Legislature(1995 - 1996)
02/12/1996 03:36 PM Senate RES
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SRES 2/12/96
SB 230 LEG APPROVE PERM'NT RECREAT'NL RESTRICT'N
SENATOR LEMAN announced SB 230 to be up for consideration.
SENATOR PEARCE, prime sponsor, said the bill was introduced to
protect Alaskan's rights to access State water and land for
recreational use in a time when the federal government continues to
restrict and prohibit our access to many areas of the State.
Alaskans are presently losing rights to traditional recreational
use on some State land and park lands without appropriate
notification or justification. Citizens believe the public comment
process is not being fairly administered and all user groups are
not being represented. In some instances authority to restrict and
prohibit uses on State land are being transferred from the Division
of Lands to the Division of Parks and Outdoor Recreation.
Nonrestricted areas of our State are being closed without proper
oversight by the legislature. Decisions to deny access for
recreational use, because of its importance, have always been made
by the legislature. The Constitution of the State of Alaska
recognizes the importance of land closures and mandates that all
closures over 640 acres must be legislatively designated. We must
continue to make provisions for dealing with lands under 640 acres.
Language in SB 230 would ensure that all Alaskans have proper
representation by their elected officials.
Number 420
Under legislative options, Option I deals with Title 38 Land
Classifications by the Division of Lands. Option II would be that
the legislature mandate the Division of Parks and Outdoor
Recreation to obtain legislative approval for restrictions to
traditional recreational use in lands that have come to them
through the transfer process called Interagency Land Management
Agreement (ILMA).
Option III would be to put language into Title 41 under Parks that
would implement legislative oversight on the Division of Parks and
we could also go back and make a change to Title 38.
SENATOR PEARCE explained that a fully integrated concession is
developing in Denali Park and the Division of Parks is trying to
close certain areas around the proposed hotel with new regulations
in an effort to stop parts of the development and to restrict what
may be a future problem. The reasons for the restrictions are that
numerous eco-tourism businesses and conservation organizations
favor the restrictions. In opposition to the proposal are
businesses like ERA helicopters and Princess Tours (to the
helicopter prohibition). Groups like the Alaska Air Carriers
Association and the Alaska Visitors Association also oppose the
aircraft restrictions. She said that when the Division writes
regulations it is biased toward closing areas. The approximately
360 acres south of Blair Lake is territory that is being
transferred through an ILMA.
SENATOR PEARCE said in areas that have been set aside as parks
lately there have been very strict instructions about what they can
do to prohibit access to an area. She commended the Division of
Parks for going ahead and doing a concession so there can be a
hotel, but she thought they were going too far when they closed off
Curry Ridge, which has been traditionally used for access by people
who have lived in the State.
SENATOR PEARCE noted that there hadn't been any restrictions put on
lands during the last Administration, but they do expect a number
of them in this Administration. She thanked everyone who helped on
this bill and said she was willing to work with the Committee and
all interested parties about which title the bill would be in and
which direction to go.
Number 351
CHUCK JOHNSON, President, Era Aviation Inc, said the federal
government continues to restrict public access to our parks which
by definition are large tracts of rural land kept in their rural
state for recreational visitors. Without access visitors cannot
enjoy the activities available within the boundaries of the parks.
There are few road accesses and visitors must be physically fit
enough to hike in or use other forms of transportation such as
boats, airplanes, snow machines, etc.
MR. JOHNSON said that the DNR proposal to prohibit helicopter
landings is mostly because of a perceived noise issue. They have
found that most restrictions to aircraft access have been
implemented without consideration of the scientific study process,
but are based on emotional argument by well-orchestrated special
interest groups. He noted that they had just been allowed to renew
their glacier landing permit and the U.S. Forest Service determined
that noise was a non-problem.
Placing the responsibility for limiting access to public land in
the legislature where the voting public must be answered appears to
be in the public interest.
In addition, MR. JOHNSON said, present commercial regulations
already restrict commercial access to public lands. As a
commercial aircraft operator, they must obtain commercial use
permits prior to landing.
Number 295
RON SWANSON, Deputy Director, Division of Lands, said this
legislation is way too broad. It seems to apply Title 41 concerns
to Title 38. The vast majority of ILMA's have been issued to the
Department of Transportation for a wide variety of things from
materials sites to airports and to the Department of Education for
schools. He thought it was proper for them to report restrictions
they do for any kind of access to the legislature.
He noted that the recreational rivers issue was before the
legislature for two years and no action was taken. Regulations
were adopted and there were some motorized restrictions, most
notable being on the Susitna River. He thought that the
legislature should review restrictions, but taking a shot at Title
38 would open up a can of worms much larger than they would want to
deal with.
