Legislature(2003 - 2004)
02/16/2004 03:36 PM Senate RES
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SB 190-KENAI RIVER SPECIAL MANAGEMENT AREA
CHAIR SCOTT OGAN called the Senate Resources Standing Committee
meeting to order at 3:36 p.m. Present were Senators Thomas
Wagoner, Fred Dyson, Kim Elton, Georgianna Lincoln and Chair
Scott Ogan. Senator Ralph Seekins arrived at 3:37 and Senator
Ben Stevens was excused. The first order of business to come
before the committee was SB 190.
MS. AMY SEITZ, Staff to Senator Thomas Wagoner, sponsor,
explained that the two main purposes of SB 190 are to transfer
lands to the Kenai River Special Management Area (KRSMA) and to
change the makeup of the advisory board. The new lands would be
put into KRSMA so they can be managed by people who focus on
maintaining the Kenai River system, an important resource for
the whole state. She related that the KRSMA was established in
1984 to protect the Kenai River system and covers about 105
million square miles. SB 190 adds 536 acres of land acquired
from funds from the Exxon Valdez oil spill settlement and a few
parcels that were left out of the original 1984 bill.
MS. SEITZ said SB 190 would change the makeup of the advisory
board to be more of a citizen's board by changing the state and
federal agency members to ex-officio members.
CHAIR OGAN asked her if anyone hates this bill.
MS. SEITZ replied that she didn't think anyone hated it.
SENATOR THOMAS WAGONER said that various quarters have resisted
adding acreage, but these lands are important at this time.
Other bills might add more acreage later if enough public
support could be mustered.
SENATOR RALPH SEEKINS asked which activities would not be
allowed on this land under this bill. He thought that it removed
the mineral estate, like gold mines and gravel pits. He wondered
what would be protected.
MS. SEITZ responded that those activities are not allowed
currently under the Exxon Valdez Oil Settlement (EVOS).
SENATOR WAGONER observed that putting lands into the state park
is the ultimate protection next to proclaiming it a wilderness
area. Some of the parcels are down-river where a boat ramp has
been considered. Putting in a boat ramp would be tougher to do
on park land.
CHAIR OGAN asked if he is talking about a park, because the bill
refers to the Kenai River Special Management Area.
MS. SEITZ clarified that KRSMA is managed though the Division of
Parks in the Department of Natural Resources (DNR).
SENATOR SEEKINS said he wanted to make sure there were no
unintended consequences.
SENATOR WAGONER didn't see any unintended consequences at this
time.
CHAIR OGAN asked if the land that was purchased with EVOS money
was mostly privately held.
SENATOR WAGONER responded that these lands were proposed
additions in the original bill from three years ago.
MS. SEITZ affirmed that all the properties acquired through EVOS
were state lands.
SENATOR LINCOLN asked Senator Wagoner to expand on the reasoning
behind going to a more public membership board. She noted an
article in which a member disagreed with the proposed makeup due
to his concern about special interest groups controlling the
board.
SENATOR WAGONER responded that, due to lack of participation
through absentees or whatever on this board, the only special
interests are the agency representatives. The agencies should
continue to attend and have input, but that's their job; it's
the citizens' job to have the final vote and the final say. He
professed:
That board will represent the three municipalities
that are on the river - basically the Kenai Peninsula
Borough, the City of Kenai and the City of Soldotna.
Other members are members at large - members of the
guide industry, members of the commercial fishing
industry. I just feel more comfortable with that board
and them having the say, not the agencies. I see too
many times, the agencies tend to dominate meetings and
dominate the outcome.
SENATOR LINCOLN followed up saying that she had heard criticism
that there are no municipal representatives currently on the
board from Seward, Homer or Anchorage, but that membership would
be confined to adjacent management areas. She asked if those
people are precluded from serving on the board.
SENATOR WAGONER responded that he didn't quite understand her
question, but stated that Seward, Homer and Anchorage are not on
the Kenai River; and the City of Soldotna, the City of Kenai and
the Borough are the municipalities that are adjacent to the
river and the properties. He claimed further:
We didn't see any great need for them to have the
voting representation. Seward would have
representation through the borough-appointed
representative - and so would, basically, Homer, but
Homer is about 72 miles from the Kenai River and these
properties.
SENATOR LINCOLN had information indicating that adjacent to
these waters are 15 state parks, subunits, lands owned by the
cities, the borough and the federal government and private
Native lands. She asked how many members are on the board and
how would one go about becoming a member of it.
SENATOR WAGONER answered that the board membership rotates every
two years. He offered the name of current members and a brief
comment about each. Joe Connors, who used to teach at Anchorage
Community College, is now a guide and was a commercial fisherman
in Cook Inlet for years. Ted Wellman is an attorney from
Anchorage and a very active member on the board. Paul Shadura is
a commercial fisherman and Native leader. Jim Golden is an
outfitter using the Kenai River. David Westerman is from Cooper
Landing. Roland Maw is the Executive Director of United Cook
Inlet Drift Association. Ken Lancaster, the representative who
started this bill four years ago, is a past mayor of the City of
Soldotna. Jeff King is a life-long Alaskan sport fishing guide
on the Kenai River. He didn't know Richard Hahn.
SENATOR ELTON asked if there were restrictions now on the use of
EVOS lands and were they open to oil and gas leasing, for
instance.
