Legislature(2021 - 2022)BUTROVICH 205
04/20/2022 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB180 | |
| SB177 | |
| SB219 | |
| SB227 | |
| SB180 | |
| SB228 | |
| HCR2 | |
| HB54 | |
| Alaska Fisheries Presentation | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 180 | TELECONFERENCED | |
| += | SB 177 | TELECONFERENCED | |
| += | HB 54 | TELECONFERENCED | |
| += | SB 219 | TELECONFERENCED | |
| += | SB 227 | TELECONFERENCED | |
| += | SB 228 | TELECONFERENCED | |
| += | HCR 2 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
SB 227-STATE OWNERSHIP OF SUBMERGED LAND
4:15:21 PM
CHAIR REVAK reconvened the meeting and announced the
consideration of SENATE BILL NO. 227 "An Act relating to state
ownership of submerged land within and adjacent to federal
areas; and providing for an effective date."
[SB 227 was previously heard on 4/8/2022.]
CHAIR REVAK solicited a motion to adopt the committee
substitute.
4:15:43 PM
SENATOR MICCICHE moved to adopt the committee substitute (CS)
for SB 227, work order 32-GS2561\B, as the working document.
4:15:56 PM
CHAIR REVAK objected for discussion purposes.
4:16:20 PM
BEN MULLIGAN, Deputy Commissioner, Alaska Department of Fish and
Game, Juneau, Alaska, stated that the department spoke to Alaska
National Interest Lands Conservation Act (ANILCA) experts who
suggested several changes. He referred to subsection (j) on page
4, line 9 of Version B, which read:
(j) For purposes of (b) and (c) of this section, the
commissioner shall make a determination of
navigability based on evidence consistent with the
meaning given to "navigable water" in (g) of this
section, and after considering factors that include
4:17:08 PM
MR. MULLIGAN pointed out that the ANILCA experts interpreted the
language in Version A as too constraining and that the
department could only consider what was listed below for
criteria to determine navigability. He said the department
suggested adding the language "that include" to provide
flexibility in future situations when determining navigability.
Still, if it did not meet the criteria listed, the navigable
water could be brought forward and not constrain the department.
4:17:52 PM
MR. MULLIGAN referred to page 4, line 12 to the second change,
which read:
(1) a showing that a river is boatable at any time
during the open-water season ....
MR. MULLIGAN stated that the original version of SB 227, Version
A, read:
(1) a showing that a river is boatable at least one-
third of the open water season ...
MR. MULLIGAN explained that this change was made to avoid
restricting the department when determining navigable waters and
asserting the state's rights on navigability.
4:18:41 PM
SENATOR KAWASAKI referred to the definition of navigability. He
asked if boatable was a term of art. He further asked if there
was a stronger definition of navigability in current statute or
used by federal agencies.
4:19:10 PM
MR. MULLIGAN deferred to the Department of Natural Resources
(DNR).
4:19:44 PM
JIM WALKER, Public Access Assertion and Defense Section Chief,
Division of Mining, Land and Water, Department of Natural
Resources, Anchorage, Alaska, explained that the definition of
navigability is largely found within case law for determining
what it means for a particular river to be deemed navigable for
title or ownership purposes. As discussed in the previous
hearing, navigability can mean different things depending on the
context. He indicated that the term "boatability" refers to the
ability to boat with the requisite criteria on a particular
waterway for the period of the open water season. He stated that
boatability is a useful term for better understanding the legal
definition of navigability.
4:21:25 PM
CHAIR REVAK withdrew his objection; he heard no further
objection, and Version B was adopted as the working document.
4:21:44 PM
At ease
4:24:28 PM
CHAIR REVAK reconvened the meeting. He explained that the
committee would like to further review some of the legal issues
on this bill.
4:24:48 PM
CHAIR REVAK held SB 227 in committee.