Legislature(2021 - 2022)SENATE FINANCE 532
04/20/2021 09:00 AM Senate FINANCE
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB101 | |
| SB25 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 10 | TELECONFERENCED | |
| + | SB 101 | TELECONFERENCED | |
| + | SB 25 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE BILL NO. 101
"An Act extending the termination date of the
Citizens' Advisory Commission on Federal Management
Areas in Alaska; and providing for an effective date."
9:03:36 AM
BETTY TANGEMAN, STAFF, SENATOR JOSH REVAK (via
teleconference), introduced the legislation. She read the
sponsor statement (copy on file):
SB 101 is an important affirmation by the Alaska
Legislature of the compelling need to maintain the
vital efforts of the Citizens' Advisory Commission on
Federal Management Areas in Alaska (CACFA). This bill
extends this commission's sunset date from June 30,
2021 to June 30, 2029.
CACFA was first established in 1981, shortly after
Congress passed comprehensive legislation governing
all federal public lands in the state, the Alaska
National Interest Lands Conservation Act (ANILCA).
Under the balanced compromise Congress crafted in
ANILCA, 104+million acres were set-aside in permanent
federal ownership as conservation system units,-(e.g.,
parks, preserves, wildlife refuges, wilderness areas)
with many unique provisions enabling Alaskan's to
maintain their traditions and livelihoods,
accommodating the States and ANCSA corporations'
social and economic needs, safeguarding opportunities
for responsible resource development, and facilitating
improvements in transportation and utility
infrastructure. Those provisions included
opportunities for the State, its communities, and
rural populations to access and develop inholdings,
allotments, and adjacent lands; construct and maintain
transportation and utility systems; access, manage,
and use State lands and waterways; retain state
management of fish and wildlife; and provide for
access and necessary facilities on federal lands.
Adding in the Alaska Statehood Act and Alaska Native
Claims Settlement Act, most Alaskans and most of
Alaska are regulated under an extremely unique and
complex legislative web.
CACFA's mission is helping Alaskans navigate these
complex rules and regulations and work with federal
agencies to ensure Congressional intent is implemented
with respect to their interests. As nationwide
directives frequently ignore the Alaska context and
balanced requirements in ANILCA, CACFA serves as a
vigilant and knowledgeable resource for Alaskans to
defend the rights and protections they were promised
as stakeholders. While the State's ANILCA program and
CACFA both monitor federal actions, the State cannot
represent individuals/businesses and CACFA cannot
defend State agencies' authorities. As institutional
memory and expertise is lost, and as agency decisions
that revise our history and upend our reasonable
expectations are deferred to by the courts, federal
managers have little incentive to uphold Congress's
promises to Alaskans. The Sturgeon v Frost, U.S.
Supreme Court case, is an example of a private
citizen's $1.5 million battle against federal laws
being enforced on state land. More recently, President
Biden issued an Executive Order directing that at
least 30% of our lands and waters be placed in
permanent protection status by 2030 (30 by 30), placed
a moratorium on new oil and gas leases and halted
leasing in ANWR's 1002 area. These examples emphasize
the need for vigilance to fight against the erosion of
ANILCA protections by uninformed federal managers and
politicians.
With federal land management policies increasingly at
odds with Alaska's desire to access, manage, and
sustainably develop its natural resources, CACFA is an
essential tool in ensuring Alaskans have a strong and
powerful voice. Over the 62 years since statehood, the
federal government has consistently failed to keep its
promises to honor the Alaska way of life. Now is not
the time to allow CACFA to sunset. I urge you to join
me in allowing CACFA to continue its important mission
by passing SB 101.
