Legislature(2021 - 2022)BUTROVICH 205
03/29/2021 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| Congressman Don Young's Seward's Day Address on Alaska Resources | |
| Presentation: 30 by 30 Initiative | |
| SB101 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 101 | TELECONFERENCED | |
SB 101-ADVISORY COMMISSION ON FEDERAL MGT AREAS
4:29:23 PM
CHAIR REVAK announced the consideration of 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."
He described the legislation as an important affirmation of the
compelling need to maintain the vital efforts of the Citizen's
Advisory Commission on Federal Areas (CACFA). The bill extends
the sunset date of the commission eight years, from June 30,
2021 to June 30, 2029, as recommended by the [Division of
Legislative Audit] Report that was completed in 2020.
4:29:57 PM
BETTY TANGEMAN, Staff, Senator Joshua Revak, Alaska State
Legislature, Juneau, Alaska, introduced SB 101, a committee
bill, on behalf of the Senate Resources Standing Committee. She
paraphrased the following sponsor statement:
[Original punctuation provided.]
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.
4:33:42 PM
CHAIR REVAK asked Kris Curtis to go through the sunset audit.
4:33:59 PM
KRIS CURTIS, Legislative Auditor, Division of Legislative Audit,
Alaska State Legislature, Juneau, Alaska, stated that the
division conducted a sunset audit of the Citizens' Advisory
Commission on Federal Areas (CACFA). She advised that the
purpose of a sunset audit is to determine whether a board or
commission is serving the public's interest and whether its
termination date should be extended.
MS. CURTIS directed attention to the April 2020 audit report in
the bill packets. Starting on page one, she read the following:
CACFA is responsible for identifying and reducing
potential negative impacts on Alaska and its citizens
from federal actions on any of the over 200 million
acres of federal land in the state. Per AS
41.37.220(a), the commission shall consider, research,
and hold hearings on the consistency with federal law
and congressional intent on management, operation,
planning, development, and additions to federal
management areas in the state. The commission may
request the attorney general file suit against a
federal official or agency if the commission
determines that the federal official or agency is
acting in violation of an Act of Congress,
congressional intent, or the best interest of the
state.
4:35:10 PM
MS. CURTIS reported that CACFA was active from 1981 until 1999
when its funding was eliminated. It was reestablished in 2007
and operated through FY 2017 when its funding was again
eliminated. She said concerns over federal overreach and
unfulfilled commitments led to CACFA being reestablished to
advocate on behalf of Alaskans on issues related to federal
management of Alaska lands.
MS. CURTIS turned to the report conclusions that start on page
seven, and noted that the audit looks at the period of February
2015 through June 2017 when CACFA was defunded. She read the
following finding:
Beginning in FY 17, funding CACFA has not been a
priority. While not a consistent priority for either
the governor or the legislature, both entities
supported the commission at separate times. The
legislature approved funding for the commission in FY
17; however, the governor vetoed the appropriation.
Funding for the commission in FY 18 and FY 19 was not
included in the governor's request, nor the final
operating bills passed by the legislature. The
legislature approved funding in FY 20, but the
governor vetoed the appropriation. The governor's
amended FY 21 budget included funds to restore CACFA
in recognition of the continued need for the
commission. The proposed funding was not included in
the legislature's approved budget.
MS. CURTIS paraphrased the report conclusions that read as
follows:
The audit concluded that, from the date of the prior
audit in February 2015 through the time CACFA was
defunded in June 2017, the commission operated
effectively and did not significantly duplicate the
efforts of other entities. During this period, the
commission actively monitored the effects of federal
regulation and management decisions in accordance with
statutory duties. The audit also concluded that there
is a continuing public need for the commission.
In accordance with AS 44.66.010(a)(10), the commission
is scheduled to terminate June 30, 2021. We recommend
the legislature extend the commission's termination
date eight years, to June 30, 2029
MS. CURTIS stated that the division found that during the time
that 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 it was determined
necessary, CACFA would send a formal comment letter to the
appropriate federal agency to summarize their concerns with
proposed management plans and changes to regulations and laws.
CAFCA sent 14 comment letters and testified four times from
February 2015 through August 2016. When this commission was
funded, it was very active.
4:38:07 PM
MS. CURTIS paraphrased the following to demonstrate that the
commission was very active when it was funded:
According to a prior CACFA member, CACFA invited
federal agencies to present information and discuss
federal plans and policies via panel discussions to
help facilitate communication between the public and
state and federal agencies. Meetings generally lasted
for one or two days and included multiple
presentations from individuals representing federal
agencies such as the U.S. National Park Service, U.S.
Fish and Wildlife Service, Bureau of Land Management,
and State agencies such as Department of Natural
Resources (DNR) and Department of Fish and Game
Per the prior 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 guiding citizens to the
appropriate agencies. In addition, staff accompanied
citizens to permit and informational meetings to
provide support and expertise.
4:39:20 PM
MS. CURTIS directed attention to the agency response on page 21.
