Legislature(1999 - 2000)
04/18/2000 02:45 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 212(FIN) am
An Act authorizing the commissioner of fish and game,
with the concurrence of the Board of Fisheries or the
Board of Game, to award grants for habitat restoration,
access, or enhancement projects; and providing for an
effective date.
KEN TAYLOR, DIRECTOR, DIVISION OF HABITAT AND REFORESTATION,
DEPARTMENT OF FISH AND GAME, stated that the bill would
authorize the Commissioner of the Department to award grants
for certain resource activities.
Under the bill, the Commissioner would have express
authority to directly award grants that serve core missions
of the Department, protecting, maintaining and improving
public access to fish, game and habitat resources of Alaska.
Current law necessitates the Department to channel money
through other agencies which cause delay and add
considerable administrative costs.
Mr. Taylor added that an increasing amount of federal funds
are available to restore fish habitat and passage. The
legislation represents a cost-effective way to continue
efforts on private and public land to rehabilitate
riverbanks, protect fish streams and enhance access to these
areas.
Vice Chair Bunde asked for further explanation of Line 10,
the "concurrence by the Board of Fisheries or the Board of
Game". Mr. Taylor replied that during review in the Senate
Resources Committee, language was amended to provide for the
concurrence of those entities. Most of the programs would
be targeting salmon restoration activities.
Mr. Taylor explained the process. The State program would
come to the Legislatture with a capital request for the
item. If the Legislature denied it, the funding would not
be made available; however, if it were approved, they would
go to the Board of Fisheries to determine if they approved
of the plan. Vice Chair Bunde pointed out that they give
the Board of Fisheries veto power. Mr. Taylor agreed.
Representative Phillips questioned why the language
insinuated that this practice had been standard in the past.
Mr. Taylor explained that it had not been a standard
practice and that there had been a separation between the
fiscal powers of the Department and the Board. It is a
deviation from standard practice.
Representative Phillips stated that the Legislature does not
have the power to designate appropriation authority to
anyone else. She MOVED a conceptual amendment, deleting
language on Line 10. Vice Chair Bunde OBJECTED for
discussion purposes.
Representative Austerman asked why the legislation was
before the Committee. Mr. Taylor advised that in the past,
there were Exxon Valdez oil spill (EVOS) criminal settlement
funds, which were appropriated through the Senate Capital
Improvement Project (CIP) to the Department for restoration
activities. The funds could not be granted directly to
private landowners to do that work and were handled through
a cooperative agreement with a federal agency. That process
was cumbersome. The State did all the work and then the
credit went to federal agencies. Many decisions were placed
in the federal agencies.
Representative Austerman understood that some of the
concerns were about access. He noted the title. Mr. Taylor
replied that the bill was amended on the Senate floor to
include "access" as a project category that federal receipts
would be applied towards. He stated that the receipts,
which were going to be available, would be for habitat
restoration and enhancement. Mr. Taylor noted that he did
not envision many federal receipts available for purchasing
access.
Representative Grussendorf asked what would occur if the
legislation did not pass. Mr. Taylor replied that the
Department would continue to be partners with federal
agencies to funnel money in order to get people the grants.
Representative Grussendorf asked if they would actually have
veto power. Mr. Taylor explained that there had been an
amendment proposed by the Senate Resources Committee.
Representative Phillips MOVED the amendment which would
remove Line 1 from the title, "with the concurrence of the
Board of Fisheries or the Board of Game" and Line 9, "The
award of a grant under this section is subject to
concurrence by the Board of Fisheries or the Board of Game,
whichever is appropriate." There being NO OBJECTION,
Amendment #1 was adopted.
Representative J. Davies MOVED that the appropriate title
resolution be drafted to accompany the legislation.
Representative Grussendorf again asked the Department's
intent with passage of the legislation. Mr. Taylor
responded that the Department was attempting to gain better
administrative efficiency. There being NO OBJECTION, the
title change was so ordered.
Representative Austerman reiterated his concern regarding
the access. Mr. Taylor explained that the access had been
included by an amendment proposed on the Senate floor as a
category of activities that federal receipts could be used
for granting mechanisms. Mr. Taylor did not envision any
receipts, which the Department would be able to spend in
that manner.
Discussion followed regarding access concerns.
Representative Phillips questioned if it had been added as a
result of the EVOS monies. She suggested that the language
be removed.
Representative Austerman MOVED to remove "access" on Lines
Davies pointed out that it would not cause a problem for the
Department, however, it could provide a problem for the
legislation. Representative G. Davis voiced his objection
to the amendment also. Representative Austerman WITHDREW
the MOTION to adopt the amendment.
Representative Foster MOVED to report HCS CS SB 212 (FIN)
out of Committee with individual recommendations and with a
fiscal note by the Department of Fish and Game dated
1/21/00. There being NO OBJECTION, it was so ordered.
HCS CS SB 212 (FIN) was reported out of Committee with a "do
pass" recommendation and with a fiscal note by Department of
Fish and Game dated 1/21/00.
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