Legislature(2021 - 2022)BUTROVICH 205
03/30/2022 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB121 | |
| HJR34 | |
| HB304 | |
| SB239|| SB240 | |
| SB240 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 121 | TELECONFERENCED | |
| *+ | HB 304 | TELECONFERENCED | |
| *+ | HB 209 | TELECONFERENCED | |
| + | HB 148 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| *+ | HJR 34 | TELECONFERENCED | |
| += | SB 239 | TELECONFERENCED | |
| += | SB 240 | TELECONFERENCED | |
HB 304-CHUGACH STATE PARK/EAGLE RIVER LIONS CLUB
3:58:06 PM
VICE CHAIR MICCICHE announced the consideration of HOUSE BILL
NO. 304 "An Act modifying the boundary of Chugach State Park;
directing the sale of land to the Eagle River Lions Club; and
providing for an effective date."
3:58:43 PM
REPRESENTATIVE KELLY MERRICK, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 304, introduced the legislation. The
sponsor statement read as follows:
In 1964, the Eagle River Lions Club was granted a
special land use permit by the Department of Nature
Resources for lands within the future boundary of
Chugach State Park. The original permit was for 20
years and has been renewed twice; the current permit
expires January 2, 2024.
Lions Club Park is a very popular community park
encompassing 40 acres, centrally located in Eagle
River at the junction of Eagle River Road and Eagle
River Loop Road. Since 1964 when this agreement was
finalized, the Eagle River Lions Club has developed
the park, building baseball fields, the clubhouse
building, and other facilities. As the community has
grown, Lions Park has become a recreational staple of
the town. Many public events are held there, from
sports like little league to community gatherings and
holiday fireworks.
The Alaska Supreme Court's 2013 decision in SOP v. DNR
requires that permits for use of legislatively
designated state parks must be revocable at will. This
decision means that DNR cannot issue a new permit to
the Eagle River Lions Club, since the facilities
cannot be readily removed.
Both the Lions Club and the Department of Natural
Resources believe that the Eagle River community will
be better served by this park if the Eagle River Lions
Club is allowed to operate the park under their direct
ownership. This requires a modification of the Chugach
State Park boundary and removes this land from it.
A memorandum of understanding between the Lions Club
and the Department of Natural Resources outlining the
terms has been signed by both parties. Four parcels of
approximately 10,304 acres of general state land will
replace the 40-acre parcel being conveyed to the Lions
Club. There is no cost to the State, as the Lions Club
will cover the fees to the department and any
appraisal costs associated with all five parcels.
HB 304 ensures this treasured part of the Eagle River
community will be around for years to come.
REPRESENTATIVE MERRICK reported that HB 304 had a zero fiscal
note.
4:00:42 PM
DAN BEUTEL, Natural Resources Specialist III, Division of Parks
and Outdoor Recreation, Department of Natural Resources (DNR),
Anchorage, Alaska, presented the PowerPoint, Lions Club Park
Chugach State Park during the hearing on HB 304.
MR. BUETELL advanced to slide 3 Lions Club Park and Chugach
State Park and paraphrased the following:
• The Eagle River Lions Club developed and operated
Lions Club Park under a series of permits from
DNR. The current 20-year permit expires January
2, 2024 and cannot be renewed as explained below.
• The organized sports fields, clubhouse with
alcohol sales, and community park are very
different from the rest of Chugach State Park.
DNR believes that the Eagle River community will
be better served by Lions Club Park if the Eagle
River Lions Club are allowed to operate the park
under their direct ownership. This requires
modification of the Chugach State Park boundary.
MR. BUETELL advanced to slides 4 and 5 and reviewed the history
of Lions Club Park and Chugach State Park:
• DNR acquired this 40-acre parcel in 1961 as a
Mental Health grant
• DNR permit issued to the Eagle River Lions Club
effective January 2, 1964, with a 20-year term.
• Eagle River Lions Club began developing the park
in the 1960's and 70's, building baseball fields,
the clubhouse building, and other facilities.
• Chugach State Park was designated by the
legislature in 1970, including all state-owned
land in this section, subject to valid existing
rights. This section was presumably included
because Eagle River flows through the southern
portion (Section 13, Township 14 North, Range 2
West, Seward Meridian).