9:06:33 AM
KRIS CURTIS, LEGISLATIVE AUDITOR, ALASKA DIVISION OF
LEGISLATIVE AUDIT, stated that there was an audit on CACFA
dated April 2020 (copy on file). She explained that the
purpose of the sunset audit was to determine whether a
board or commission was serving the public's interest and
whether it should be extended. The commission was active
from 1981 until 1999 at which point its funding was
eliminated. The commission was reestablished in 2007 and
operated from FY 08 through FY 17 at which point its
funding was again eliminated. Federal management of land in
Alaska had been widely criticized. Concerns with federal
overreach and unfulfilled commitments led to the
reestablishment of CACFA. The commission was reestablished
to advocate on behalf of Alaska's citizens on issues
related to federal management of land in Alaska.
Ms. Curtis indicated report conclusions began on page 7.
She pointed out that the prior sunset audit was
February 2015. The current sunset audit reviewed the period
from February 2015 through June 2017.
Ms. Curtis reported that beginning in FY 17 funding for
CACFA had not been a priority - not a consistent priority
for the governor or the legislature. Both entities had
funded the commission at different times. Funding for the
commission in FY 17 was approved by the legislature but
vetoed by the governor. Funding for the commission for FY
18 and FY 19 was not included in the governor's request or
in the final operating bills. The legislature approved
funding in FY 20 but the governor again vetoed the
appropriation. The governor's amended FY 21 included
funding for the commission, but it was not part of the
operating bill.
Ms. Curtis continued that overall, the audit concluded that
from the date of the prior sunset through June 2017 the
commission operated effectively and did not significantly
duplicate the activities of other entities. The audit also
concluded that there was a continued public need for the
commission and recommended an 8-year extension. The audit
found that when CACFA was active, the executive director
monitored the federal register for new information related
to CACFA's mission, provided comments on proposed changes,
and brought relevant information to the commission's
attention. If determined necessary, CACFFA sent a comment
letter to the applicable federal agency. Comment letters
formally summarized CACFA's concerns with proposed
management plans and changes to regulations and laws. The
commission sent 14 comment letters and testified 4 times
from February 2015 through August 2016 - indicative of a
very active commission. Letters and testimony were directed
to federal agencies and congressional subcommittees.
Ms. Curtis added that CACFA invited federal agencies to
present information and discuss federal plans and policies
via panel discussions to help facilitate communication
between the public, state, and federal agencies. Meetings
generally lasted from 1 to 2 days and included multiple
presentations from individuals representing federal
agencies such as the U.S. National Park Service, U.S. Fish
and Wildlife, the Bureau of Land Management, and state
agencies like the Department of Natural Resources (DNR) and
the Department of Fish and Game (DFG).
Ms. Curtis continued that per the CACFA executive director,
the director and staff assisted between 15 and 20 Alaska
citizens at a time with issues related to federal land
management by helping write complaints and requests for
information and by guiding citizens to the appropriate
agencies. In addition, staff accompanied citizens to permit
and informational meetings to provide support and
expertise. The report made no recommendations. She
indicated that responses to the audit began on page 21. The
DNR commissioner concurred with the recommended 8-year
extension.
9:10:38 AM
Senator Olson had heard Ms. Curtis discuss the
effectiveness of the commission while it was funded. He
asked her to provide an example of a significant effect the
commission had regarding federal overreach.
Ms. Curtis replied that one thing that impressed her most
about the commission was how it advocated on behalf of
citizens. The complexity of the Alaska National Interest
Lands Conservation Act (ANILCA), the Alaska Native Claims
Settlement Act (ANCSA), and the Federal Land Act, was a
challenge for the average citizen to wade through and
decipher. The commission was advocating on behalf of
Alaska's citizens. She was extremely impressed with how the
commission was hands on with the average person needing
assistance.
Co-Chair Bishop indicated someone from DNR was online and
available for questions.
Senator Olson commented that in looking at the commission
make up there was a lack of ANCSA representation. He asked
why more native corporation folks were not involved.
Ms. Curtis responded that the commission was composed of 6
appointees of the governor, 3 from each body of the
legislature including 1 House member and 1 Senate member.
