Legislature(1997 - 1998)
04/14/1998 05:10 PM House RES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CSSB 236(RES) - CITIZENS ADVISORY COM ON FED AREAS IN AK CO-CHAIRMAN OGAN announced the next order of business was CSSB 236(RES), "An Act extending the termination date of the Citizens' Advisory Commission on Federal Areas in Alaska; and providing for an effective date." CO-CHAIRMAN OGAN called on Annette Kreitzer, staff to the Senate Labor and Commerce Standing Committee, sponsor of the bill. Number 129 ANNETTE KREITZER, Legislative Assistant to Senator Loren Leman, Chairman, Senate Labor and Commerce Standing Committee, Alaska State Legislature, stated the bill extends the expiration of the Citizens' Advisory Commission on Federal Areas in Alaska for another five years - June 30, 2003. The commission does not have a wind-down year following its expiration, therefore, it would cease to exist after June 30, 1998, if not extended by the legislature. The commission is tasked with the following duties: Evaluate federal management, operation, planning, development for consistency with federal law and congressional intent; Hold hearings on the impact of federal regulations and federal management decisions; Make recommendations to state or federal land agencies; Report annually to the governor and the legislature. Number 148 REPRESENTATIVE JOE GREEN asked Ms. Kreitzer whether the commission has ever held a hearing on Secretary Babbitt's interpretation of Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA). MS. KREITZER replied she is not aware of any hearing. Stan Leaphart, Executive Director of the Citizens' Advisory Commission on Federal Areas in Alaska is online to answer any questions about the day-to-day activities of the commission. Number 163 STAN LEAPHART, Executive Director, Citizens' Advisory Commission on Federal Areas in Alaska, testified via teleconference in Fairbanks. The commission has not held a hearing on the subsistence issue since shortly after the original federal takeover in 1990. "We had a significantly different membership then. We held a statewide teleconference, made a recommendation at that time - which I don't think we would make again today - to implement--suggest a constitutional amendment. That was the last time we have held any sort of hearing on ANILCA, Title VIII. We've not been inactive on the issue, rather we continue to monitor the federal program to make sure that at least those people that qualify under the federal program are getting a fair shake under that system." Number 187 REPRESENTATIVE GREEN asked Mr. Leaphart whether Alaska's congressional delegation is responsive and takes recommendations from the group. MR. LEAPHART replied, "Yes." The commission has made recommendations to the delegation on a wide range of issues. They are not always responsive to every recommendation, but the commission submits on a routine basis copies of its comments and recommendations. Number 206 REPRESENTATIVE GREEN asked Mr. Leaphart whether a federal interpretation has ever been stopped or modified with a recommendation by the commission. "The reason I'm asking is that to extend this for a reasonably high fiscal note--I'm just wondering what we're getting for that in the arena that we find ourselves in now trying to budget cut. I'm wondering what we're getting for this kind of money. If it's just to maintain something that has been effective or ineffectively. And, I'm just wondering if you can show me something that we're getting for that." MR. LEAPHART replied a lot of the issues that the commission deals with are obscure and esoteric. The commission spends a lot of time looking at proposed federal regulations and proposed management plans. The commission has made some significant differences on a number of occasions. As a new employee in 1982, the commission was working on the issue of commercial fishing in Glacier Bay National Park and Preserve. The commission can't say that it has solved the issue, but there still is commercial fishing in the bay today. In addition, the commission has helped individuals around the state to secure permits for guiding activities in order to access cabins on federal parks and refuges. It is a little difficult to say conclusively where the commission has made a difference on a particular issue, but it has made a good bit of difference on a lot of small issues. The commission has an invaluable institutional memory. In other words, it reminds federal agencies of their promises made 10 to 15 years ago that they don't remember because of personnel turnover. The commission has been very effective in that regard. CO-CHAIRMAN OGAN wondered why Representative Green was concerned about the congressional delegation following the commission's recommendations when they don't follow all of the legislature's recommendations. REPRESENTATIVE GREEN replied that furthers his point. What do we get for this bill? he asked. CO-CHAIRMAN OGAN announced that Representative Nicholia has joined the meeting. Number 256 REPRESENTATIVE RAMONA BARNES stated, before the commission was established in state law, there was the Federal Land Use Planning Commission. It went by the wayside, and the citizens' commission was established by Senator Betty Fahrenkamp when the state was fighting ANILCA in Washington D.C. It has been an effective committee. It puts Alaska's voice before federal agencies, and the legislature has put very little money into it over the years. The commission should not only continue, but it needs to be funded adequately. Number 303 REPRESENTATIVE GREEN asked Representative Ogan and Hudson what has happened since they have been members of the commission. Number 309 CO-CHAIRMAN OGAN replied he went to a meeting this year, but had to leave because of session duties. He knows for a fact that the commission is very active and is needed to watch federal-state issues. CO-CHAIRMAN HUDSON replied