SENATOR TAYLOR said it looked like DNR transferred to the Division
of Parks lands that they intend to lock up. He asked if they were
aware of that intent when it was transferred. MR. SWANSON replied
that he was not aware of it, but that the Division of Parks also
goes through a public process.
SENATOR TAYLOR asked now that it has occurred, was he intending to
revoke the ILMA? MR. SWANSON replied that they didn't plan to.
JIM STRATTON, Director, Division of Parks and Outdoor Recreation,
said he had been working with Senate staff to focus the intent of
this legislation on ILMAs where Division of Parks has restricted
traditional recreational access for intrinsic value.
Historically, ILMAs have been used since the park system was
created in 1970 to provide for camp grounds, trail heads, boat
launch facilities, and picnic areas throughout the State. These
are developed recreational sites, primarily on the road system that
provide the economic base for many road system communities. Many
of the original ILMAs came as federal 507 lands, recreational lands
managed by the federal government transferred to the State so long
as recreational use of that land continued. They have received
other ILMAs from general State land through transfers from the
Division of Lands.
Since 1970 the Division of Parks has received 95 ILMA's for a total
of 9,258 acres; these acres were reserved primarily for developed
recreational facilities that require them to restrict vehicular
access other than on road ways or in parking lots as set forth in
11.AAC.12.020. In many areas the closures do not impact any
existing recreational access where the access was determined to be
a public safety hazard for the purpose for which the land was
selected. In all areas access is not denied to adjacent land
owners or inholders that have no other reasonable means of
accessing their property. In the 1989 revision of the Denali State
Park Master Plan, which went through two years of public
involvement, ILMAs were used to address areas on the edge of the
park for management purposes. Division of Parks didn't have any
developed recreational sites for those areas. They chose to close
Blair Lake to aircraft use.
MR. STRATTON said they seldom close lands on ILMAs to traditional
recreational access for intrinsic reasons. When they do, the
legislature should review their decision. He suggested that
Division of Parks provide a written report to the legislature at
the beginning of each session that lists those ILMAs they have
chosen to restrict traditional recreational access to protect
intrinsic values. If the legislature disagrees with their decision
they should have a specific period of time, 60 - 90 days, in which
to disallow their action.
Number 180
SENATOR LEMAN asked which access is allowed when land is received
through an ILMA. MR. STRATTON replied that when land is
transferred to the Division of Parks it is under Title 41 and when
they receive land under Title 41, all vehicular access other than
those on roadways or parking areas is restricted. If there is an
existing access that needs to be addressed and it's compatible with
the uses for which they received the ILMA, then they promulgate
regulations to open those areas for that recreational use.
SENATOR LEMAN asked under his proposal for legislative
disallowance, would some of the restriction take place before the
legislature had a chance to review it or would they delay the
implementation of it until their review. MR. STRATTON replied that
under existing rules in Title 41, it would come in as restricted.
SENATOR TAYLOR asked him what intrinsic values motivated them to
close Blair Lake, Bunch Lake, Curry Ridge, and Kasugi Ridge. MR.
STRATTON replied that one of the unfinished pieces of business that
was handed him when he took his office was to promulgate
regulations that would implement the Denali Master Plan that was
revised in 1989. That master plan called for the closure of Kasugi
and Curry Ridge to aircraft use. This plan was adopted by the
Department after two years of public involvement. The ILMA was put
in for Blair Lake as a result of the master plan. Closing Blair
Lake is consistent with other regulations made for adjacent land.
Number 133
NOEL WOODS, Matanuska Valley Sportsmen, said they have 400 members
and they enthusiastically support the sponsor statement and
recommend that the Committee pass SB 230.
ROY BURKHART, Legislative Affairs Officer, Alaska Boating
Association, supported SB 230 for a lot of reasons. He didn't
think any bureaucrat should have the power to restrict access to
the tourist industry or to the residents of the State. He thought
the only reason to have a restriction is for special interest
groups.
Number 82
STEVE MORGHEIM, Alaska Marine Dealers Association, said their
association is composed of 70 firms and employs about 340
employees, have $7 million in payroll and does about $40 million in
retail sales every year. He said it is more difficult for their
dealers to do business when there are more and more concerns about
river restrictions. He supported the sponsor statement and SB 230.
MR. MORGHEIM suggested adding the words "motorized and non-
motorized" in front of the word "boating." Where it says "The
Commissioner may not classify State lands," he suggested including
"or manage." He also wanted to add "trucks, pickups, and RV's" in
section 2, because these vehicles are prime movers in getting boats
into lands.
TAPE 14, SIDE A
Number 001
SENATOR TAYLOR asked Mr. Stratton to explain page 72 of the Denali
Master Plan where it says "protect public access between the park
and the lake." MR. STRATTON said he didn't have a copy of the
Master Plan with him, but would get back to him with that answer.