In that letter the commissioner of the Department of Natural
Resources concurred with the recommendation to extend the
commission's termination date eight years to June 30, 2029.
SENATOR KIEHL asked about the nature of the comments and
testimony the commission submitted and whether it was on behalf
of the State of Alaska.
MS. CURTIS replied the commission represents Alaska citizens so
their efforts were generally to hold federal agencies
accountable to the provisions and intent in ANILCA, ANCSA, and
the Statehood Act.
SENATOR KIEHL asked if the commission was commenting on behalf
of individual Alaskan applicants.
MS. CURTIS replied the commission is essentially a watchdog to
ensure that federal actions comply with those Acts. She deferred
further explanation to Legislative Auditor Danny Morse.
4:40:47 PM
DANIEL MORSE, Auditor, Division of Legislative Audit, Alaska
State Legislature, Juneau, Alaska, said he would continue to
look, but he had not identified any specific comment letters.
CHAIR REVAK asked Senator Kiehl to restate the question for
CACFA commissioner Susan Smith.
SENATOR KIEHL asked if CACFA is speaking on behalf of individual
permit applicants or the State of Alaska when it provides
commentary to the federal government.
4:41:53 PM
SUSAN SMITH, Commission Member, Citizens' Advisory Commission on
Federal Areas (CACFA), Chokosna, Alaska, explained that when
CACFA received word that an individual had an issue with the
federal government, they would research the law and regulations
to determine whether or not the individual was being treated
properly. If the treatment was unfair, the commission would
speak to the agency about the law or regulation that was being
interpreted incorrectly.
4:42:44 PM
SENATOR BISHOP stated that the commission's primary mission is
to help individual Alaskans navigate the complexities of federal
bureaucracy and he could think of no more prominent example of
that than the Sturgeon case.
CHAIR REVAK asked Tina Cunning to address some of the purposes
of CACFA.
4:43:39 PM
TINA CUNNING, ANILCA Specialist, Anchorage, Alaska, suggested
her brief testimony might clarify the question.
CHAIR REVAK asked her to proceed.
MS. CUNNING informed the committee that the legislature and the
governor adopted the Alaska Position during the ANILCA debates
in 1979, and one of the seven consensus points was the
importance of retaining Alaskans' traditional way of life and
uses on the lands. She said the legislation that originally
created the Citizens' Advisory Commission on Federal Areas
(CACFA) in 1981 was the brainchild of Senator Bettye Fahrenkamp.
She had grown up around mining and was a staunch supporter of
the miners and other Alaskans involved in resource development.
MS. CUNNING continued to provide the following background on
ANILCA and the Citizen's Advisory Committee on Federal Areas:
Prior to being elected to the Senate in 1979, Bettye
had served on the staff of U.S. Senator Mike Gravel in
the previous two years in the negotiations leading up
to the passage of ANILCA. She was convinced that
Alaskans would, over time, lose their rights to access
and uses of the lands and resources that were promised
in ANILCA's compromise if a mechanism wasn't in place
to involve and educate the public and represent the
public in monitoring ANILCA's implementation by
federal agencies. Her legislation to establish the
citizen's advisory commission was landmark in its
structural simplicity and its effectiveness at a
relatively low cost.
Half the commission members are appointed by the
governor and half are appointed by the legislature. In
this way, bipartisanship was assured. The commission
operated independently of the state agencies who were
involved in implementation of ANILCA, whose primary
responsibilities were to defend the state's
responsibilities and authorities in some of those key
provisions for state social and economic benefits.
I served as the first state ANILCA coordinator,
setting up the ANILCA team in 1981. Then went on to
represent ADF&G in that ANILCA program for nearly 30
years. More than once I was told by a political
appointee in the administration that the state would
not defend specific methods of access or other rights
under ANILCA because the administration did not
support those provisions in law.
4:46:49 PM
MS. CUNNING continued:
So thank heavens there was an independent commission
that could operate independently, was not interfered
by administration politics and able to defend
individual all-Alaskans' rights as passed by Congress
in ANILCA.
CACFA helps individual Alaskans deal with filling out
their guide permit applications, for fulfilling their
mining rights that they had prior to ANILCA, their
property rights, access to their inholdings, and
development of those individual inholdings.
One of the things that we in the state's ANILCA
program learned early on, was that CACFA had their ear
to the ground all over the state. They worked where
individual federal managers were, for example,
withholding permits for guiding because they were
inappropriately granting more points to guides who
practiced catch and release than those guides that
allowed their clients to legally keep fish caught.
So while the state's ANILCA program vigorously defends
the state's fisheries management authorities in
federal plans and regulations, federal managers were
applying their own values on individual Alaskans and
their individual business opportunities that CACFA
could then step in and help resolve. CACFA pursued use
of cabins for trapping, which is expressly authorized
in ANILCA. But federal managers were destroying
cabins. CACFA brought to light where federal managers
were not allowing subsistence users to use traditional
methods of access for subsistence. CACFA was able to
enquire and resolve so that federal managers could not
hold a vendetta against the individuals who had a
complaint. The agency staffs couldn't and didn't have
the resources to help individual Alaskans navigate the
red tape of federal permitting or to hold hearings in
rural areas where an agency was proposing to limit
activities, whereas CACFA was authorized and had
volunteers from around Alaska that served as those
individual commissioners to pursue resolving those
conflicts on behalf of individual Alaskans.
