Legislature(2011 - 2012)BARNES 124

04/12/2012 08:30 AM House COMMUNITY & REGIONAL AFFAIRS


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08:34:18 AM Start
08:34:35 AM SB159
09:43:18 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change --
+= SB 159 SUSITNA STATE FOREST/TONGASS FOREST TELECONFERENCED
Moved Out of Committee
           SB 159-SUSITNA STATE FOREST/TONGASS FOREST                                                                       
                                                                                                                                
8:34:35 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ  announced that the  only order of business  would be                                                               
CS  FOR  SENATE  BILL  NO. 159(RES),  "An  Act  establishing  the                                                               
Susitna State Forest; urging the  Governor to acquire forest land                                                               
that is currently  in the Tongass National  Forest; and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
8:34:44 AM                                                                                                                    
                                                                                                                                
SENATOR  LINDA MENARD,  Alaska  State  Legislature, reminded  the                                                               
committee  that SB 159  establishes the  Susitna State  Forest on                                                               
763,200 acres  of state  land in  the Mat-Su  Borough.   The land                                                               
will be managed for a sustainable  yield of timber and the forest                                                               
will  be  open  to  multiple uses  including  hunting,  trapping,                                                               
mining,  fishing, mushing,  and etcetera.   She  further reminded                                                               
the  committee of  the  last hearing  of SB  159  when there  was                                                               
testimony  in support  of  SB 159  from  the Alaska  Professional                                                               
Hunters Association,  foresters, and  mill owners.   Furthermore,                                                               
Chris Maisch, the director of  the Division of Forestry, provided                                                               
a  presentation  and answered  the  committee's  questions.   Mr.                                                               
Maisch, she noted, has also  sent the committee a memo addressing                                                               
the  questions  regarding  access  within  the  proposed  forest.                                                               
Senator Menard,  echoing her testimony  at the  previous hearing,                                                               
told the  committee that this  proposed state forest has  been in                                                               
the works for  many years.  The Susitna State  Forest will be the                                                               
fourth  state forest  in Alaska  and residents  and mills  in the                                                               
Mat-Su  Valley will  benefit as  have  other areas  with a  state                                                               
forest.                                                                                                                         
                                                                                                                                
8:36:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA  recalled   testimony  from  the  previous                                                               
hearing regarding  the in-holdings,  and inquired  as to  how the                                                               
three years for future planning will work.                                                                                      
                                                                                                                                
SENATOR MENARD  said that  she has  much faith  and trust  in the                                                               
Division   of  Forestry,   which  intends   to  vet   the  matter                                                               
appropriately.    She opined  that  it's  good  to have  the  in-                                                               
holdings, particularly since  there is no risk  of subdivision or                                                               
tradeoffs.  Furthermore,  the area will remain a  state forest in                                                               
perpetuity.    She  reminded  the  committee  that  the  proposed                                                               
Susitna State Forest would comprise less  than 5 percent of the 9                                                               
million acres of state land in  the Mat-Su Borough.  The proposed                                                               
Susitna  State  Forest proposes  blocks  to  incorporate the  in-                                                               
holdings  in order  to allow  the  owners of  the in-holdings  to                                                               
maintain the lifestyle  to which they've become  accustomed.  The                                                               
owners of  the in-holdings  will also  benefit from  better roads                                                               
and access  as the Division  of Forestry will have  the resources                                                               
to do so.                                                                                                                       
                                                                                                                                
8:39:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  highlighted  the concern  raised  in  an                                                               
email from Mr.  McKimmons (ph) from Craig,  Alaska, regarding the                                                               
lack of  a local  public process addressing  the addition  of the                                                               
Tongass National Forest to this legislation.                                                                                    
                                                                                                                                
SENATOR  MENARD  explained that  the  language  referring to  the                                                               
Tongass  National  Forest was  intent  language  inserted by  the                                                               
Senate Finance Committee  to encourage the governor  to urge that                                                               
the Tongass  National Forest be  opened and reviewed.   She noted                                                               
that there  are hurt  feelings that more  land wasn't  allowed in                                                               
the Tongass National Forest for  harvesting timber for the mills.                                                               
She  characterized  the  intent language  regarding  the  Tongass                                                               
National Forest as a fair insert.                                                                                               
                                                                                                                                
8:41:26 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ  asked if the intent  was to add to  the state forest                                                               
the  land that  was legislated  last  year.    If  so, she  asked                                                               
whether that would  be other state land or whether  the intent is                                                               
to seek application to the federal government.                                                                                  
                                                                                                                                
