposed CS was version J.
SENATOR PHILLIPS wanted to make sure that the township ranges had
been thoroughly checked because there were mistakes made in the
past.
REPRESENTATIVE LANCASTER said there were mistakes when the
process was started a couple of years ago that were corrected.
He said HB 165 related to adding lands to the Kenai River Special
Management Area (KRSMA). The CS takes out 3,543 acres along the
south side of Kenai Lake from Snug Harbor Road up to the dam and
the powerhouse at Cooper Lake. He hoped this would address
concerns that were expressed to him.
CHAIRMAN THERRIAULT asked if the road went through the
highlighted area on the map in the bill packet.
REPRESENTATIVE LANCASTER said it did. He said this process has
been going on for at least two years. As mayor of Soldotna, he
sat on the board that held public hearings about the addition of
these lands. He noted they were all state lands and there would
be no acquisition or purchasing of new lands. HB 165 would put
the lands into the Department of Natural Resources (DNR) so that
the lands could be managed by DNR. The plan was adopted after
committee meetings and public hearings over two years in
Anchorage and on the Kenai Peninsula. He said DNR adopted the
language portion of the plan in December 1997. The lands must be
transferred by the Legislature. This was what HB 165 attempts to
do.
SENATOR PHILLIPS asked how many acres were in the transfer.
REPRESENTATIVE LANCASTER said about 4,200 acres.
SENATOR PHILLIPS asked if that was reduced from 7,900.
REPRESENTATIVE LANCASTER said yes. He noted that HB 165 had no
fiscal note.
CHAIRMAN THERRIAULT asked if moving the lands into this
designation added restrictions on the use of the land.
REPRESENTATIVE LANCASTER said DNR had a process to allow public
access or use of the lands. The other departments that currently
control this land did not. He believes HB 165 would give the
public a process to be able to access the lands.
CHAIRMAN THERRIAULT asked if the lands were in the general state
domain in DNR.
MR. JIM STRATTON, Director, Division of Parks & Outdoor
Recreation, Department of Natural Resources, said the lands were
currently in general state lands and managed by the Division of
Parks & Outdoor Recreation for outdoor recreation purposes. The
addition of these lands would allow DNR to improve recreational
access to the lands. He said there were a couple of projects DNR
was interested in but they weren't able to sign the obligation
that they would manage the lands and facilities for outdoor
recreation access in perpetuity because the lands were not
designated to Parks & Outdoor Recreation. He said when those
lands were designated, they would be able to do that and begin to
develop some projects such as improved boat launch ramps.
CHAIRMAN THERRIAULT asked if there was any organized group in the
area that opposed HB 165.
MR. STRATTON said he was not aware of any.
REPRESENTATIVE LANCASTER said he was not aware of any. He said
Senator Torgerson had some concerns, but he hoped the CS would
clear those concerns up.
CHAIRMAN THERRIAULT asked if the CS had been brought to Senator
Torgerson's attention.
REPRESENTATIVE LANCASTER said a copy had been given to his aide.
MR. STRATTON said DNR supported HB 165 with the proposed CS.
CHAIRMAN THERRIAULT pointed at the map in the bill packet and
asked if the highlighted area was the acreage the CS dropped out
of the plan.
REPRESENTATIVE LANCASTER & MR. STRATTON said that was correct.
CHAIRMAN THERRIAULT pointed at the un-highlighted area of the map
and asked if that was the acreage that was being added.
REPRESENTATIVE LANCASTER said there was more acreage than the map
showed. In addition to that acreage, there was also acreage in
the Moose Pass area and on the upper part of the Kenai River.
CHAIRMAN THERRIAULT asked if there was anybody present to testify
regarding HB 165.
MR. TED WELLMAN, President of the KRMSA Advisory Board, said he
had served on the Board since 1995 and was instrumental in
developing the plan that resulted in HB 165. He said he was also
vice-president of the Kenai River Property Owners' Association.
He said he was a 55-year resident of Alaska and had used the
Kenai River all his life and had owned property there for over 20
years. He supported HB 165. The land additions were developed
through the public hearing process with meetings in Anchorage,
Soldotna, Cooper Landing and Moose Pass. He said the lands were
selected close to the Kenai River so the entire watershed and
habitat would be protected. He said he is not aware of any
opposition. He said a number of organizations supported the
addition of these lands, including the Cook Inlet Agriculture
Association, the Cooper Landing Community Club, Alaska Fly
Fishing, Alaska Wildland Adventures, the City of Soldotna, the
Kenai Peninsula Borough, the Friends of Cooper Landing and the
Kenai River Property Owners' Association.
CHAIRMAN THERRAIULT asked if there were any questions for Mr.
Wellman. There were none.
MR. SAM MCDOWELL said he has lived in Alaska since 1948. He has
been involved in resource management issues for over 50 years.
He said if we don't support HB 165, we would never have a river
like the Kenai again. He said habitat is the most important
thing, followed by resources and then users, because if you don't
protect the habitation, there won't be any resources and there
won't be anything for the users.
CHAIRMAN THERRIAULT asked if there were any questions for Mr.
McDowell. There were none.
MR. DALE BONDURANT said he owns property along 2000 feet of the
Kenai River, which he has put in a conservation easement to
protect forever. He said the Kenai is one of the most important
resources in the country and we need to protect it. He said he
fully supports HB 165. He said he believes in access as well.
In 1997, he filed a federal suit to make sure that we had access
to all of the rivers in the country. He said it's very important
that we continue with this type of thing. He said he would like
to see the acreage that was removed in the CS protected as well.
CHAIRMAN THERRIAULT asked if there were any questions for Mr.
Bondurant. There were none.
MR. DON RAMSEY said he was a 35-year resident of Alaska. He
said he used the Kenai River to catch fish for his family for the
winter. He said he owned 430 feet of frontage on the Kenai River
that he has taken very good care of. He said he supports the
acquisition of the lands to protect the river because it is a
great resource and enjoyed by residents and visitors and has
great commercial value.
CHAIRMAN THERRIAULT noted that the Future Management section on
page 2 of the background information provided by KRMSA said,
"Facility development for most of the new land would not be
consistent with KRMSA's intent." He said he had been trying to
express his concern over this in his previous question about
development.
He asked if there was anybody else who wished to testify on HB
165. There was nobody.
HB 165 was held in committee.
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