Legislature(1995 - 1996)
04/17/1996 01:50 PM House FIN
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= bill was previously heard/scheduled
SENATE BILL NO. 250
"An Act relating to the University of Alaska and to
assets of the University of Alaska; authorizing the
University of Alaska to select additional state public
domain land, designating that land as `university trust
land,' and describing the principles applicable to the
land's management; and defining the net income from the
University of Alaska's endowment trust fund as
`university receipts' subject to prior legislative
appropriation."
SUSAN FLENSBURG, PROGRAM DIRECTOR, BRISTOL BAY COASTAL
RESOURCE SERVICE AREA MANAGEMENT PROGRAM expressed concern
with the lack of public process in determining lands that
are suitable for selection. She stressed that there is not
a best interest determination. She observed that the
legislation will effect new borough formation.
SEAN MCGUIRE, FAIRBANKS testified via the teleconference
network. He spoke in opposition to the legislation. He
emphasized that the legislation will created conflict. He
noted that a diversity of groups object to the legislation.
He objected to the opening of the whole State for University
selection. He observed that the legislation is not
supported by students. He noted that the legislation would
represent less than one percent of the University's budget.
ERIK HOLLAND, FAIRBANKS testified via the teleconference
network. He spoke in opposition to SB 250. He emphasized
that the land in question is in public ownership. He
maintained that it would be cheaper to fund the University
and retain state management of the land. He asserted that
it is not the time to weaken the public's control over
public land.
DAVID LACEY, FAIRBANKS testified via the teleconference
network. He spoke in opposition to the legislation. He
maintained that the public is being cut out of public land.
He acknowledged that public education needs to be properly
funded. He suggested that oil fields or part of the
Permanent Fund could be transferred to the University.
Representative Mulder asked if selections by the Lake and
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Peninsula Borough would occur prior to selections by the
University.
JANE ANGVIK, DIRECTOR, DIVISION OF LANDS, DEPARTMENT OF
NATURAL RESOURCES explained that lands selected by boroughs
are in line ahead of lands that can be selected by the
University. She observed that the Lake and Peninsula
Borough has not identified land for selection. She noted
that 1.3 million acres of land are committed to
municipalities. Only 650 thousand acres have actually been
conveyed. Land not identified by a borough are available
for selection by the University.
Representative Therriault WITHDREW Amendment 1. He provided
members with new Amendment 1, 9-LS1394\R.3, 4/15/96 (copy on
file).
WENDY REDMAN, VICE PRESIDENT, UNIVERSITY OF ALASKA explained
that new Amendment 1 clarifies the terms "selected" and
"conveyed". The amendment also deals with the issue of over
selection. She acknowledged concerns that the University
could make over selections. The amendment limits over
selection to no more than 20 percent of the total land
selection.
Representative Navarre referred to page 7, line 28. He
questioned if the language is an expansion. Ms. Redman
clarified that the University and the State must agree on
every acre that comes to the legislature. Then the
legislature must agree on the list.
(Tape Change, HFC 96-126, Side 2)
Representative Navarre referred to section 8(a). He
questioned if the land would be approved if the legislature
does not take action. Ms. Redman noted that the legislature
has to take affirmative action. She pointed out that the
legislation authorizations up to 350,000 acres for
selection. The legislation does not guarantee the land
selection.
Representative Navarre maintained that the legislation does
not protect traditional and customary use of the land. Ms.
Redman replied that the University has an interest in
allowing people to hunt and fish on university land. She
acknowledged that if the University sells or moves the land
to a major lease hold the protections would not apply. She
noted that the legislation provides some tort immunity. The
University does not currently have tort protection.
Ms. Redman stated that the University will allow trees to be
cut on university land but is concerned that timber is not
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harvested for resale under traditional and customary use.
Representative Therriault MOVED to adopt new Amendment 1.
In response to a question by Representative Navarre, Ms.
Redman agreed that the University will develop a priority
order for the land selection to be followed by the
Department of Natural Resources.
Ms. Angvik stressed that the Department of Natural Resources
is concerned with the legislation. She emphasized that it
will be difficult to find the land. She acknowledged
cooperation by the University. She stated that the
Department would like time to work out conflicts among user
groups. She explained that new Amendment 1 provides
clarification in regards to over selection.
Representative Navarre asked if the State should prioritize
the land for selection. Ms. Redman emphasized that the
Department of Natural Resources must approve all the land on
the list.
Representative Navarre asked if the University supports
local government approval of land selections within their
jurisdiction. Mr. Redman stated that the University would
not support local government approval. She added that all
land development projects are submitted to local governments
and that they follow the public process required by the
boroughs. She maintained that the University works with
local governments with every project that is developed.
There being NO OBJECTION, Amendment 1 was adopted.
Representative Kelly asked if the legislation would protect
lease holders from interference in developing their lease
land. Representative Navarre noted that the bill provides
that the customary and traditional uses are protected until
the right is given to someone else through a lease or sale.
Once the land is leased the protections are off.
Representative Therriault MOVED to report HCS CSSB 250 (FIN)
out of Committee with individual recommendations and with
the accompanying fiscal note. Representative Navarre
OBJECTED. A roll call vote was taken on the MOTION.
IN FAVOR: Mulder, Parnell, Therriault, Kelly, Martin, Hanley
OPPOSED: Navarre, Foster
Representatives Brown, Grussendorf, and Kohring were absent
from the vote.
The MOTION PASSED (6-2).
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HCS CSSB 250 (FIN) was reported out of Committee with "no
recommendation" and with four fiscal impact notes by the
University of Alaska, the Department of Natural Resources,
the Department of Revenue, and the Department of Fish and
Game, all dated 2/15/96.
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