Legislature(2007 - 2008)SENATE FINANCE 532
05/04/2007 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB215 | |
| SB111 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 104 | TELECONFERENCED | |
| + | SB 111 | TELECONFERENCED | |
| + | HB 215 | TELECONFERENCED | |
| + | TELECONFERENCED |
CS FOR SENATE BILL NO. 111(RES)
"An Act creating the Kodiak Narrow Cape Public Use Area."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Stedman, who previously heard this bill in the Senate
Resources Committee, announced that, absent any unexpected
issues, the intent today would be to report the bill from
Committee.
10:00:45 AM
DOUG LETCH, Staff to Senator Gary Stevens, the bill's sponsor,
displayed a map [copy on file] depicting the location of the
46,000 acre Narrow Cape Public Use Area this legislation would
establish on Kodiak Island. This is a popular recreational area
in the vicinity of the Alaska Aerospace Development
Corporation's Kodiak Island Rocket Launch Facility and a buffalo
range that offers beachcombing, surfing, and numerous other
activities.
Mr. Letch stated that the reason for designating this site as a
public use area is to preserve it in its current form. This
designation would also ensure that the Legislature would be
involved in any future decision regarding State land in the
area. He reminded the Committee that a few years prior, a
University of Alaska lands bill considered State land in the
Narrow Cape area. That legislation raised Kodiak Island
residents' concern about Legislative decisions about the area
and was, in essence, "the impetus" for this bill.
Mr. Letch clarified that the creation of the Narrow Cape Public
Use Area would not curtail activities currently being conducted
in the vicinity; specifically those associated with the Kodiak
Launch Site.
Mr. Letch informed that the bill's sponsor "worked extensively"
with the Department of Natural Resources and the Kodiak Island
Borough to develop the bill. It is supported by the City of
Kodiak, the Kodiak Island Borough, the Alaska Aerospace
Development Corporation, and the Department of Natural
Resources.
Mr. Letch stated that the bill is accompanied by a zero fiscal
note from Department of Natural Resources.
Mr. Letch also noted that Senator Dyson was familiar with the
area since he had attended the first rocket launch at the nearby
rocket launch site.
Mr. Letch considered this a good bill. The members of the Senate
Resources Committee, which included Senator Huggins and Co-Chair
Stedman, recognized the intent of the bill.
10:04:29 AM
SENATOR GARY STEVENS, the bill's sponsor, spoke in favor of the
bill. It is supported by the residents of Kodiak Island.
Senator Stevens qualified that even though Kodiak Island is the
largest island in the United States, it had limited public use
areas. Furthermore, two-thirds of the island has been designated
a bear refuge.
Senator Stevens noted that the site being considered in this
legislation is a popular recreational area located approximately
50 miles from the City of Kodiak. In addition to the Kodiak
Island Rocket Launch site, other nearby special use designations
include a buffalo ranch and grazing leases.
10:06:04 AM
Senator Thomas asked the intent of language in Section 1
subsection Sec. 41.23.260(f) page 3 lines 15 -21 regarding
"incompatible" use with the area. While understanding there
being no intent to curtail current users' activities in the
area, some activities must have been deemed incompatible with
the area in order for this language to be included.
10:06:46 AM
Mr. Letch deferred to Dick Mylius with the Department of Natural
Resources.
10:07:03 AM
DICK MYLIUS, Director, Division of Mining, Land and Water,
Department of Natural Resources, testified via teleconference
from an offnet location and informed the Committee that at this
time, no incompatibility activities have been identified. This
language was simply included in the bill in anticipation of
future issues or conflicts that might arise.
Mr. Mylius also noted that the bill contained language that
provided the Department the option to develop a management plan
for the area if deemed necessary. An earlier version of the bill
specified that as a mandatory rather than optional provision.
The Department does not anticipate any immediate need to develop
a land management plan for the area since they had recently
completed a Kodiak Area Plan which provided direction on how the
island's State land would be managed. This legislation is
consistent with the findings in that plan.
10:08:41 AM
Senator Olson asked who would be responsible for maintaining the
area were this legislation approved.
Senator Stevens again deferred to Mr. Mylius.
10:08:52 AM
Mr. Mylius responded that this legislation would not affect how
the land would be managed; it would continue to be maintained by
the Division of Mining, Land and Water. The bill would simply
assure that the land would remain "in public ownership" and that
it could "not be disposed of" without Legislative approval.
10:09:27 AM
Co-Chair Stedman noted the bill was accompanied by a zero fiscal
note from Department of Natural Resources.
10:09:36 AM
Senator Olson asked whether this land designation would affect
any private property owners in the area.
Senator Stevens understood there were no private property
holdings in the area.
Mr. Letch thought that the land in the area belonged to either
the State or the federal government. The nearby buffalo ranch
operated on land leased from those entities. Mr. Mylius could
confirm the status of the land holdings.
10:10:18 AM
Mr. Mylius corrected the information. Mr. Burton, the operator
of the buffalo ranch, owned a 160 acre parcel of land within the
boundaries of the proposed public use area. His land had been
purchased from the federal government and was located near the
airstrip north of the rocket launch facility, depicted on the
map. This land would be unaffected by this legislation since it
was considered "an in-holding" and as such would not be included
in "the definition of what's included in the public use area".
Only State-owned land is subject to this legislation.
10:10:54 AM
Co-Chair Hoffman inquired how language in Section 1, subsection
Sec. 41.23.240(4) page 1 lines 14 and 15, which gave the
responsibility of managing surface and subsurface land
activities to the commissioner of the Department of Natural
Resources, would affect the public use area; specifically in
regards to exploration and mining activities.
Mr. Mylius expressed that mining claims could be staked,
explored, and developed in the area and oil and gas leases could
be granted. However, the Department did not believe this area
held "much potential for minerals" and no oil and gas fields
have been identified in the area.
10:11:54 AM
JEROME SELBY, Mayor, Kodiak Island Borough, testified via
teleconference from Kodiak and identified this as being "an
important bill for Kodiak, primarily because most of the land
adjacent to the Kodiak road system is privately owned. This is
the only significant portion of land that's publicly owned that
is available for recreation. The area is easily accessible and
is heavily used for a variety of recreation activities including
berry picking, fishing, surfing, and hiking.
Mr. Selby urged the Committee to recognize the value of this
land as a recreational area and support the bill. The community
desired to protect this land and not be surprised to learn about
potential development plans for it, as was the case a few years
prior, when the community read about a proposed State land
transfer to the University in the newspaper. This land
designation would ensure that any future discussion about land
use changes in this area would undergo a public debate within
the Legislature.
Co-Chair Hoffman moved to report the bill from Committee with
individual recommendations and accompanying fiscal notes.
Without objection, CS SB 111(RES) was REPORTED from Committee
with previous zero fiscal note #1 from the Department of Natural
Resources.
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