MR. PETE PANARESE, Division of Parks and Outdoor Recreation,
DNR, answered that section 3 amends AS 41.21.502(c) referring to
the Kenai River Special Management Area. The EVOS lands that are
currently outside the management area are not available for oil
and gas exploration. When they are included in KRSMA, they fall
under its umbrella.
SENATOR ELTON clarified that those lands are currently not open
to oil and gas leasing, but if they were added to the special
management area, they would be.
MR. PANARESE affirmed that.
SENATOR ELTON said it seemed to him that changing the makeup of
the board is a rather substantive change, because it makes some
government members ex-officio while municipal government members
retain their ability to vote. Even more to the point, section 4,
which says a majority of the voting members of the advisory
group shall be residents of the Kenai Peninsula Borough, is
creating a couple of classes of people. For instance, some
fisheries guides that operate on the river live in Anchorage and
it seems that a majority of the users of the river are probably
from outside the borough. Also, when the majority of voting
members have to be residents of the borough a second class of
user is created. He asked what is envisioned by creating those
different classes of people.
SENATOR WAGONER answered that that language is already in
statute.
SENATOR ELTON granted that that language is already in statute,
but pointed out that it is being perpetuated here.
It just seems to me that you are disenfranchising
river guides that live in Anchorage or that live
elsewhere outside of the borough and you're
disenfranchising many of the users of the Kenai River,
those people who live outside the borough who come
down to enjoy one of the natural wonders of your area.
SENATOR WAGONER responded:
We don't preclude them from serving. We just say a
majority of them will be from the Kenai Peninsula.
That doesn't exclude them from serving in one of the
seats that's not on the Kenai Peninsula.... I do
believe in local control - as much as you can get to
local control. Those people that live on the Peninsula
have a vested interest - a lot of them a lot longer
than any other people around and especially the cities
and municipalities have a vested interest in the
business people in Soldotna and Kenai. That's the
lifeblood of a lot of businesses. It's not the
lifeblood of a lot of beds and breakfasts in Anchorage
or the Mat Valley or any other place, but it is the
lifeblood of a lot of bed and breakfasts and guide
businesses in Kenai. I don't think you'll find that
there are a lot of guides that guide in the Kenai
River that live in Anchorage - not nearly as many as
you might think.
SENATOR SEEKINS said it looked like the attempt was to add
acreage to the already existing management area. He asked, if
those lands are open to oil and gas leasing, are there setbacks
or other statutory requirements that would apply to those
activities for reasonable protection of the river.
CHAIR OGAN replied that state law already delineates 500 ft.
setbacks from rivers and lakes; mitigation measures are in every
plan of operation that is reviewed by the Department of Natural
Resources (DNR), the Department of Conservation (DEC) and Alaska
Department of Fish and Game (ADF&G).
SENATOR ELTON said he wanted to make sure that when EVOS
purchased the land there weren't stipulations in the contract
that are being set aside by opening up that land to oil and gas
leasing.
MR. PANARESE answered that he wasn't clear on that and would
have to get back to him on it.
SENATOR ELTON said he wanted to know what the conditions of
purchase were and what is really allowed in section 3.
CHAIR OGAN said he also had a question about section 3 and
interpreted it to mean the land would be open for oil and gas
leasing, but not for mining.
MR. PANARESE replied that was his understanding, also. He
thought the Legislature had the use of directional drilling in
mind, not actually putting facilities on park land.
SENATOR LINCOLN asked if Senator Wagoner was anticipating having
no travel costs for the citizen advisory boards.
SENATOR WAGONER replied that had not been the case in the past
and he didn't foresee that changing.
SENATOR LINCOLN responded that the reason that hasn't been the
case in the past is because the agencies have paid for it, but
it's different when it's applied to a citizen group, which is
why she questioned it. She asked if there were any letters of
support.
MS. SEITZ replied that they didn't really ask for letters of
support, but they have one from the Kenai Peninsula Borough that
supports the bill and opposes adding any other land to KRSMA.
SENATOR ELTON asked how people were chosen for the current
board.
MS. SEITZ answered that the commissioner of DNR appoints them
from names that are submitted.
SENATOR ELTON asked if there are designated seats for guides and
sport fishermen, etc.
MS. SEITZ replied that there weren't designated seats.
MR. PANARESE added that the by-laws of the board require the
board to propose three names. The public member nominees submit
a short resume' to the commissioner of DNR and perhaps indicate
their preference. The commissioner then appoints one of them.
The government members would be appointed by the commissioners
of the departments they represent. The Fish and Wildlife Service
and Forest Service would each appoint their representative, as
would the other three branches of government local to the Kenai
Peninsula.
SENATOR ELTON said it would be helpful to get a copy of the by-
laws. He wanted to be sure they would not end up with
municipality people precluding the recreational users of the
river from being fully represented.
MR. ROBERT VALDATTA, member of the Municipal Advisory Panel on
Stranded Gas in Soldotna, said that the bridge is the main
concern.
CHAIR OGAN asked him how that issue is relevant to the present
bill.
SENATOR WAGONER asked him if he was talking about the proposed
bridge between Sterling and Funny River and the boat ramp that
is a part of that project.
MR. VALDATTA replied yes and added that it was being discussed
20 years ago.
SENATOR WAGONER illuminated him saying that it is still being
discussed. He thought a lawsuit was being filed by some people
who live in a couple of subdivisions on the road that was chosen
as the preferred site. However, he didn't think this bill was
relevant to those lands.
CHAIR OGAN thanked everyone for their comments and said SB 190
would be held for further work.
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