8:41:54 AM                                                                                                                    
                                                                                                                                
MICHAEL  ROVITO,  Staff,  Senator   Linda  Menard,  Alaska  State                                                               
Legislature, explained that  the intent language was  to get more                                                               
of the Tongass National Forest land  into state hands and make it                                                               
state  land.   He  said  he  didn't  know  what the  Division  of                                                               
Forestry would  have in mind  for incorporation to  the Southeast                                                               
State Forest.   The broad intent,  he specified, was to  get more                                                               
of  the Tongass  National Forest  land under  the purview  of the                                                               
state rather than under federal guidance.                                                                                       
                                                                                                                                
SENATOR MENARD  added that  Alaska is a  very wealthy  state with                                                               
upwards  of $16  billion,  and therefore  this [intent  language]                                                               
merely notices  that the state  has the ability to  purchase land                                                               
from  the federal  government.   She  clarified that  it's not  a                                                               
mandate, but rather awareness.                                                                                                  
                                                                                                                                
8:43:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE AUSTERMAN  pointed out  that the Deshka  and Yetna                                                               
Rivers,  major  systems within  the  Mat-Su  Valley, are  failing                                                               
salmon streams.   He asked if the Division of  Habitat within the                                                               
Alaska Department  of Fish &  Game has testified in  reference to                                                               
issues that  may be  created by  logging operations  around those                                                               
river systems.                                                                                                                  
                                                                                                                                
MR. ROVITO  replied no,  but related  his understanding  that the                                                               
Forest  Practices  Act  includes   provisions  to  address  those                                                               
streams  that would  fall  within  a state  forest.   He  further                                                               
related that  statute already specifies  buffer zones  that would                                                               
protect  streams such  that they  aren't disturbed  by activities                                                               
around the stream.                                                                                                              
                                                                                                                                
REPRESENTATIVE  AUSTERMAN  maintained   concern  that  there  are                                                               
already  failing systems  located  within  this proposed  forest.                                                               
Therefore, he  stressed the need  to address the issue,  which he                                                               
suggested  could  perhaps be  addressed  by  the House  Resources                                                               
Standing Committee.   Representative  Austerman pointed  out that                                                               
sometimes [the failing systems are  the result of] the cumulative                                                               
effect  of  the  rapid  growth  of the  Mat-Su  Valley  on  those                                                               
systems.  Creating a state  forest that allows commercial logging                                                               
in the  same area [where there  are failing systems] adds  to the                                                               
cumulative effect.                                                                                                              
                                                                                                                                
8:45:12 AM                                                                                                                    
                                                                                                                                
CHRIS  MAISCH,  Director/State  Forester, Division  of  Forestry,                                                               
Department of  Natural Resources, stated that  the language about                                                               
public meetings  and intent is  located in  Section 2.   He noted                                                               
that through  administrative order, the governor  has appointed a                                                               
Jobs  & Timbers  Task Force  to discuss  this topic  in Southeast                                                               
Alaska.  The  task force has been meeting around  the state.  All                                                               
of the meetings have been advertised  and are open to the public.                                                               
Over  the last  seven  months the  task force  has  met all  over                                                               
Southeast Alaska, including  Coffman Cove and Ketchikan.   One of                                                               
the  recommendations  from the  task  force  to the  governor  is                                                               
contained in Section 2 of this legislation.                                                                                     
                                                                                                                                
8:47:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA,  drawing from her experience,  opined that                                                               
the community that exists within  this forest will be the example                                                               
for   future  forests   with  in-holdings.     She   related  her                                                               
understanding that  the intent language  speaking to  the Tongass                                                               
National Forest doesn't create anything without further action.                                                                 
                                                                                                                                
MR. MAISCH replied yes, and added  that a lot of process would be                                                               
required prior to  the intent being expressed into  actions.  For                                                               
instance,  if the  state were  to  reopen its  Statehood Act  and                                                               
reprioritize some  of the remaining  selections the state  has to                                                               
receive, federal legislation would be required.                                                                                 
                                                                                                                                
8:48:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA remarked  that it will take  three years to                                                               
address [the  issues that  will arise] with  a state  forest with                                                               
in-holdings  and fish  to protect.    She then  pointed out  that                                                               
having hearings  in Ketchikan isn't  the same as  having hearings                                                               
in Prince  of Wales.   Representative Cissna then  requested that                                                               
Mr.  Maisch map  out how  all the  various parts  of the  perfect                                                               
model [for a state forest] would be addressed.                                                                                  
                                                                                                                                
