Legislature(2023 - 2024)ADAMS 519
04/17/2023 01:30 PM House FINANCE
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Audio | Topic |
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Start | |
HB3 | |
HB83 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | HB 3 | TELECONFERENCED | |
+ | HB 83 | TELECONFERENCED | |
+ | TELECONFERENCED |
HOUSE BILL NO. 83 "An Act reestablishing the Citizens' Advisory Commission on Federal Management Areas in Alaska; and providing for an effective date." 3:20:54 PM REPRESENTATIVE GEORGE RAUSCHER, SPONSOR, thanked the committee for hearing HB 83. He read the sponsor statement (copy on file): House Bill 83 reestablishes the Citizens' Advisory Commission on Federal Management Areas in Alaska (CACFA), which sunset in 2021, and sets a new sunset date of June 30, 2031. The Commission is made up of 10 public members, one Senator, and one Representative who represent "the diversity of users and uses of federal land in the state" and are appointed by the Governor and Legislature. CACFA was first established in 1981, shortly after Congress passed the Alaska National Interest Lands Conservation Act (ANILCA) comprehensive legislation governing all federal public lands in the state. Under the balanced compromise Congress crafted in ANILCA, 104+ million acres (on top of the ~100 million acres already set aside) were set-aside in permanent federal ownership as conservation system units (e.g., parks, preserves, wildlife refuges, wilderness areas) while at the same time enabling Alaskan's to maintain their traditions, accommodate the social and economic needs of the state, provide a range of land-use and land access rights, safeguard opportunities for responsible resource development, and facilitate continued improvements in transportation and utility infrastructure. The provisions of ANILCA plus those of the Alaska Statehood Act and the Alaska Native Claims Settlement Act (ANCSA) mean that most Alaskans are regulated under a unique and extremely complex regulatory web. For the decades that CACFA operated, it was an independent and impartial source of information and center for advocacy on Statehood, ANCSA, and ANILCA issues that impact all Alaskans. CACFA helps Alaskans navigate complex regulations and works with federal agencies to ensure Congressional intent is implemented with respect to Alaska's interests. Among many things, the Commission holds hearings to collect public comment on decisions that affect them; disseminates information about historical and new regulations to the public, the Executive branch, and the Legislature; monitors the Federal Register and regularly submits written comment in response to actions that affect Alaska; and helps Alaskans navigate federal permitting processes. While the State's ANILCA program and CACFA both monitor federal actions, CACFA is the only entity that represents the views of Alaskan citizens concerning federal land management plans within the state. The last state audit conducted in 2020 concluded that "there is a continuing public need for the commission." As time passes, institutional memory and ANILCA expertise is lost at both the federal and state level. An active CACFA is critical to ensure that this critical knowledge is preserved, remains accessible to Alaskans, and can be used to defend Alaska. Furthermore, without CACFA, there is no organized center through which individuals can channel their concerns to the higher levels of government making important land use decisions that impact them. CACFA is an essential tool to ensure that Alaskans have a strong and powerful voice in what happens in our state. 3:25:46 PM RYAN MCKEE, STAFF, REPRESENTATIVE GEORGE RAUSCHER, read the sectional analysis (copy on file): Sec 1. Amends AS 44.66.010(a) creating new subsection (15) reestablishing the Citizens Advisory Commission on Federal Management Areas in Alaska, setting a new sunset date of June 30, 2031. Sec 2. Amends AS 44.66.010(a), technical change: Removes subsection (10) where CACFA's previous sunset date (June 30, 2021) was listed. Sec 3. Incorporates transition language to the uncodified law of Alaska establishing the initial term lengths of new appointments to the commission. Thereafter, the term limits outlined in the Commission's statute will take effect. Sec 4. Sets an effective date of July 1, 2023. Mr. McKee added that [legislative auditor] Ms. Kris Curtis was available online to answer any questions regarding the 2020 audit mentioned in the sponsor statement. Co-Chair Foster thought the bill might seem complicated and he was aware that there was a lot of background information involved in the legislation. For example, Serpentine Hot Springs in Nome were difficult to access because it was located within [Bering Land Bridge] National Park and all- terrain vehicles were not allowed in the area. Elders in particular had been experiencing difficulty accessing the springs and historically, elders had visited the springs frequently. He relayed that CACFA would allow the opening of trails that fell under [federal] Revised Statute (RS) 2477, which were historical trails used by miners, travelers, and villagers, among others. One of the concerns he had heard was that CACFA might make private lands vulnerable to unwanted visitors, but his understanding was that CACFA only aimed to open federal lands, such as national parks. Representative Josephson thought the concerns about RS 2477 conflicts were valid. He had done research on the Klutina Lake dispute in Wrangel and there were profound concerns about the potential impacts of opening federal lands. His main concern was that CACFA had a narrow perspective. The Board of Game was entirely appointed by the governor and Title 16 required that the governor appointment members with reference to the diversity of users; however, he did not think the requirement was being satisfied. On the Department of Fish and Game's website, there was a video on how to extradite a dog from a trap. He asked how an individual dog owner who would like to avoid a similar situation while walking on federal lands would have a voice through CACFA. He thought that such an individual's voice would be too small to be heard amid the federal outcry. He wondered how the quiet user, such as the cross country skier, dog walker, or backpacker, would have a voice under CACFA. Representative Rauscher responded that the quiet user would have an opportunity to be heard under the bill and that it was part of the purpose of CACFA. He thought that an individual could always bring their concerns to CACFA and that CACFA would make a determination. However, the decision might not always be made in the individual's favor. 3:32:31 PM Co-Chair Foster reviewed the agenda for the following day's meeting. HB 83 was HEARD and HELD in committee for further consideration.