04/18/1994 08:15 AM House RES

  SB 293 - NATIVE ALLOTMENTS ON STATE LAND                                     
                                                                               
  BRYCE EDGEMOND, AIDE, SENATOR GEORGE JACKO, stated SB 293 is                 
  similar to a bill which was heard by the committee in March.                 
  He said SB 293 will give the commissioner of the Department                  
  of Natural Resources (DNR) the authority to relocate Native                  
  allotments which are mired in the endless process of appeals                 
  and litigation.  He explained these Native allotments are                    
  located on top of public use sites, whether it be a runway,                  
  road, mouth of a river near a prime recreational spot, state                 
  park or state land used for public use.                                      
                                                                               
  MR. EDGEMOND stated SB 293 is broader in scope that HB 404.                  
  SB 293 applies to all state lands as opposed to HB 404 which                 
  dealt with Native allotments located in state parks.                         
  Senator Jacko views SB 293 as good government, as it gives                   
  allottees an option to relocate their allotment to another                   
  parcel of land outside the legislatively designated area.                    
  He said the bill has a zero fiscal note and passed the                       
  Senate 19-1.                                                                 
                                                                               
  Number 040                                                                   
                                                                               
  REPRESENTATIVE BILL HUDSON asked Mr. Edgemond to give an                     
  example of where this bill might apply.                                      
                                                                               
  MR. EDGEMOND responded with two examples.  He said a village                 
  received over $2 million through the capital budget last                     
  year to refurbish their airport.  The village is having                      
  problems with the permitting process because part of the                     
  airport is located on a Native allotment.  SB 293 would give                 
  that allottee the option to relocate his or her allotment to                 
  another parcel.  He said another example is the Wood-Tikchik                 
  State Park, where 104 parcels are located within the park                    
  and are mired in the appeal process.  Many of the allottees                  
  are frustrated and would take advantage of this option if                    
  available.                                                                   
                                                                               
  (CHAIRMAN WILLIAMS noted for the record that REPRESENTATIVE                  
  GREEN joined the committee at 8:30 a.m.)                                     
                                                                               
  Number 060                                                                   
                                                                               
  RON SWANSON, DIRECTOR, DIVISION OF LAND, DEPARTMENT OF                       
  NATURAL RESOURCES (DNR), stated the department fully                         
  supports SB 293.  He said for years, DNR has worked with                     
  Native allottees trying to avoid public use conflicts.  He                   
  felt SB 293 sets up a win/win/win situation.  The allottee                   
  has to be agreeable to move and the department has to be                     
  agreeable to move the allottee on to other state land, which                 
  solves a problem for the Bureau of Indian Affairs (BIA) and                  
  the Bureau of Land Management (BLM).                                         
                                                                               
  REPRESENTATIVE JEANNETTE JAMES said the sponsor had stated                   
  SB 293 was broader than only lands located within public                     
  parks.  She wondered what other kinds of problems might be                   
  solved with SB 293.                                                          
                                                                               
  MR. SWANSON responded many times allotments are located on                   
  top of roads, airports or high public use sites.  SB 293                     
  gives DNR the opportunity to move the allottees away from                    
  those conflicts.  He stressed it is not a purchase situation                 
  but rather a flat move to land where there is less conflict.                 
                                                                               
  REPRESENTATIVE JAMES clarified SB 293 does not affect                        
  anything unless it is within public use land.                                
                                                                               
  MR. SWANSON said that is correct.  He stated in 1971 when                    
  the Native Allotment Act was repealed, all applications had                  
  to be filed.  He said there were about 12,000 on record.  He                 
  explained in 1980, the state was given the opportunity to                    
  protest those which had a public use conflict, mainly with                   
  roads, and approximately 1,500 were protested.  Since then,                  
  DNR has been able to work out resolutions for all but about                  
  500-600.  SB 293 will fix those remaining situations if the                  
  allottee agrees to go along with it.                                         
                                                                               
  Number 083                                                                   
                                                                               
  REPRESENTATIVE HUDSON asked if SB 293 has any involvement                    
  with the Mental Health Land.                                                 
                                                                               
  MR. SWANSON stated there are Native allotments filed on                      
  Mental Health land and SB 293 gives the department the                       
  opportunity to move those as well.                                           
                                                                               
  REPRESENTATIVE HUDSON clarified by permitting the relocation                 
  of an allotment outside a state park, even though it might                   
  be involved in the mental health issue, two problems will be                 
  solved.                                                                      
                                                                               
  MR. SWANSON replied that is correct.                                         
                                                                               
  REPRESENTATIVE HUDSON asked if there will be any costs                       
  involved.                                                                    
                                                                               
  MR. SWANSON responded no, because all of the up-front work                   
  has to be done by the Department of Interior, who has to                     
  first find it to be a valid Native allotment and then the                    
  two BLM employees working within DNR do the reconveyance                     
  work.                                                                        
                                                                               
  Number 099                                                                   
                                                                               
  REPRESENTATIVE JOE GREEN asked if SB 293 will clear up any                   
  disputes as well as move the allottees to where they can be                  
  enacted and cured.                                                           
                                                                               
  MR. SWANSON said the intent of SB 293 is to eliminate the                    
  conflict.                                                                    
                                                                               
  REPRESENTATIVE GREEN clarified that all three agencies are                   
  supportive of SB 293.                                                        
                                                                               
  MR. SWANSON replied that is correct.  He added there was                     
  federal legislation passed about three years ago to allow                    
  this to happen on the federal side.                                          
                                                                               
  REPRESENTATIVE HUDSON made a MOTION to MOVE SB 293 with zero                 
  fiscal note out of committee with INDIVIDUAL                                 
  RECOMMENDATIONS.                                                             
                                                                               
  CHAIRMAN WILLIAMS asked if there were any objections to the                  
  motion.  Hearing none, the MOTION PASSED.