The audit did not investigate the makeup of the board.
9:13:07 AM
Co-Chair Bishop OPENED public testimony.
CHARLES MCKEE, SELF, ANCHORAGE (via teleconference),
testified in support of the bill but did not understand how
the legislation would be funded without additional resource
extraction.
9:16:39 AM
MICHAEL CHAMBERS, SELF, ANCHORAGE (via teleconference),
testified in support of SB 101 and the funding of CACFA. He
was aware the commission operated on $285,000, the bulk of
which went to the intellectual property of the lawyer
involved in the case. He referred to the Alaska State Lands
Advisory Group (ASLAG) report which could be found on DNR's
website and recommended that members read it. The 53-page
report was put together under the chairmanship of Mr. Mead
Treadwell regarding the violations of the federal
government around ANILCA. He reported that since 1980, the
federal government had violated ANILCA in accordance with
the State of Alaska over 2000 times. The state's sovereign
nature had been violated several times, and the commission
stood in support of recognizing the violations and bringing
them to a public format. He thought it was important to
understand and recognize that in the ANILCA report there
was a "no more" clause. He opined that having CACFA intact
was essential to protecting Alaska's sovereign rights.
9:18:57 AM
DEANTHA SKIBINSKI, ALASKA MINERS ASSOCIATION, ANCHORAGE
(via teleconference), spoke in support of extending the
sunset of CACFA. The commission was initially created a
year after the passage of ANILCA to give Alaskans a voice
in navigating the complex land management issues in Alaska.
Ms. Skibinski continued that the state's largest landlord
was not the state. It was the U.S. Department of Interior
with large swaths owned and managed by the U.S. Department
of Agriculture and the U.S. Forest Service. She noted that
there was a secretarial order signed on the previous Friday
by Interior Secretary Holland that revoked the following
previous secretarial orders on the National Petroleum
Reserve Alaska (NPRA), American Energy Independence,
America First Offshore Energy Strategy, and streamlining
National Environmental Policy Act (NEPA) policy reviews.
She indicated that the introductory conversation included
some great information about the 30/30 initiative.
Ms. Skibinski continued that the orders and other
initiatives were massive land management actions that
required hours of reading and research to fully understand
the implications to all Alaskans. She suggested that for
many years CACFA had been the entity to keep up with the
information. The Alaska Miners Association thought it was
more critical than ever for the commission to be engaged in
identifying the impacts of federal actions coming from the
current administration. She believed SB 101 was a great
start keeping CACFA in statute and addressing the issues.
She noted having a letter on record and urged members to
pass the bill out of committee.
9:21:03 AM
RAY KREIG, SELF, ANCHORAGE (via teleconference), spoke in
support of SB 101. He reported that in 1978 when President
Carter declared national monuments across Alaska as a
precursor to ANILCA, he owned two properties - one near Mt.
McKinley National Park and one in the Upper Yukon River
area. He noted Alaskans having had a huge problem with
federal and state interface because of the action. He
learned about CACFA being proposed, testified, and followed
the legislation at the beginning of CACFA when Betty
Fehrenkamp was carrying it 40 years prior. Since then, he
had watched CACFA become an effective and economic means of
helping citizens deal with federal overreach. He urged the
legislature to extend CACFA's existence and to support it
financially.
9:23:34 AM
Co-Chair Bishop CLOSED public testimony.
Co-Chair Bishop stated that the amendment deadline was
Friday, April 23, 2021 at 12:00 P.M.
Co-Chair Stedman commented that the funding for CACFA in
the amount of $178,000 was not insurmountable and would be
money well spent.
