04/10/2009 03:30 PM Senate RESOURCES

             SB 108-STAMPEDE STATE RECREATION AREA                                                                          
                                                                                                                              
4:56:14 PM                                                                                                                    
CO-CHAIR MCGUIRE announced SB 108 to be up for consideration.                                                                   
                                                                                                                                
CO-CHAIR  WIELECHOWSKI moved  to  adopt the  committee  substitute                                                              
(CS) to  SB 108, labeled 26-LS0568\R.  There was no  objection and                                                              
version R was before the committee.                                                                                             
                                                                                                                                
JOE  HARDENBROOK, staff  to  Senator Thomas,  sponsor  of SB  108,                                                              
said  the  bill  had  already been  heard  once  before,  and  the                                                              
administration  wanted  to  make  a statement  on  their  proposed                                                              
amendment.                                                                                                                      
                                                                                                                                
CO-CHAIR MCGUIRE  said because  of the lateness  of the  hour, she                                                              
asked Ms. Siroki  to present the amendment in  the next committee,                                                              
which is Finance,  but she agreed that it is important  to get the                                                              
administration's  position on the  record on  what the  bill would                                                              
be without the amendment.                                                                                                       
                                                                                                                                
4:57:35 PM                                                                                                                  
MARY SIROKI, Special  Assistant, Department of  Transportation and                                                              
Public  Facilities  (DOTPF), said  they  worked  with  the DNR  to                                                              
assure they  were on the same  page and put together  an amendment                                                              
that  had  legislative  intent  as  well  as  specific  clarifying                                                              
language  that  identified transportation  and  utility  right-of-                                                              
ways.  The  intent  meets  the  needs  of  Department  of  Natural                                                              
Resources  (DNR) and  says  the DOTPF  will  issue to  the DNR  an                                                              
easement permit  for their  management of recreational  activities                                                              
and  the  construction  of  recreational   facilities  within  the                                                              
transportation  right-of-way.  The   second  part  of  the  intent                                                              
language  clearly says  that the  DOTPF will  move and/or  pay for                                                              
the relocation of  infrastructure should DNR have  constructed any                                                              
such infrastructure  in the  right-of-way. The  third part  of the                                                              
intent language  states that  the commissioners  of DNR  and DOTPF                                                              
may  relocate the  right-of-way within  the Stampede  Recreational                                                              
area.                                                                                                                           
                                                                                                                                
The  actual amendment  specifically  states that  the DOTPF  would                                                              
have a  utilities and transportation  right-of-way that  exists in                                                              
the space  of 500 ft. on either  side of the  RS2477 right-of-way;                                                              
it  would go  to the  park  boundary and  then  parallel the  park                                                              
boundary  and come  back in where  the RS2477  trail reenters  the                                                              
recreation  area.  It  also  states  that  upon  completion  of  a                                                              
transportation   or  utility  improvement   within  the   Stampede                                                              
Recreation Area the Department will only retain such right-of-                                                                  
way as necessary  for the operation of that route  and will vacate                                                              
the rest of it.                                                                                                                 
                                                                                                                                
5:00:23 PM                                                                                                                  
She said  it is the administration's  position that  the inclusion                                                              
of  a transportation  and  utility easement  right-of-way  through                                                              
this recreation area is necessary for its support of this bill.                                                                 
                                                                                                                                
SENATOR  FRENCH,  to understand  the  nature of  the  disagreement                                                              
they  have  before  them,  he asked  how  the  sponsor  views  the                                                              
administration's request for an amendment.                                                                                      
                                                                                                                                
MR. HARDENBROOK  replied that Senator Thomas introduced  this bill                                                              
to  reflect the  wishes  of the  Denali  Borough  and its  elected                                                              
Assembly and administration.  He has circulated to  the members of                                                              
the  committee  a  memo  from  the   Denali  Borough  Mayor,  Dave                                                              
Talerico,  stating opposition  to  the proposed  right-of-way.  So                                                              
most people  who will  be most impacted  by this amendment  oppose                                                              
it and so does Senator Thomas.                                                                                                  
                                                                                                                              
SENATOR  WAGONER said  this  could  be taken  care  of later,  but                                                              
asked if the Denali Borough is a second or first class borough.                                                                 
                                                                                                                                
MR.  HARDENBROOK replied  that  they are  a  second class  borough                                                              
without road powers.                                                                                                            
                                                                                                                                
SENATOR WAGONER  stated if they  don't have road powers,  the only                                                              
person who  is going to  be building a  road through there  is the                                                              
State  of  Alaska. He  understands  why  the  state needs  a  road                                                              
right-of-way, but  he didn't understand  why they needed it  to be                                                              
that big.                                                                                                                       
                                                                                                                                
MS.  SIROKI  replied that  the  DOTPF  believes that  a  1,000-ft.                                                              
right-of-way gives  them enough room to  be able to locate  a road                                                              
in the best  area possible - so  they could look at  substrate and                                                              
avoid wetlands and historic and archeological sites.                                                                            
                                                                                                                                
SENATOR WAGONER  suggested letting the next committee  of referral                                                              
look at it.                                                                                                                     
                                                                                                                                
At ease from 5:02 p.m. to 5:10 p.m.                                                                                             
                                                                                                                                
5:10:55 PM                                                                                                                    
CO-CHAIR WIELECHOWSKI  moved to report SB 108  from committee with                                                              
individual  recommendations  and  attached fiscal  note(s).  There                                                              
being no objection, CSSB 108(RES) moved from committee.