MR. MAISCH,  referring to Southeast  Alaska, reiterated  that the                                                               
task force did  meet in Coffman Cove, which is  located on Prince                                                               
of Wales Island.  To date, the  task force has only met six times                                                               
and  there  is a  number  that  anyone can  use  to  call into  a                                                               
meeting.   The  concept, he  related, was  to rotate  to as  many                                                               
communities  as possible  in order  to  obtain as  much input  as                                                               
possible.   The task force  expires in July  and is to  provide a                                                               
final report to the governor  regarding the task force's findings                                                               
and recommendations.   With regard  to the Susitna  State Forest,                                                               
he directed  attention to a  map that  shows how portions  of the                                                               
Yetna and  Deshka Rivers flow  in and  out of the  proposed state                                                               
forest.    Alaska's  State  Forest  Practices  Act,  one  of  the                                                               
strongest in  the nation, provides  protection for  fish habitat,                                                               
both  for anadromous  and  high value  resident  fish, and  water                                                               
quality.  Site specific buffers are  left at streams based on the                                                               
characteristics of the stream.   He again directed attention to a                                                               
map,  and  pointed  out  the blue  corridors  that  denote  areas                                                               
previously  set  aside  by  the   legislature  as  important  for                                                               
riparian  habitat and  anadromous fish.   There  are quarter-mile                                                               
buffers on each  side of the stream systems  that were identified                                                               
as important anadromous fish habitat.   Therefore, in addition to                                                               
Alaska's State  Forest Practices Act  there is an extra  layer of                                                               
protection  in place  along these  river  systems.   In terms  of                                                               
other state forests that are  already in place, the importance of                                                               
maintaining  fish   habitat  is   realized.    In   fact,  salmon                                                               
production  has  increased  during  the  time  forest  management                                                               
activities  in Southeast,  Southcentral,  and  the Interior  have                                                               
been in  place.  He  opined that the  record speaks well  for the                                                               
protections  that exist.   With  regard to  the in-holdings,  Mr.                                                               
Maisch  stated that  [in determining  the land  for the  proposed                                                               
state forest]  the main concentrations  of settlement  lands were                                                               
avoided, although there are some  in-holdings within the proposed                                                               
state forest.   A similar situation existed in  the Tanana Valley                                                               
State Forest where there were  in-holdings on some of the rivers.                                                               
A  citizen's advisory  committee in  which citizens  are given  a                                                               
chance  to  interact  with the  Division  of  Forestry  regarding                                                               
management  objectives   and  goals   in  the  forest   has  been                                                               
successful.    For  the  proposed   state  forest  he  envisioned                                                               
allocating  a seat  on the  citizen's advisory  committee to  in-                                                               
holders, such  as a  homeowner's association as  well as  a group                                                               
concerned about  access.  The  citizen's group approach  has been                                                               
successful  in  the  past  for  management  of  the  other  state                                                               
forests; and  furthermore it tiers  up to the Board  of Forestry,                                                               
which has a similar organization.                                                                                               
                                                                                                                                
8:54:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK  recalled flying  over areas of  the proposed                                                               
state forest and seeing bands of  timber along the rivers, but no                                                               
timber about  50 feet  away from  the river.   Chair  Dick opined                                                               
that  he's  having a  difficult  time  picturing  the area  as  a                                                               
forest.                                                                                                                         
                                                                                                                                
MR.  MAISCH   informed  the  committee  that   the  [Division  of                                                               
Forestry] has performed a timber  inventory with detailed mapping                                                               
of the different timber resources in  the area.  Therefore, the 9                                                               
million state-owned  acres have been  narrowed to the  higher and                                                               
more  productive lands  that have  been  classified for  forestry                                                               
use.   In  fact, these  lands  are already  managed for  forestry                                                               
purposes  as  they are  classified  as  such  by the  area  plan,                                                               
although they aren't currently designated  as state forest lands.                                                               
These  lands  are  actually very  productive  forest  lands  that                                                               
consist of  mostly hard woods.   Along the river systems  tend to                                                               
be most  of the conifer species.   He noted that  the inventories                                                               
of  the land  and the  maps of  the timber  stands are  available                                                               
online.  In  further response to Representative  Dick, Mr. Maisch                                                               
agreed to show Representative Dick's staff the link.                                                                            
                                                                                                                                
8:57:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  if  the  in-holdings would  expire                                                               
with the  title holder's  death or would  they be  inheritable or                                                               
transferrable.                                                                                                                  
                                                                                                                                
MR. MAISCH  answered that  the in-holdings  are private  land and                                                               
will always be so; there is no  intent by the state to acquire or                                                               
restrict the use  of that private land.  In  fact, he opined that                                                               
over  time the  in-holdings will  enhance the  access where  it's                                                               
desired [by the  owners of the in-holdings].   The division works                                                               
with  owners of  the in-holdings  to  respect their  wishes.   In                                                               
further   response   to   Representative  Saddler,   Mr.   Maisch                                                               
reiterated that the  state has no intent to  acquire private land                                                               
or consolidate lands.                                                                                                           
                                                                                                                                
8:58:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  posed a scenario  in which SB  159 passed                                                               
and  there  was  an  increase  in timber  harvest.    In  such  a                                                               
situation,  she  inquired as  to  what  proportion would  be  for                                                               
export in the form of round logs versus that used locally.                                                                      
                                                                                                                                