4:48:52 PM
MS. CUNNING continued:
It is only fitting that CACFA be reauthorized again to
continue this valuable job 30 years after Bettye died.
Her vision for a public forum to protect individual
public rights to use the lands and resources that were
legislated in ANILCA is needed as much today as
perhaps ever.
4:49:12 PM
Let me share one last example. Last week the public
comment period ended on national draft regulations
proposed by the Fish and Wildlife Service regarding
rights-of-way for inholdings and for developing
transportation and utility infrastructure between
communities. The regulations completely ignored
ANILCA's provisions for a process to permit such
infrastructure. Not one word. The complete ignoring of
that right will have serious impacts on communities in
rural Alaska, for development of the ANCSA corporation
lands, as well as the state lands. And I'm a person
who monitors this stuff fairly closely and I didn't
even hear these regulations were out till the last
minute. Without CACFA, there was no information or
effort to educate the affected Native corporations,
the communities, or other interests. The state wrote
an excellent letter, but no one else even begins to
understand the impacts in Alaska if those regulations
are allowed to be finalized as written, particularly
the impacts on individuals.
4:50:19 PM
CHAIR REVAK described ANILCA as a very complicated law. He
commented that it has been 41 years and the federal government
has yet to figure out the locations of navigable waters. He
expressed appreciation for her comments and said he understands
the value of CACFA.
4:50:38 PM
CHAIR REVAK opened public testimony on SB 101.
4:50:52 PM
STAN LEAPHART, representing self, Fairbanks, Alaska, disclosed
that he worked for the Citizen's Advisory Committee on Federal
Areas from August 1982 until July 1999 and 2007 to 2014. He was
also a member of the Alaska State Lands Advisory Group that
advised the commission on issues important to the public.
MR. LEAPHART said Senator Fahrenkamp's thinking in creating the
commission was how would ANILCA be implemented in a way that
protects Alaskans' traditional use of the federal lands because
they are essential to Alaskans to use for hunting, fishing, and
resource development. For ten years after passage of this
unprecedented piece of legislation there were management plans
were being written by various federal agencies and regulations
promulgated. The public was overwhelmed because most people had
never looked at either proposed federal regulations for
implementing a statute or an environmental impact statement
(EIS). CACFA saw its job as trying to help the public do this.
In addition to the regularly scheduled commission meetings where
CACFA took testimony from the public, they sponsored public
meetings around the state. For example, the National Park
Service in the late '80s held three public meetings in urban
areas on proposed regulations to regulate the use and
construction of cabins in national parks. CASFCA thought that
was inadequate so it held additional public meetings.
CHAIR REVAK asked, in the interest of time, if he would conclude
his comments.
MR. LEAPHART urged the committee to support and pass SB 101
because CACFA serves a purpose that no other state agency
fulfills. It is a useful tool for the citizens and the State of
Alaska itself.
4:55:13 PM
JOHN STURGEON, representative, Safari Club International Alaska
Chapter (AK SCI), Anchorage, Alaska, related that this club
advocates for hunters, promotes conservation based on science,
promotes hunting and conservation education, and sponsors
humanitarian programs such as Wounded Warriors on Safari. He
stated that AK SCI adamantly supports SB 101 to reauthorize
CACFA; it does what the average citizen is unable to do. The
federal government promulgates a large variety of land use plans
and regulations and CACFA does a very good job of tracking these
where it is nearly impossible for a private citizen to do so. He
concluded his comments by restating that Safari Club
International Alaska Chapter supports passage of SB 101.
4:56:41 PM
CHAIR REVAK closed public testimony on SB 101, and asked if
there were questions or comments.
4:56:50 PM
SENATOR KAWASAKI commented that it was unusual to see a zero
fiscal note for an extension of a board or commission. He
questioned whether authorizing the extension without the money
to do the job might be setting CACFA up for failure.
CHAIR REVAK noted that a member of the finance committee was on
this committee.
4:57:37 PM
At ease
4:58:23 PM
CHAIR REVAK reconvened the meeting and stated that Senator
Kawasaki brought up an important point and he would hold SB 101
so the committee could look into the lack of funding for this
commission.
| 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 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 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 DNR OPMP Fiscal Note 3.26.2021.pdf |
SRES 3/29/2021 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 |
| 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 |
| SB 101 30x30 Presentation by Mylius 3.29.21 final.pdf |
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 Support Leeter Mary Bishop 4.28.21.pdf |
HRES 5/14/2021 1:00:00 PM SRES 3/29/2021 3:30:00 PM |
SB 101 |