• Land and Water Conservation Fund (LWCF) grants
from the federal government were first used in
Chugach State Park in 1970, shortly after park
designation. LWCF grants require the state to
preserve the park for outdoor recreation in
perpetuity. Any use other than outdoor recreation
constitutes a "conversion" and requires
replacement land of equal value be added to the
park.
• Division of Parks and Outdoor Recreation renews
the Eagle River Lions Club's permit for 2
additional 20-year terms. The current permit
expires January 2, 2024.
• Alaska Supreme Court's 2013 decision in SOP v.
DNR requires that permits for use of
legislatively designated state parks must be
revocable at will. This decision means that DNR
cannot issue a new permit to the Eagle River
Lions Club, since the facilities cannot be
readily removed.
4:04:05 PM
MR. BUETELL displayed slides 6-8 that show the following Lions
Club Park activities and facilities: baseball and softball
fields, areas for football, tennis, basketball, and horseshoes,
and the picnic shelter, playground, and clubhouse.
MR. BEUTEL advanced to slide 9 to show the contrast in Chugach
State Park. He reviewed the following highlights:
• Chugach State Park covers approximately 485,000
acres, mostly undeveloped mountains, stretching
from Knik River Road to Turnagain Arm.
• Visitor activities include sightseeing, hiking,
ATVing, snowmobiling, skiing, hunting, fishing,
and more.
• Facilities are primarily trails, trailheads,
campgrounds, and public use cabins.
• Chugach State Park has no other facilities like
Lions Club Park for organized team sports. No
Alaska State Park has a facility comparable to
Lions Club Park. The Division of Parks and
Outdoor Recreation lacks the experience, funding,
or authority to operate facilities for these
types of sports.
4:05:43 PM
MR. BEUTEL advanced to slide 10, LWCF Conversion Replacement
Land. He reviewed the following highlights:
• The Land and Water Conservation Fund (LWCF)
requires replacement land of equal value be added
to Chugach State Park to replace Lions Club Park.
There are 4 parcels of general state land, 3 in
Eagle River Valley, and one on Pioneer Peak,
which are proposed replacement parcels.
• All 4 proposed replacement parcels are steep
mountains adjacent to Chugach State Park. The
primary current use is wildlife habitat, with
occasional use by hikers or hunters. None of them
has any active DNR authorizations or known
development or mineral potential.
• The inclusion of these parcels to Chugach State
Park will not change access for hunters, hikers,
or others who currently use these parcels
MR. BEUTEL displayed the table on slide 11, LWCF Conversion
Replacement land summary that shows that the 40 acres that Lions
Club Park occupies in Chugach State Park has an estimated tax
assessment value of $1.4 million. The four parcels that would be
added to Chugach State Park through the LWCF conversion occupy
more than 10,000 acres and have an estimated tax assessment
value of just under $1.5 million. He noted that as part of the
LWCF conversion process, the parcels would all need to be
appraised.
MR. BEUTEL displayed slides 12-15 that describe the four parcels
that would be added to Chugach State Park: He reviewed the
following highlights:
Eagle River Parcel 1
• Parcel 1 covers 60 acres in the Meadow Creek
Valley. Estimated value of $150,000.
• Legal description T. 14 N., R. 1 W., S.M.,
Section 5, SE1/4 SW1/4, S1/2 SW1/4 SE1/4
Eagle River Parcels 2 and 3
• Parcel 2 covers 60 acres on steep slopes near
Berryhill Rd. Estimated value of $135,900.
• Legal description T. 14 N., R. 1 W., S.M.,
Section 24 NE1/4 SW1/4, E1/2 NW1/4 SW1/4
• Picture from parcel 2 shows a steep hillside and
view across Eagle River
• Parcel 3 covers 24 acres on steep slopes above
Eagle River Road. Estimated value of $213,300.
