03/01/2024 01:00 PM House RESOURCES

                    SSCR11-DISAPPROVE EO 134                                                                                
                                                                                                                                
1:30:53 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY  announced that the  next order of business  would be                                                               
SENATE  SPECIAL   CONCURRENT  RESOLUTION  NO.   11,  Disapproving                                                               
Executive Order No. 134.                                                                                                        
                                                                                                                                
1:31:32 PM                                                                                                                    
                                                                                                                                
BRENT  GOODRUM,   Deputy  Commissioner,  Department   of  Natural                                                               
Resources,  gave a  PowerPoint presentation,  entitled "Executive                                                               
Order  134: Eliminating  the Recreation  Rivers Advisory  Board,"                                                               
dated 3/1/24  [hard copy included  in the committee packet].   He                                                               
began  on  slide 2,  "Susitna  Basin  Recreation Rivers  Advisory                                                               
Board," which read as follows [original punctuation provided]:                                                                  
                                                                                                                                
          Created by Recreation Rivers Act of 1988 (AS                                                                          
     41.23.400-510):                                                                                                            
             The  primary purpose  of  the  Act is  for  the                                                                    
          establishment   of   the  six   recreation   river                                                                    
          corridors  for their  maintenance and  enhancement                                                                    
          of  fish and  wildlife  population for  recreation                                                                    
          and   economic    use   ensuring    multiple   use                                                                    
          management.                                                                                                           
             Established   a  Governor-appointed,  13-member                                                                    
          advisory board representing:                                                                                          
          (1) commercial fishing;                                                                                               
          (2) sport fishing;                                                                                                    
          (3) sport hunting;                                                                                                    
          (4) conservation;                                                                                                     
          (5) subsistence                                                                                                       
          (6) forest products;                                                                                                  
          (7) mining;                                                                                                           
          (8) powerboat users;                                                                                                  
          (9)   recreationally-oriented  commercial   users;                                                                    
          (10) other recreational users;                                                                                        
          (11)   private   property    owners   within   the                                                                    
          recreation river corridors;                                                                                           
          (12)   the   Matanuska-Susitna  Borough   Planning                                                                    
          Commission  from the  membership  of the  planning                                                                    
          commission; and                                                                                                       
          13) the mayor of  the Matanuska-Susitna Borough or                                                                    
          the designee of the mayor                                                                                             
                                                                                                                                
MR.  GOODRUM  continued  to side  3,  "Susitna  Basin  Recreation                                                               
Rivers  Advisory   Board,"  which   read  as   follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     • Requires DNR write a management plan                                                                                     
            Original Management Plan adopted in 1991                                                                            
     • Plan establishes management guidelines                                                                                   
             Manage  activities  consistent  with  statutory                                                                    
          purposes                                                                                                              
             Protect fish,  wildlife, and  the river's  free                                                                    
          flow                                                                                                                  
             Identify special  recreation values  and manage                                                                    
          intensity and types of recreational use                                                                               
            Designate management  guidelines for development                                                                    
          activities                                                                                                            
            Designate  management guidelines  for commercial                                                                    
          recreation activities or development                                                                                  
              Provide   for   transportation   and   utility                                                                    
         corridors, public safety, and law enforcement                                                                          
            Provide for reasonable access                                                                                       
             Establish  criteria  and  timelines  to  review                                                                    
          future  proposed uses  for  compatibility with  AS                                                                    
          41.23.400                                                                                                             
                                                                                                                                
1:34:05 PM                                                                                                                    
                                                                                                                                
MR.   GOODRUM    advanced   to    slide   4,    "Advisory   Board                                                               
Responsibilities,"  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     The Board assists in preparing, adopting, and revising                                                                     
     the  recreation river  management plan  and regulations                                                                    
     affecting use and management of the recreation rivers.                                                                     
                                                                                                                                
MR.  GOODRUM noted  that there  have been  19 meetings  scheduled                                                               
since  the  board's  reconstitution  in 2021.    Quorum  was  not                                                               
obtained for  4 of the 19  meetings.  The next  scheduled meeting                                                               
of  the advisory  board is  March 13,  2024, as  a proposed  work                                                               
session to review public comments  submitted on the public review                                                               
draft of the proposed plan.                                                                                                     
                                                                                                                                
1:34:28 PM                                                                                                                    
                                                                                                                                
MR. GOODRUM proceeded to slide 5, "Executive Order 134," which                                                                  
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     WHAT:                                                                                                                      
     • Sunsets the advisory  council; transfer the functions                                                                    
     and  duties  of  the Susitna  Basin  Recreation  Rivers                                                                    
     Advisory Board to DNR                                                                                                      
                                                                                                                                
     WHY:                                                                                                                       
     • Creates  efficiency and  establishes single  point of                                                                    
     contact for management                                                                                                     
     • Eliminates duplication within state government                                                                           
     •    Resulting    in    increased    performance    and                                                                    
     accountability                                                                                                             
                                                                                                                                
     FUTURE:                                                                                                                    
     • Any  changes to  the Susitna Basin  Recreation Rivers                                                                    
     management  plan  must  already  go  through  a  robust                                                                    
     public   process   in    consultation   with   affected                                                                    
     municipalities, state  agencies, and  stakeholders that                                                                    
     requires  public notice,  public  comment periods,  and                                                                    
     meetings in the affected communities                                                                                       
                                                                                                                                