JANA LITTLEWOOD, Vice President, Anchorage Snowmobile Club, said
they have 700 members. They were originally formed as a social
family-oriented club and now they have a constant battle retaining
access to the lands where they ride. The definition of public
lands is for everyone's enjoyment. They think the park lands under
Title 41 should be included in SB 230. She urged the legislature
to authorize funding for the update and revision of the Chugach
State Park Master Plan which was last updated in 1985. The Plan
requires detailed notice to the public of the time table for
completion as well how the entire program would be managed. She
encouraged the legislature to reserve the final right of approval
on all park master plans to bring some acceptability back into the
public lands management process.
RANDY CROSBY said in Title 41 parks are set aside to basically
eliminate some incompatible user groups such as the timber and
mining industries and things they wouldn't want in areas they want
for viewing and recreation. Title 41 says that parks are to be
managed in the citizens' best interests while protecting the
resources. He thought Blair Lake was a perfect example of this not
happening. The folks who access Blair Lake by aircraft have been
in Alaska a long time, they make their living up here; and in some
cases have been using the land longer than the State has been a
state. He didn't think restricting Blair Lake to aircraft was a
good idea.
Number 165
KEN RIVARD, Alaska Airman's Association, strongly supported SB 230.
He suggested including the commissioner of ADF&G along with the
commissioner of DNR, because there are motorized restrictions in
hunting regulations, too. His concern was specifically with float
plane landing areas, Title 41.23.400, 11.AAC.09.010. The
definition is extremely broad and ambiguous.
Number 177
LEONARD HAIRE, President, Mat-Su Chapter Alaska Boaters
Association, said they supported SB 230 and he would like to
testify when the Committee has more time. His Association has
about 500 members.
GEORGE PIASKOWSKI, President, Alaska Boating Association, said he
has 600 members. He agreed in the interests of time to fax his
statement to the committee.
CLIFF EAMES, Alaska Center for the Environment, opposed SB 230. He
thought the legislature would be getting into a level of detailed
management that just isn't efficient. The existing planning and
classification procedures which involve a great deal of public
participation are adequate. They are also afraid that this bill
would make it more difficult to redress the existing imbalance
between the vast majority of our public domain lands which are open
to virtually unregulated motorized use as opposed to those tiny
areas that have been set aside for quiet purposes.
He said there are many areas for snowmachine use and their goal is
to provide some opportunities for Alaskans and visitors, many who
want to escape urban noise. We are doing a terrible job at the
present time on our State lands at providing those opportunities.
It's ironic, he said, that this bill addresses so-called
traditional motorized uses. Using skis and snow shoes, hiking
boots and canoes is far more traditional than the motorized
recreational uses which are very recent.
MR. EAMES explained that certain types of motorized access that
conflict with other types of access are being restricted in just a
handful of places. It is not a denial of access; there are still
ways to get into these areas.
MR. EAMES said that they disagree with the comment regarding
"perceived" noise issue with helicopters. It may be with certain
resources helicopters are not a problem, but a lot of people on the
ground think that helicopter noise is a conflict. Helicopter
landing proposals have been extremely controversial in southcentral
Alaska.
Number 296
KEN BAEHR, an Anchorage snowmobile dealer, supported SB 230. He
said the snowmobile industry directly contributes about $100
million annually to the Alaskan economy. The snowmachine industry
is changing dramatically; it helps people who are no longer
physically able to hike into public parks. Access includes
increased winter tourism which is one of the goals of the Alaska
legislature in diversifying the economy.
We need to remember there are many villages and towns within the
State where the only access is by snowmachine. He noted that there
is only one area available to snowmachines in the Chugach State
Park.
Number 323
CARL PORTMAN, Communications Director, Resource Development
Council, supported the intent of SB 230. Over 60 percent of the
State is in federal ownership and much of the land is managed with
a wilderness emphasis for those who demand solitude. Our parks can
be a contributor to our future economy, but only if there is access
for the public and visitors. We need to encourage access so Alaska
can continue to compete with other national and international
tourist destinations. They believe these decisions need to be made
at the legislative level.
MR. STRATTON responded to Senator Taylor's question on page 72 of
the Denali Master Plan by stating that the public access that was
being protected was the strip of land between Blair Lake and the
Park so the Division of Land wouldn't go in and put it up for
disposal that would deny access. It doesn't speak to access on the
Lake itself.
ROD ARNO, President, Alaska Outdoor Council, said they represent
over 10,000 Alaskans. They supported SB 230 and Senator Pearce's
sponsor statement. His concerns are in the future when primary
tourism zones are being considered for closures to access, because
they represent a favored economic activity, that instead of
Princess Tours and the AVA deciding which are the primary tourism
zones that the public process be brought into the decision. The
user groups who live in Alaska should have some input before public
access is closed.
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