SB 101 was HEARD and HELD in committee for further
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 101 Sponsor Statement-CACFA 3.26.21.pdf |
SFIN 4/20/2021 9:00:00 AM SRES 3/29/2021 3:30:00 PM |
SB 101 |
| SB 101 White Paper Differneces ANILCA Program & CACFA.pdf |
HRES 5/14/2021 1:00:00 PM SFIN 4/20/2021 9:00:00 AM SRES 3/29/2021 3:30:00 PM |
SB 101 |
| SB 101 Letter of Support Stan Leaphart 3.28.21.pdf |
HRES 5/14/2021 1:00:00 PM SFIN 4/20/2021 9:00:00 AM SRES 3/29/2021 3:30:00 PM |
SB 101 |
| SB 101 Letter of Support SCI AK 3.28.21.pdf |
HRES 5/14/2021 1:00:00 PM SFIN 4/20/2021 9:00:00 AM SRES 3/29/2021 3:30:00 PM |
SB 101 |
| SB 101 Letter of Support Charlie Lean 3.28.21.pdf |
HRES 5/14/2021 1:00:00 PM SFIN 4/20/2021 9:00:00 AM SRES 3/29/2021 3:30:00 PM |
SB 101 |
| SB 101 Support DOC Newsminer Editorial 11.15.2020.pdf |
HRES 5/14/2021 1:00:00 PM SFIN 4/20/2021 9:00:00 AM SRES 3/29/2021 3:30:00 PM |
SB 101 |
| SB 101 AOC Letter of Support 3.26.21.pdf |
HRES 5/14/2021 1:00:00 PM SFIN 4/20/2021 9:00:00 AM SRES 3/29/2021 3:30:00 PM |
SB 101 |
| SB101 Letter of Support CAP 4.2.21.pdf |
HRES 5/14/2021 1:00:00 PM SFIN 4/20/2021 9:00:00 AM SRES 3/29/2021 3:30:00 PM |
SB 101 |
| SB 101 Letter of Support AMA 4.12.21.pdf |
HRES 5/14/2021 1:00:00 PM SFIN 4/20/2021 9:00:00 AM SRES 4/12/2021 3:30:00 PM |
SB 101 |
| SB 101 LB&A CACFA Audit Report 4.8.2020.pdf |
HRES 5/14/2021 1:00:00 PM SFIN 4/20/2021 9:00:00 AM SRES 3/29/2021 3:30:00 PM |
SB 101 |
| 3 SB 25 Sponsor Statement.pdf |
SFIN 4/20/2021 9:00:00 AM SSTA 2/2/2021 3:30:00 PM |
SB 25 |
| SB 25 Explanation of Changes V.a to V.b.pdf |
SFIN 4/20/2021 9:00:00 AM SFIN 1/24/2022 1:00:00 PM |
SB 25 |
| 6 SB 25 Supporting Doc 2 Historical 10-19 Reports Follow The Money.pdf |
SFIN 4/20/2021 9:00:00 AM SSTA 2/2/2021 3:30:00 PM |
SB 25 |
| 5 SB 25 Supporting Doc 1 Follow the Money 2018 Report.pdf |
SFIN 4/20/2021 9:00:00 AM SSTA 2/2/2021 3:30:00 PM |
SB 25 |
| SB 25 Updated Sectional Version b.pdf |
SFIN 4/20/2021 9:00:00 AM |
SB 25 |
| 7 SB 25 Supporting Doc 3 Online Checkbook Examples.pdf |
SFIN 4/20/2021 9:00:00 AM SSTA 2/2/2021 3:30:00 PM |
SB 25 |
| SB 25 AKPIRG ST AFF testimony.pdf |
SFIN 4/20/2021 9:00:00 AM SFIN 1/24/2022 1:00:00 PM |
SB 25 |
| SB 25 AFP-AK Support Letter_ (002).pdf |
SFIN 4/20/2021 9:00:00 AM SFIN 1/24/2022 1:00:00 PM |
SB 25 |
| SB 25 Responses to SFIN Committee Members re SB 25 Online Checkbook 5.03.21.pdf |
SFIN 4/20/2021 9:00:00 AM SFIN 1/24/2022 1:00:00 PM |
SB 25 |