MR.  MAISCH informed  the committee  that currently  there is  no                                                               
round log  export out of Interior  Alaska, including Southcentral                                                               
Alaska.  He  acknowledged that there have been  round log exports                                                               
out of  Interior Alaska  in the  past, but  only during  the very                                                               
best market  conditions.  The  focus of the Division  of Forestry                                                               
is  on local  manufacturing and  high value-added  manufacturing.                                                               
Most of the sale authority  gives the division some advantages to                                                               
use sales mechanisms to use that type  of use.  One case has gone                                                               
to the  Supreme Court regarding  round log export [from  which it                                                               
was  made clear  that]  the  state doesn't  have  the ability  to                                                               
regulate interstate commerce.   Although round log  export off of                                                               
state lands  can't be restricted,  there are mechanisms  in place                                                               
through the  division's sale authorities  and policies  to ensure                                                               
those logs are available for domestic use and manufacture.                                                                      
                                                                                                                                
9:00:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  inquired  as  to the  interface  of  the                                                               
development  impulse  and the  existence  of  the proposed  state                                                               
forest.                                                                                                                         
                                                                                                                                
MR.   MAISCH  clarified   that  once   lands  are   legislatively                                                               
designated,  there is  no ability  to  dispose of  the lands  for                                                               
settlement within  the state forest.   The area  planning process                                                               
for  the area  has identified  settlement  lands as  part of  the                                                               
process.  Therefore, the state  through the Department of Natural                                                               
Resources,  Division  of  Mining,  Land  &  Water  and  the  area                                                               
planning  process maps  the zoning  characteristics of  different                                                               
state land  in the  Mat-Su Valley.   One of  the zoning  items is                                                               
settlement lands, and therefore  the better settlement lands have                                                               
already  been  identified  in  the   planning  process  and  made                                                               
available  for   that  purpose.     Once  the  state   forest  is                                                               
designated, those  lands within  the state  forest are  no longer                                                               
available for  settlement.  However, access  isn't restricted and                                                               
[DNR] has a great track record  in terms of allowing access for a                                                               
variety  of development  uses such  as mining,  oil and  gas, and                                                               
other purposes.                                                                                                                 
                                                                                                                                
9:01:55 AM                                                                                                                    
                                                                                                                                
MR.   MAISCH,   in    response   to   Representative   Austerman,                                                               
acknowledged that an  earlier version of the map  didn't have the                                                               
blue corridors  that signify the legislatively  designated areas.                                                               
He  then told  the committee  that there  are even  more detailed                                                               
maps  that identify  in-holdings in  more detail  and offered  to                                                               
make that map available to the  committee.  He noted that all the                                                               
documents are available on-line.                                                                                                
                                                                                                                                
9:04:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   AUSTERMAN   asked   if  SB   159   legislatively                                                               
designates the areas.                                                                                                           
                                                                                                                                
MR. MAISCH replied  no, and added that the  lands were identified                                                               
back  in the  1990s  prior to  a Forest  Practices  Act for  that                                                               
region of the state.  After  the Alaska Forest Practices Act, the                                                               
region [in  the Mat-Su Valley]  is region 2, Southeast  Alaska is                                                               
region 1,  and Interior Alaska  is region  3.  Those  regions are                                                               
tailored to  the types of forests  and rivers in the  region, and                                                               
therefore  the act  changes region-to-region.   This  legislation                                                               
doesn't impact those established corridors, he noted.                                                                           
                                                                                                                                
9:04:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  AUSTERMAN  announced  that   he  will  be  a  "no                                                               
recommendation" on  the legislation  in terms  of it  moving from                                                               
committee.                                                                                                                      
                                                                                                                                
9:05:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER requested access  to the mining, land, and                                                               
water maps that show the settlement lands.                                                                                      
                                                                                                                                
MR. MAISCH  agreed to  do so,  noting that  it's included  in the                                                               
area plan.                                                                                                                      
                                                                                                                                
9:05:44 AM                                                                                                                    
                                                                                                                                
CHAIR  MUNOZ pointed  out that  the supporting  materials in  the                                                               
committee  packet specify  that  2.1 million  acres is  currently                                                               
managed for  forest and  timber production  in the  Mat-Su Valley                                                               
area.   She  asked if  the  state forest  designation limits  the                                                               
timber activity to the 700,000-plus acres proposed in SB 159.                                                                   
                                                                                                                                
MR.  MAISCH  replied  no,  the  Division  of  Forestry  is  still                                                               
responsible for managing the forest  resources on all state lands                                                               
classified for forestry purposes.                                                                                               
                                                                                                                                
9:06:35 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ  inquired then as  to the  benefit of having  a state                                                               
forest  that prioritizes  timber  harvest versus  lands that  are                                                               
continuing  to  be harvested  but  aren't  located in  the  state                                                               
forest.                                                                                                                         
                                                                                                                                
