02/12/2001 03:40 PM Senate RES

                                                                                                                                
             SB   7-CONSTABLES IN UNORGANIZED BOROUGH                                                                       
                                                                                                                                
                                                                                                                              
                                                                                                                                
CHAIRMAN TORGERSON announced SB 7 to be up for consideration.                                                                   
                                                                                                                                
                                                                                                                                
MR. DARWIN  PETERSON, Aide to Senator  Torgerson, testified  that in                                                            
                                                                                                                                
1981  President   Reagan's  Secretary  of  the  Interior   issued  a                                                            
                                                                                                                                
directive stating that  BLM land in Alaska may not be considered for                                                            
                                                                                                                                
wilderness  reviews as required by  Section 603 of the Federal  Land                                                            
                                                                                                                                
Planning Management  Act of 1976. The purpose of this  directive was                                                            
                                                                                                                                
to  comply  with  congressional  mandates  in  the  Alaska  National                                                            
Interest Lands  Conservation Act (ANILCA). Sections  13.20 and 13.26                                                            
                                                                                                                                
of ANILCA  are often referred  to as the  "no more clauses"  because                                                            
                                                                                                                                
they exempt Alaska  from future federal wilderness  designations and                                                            
                                                                                                                                
withdrawals exceeding 5,000 acres.                                                                                              
                                                                                                                                
                                                                                                                                
SJR 7 was introduced in  response to Secretary of Interior Babbitt's                                                            
                                                                                                                                
last  minute rescission  of this  directive.  It is  contrary to  an                                                            
                                                                                                                                
Interior  Department  policy that  has been  an important  tool  for                                                            
                                                                                                                                
management  and development  of Alaska's  resources  for almost  the                                                            
                                                                                                                                
last 20 years.  "It was done without public comment  or consultation                                                            
                                                                                                                                
with Alaska.  With the absence of  this policy, BLM will  be able to                                                            
                                                                                                                                
manage its  roadless land in Alaska  as defacto wilderness  areas in                                                            
                                                                                                                                
the  expectation  that  Congress  will  eventually  enact  approving                                                            
                                                                                                                                
legislation," MR. PETERSON said.                                                                                                
                                                                                                                                
                                                                                                                                
He  explained after  the  original resolution  was  introduced,  Mr.                                                            
                                                                                                                                
Somerville and  Mr. Bill Horn recommended that the  title be changed                                                            
                                                                                                                                
so it is  easier to read  by taking out  some double negatives.  The                                                            
                                                                                                                                
first two "whereas"  sections are  additions and include  references                                                            
                                                                                                                                
to Sections 13.20 and 13.26 of ANILCA.                                                                                          
                                                                                                                                
                                                                                                                                
He said  that the "Whereas"  on page  2, line 7  is an addition  and                                                            
                                                                                                                                
describes  the legislature's  concern that  without this  directive,                                                            
                                                                                                                                
BLM would be able to manage land as defacto wilderness areas.                                                                   
                                                                                                                                
                                                                                                                                
SENATOR PEARCE  moved to adopt the  CS to SJR 7, Luckhaupt  J. There                                                            
                                                                                                                                
were no objections and it was so ordered.                                                                                       
                                                                                                                                
                                                                                                                                
TAPE 11, SIDE B                                                                                                               
                                                                                                                                
                                                                                                                              
                                                                                                                                
SENATOR TAYLOR  said that  the first two  "whereas clauses"  are the                                                            
                                                                                                                                
very  basis  upon  which  Governor  Knowles  sued  the  U.S.  Forest                                                            
Service.  Those   directives  from   Mr.  Babbitt  were   in  direct                                                            
                                                                                                                                
contravention  of the policy and law set by Congress.  He said it is                                                            
                                                                                                                                
crucial  to the development  of this  resource based  state that  no                                                            
                                                                                                                                
more wilderness areas be created.                                                                                               
                                                                                                                                
                                                                                                                                
SENATOR ELTON  pointed out  on page 2, line  3, anyone who  tries to                                                            
                                                                                                                                
consult  with  Alaska  won't   get  an  answer,  but  they  can  try                                                            
                                                                                                                                
consulting  with Alaskans.  He also  said that  he couldn't  imagine                                                            
                                                                                                                                
there was a need  for the resolution. The new Secretary  of Interior                                                            
                                                                                                                                
and  the President  campaigned  on  the  issue  of public  land  set                                                            
                                                                                                                                
asides.                                                                                                                         
                                                                                                                                
                                                                                                                                
SENATOR LINCOLN  said she wanted to know if this in  any way affects                                                            
                                                                                                                                
Native  lands.  She  knows that  Native  allotments  are  under  the                                                            
                                                                                                                                
preview of BLM.                                                                                                                 
                                                                                                                                
                                                                                                                                
CHAIRMAN  TORGERSON  said that  was not  his intent  and the  bottom                                                            
                                                                                                                                
"Whereas"  on  page 1  talks  about  the land  being  designated  as                                                            
                                                                                                                                
wilderness   and  they  couldn't   designate  any  Native   land  as                                                            
                                                                                                                                
wilderness.                                                                                                                     
                                                                                                                                
                                                                                                                                
SENATOR  TAYLOR  said he  thought  it couldn't  impact  those  lands                                                            
                                                                                                                                
because  provisions  in  legislation  that  just  passed  last  year                                                            
                                                                                                                                
provided  for 160 acres for  Native veterans  and they would  not be                                                            
                                                                                                                                
able  to  select  those lands  from  an  area  that  was  designated                                                            
                                                                                                                                
wilderness.                                                                                                                     
                                                                                                                                
                                                                                                                                
MR.  RON  SOMMERVILLE,  Resource  Consultant  to  House  and  Senate                                                            
                                                                                                                                
Majorities,  commented that they could  make an argument  for native                                                            
                                                                                                                                
allotments  that haven't  been  finalized,  but he  didn't think  it                                                            
                                                                                                                                
would affect  the eventual transfer  of an allotment. Once  a review                                                            
                                                                                                                                
is started  of all 5,000 acre roadless  tracts for potential  use of                                                            
wilderness, those areas will be managed as wilderness until the                                                                 
                                                                                                                                
process is completed. The inadvertent effect could be lengthy for                                                               
                                                                                                                                
80 million acres.                                                                                                               
                                                                                                                                
                                                                                                                                
SENATOR TAYLOR moved to pass CS SJR 7(RES) from committee with                                                                  
                                                                                                                                
individual recommendations. There were no objections and it was so                                                              
                                                                                                                                
ordered.