03/21/2011 01:00 PM House RESOURCES

         HJR 21-OPPOSING FEDERAL WILD LAND DESIGNATION                                                                      
                                                                                                                                
                                                                                                                              
2:20:35 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  announced that the  next order of  business would                                                               
be HOUSE  JOINT RESOLUTION  NO. 21, Urging  the Secretary  of the                                                               
United  States   Department  of   the  Interior  to   withdraw  a                                                               
secretarial order that creates a  wild land classification and to                                                               
administer  federal  lands  in   the  state  in  accordance  with                                                               
existing statutes  and agency guidelines;  and urging  the United                                                               
States Congress to prohibit the  use of appropriated funds by the                                                               
United States Department  of the Interior and the  Bureau of Land                                                               
Management to  implement, administer, or enforce  the secretarial                                                               
order.                                                                                                                          
                                                                                                                                
2:20:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER, speaking as one  of the co-sponsors of HJR
, began  by relating  his belief that  Alaska is,  again, under                                                               
attack by  federal bureaucrats.   He then provided  the committee                                                               
with a map  entitled "Who Owns/Manages Alaska?",  which shows the                                                               
percentage   of  ownership   of  the   state  between   the  U.S.                                                               
government, State of Alaska, and  private ownership.  He reminded                                                               
members of  the enactment of  the Alaska National  Interest Lands                                                               
Conservation   Act  (ANILCA)   and  the   Alaska  Native   Claims                                                               
Settlement Act (ANCSA), which was a compromise.                                                                                 
                                                                                                                                
2:22:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER then directed attention  to page 1, line 12                                                               
of HJR 21,  which directs the Bureau of Land  Management (BLM) to                                                               
inventory all  managed land for  wilderness characteristics.   He                                                               
told the  committee that  in a question  and answer  session with                                                               
the BLM  it charged that  Alaska had  not inventoried all  of its                                                               
lands.   However,  that was  exactly  the purpose  of the  ANILCA                                                               
process.   He then highlighted  that the  term "Wild Lands"  is a                                                               
new designation  that's not well defined.   Representative Keller                                                               
opined  that one  of the  most frustrating  parts of  Secretarial                                                               
Order  No. 3310  was  that  there was  no  consultation with  the                                                               
state.   Although  there  were hints  that  this new  designation                                                               
would be forthcoming,  ultimately the governor only  had hours to                                                               
respond.  He then directed attention  to page 2, lines 6-7 of HJR
,  which  specifies  that  U.S.  Secretary  Salazar  failed  to                                                               
recognize that  only Congress can designate  lands as wilderness.                                                               
As  page 2,  lines  11-12, specify  ANILCA  has already  formally                                                               
designated  57  million acres  of  Alaska's  land as  wilderness.                                                               
Furthermore, enactment  of ANILCA clearly states  that there were                                                               
sufficient federal  wilderness land holdings in  Alaska, which is                                                               
related on page 2, lines 13-17, of  HJR 21.  The language on page                                                               
2,  lines 18-21,  points out  that  after the  passage of  ANILCA                                                               
Alaska's   land  was   extensively  inventoried,   reviewed,  and                                                               
classified for its wilderness value,  although perhaps not to the                                                               
extent now  desired by  the federal  government.   He highlighted                                                               
the  language  on  page  2, lines  22-24,  which  specifies  that                                                               
Secretarial Order No.  3310 has reversed a 30-year  policy of BLM                                                               
to  conduct no  further wilderness  reviews  in the  state.   The                                                               
language on page 2, lines  25-31, points out that the Secretarial                                                               
Order 3310  charges BLM  to inventory the  lands in  the National                                                               
Petroleum Reserve-Alaska  (NPR-A), which  he opined is  in direct                                                               
defiance of  the U.S.  code as  is specified  in the  language on                                                               
page  3,  lines  1-5.     If  the  NPR-A  received  a  wilderness                                                               
designation,  it could  lead to  a shut  down and  restriction of                                                               
access to  that land.   He  then explained  that the  language on                                                               
page  2,  lines 13-17,  creates  a  presumption.   The  remaining                                                               
language on  page 3, lines  18 through page  4, line 1,  asks the                                                               
U.S.  Secretary of  Interior to  withdraw Secretarial  Order 3310                                                               
and failing  the aforementioned  requests that  Congress prohibit                                                               
the funding for  the order.  The state has  taken a strong stance                                                               
[against] Secretarial  Order 3310 as  the governor has  written a                                                               
letter  and  Senator  John  Coghill  has  actually  testified  in                                                               
Washington, D.C., [against this order].                                                                                         
                                                                                                                                