MR. MAISCH  stated that one  of the most important  advantages is                                                               
the  permanence that  the designation  would provide.   Once  the                                                               
land is legislatively designated as  a state forest, the state is                                                               
committed to manage  the lands in perpetuity  for sustained yield                                                               
of the  timber resource.   The  aforementioned is  very important                                                               
for the  industry in terms of  being able to plan  and make long-                                                               
term investments.   Another important advantage  is investment in                                                               
infrastructure.  He  informed the committee that  the Division of                                                               
Forestry budget includes  discretionary funds for infrastructure,                                                               
reforestation,  and road  and bridge  construction.   Mr.  Maisch                                                               
said that he  would be willing to make those  investments in land                                                               
designated as  state forest land  because that investment  can be                                                               
retained for the  future whereas investment in  a classified land                                                               
that is  general ownership could be  lost in the future  when the                                                               
area  plan   is  updated  and  the   classification  is  changed.                                                               
Therefore,  it's  important  to  have  anchor  forests  close  to                                                               
communities to provide easy access for timber and recreation.                                                                   
                                                                                                                                
9:08:21 AM                                                                                                                    
                                                                                                                                
CHAIR  MUNOZ  asked  if  the  existing  rights-of-way  have  been                                                               
identified for  the R.S. 2477s  and will DNR continue  to protect                                                               
the state's rights to those R.S. 2477s.                                                                                         
                                                                                                                                
MR  MAISCH answered  yes, specifying  that all  the rights-of-way                                                               
for the R.S.  2477s have been identified through  the Division of                                                               
Mining,  Land, and  Water.   There will  be no  changes to  those                                                               
rights-of-way  and  the intent  is  to  protect them  for  future                                                               
access and development.                                                                                                         
                                                                                                                                
9:08:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  inquired as to how  fire management would                                                               
occur under a state forest designation.                                                                                         
                                                                                                                                
MR. MAISCH responded  that initially there would be  no change to                                                               
the type  of firefighting activity  on these lands.   He reminded                                                               
the  committee that  there is  a statewide  management plan  that                                                               
identifies three  levels of  protection for  lands in  the state.                                                               
The plan  is in place and  active regardless of whether  the land                                                               
is designated as a state forest  or not.  However, if these lands                                                               
are  designated [as  a  state  forest], over  time  there may  be                                                               
higher  levels of  protection afforded  places  that have  active                                                               
timber  sales  occurring or  pending.    In further  response  to                                                               
Representative   Saddler,  Mr.   Maisch   opined  that   although                                                               
initially  [a   state  forest  designation]  wouldn't   make  any                                                               
difference, as access  to these [proposed state  forest] lands is                                                               
developed  it   would  help  the   initial  response   to  fires.                                                               
Furthermore, over  time the management  of the state  forest land                                                               
will help manage high risk  fuel types, especially those close to                                                               
communities.  He  informed the committee that  the division would                                                               
go through  the Community Wildfire  Protection Plan  process that                                                               
identifies human  habitation and  human improvements  in relation                                                               
to high risk fuel types.   The process includes activities in the                                                               
high  risk  fuel  types  to  help reduce  the  risk  and  provide                                                               
additional protection to these communities.                                                                                     
                                                                                                                                
9:10:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  maintained   concern  about  the  public                                                               
process for  the proposed  Susitna State  Forest and  the Tongass                                                               
National Forest.   Therefore, she  requested data  that specified                                                               
the  number of  meetings held,  mail  out lists,  and agendas  in                                                               
order to  be sure that  those who  are most directly  impacted in                                                               
both regions had  the opportunity to actively  participate in the                                                               
discussion.                                                                                                                     
                                                                                                                                
MR. MAISCH  directed attention to the  document entitled "Summary                                                               
of area  plan and  other agency public  processes related  to the                                                               
proposed Susitna  State Forest  [4/9/12]" that  has been  used to                                                               
date.  The current process began  in 2008.  Mr. Maisch said there                                                               
has been  an extensive  public process  during which  hundreds of                                                               
people have  attended the various  public meetings in  the Mat-Su                                                               
Valley.  This is part of  the area planning process, during which                                                               
the concept  of having  state forests has  been discussed  at all                                                               
the area planning process meetings  as those lands are classified                                                               
for forestry use  and because that's the first step.   In further                                                               
response to Representative Gardner,  Mr. Maisch agreed to provide                                                               
the committee with  the meeting dates, locations,  and agenda for                                                               
the task  force for the Tongass  National Forest.  He  noted that                                                               
all of  the meetings were  advertised through the  meeting notice                                                               
process the state uses.                                                                                                         
                                                                                                                                
9:13:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  expressed the  need to ensure  forests are                                                               
safeguarded in the  face of the ever  expanding human population.                                                               
She then surmised that Mr.  Maisch is dealing with sustainability                                                               
and ensuring that the state has a  resource that it can go to and                                                               
develop as a business in the future.                                                                                            
                                                                                                                                