• Legal description T. 14 N., R. 1 E., Section 30,
Lot 3
• Picture depicting parcel 3 shows steep hillside
and Eagle River Road
Parcel 4 - Pioneer Peak
• Parcel 4 covers 10,160 acres above Knik River
Road. Estimated value at least $1 million (no tax
assessed value)
• Legal description T. 16 N., R. 3 E., S.M.,
Section 7, Section 8, excluding N1/2 NE1/4,
Sections 17-21, Sections 27-35
4:08:24 PM FIX
MR. BEUTEL advanced to slide 16, Conclusion and highlighted the
following points:
• The proposed bill directs DNR to:
• Complete the LWCF conversion
• Retain road and utility rights-of-way
• Convey the Lions Club Park to the Eagle River
Lions Club
• Upon completion of these steps
• Lions Club Park is secure as a community park
• Chugach State Park boundaries are updated
• Access to the Chugach State Park additions for
hunters, hikers, and other park visitors is
unchanged
4:09:11 PM
SENATOR BISHOP asked for the timelines to complete the appraisal
and finish the transaction.
MR. BEUTEL answered that appraisers have been contacted and will
be hired once the bill passes. He estimated that the appraisals
will take one field season, after which the paperwork for the
conversion will be completed. The entire transaction will
probably be finished in 12 months after the bill passes.
SENATOR BISHOP relayed his summary that in 12 months the
transaction is estimated to be complete and everybody will be
happy.
MR. BEUTEL replied that the real push is to complete the
transaction before the current permit expire in January 2024.
4:10:27 PM
VICE CHAIR MICCICHE asked if he agreed that the Eagle River
Lions Club would be required to pay $50,000 to cover DNR's
costs.
MR. BEUTEL responded that is correct.
VICE CHAIR MICCICHE observed that the reason for no fiscal note
was that there would be no cost to the state.
MR. BEUTEL answered yes, DNR has a memorandum of understanding
with the Eagle River Lions Club such that the club would pay for
the third-party appraiser and DNR's administrative costs.
4:11:25 PM
VICE CHAIR MICCICHE said he assumes that the Eagle River Lions
Club paid for the improvements over the last 50 years and that
there would be no ongoing maintenance encumbrance to the state.
Once the land is conveyed, the Eagle River Lions Club will be
responsible for all ongoing costs.
MR. BEUTEL responded that is correct; the state would have no
ongoing costs.
4:12:23 PM
VICE CHAIR MICCICHE turned to invited testimony on HB 304.
4:12:33 PM
RICHARD FAGG, President, Eagle River Lions Club, Eagle River,
Alaska, testified by invitation on HB 304. He stated that this
park is the only facility of its kind in the Chugiak area. The
park is very important for summer and winter recreational
activities and it would be hard to imagine the community without
it. He relayed that the refurbished tennis courts will host both
tennis and pickleball tournaments and play. The football fields
are used by Pop Warner teams, the baseball fields are used by
both boys' and girls' softball teams. In the summer the
basketball courts are horseshoe pits are used constantly. The
park offers tremendous opportunities for recreational activity.
MR. FAGG reported that organizations that use the park aren't
charged anything, but are asked to help with some maintenance.
He mentioned plans for this summer to create a new dog park and
renovate the playground, including the addition of new
equipment. He urged the committee to support HB 304.
4:14:37 PM
VICE CHAIR MICCICHE opened public testimony on HB 304.
4:15:00 PM
RYAN JOHNSTON, Building Manager and Second Vice President, Eagle
River Lions Club, Eagle River, Alaska, Testified in support of
HB 304. He spoke about his connection to the park relayed that
the Eagle River Lions Club would be honored to continue to
continue to manage and continue to develop it as the valuable
resource it is to the community. He asked the committee to
support the property transfer so the club could continue its
stewardship of the park.
VICE CHAIR MICCICHE recognized former Senator Stoltze as the
next testifier.
4:16:02 PM
BILL STOLTZE, former Senator representing self, Eagle River
Lions Club, Chugiak, Alaska, testified in support of HB 304. He
stated that he was a member of the Eagle River Lions Club and a
half dedicated user of the park. He said this is good
legislation that will allow his fellow Lions to continue their
good work on behalf of the community, particularly youths.
4:16:58 PM
VICE CHAIR MICCICHE closed public testimony HB 304.
SENATOR STEVENS commented that he was still supportive of the
bill.
4:17:22 PM
VICE CHAIR MICCICHE found no further questions or comments and
solicited a motion.
4:17:29 PM
SENATOR STEVENS moved to report HB 304, work order 32-LS0928\I,
from committee with attached [fiscal notes] and individual
recommendations.
4:17:41 PM
VICE CHAIR MICCICHE found no objection and HB 304 was reported
from the Senate Resources Standing Committee.