2:29:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  informed the committee that  the state BLM                                                               
director  pointed out  to the  citizens'  advisory commission  on                                                               
federal access  that during  this inventory  he doesn't  have any                                                               
jurisdiction   over   lands   suggested  as   having   wilderness                                                               
characteristics, rather  any disputes  over such  a [designation]                                                               
would be before  U.S. Secretary Salazar.   Therefore, it isolates                                                               
the BLM director from any  local pressure.  Representative Keller                                                               
opined  that  HJR 21  is  an  important resolution  that  clearly                                                               
states on the record that Alaska  is operating under the law that                                                               
exists.  He  then told the committee that  the citizens' advisory                                                               
commission on federal  access hears many concerns  with regard to                                                               
access, which seems to be an ongoing problem.                                                                                   
                                                                                                                                
2:31:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON recalled that in  the early 2000s an out of                                                               
court  settlement resulted  in the  withdrawal of  the wilderness                                                               
policy.  Therefore,  there hasn't been a  policy since 2003/2004.                                                               
Representative Herron  stated that  he isn't  opposed to  HJR 21,                                                               
although [the  state] essentially hasn't had  a wilderness policy                                                               
the last six to seven years.                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER clarified  that  he was  referring to  the                                                               
federal law.   He  opined that  the fact the  BLM doesn't  have a                                                               
wilderness policy in place isn't relevant to HJR 21.                                                                            
                                                                                                                                
2:32:58 PM                                                                                                                    
                                                                                                                                
JIM  POUND,  Staff,  Representative   Wes  Keller,  Alaska  State                                                               
Legislature, pointed out  that 43 U.S.C. (a)  1782 still requires                                                               
the Secretary of Interior to  review certain things from time-to-                                                               
time.   However,  the requirement  that a  wilderness designation                                                               
can  only be  accomplished  by Congress  remains and  Secretarial                                                               
Order 3310 doesn't meet that requirement.                                                                                       
                                                                                                                                
REPRESENTATIVE HERRON concurred.                                                                                                
                                                                                                                                
2:33:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER   noted  that   during  energy   week  in                                                               
Washington,  D.C., many  Alaskan  legislators met  with the  U.S.                                                               
Department of  Interior to explain  that to Alaskans a  wild land                                                               
designation  means   that  resources   on  that  land   can't  be                                                               
developed, although  the department insists that  isn't the case.                                                               
However, [department  staff] couldn't  articulate any  benefit to                                                               
the state if this policy is passed.                                                                                             
                                                                                                                                
REPRESENTATIVE KELLER  added that the justification  presented by                                                               
the  BLM had  nothing to  do with  the benefit  to Alaskans,  but                                                               
rather was the  need to preserve more lands to  ensure people can                                                               
experience isolation in the wilderness.                                                                                         
                                                                                                                                
2:35:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ  asked if other  states have  been subjected                                                               
to this review from BLM.                                                                                                        
                                                                                                                                
REPRESENTATIVE KELLER  recalled that  Utah and Wyoming  are upset                                                               
by this policy  as well.  He  offered that where ever  there is a                                                               
lot of BLM land it is an issue.                                                                                                 
                                                                                                                                
2:35:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  said he  is going to  support HJR  21, but                                                               
pointed  out that  in  [BLM] documents  wild  lands must  contain                                                               
management  actions  to  achieve  protection.    Therefore,  most                                                               
likely the  land would be  closed [to any  resource development].                                                               
Representative  Herron  then  remarked  that BLM  would  be  hard                                                               
pressed to have  a permitting process for anything  that would be                                                               
of benefit  to Alaska.  In  conclusion, he suggested that  HJR 21                                                               
should include "WHEREAS" clauses that  list other states with the                                                               
same problem.                                                                                                                   
                                                                                                                                
REPRESENTATIVE KELLER,  in response to Representative  Herron and                                                               
Co-Chair Feige, said that he  didn't know which states to include                                                               
in the  resolution.  However,  he related his  understanding that                                                               
Wyoming and Utah would likely be listed.                                                                                        
                                                                                                                                
CO-CHAIR FEIGE said  that he had been provided  a resolution from                                                               
the  Nevada  Association  of  Counties  and  the  Wyoming  County                                                               
Commissioners Association, both of  which expressed opposition to                                                               
the wild lands policy of BLM.                                                                                                   
                                                                                                                                
REPRESENTATIVE  KELLER said  he didn't  have a  problem including                                                               
such language,  but said he  wasn't sure  those are the  only two                                                               
entities [in opposition to the wild lands policy of BLM].                                                                       
                                                                                                                                
CO-CHAIR  SEATON  commented  that   he  was  unsure  whether  the                                                               
resolution should address these  other county associations in two                                                               
different states.                                                                                                               
                                                                                                                                
CO-CHAIR  FEIGE  opined  that the  resolution  should  speak  for                                                               
Alaska with a loud voice.                                                                                                       
                                                                                                                                
2:38:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ moved  to report  HJR 21  out of  committee                                                               
with individual recommendations and  the accompanying zero fiscal                                                               
note.  There being no objection, it was so ordered.                                                                             
                                                                                                                                
2:39:24 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:39 p.m. to 2:41 p.m.