MR.  MAISCH responded  yes.   He  then related  that  one of  the                                                               
biggest  issues   for  his  colleagues   around  the   nation  is                                                               
urbanization  and parcelization  of forest  lands to  smaller and                                                               
smaller  parcels  of  property.   The  aforementioned  is  now  a                                                               
problem north  of Anchorage.   Therefore, one of the  key reasons                                                               
the Susitna  State Forest has  been proposed is to  retain larger                                                               
blocks  of land  in public  ownership that  have a  multiple use,                                                               
sustained  yield  mandate  on  how  they will  be  managed.    He                                                               
reminded the  committee that a  state forest classification  is a                                                               
more general  classification that  allows many  types of  uses to                                                               
which Alaskans are accustomed.   Another reason the Susitna State                                                               
Forest has been  proposed is to help provide  a sustainable yield                                                               
of  timber for  personal  use, which  would  help address  energy                                                               
issues and provide a raw material for the industry.                                                                             
                                                                                                                                
9:16:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  inquired as  to the  difference consumers                                                               
would experience when  cutting fire wood on state  forest land as                                                               
opposed to its current classification and management scheme.                                                                    
                                                                                                                                
MR. MAISCH  answered that there would  be no change.   The permit                                                               
that  is required  to harvest  timber on  general state  land for                                                               
personal would  still be  required for state  forest lands.   The                                                               
only difference one  might observe on state forest  lands is that                                                               
the division  might plow and  grade roads on occasion  because it                                                               
has a road maintenance budget  for state forest land.  Therefore,                                                               
people might enjoy  better access to the personal  use program in                                                               
a state forest versus general use state lands.                                                                                  
                                                                                                                                
9:16:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER inquired as  to the type of transportation                                                               
facilities  and  roads  that  would be  [in  the  proposed  state                                                               
forest].                                                                                                                        
                                                                                                                                
MR. MAISCH specified that would  be part of the planning process.                                                               
He noted that there are some  road systems that have already been                                                               
developed  in the  proposed state  forest as  part of  the timber                                                               
management process.  For example,  the Zero Lake and Willard Cash                                                               
road systems have been developed  and significantly upgraded over                                                               
time.   The  aforementioned  is accomplished  through the  timber                                                               
sale program.  Commercial purchases  of timber are required to do                                                               
road maintenance as well as  road and bridge construction as part                                                               
of  the purchase  of that  timber.   The division  does the  fair                                                               
market appraisal of those  infrastructure investments and deducts                                                               
it from the appraisal of the  timber.  Therefore, it's one way in                                                               
which the state benefits from infrastructure development.                                                                       
                                                                                                                                
9:18:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  inquired as to who  compiled the document                                                               
entitled "Summary of area plan  and other agency public processes                                                               
related to the proposed Susitna State Forest [4/9/12]."                                                                         
                                                                                                                                
MR. MAISCH said that his  forest planner, Jim Schwarber, compiled                                                               
the document.                                                                                                                   
                                                                                                                                
9:18:54 AM                                                                                                                    
                                                                                                                                
BUCK LINDEKUGAL,  Southeast Alaska Conservation  Council (SEACC),                                                               
began  by stating  that  on  behalf of  SEACC  members he  voiced                                                               
surprise,  disappointment,  and  dismay  over  the  inclusion  of                                                               
Section 2 in  [CSSB 159(RES)].  Without warning and  no effort to                                                               
inform  impacted  communities,  Alaska   Native  tribes,  or  the                                                               
public, SB  159 was  amended to call  for substantial  changes in                                                               
the ownership  of the  Tongass National  Forest.   Mr. Lindekugal                                                               
called  on  the House  Community  and  Regional Affairs  Standing                                                               
Committee to reject Section 2 of  [CSSB 159(RES)] and insist on a                                                               
fair and  full public discussion of  this controversial provision                                                               
that would  substantially change the ownership  and management of                                                               
the Tongass National Forest.   He emphasized that how the Tongass                                                               
National Forest is  managed is very important to  those living in                                                               
it  and depending  on its  resources.   Mr. Lindekugal  indicated                                                               
that  SEACC  is working  with  a  host  of  partners to  build  a                                                               
diverse, stable, and  sustainable economy in the region.   It's a                                                               
future that  ensures the  region's watersheds,  community hunting                                                               
and  fishing   areas,  important   Native  lands,   etcetera  are                                                               
protected  for future  generations.    Therefore, SEACC  requests                                                               
that the  committee table  this legislation  or delete  Section 2                                                               
from it.                                                                                                                        
                                                                                                                                
9:21:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA inquired as to when Section 2 was added.                                                                  
                                                                                                                                
CHAIR  MUNOZ  stated that  Section  2  was  added in  the  Senate                                                               
Resources Standing Committee.                                                                                                   
                                                                                                                                
