Legislature(2023 - 2024)BARNES 124
05/08/2023 01:00 PM House RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB92 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 92 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 92-STATE OWNERSHIP OF SUBMERGED LAND
2:03:29 PM
CHAIR MCKAY announced that the only order of business would be
CS FOR SENATE BILL NO. 92(2d RES), "An Act relating to state
ownership of submerged land underlying navigable water within
the boundaries of federal areas; and providing for an effective
date."
CHAIR MCKAY noted that the companion bill has been given careful
consideration in the House Resources Standing Committee. He
called attention to a letter dated May 5, 2023, [included in the
committee packet] from the Department of Natural Resources
responding to questions posed by his office.
2:04:54 PM
JIM WALKER, Section Chief, Public Access Assertion and Defense
Section Chief, Division of Mining Land and Water, Department of
Natural Resources (DNR), acknowledged the presence of his
colleague, Tisha Valentine.
2:05:48 PM
CHAIR MCKAY asked if the proposed legislation would have any
impact on the state's land entitlement.
MR. WALKER responded that the proposed bill would only deal with
state owned submerged lands within federal areas, not private or
unconveyed Native land. He asserted that it would not have an
impact on the state's land entitlement.
CHAIR MCKAY asked if Native lands would be exempt.
MR. WALKER affirmed that all Native lands would be exempt,
including lands that have not been conveyed.
2:09:34 PM
CHAIR MCKAY asked how current law would apply if someone used
the designated rivers in the proposed legislation to trespass on
private lands.
2:10:15 PM
RON OPSAHL, Assistant Attorney General, Natural Resources
Section, Civil Division (Anchorage), Department of Law (DOL), in
response, stated that the law of trespass would not be changed
by this bill. He confirmed that CSSB 92(2d RES) is drafted for
federal lands. In response to a follow-up question concerning
someone taking resources from private lands while trespassing,
he repeated that trespass laws would not be changed.
2:11:46 PM
CHAIR MCKAY noted the absence of representation from the Board
of Game and the Big Game Commercial Services Board. He
mentioned that there are written responses available in the
aforementioned letter.
2:12:11 PM
REPRESENTATIVE MEARS pointed out the listing of the waters in
the proposed legislation. On behalf of her constituents, she
questioned whether it would be difficult to go through the
legislative process for any updates to the listing.
MR. WALKER informed the committee that the proposed legislation
would require yearly reporting to the legislature. Currently,
the list includes areas within the bounds of the National Park
Service, the U.S. Forest Service, and the National Wildlife
Refuge System. He stated that there would be ongoing quality
assurance and quality control of the list of navigable waters
moving forward. He asserted that with improved ariel imagery
and technology, the process would become easier as DNR moves on
to areas within the Bureau of Land Management and the U.S. Fish
and Wildlife Service. He explained that following proceedings
with federal government litigation concerning certain rivers,
there will be updates to the list. He commented that the burden
on DNR to provide yearly updates to the legislature is minimal
compared with the photographic analysis, review of historical
information, and maintaining user accounts.
REPRESENTATIVE MEARS mentioned the necessity to revisit these
topics annually and asked if it would be possible, after a few
years, to create a more streamlined process that does not need
to go through the legislature.
MR. WALKER concurred with this approach to managing navigable
waters.
2:17:23 PM
MR. WALKER, in response to a question from Chair McKay,
explained that the proposed legislation would create
correspondence with the federal government to bring about
closure concerning issues of land management and jurisdiction.
He further explained that it would accelerate the process of
determining "who owns what in these federal areas."
2:19:56 PM
REPRESENTATIVE DIBERT asked why Mendenhall River and Mendenhall
Lake were previously removed from the list.
MR. WALKER responded that Mendenhall River and Mendenhall Lake
have been removed because of active litigation. In response to
a follow-up question, he stated that there are several court
cases statewide relating to navigable waters, but they do not
have the same level of usage as Mendenhall Lake, and this is
because of the lake's proximity to a population center.
2:23:13 PM
CHAIR MCKAY announced that SB 92 was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 2023 05 05 DNR Response to HRES Questions - SB 92 Submerged Lands.pdf |
HRES 5/8/2023 1:00:00 PM |
SB 92 |