1:35:13 PM                                                                                                                    
                                                                                                                                
MR. GOODRUM concluded the presentation on slide 6 with a                                                                        
sectional analysis, which read as follows [original punctuation                                                                 
provided]:                                                                                                                      
                                                                                                                                
     Sec. 1, Page 1                                                                                                             
     Adds a new section to  the uncodified law providing the                                                                    
     governor's findings  that it  is in the  best interests                                                                    
     of efficient  administration to transfer  the functions                                                                    
     of  the   Recreation  Rivers  Advisory  Board   to  the                                                                    
     Department of  Natural Resources, and to  eliminate the                                                                    
     board as it is no longer needed                                                                                            
                                                                                                                                
     Sec. 2, Page 1                                                                                                             
     Amends  AS 41.23.440(a)  (relating to  management plans                                                                    
     for  recreation rivers  and  corridors)  to delete  the                                                                    
     reference to  the advisory board. The  DNR commissioner                                                                    
     would no longer  be required to consult  with the board                                                                    
     when preparing  or revising a management  plan for each                                                                    
     of the  six recreation rivers and  their corridors. The                                                                    
     commissioner  and  each   affected  municipality  would                                                                    
     still  be required  to consult  with  public and  state                                                                    
     agencies                                                                                                                   
                                                                                                                                
     Sec. 3, Page 2                                                                                                             
     Repeals AS 41.23.430 which established the Recreation                                                                      
     Rivers Advisory Board                                                                                                      
                                                                                                                                
     Sec. 4, Page 2                                                                                                             
      Adds a new section to the uncodified law to provide                                                                       
       guidelines for the transition period that would be                                                                       
     required by this executive order                                                                                           
                                                                                                                                
     Sec. 5, Page 3                                                                                                             
     Effective date of July 1, 2024                                                                                             
                                                                                                                                
1:36:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ARMSTRONG  asked  Mr.  Goodrum  to  elaborate  on                                                               
inefficiencies, detail the meaning  of "performance", and explain                                                               
how these measures would increase accountability.                                                                               
                                                                                                                                
MR. GOODRUM replied  that the department does a  vast majority of                                                               
the board's work  already.  He cited an inability  to meet quorum                                                               
as contributing to the department's frustration.                                                                                
                                                                                                                                
1:39:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  recalled that the board  was reconstituted                                                               
in  2021.    He  asked  Mr.   Goodrum  to  comment  on  the  "new                                                               
[management] plan."                                                                                                             
                                                                                                                                
MR.  GOODRUM confirmed  that the  board was  in name  only for  a                                                               
number  of decades.   He  said a  new or  updated version  of the                                                               
management plan would likely be finalized and adopted.                                                                          
                                                                                                                                
1:41:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked what  issues would be  addressed by                                                               
the management plan.                                                                                                            
                                                                                                                                
MR. GOODRUM referred  back to slides 2 and 3,  which outlined the                                                               
board's interests and management guidelines.                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked whether there are  other geological                                                               
groups  of rivers  similar to  the  Recreational Rivers  Advisory                                                               
Report on Susitna.                                                                                                              
                                                                                                                                
MR.  GOODRUM  responded  that  to his  knowledge,  there  is  not                                                               
another  grouping   of  recreational  rivers  within   the  state                                                               
containing  several  different  water bodies  being  managed  for                                                               
special purposes.                                                                                                               
                                                                                                                                
1:43:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  expressed interest in the  management plan                                                               
proposed by the board, which  he characterized as restrictive and                                                               
catering to special interests.   He shared his understanding that                                                               
the Susitna  Basin Rivers would  be put  in the same  category as                                                               
the boundary  waters canoe  area with  no motorized  vehicles and                                                               
limited camping.  He asked how that would best serve Alaskans.                                                                  
                                                                                                                                
MR.  GOODRUM declined  to  speak  on behalf  of  the  board.   He                                                               
surmised that  in the 1990s,  the board may have  anticipated the                                                               
best use of  these areas with strong interests  in commercial and                                                               
sport  fishing.   He  reiterated  that  ultimately, the  advisory                                                               
board puts  forth recommendations,  adding that  the commissioner                                                               
decides whether to adopt them.                                                                                                  
                                                                                                                                
REPRESENTATIVE MCCABE  reiterated that the plan  is significantly                                                               
more  extensive and  restrictive to  Alaskans' recreational  use.                                                               
He  recalled  that the  governor  "was  forced" to  remove  board                                                               
members in  the past and asked  whether the board had  become too                                                               
politicized.                                                                                                                    
                                                                                                                                
MR. GOODRUM  shared his  belief that DNR  feels capable  of doing                                                               
the planning on its own.                                                                                                        
                                                                                                                                
1:47:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked whether  current laws are sufficient                                                               
to  maintain the  health of  the wild  recreational resources  in                                                               
these rivers.                                                                                                                   
                                                                                                                                
MR. GOODRUM answered yes.                                                                                                       
                                                                                                                                
[SSCR 11 was held over.]