REPRESENTATIVE   CISSNA  related   her  understanding   that  Mr.                                                               
Lindekugal is saying  that the community process  didn't occur in                                                               
Southeast.   However,  Section  2 merely  urges  the governor  to                                                               
negotiate and doesn't really make it  happen.  She then asked the                                                               
sponsor whether  Section 2  is a  deal breaker.   She  also asked                                                               
whether amending the language of  Section 2 would address SEACC's                                                               
concerns.                                                                                                                       
                                                                                                                                
MR. LINDEKUGAL said he wouldn't  equate the governor's task force                                                               
process in  Southeast Alaska  with a broad  open public  forum in                                                               
which all  stakeholders have a  say.   He related that  SEACC has                                                               
been around and involved with  management of the Tongass National                                                               
Forest  for  41   years  and  there  are  always   issues.    The                                                               
organization tries  to be responsive  to changing  conditions and                                                               
needs, the  forum for  which is provided  by the  forest planning                                                               
process  on the  national level.    In contrast,  the task  force                                                               
isn't as  inclusive and seems  to stick  to the old  timber first                                                               
paradigm from settler's  days rather than looking  forward to the                                                               
long-term needs of the region and  the world in terms of having a                                                               
sustainable economy.  Mr. Lindekugal  acknowledged that Section 2                                                               
is  intent   language  and  doesn't  substantively   require  the                                                               
governor to submit  legislation to the legislature,  it urges him                                                               
to  do  so.    Although  the legal  effect  of  Section  2  isn't                                                               
immediate, when the legislature  makes a statement people listen.                                                               
The SEACC doesn't believe that  the statement regarding obtaining                                                               
more forest  land from the  Tongass National Forest for  a timber                                                               
first priority  is appropriate.   He reminded the  committee that                                                               
over the last  two sessions, the Southeast state  forest bill was                                                               
created and then  expanded.  Those in the area  are still waiting                                                               
to see if the promises of  state forest management on those lands                                                               
will prove up  and be comparable to the  opportunities on federal                                                               
lands.                                                                                                                          
                                                                                                                                
9:28:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  inquired as  to Mr.  Lindekugal's opinion                                                               
of Section 1 of [CSSB 159(RES)].                                                                                                
                                                                                                                                
MR. LINDEKUGAL said SEACC doesn't  have any objections to Section                                                               
1 regarding  the creation of the  Susitna State Forest.   He then                                                               
directed attention  to the letter  from the Organized  Village of                                                               
Kake dated  April 11, 2012,  which expresses concerns  with state                                                               
management  of their  homeland  because of  the  state's lack  of                                                               
government-to-government relations with tribes in Alaska.                                                                       
                                                                                                                                
9:29:48 AM                                                                                                                    
                                                                                                                                
EDDIE  GRASSER,  Lobbyist,  Safari  Club  International  (SCI)  -                                                               
Alaska, stated  that the sponsor  should have a letter  from SCI-                                                               
Alaska in support  of this legislation.  He  recalled working for                                                               
Representative Larson  in 1986  when the  six rivers/recreational                                                               
rivers legislation  was passed.   Therefore, the  river corridors                                                               
referenced by Mr. Maisch have been  in existence for a long time.                                                               
The goal  was to protect those  waterways for fish as  well as to                                                               
protect access  for fishing.   With regard  to the  concerns with                                                               
the public  process, Mr. Grasser  informed the committee  that he                                                               
was  born and  raised in  Palmer  where he  participated in  many                                                               
public hearings on  the Susitna area plan that  he recalled began                                                               
in  the  early  1980s.   Therefore,  there  have  been  extensive                                                               
hearings on this matter.                                                                                                        
                                                                                                                                
9:31:21 AM                                                                                                                    
                                                                                                                                
SENATOR  MENARD commented  that the  state is  fortunate to  have                                                               
someone  of the  caliber of  Mr. Maisch  involved with  forestry.                                                               
She recalled that during the  Senate Resources Standing Committee                                                               
meeting  Southeast legislators  expressed the  desire to  include                                                               
the Tongass  National Forest intent language  in the legislation,                                                               
which she felt was a fair submittal and provides awareness.                                                                     
                                                                                                                                
9:32:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  inquired as to the  Division of Forestry's                                                               
relationship with tribes.                                                                                                       
                                                                                                                                
SENATOR MENARD  answered that  she believes  the tribes  would be                                                               
one  of  the partners.    However,  she  understood that  in  the                                                               
proposed Susitna State Forest area there are no tribal areas.                                                                   
                                                                                                                                
CHAIR MUNOZ  clarified that Representative Cissna  is speaking to                                                               
the  government-to-government relations  issue  mentioned in  the                                                               
letter from the Organized Village of Kake.                                                                                      
                                                                                                                                
MR.  MAISCH  said  that  although  he  isn't  an  expert  on  the                                                               
government-to-government relationship aspect,  for about 15 years                                                               
he  worked  for  the  Tanana Chiefs  Conference  (TCC)  in  their                                                               
forestry  program.    The division,  he  explained,  incorporates                                                               
tribal  and   Native  corporation  interests  in   the  citizen's                                                               
advisory committee and the Board  of Forestry, both of which have                                                               
a   seat    specifically   designated   for    Native   community                                                               
participation or Alaska Native  corporations.  The government-to-                                                               
government relationship is really  an executive branch issue that                                                               
he wasn't sure how it was  handled in Southeast Alaska.  However,                                                               
he recalled that when the  POGO mine was constructed in Fairbanks                                                               
there were government-to-government  processes, which he recalled                                                               
were basically via a federal nexus rather than a state nexus.                                                                   
                                                                                                                                
9:35:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER stated  that  in addition  to the  forest                                                               
practices  and  the habitat  management  of  state forests  there                                                               
should  also be  protection  of logging,  hunting, trapping,  and                                                               
motorized  access  of the  proposed  Susitna  State Forest.    He                                                               
further  expressed the  need for  appointments  to the  citizen's                                                               
advisory committee to take  the aforementioned into consideration                                                               
and protect those uses.                                                                                                         
                                                                                                                                
MR.  MAISCH  noted  that  the  legislation  includes  a  specific                                                               
section  that addresses  traditional uses  on state  forest land.                                                               
In  fact, [a  provision  in] the  Haines  State Forest  [statute]                                                               
enumerates the aforementioned.                                                                                                  
                                                                                                                                
9:36:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FOSTER,  returning to the concerns  expressed with                                                               
regard  to   government-to-government  relations   and  Southeast                                                               
Alaska, encouraged having people from  Southeast be a part of the                                                               
solution.                                                                                                                       
                                                                                                                                
9:36:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK requested  information regarding what logging                                                               
operations are going on in the [proposed Susitna State Forest].                                                                 
                                                                                                                                
MR. MAISCH agreed to do so.                                                                                                     
                                                                                                                                
9:37:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER said  that she's  uncomfortable including                                                               
the Tongass National Forest since  the committee doesn't have the                                                               
data  for  the public  process.    She  remarked that  she's  not                                                               
confident  that  it  has  had  as thorough  a  vetting  by  local                                                               
communities as occurred for the proposed Susitna State Forest.                                                                  
                                                                                                                                
9:37:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  moved that the committee  adopt Amendment                                                               
1, as follows:                                                                                                                  
                                                                                                                                
     Page 31, lines 20-31;                                                                                                      
          Delete Section 2                                                                                                      
                                                                                                                                
REPRESENTATIVE SADDLER objected.                                                                                                
                                                                                                                                
9:39:12 AM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.  Representatives  Cissna and Gardner                                                               
voted  in  favor  of  adopting   Amendment  1.    Representatives                                                               
Saddler, Foster,  Dick, and Munoz  voted against it.   Therefore,                                                               
Amendment 1 failed to be adopted by a vote of 2-4.                                                                              
                                                                                                                                
9:39:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  moved to  report  CSSB  159(RES) out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
9:40:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER objected  to moving  CSSB 159(RES)  today                                                               
because she wanted to review the data that has been requested.                                                                  
                                                                                                                                
REPRESENTATIVE  CISSNA  said  that   she  supported  moving  CSSB
159(RES) forward as  it would ensure that the area  isn't lost to                                                               
subdivisions.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  FOSTER related  support for  the motion  with the                                                               
caveat  that the  House  Resources  Standing Committee  addresses                                                               
Representative Gardner's concerns.                                                                                              
                                                                                                                                
9:42:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  withdrew her  objection, noting  that she                                                               
is a member  of the House Resources Standing  Committee, the next                                                               
committee of referral.                                                                                                          
                                                                                                                                
9:42:35 AM                                                                                                                    
                                                                                                                                
CHAIR  MUNOZ  announced the  intent  to  obtain and  provide  the                                                               
information to the House Resources Standing Committee.                                                                          
                                                                                                                                
9:42:53 AM                                                                                                                    
                                                                                                                                
There  being no  further  objection, CSSB  159(RES) was  reported                                                               
from   the  House   Community  and   Regional  Affairs   Standing                                                               
Committee.                                                                                                                      

Document Name Date/Time Subjects
SB159 (H)CRA Haines State Forest Management Plan Access.pdf HCRA 4/12/2012 8:30:00 AM
SB 159
SB159 (H)CRATanana Valley State Forest Management Plan Access.pdf HCRA 4/12/2012 8:30:00 AM
SB 159
SB159(H) CRA Committee Qustions Susitna State Forest (2).pdf HCRA 4/12/2012 8:30:00 AM
SB 159