he has not attended a meeting yet. He just found out that he is a member of the commission. He has read the reports submitted, however. It appears that the commission has been advocating for the continuation of commercial and subsistence fishing in Glacier Bay National Park and Preserve against a very aggressive national park service - a concern of his. He intends to get into the middle of the issue as an advocate. REPRESENTATIVE GREEN stated he is concerned that the commission has lost its "umph" on federal issues. He has never heard from the group. He wondered whether it is just gliding or actively and aggressively doing something. Number 346 REPRESENTATIVE BARNES stated Representative Al Vezey indicated it is one of the best committees that he has ever served on. It is a very active committee, according to the public members, despite the fact that Representatives Ogan and Hudson recently just found out they are members. Number 358 REPRESENTATIVE DYSON asked Representative Barnes whether the intent of the commission when established was to have a feedback loop from the congressional delegation. REPRESENTATIVE BARNES replied there has been feedback between the commission and the congressional delegation. In addition, the commission doesn't just interact with the congressional delegation, it also interacts with federal agencies. Most often, it is the only agency that looks after the interest of the state with respect to the federal agencies. REPRESENTATIVE DYSON asked Mr. Leaphart whether the congressional delegation regularly inquires about the commission's opinion and analysis on federal legislation affecting Alaska's lands. Number 391 MR. LEAPHART replied the commission routinely submits a copy of all of its comments to the congressional delegation. They don't always solicit, but the commission always provides. Sometimes there is feedback and sometimes there isn't, but the commission always advises the congressional delegation on its recommendations and positions on particular issues. REPRESENTATIVE DYSON asked Mr. Leaphart whether the congressional delegation has always solicited the commission's views. MR. LEAPHART replied, "Yes." The commission does not have a high profile like it used to. It used to have five people on staff. Now, he is the only staff member and works a reduced year because of funding. The commission, therefore, is somewhat less effective than what it used to be simply because of personnel and budget reductions. It tries to do the best it can with what is has, however. MR. LEAPHART further stated there was a tremendous amount of feedback and input on bills proposed in 1992 and 1993 on the Glacier Bay commercial fishing issue, as well as this year. In addition, there were extensive comments and input on Representative Young's Wildlife Refuge Management Act passed last year that were incorporated. Number 422 CO-CHAIRMAN OGAN asked Mr. Leaphart whether the commission works with other federal agencies when implementing regulation changes. MR. LEAPHART replied, "Yes." He checks in with the Secretary's office once a week in Anchorage to discuss any issues on the table. He just reviewed a management plan for Denali National Park and Preserve that would be a disaster, if implemented, and submitted strong feedback to that agency. He checks routinely with both individual unit managers, staff of the parks and refuges, and regional offices. Number 436 CO-CHAIRMAN OGAN asked Mr. Leaphart to put him on the list for a weekly or at least a bi-weekly check to keep him abreast of what is going on with the different federal regulatory agencies that the legislature should be involved in. MR. LEAPHART replied he would be happy to make sure he gets a copy of the issue updates. CO-CHAIRMAN OGAN stated he would like to get a monthly phone call from Mr. Leaphart, assuming that the bill passes. MR. LEAPHART replied he would be happy to do that. Number 450 REPRESENTATIVE GREEN stated the fiscal note refers to travel and per diem for commission members for two meetings a year. He asked Mr. Leaphart what is done at the meetings and are they held in Fairbanks. Number 456 MR. LEAPHART replied the commission tries to meet in Juneau during the session because of its legislative members. The last meeting was on March 27, 1998. It also tries to meet in Anchorage during the fall. Summers are too difficult for the members to try to meet. REPRESENTATIVE GREEN asked Mr. Leaphart whether there is a pretty good membership turnout. MR. LEAPHART replied, "Yes." There were 13 at the last meeting. REPRESENTATIVE GREEN asked Mr. Leaphart whether the meetings are for one or two days. MR. LEAPHART replied the last meeting was for just one day. REPRESENTATIVE GREEN stated the fiscal note primarily addresses travel expenses. MR. LEAPHART replied the travel expenses for the meeting in Juneau were pretty substantial. REPRESENTATIVE GREEN asked Mr. Leaphart what was accomplished at the meeting. MR. LEAPHART replied he could copy him on the recommendations that were adopted. The commission adopted a letter to the director of the USDA Forest Service opposing the road moratorium in the national forest system. The commission also voted to support the Bureau of Land Management's (BLM) recommendation to not designate Squirrel River as wild and scenic. The commission also adopted to prepare a letter to the congressional delegation asking them to make a legislative conveyance of the remaining federal lands in the Dalton Highway-Haul Road corridor. The commission also adopted to write to the BLM and ask for a comprehensive review of all public land orders still in existence in Alaska. Number 491 REPRESENTATIVE GREEN asked Mr. Leaphart whether subsistence was on the agenda and has the commission come up with any suggestions. MR. LEAPHART replied the commission has not addressed the subsistence issue directly for quite sometime. At a meeting in 1996, it was decided to avoid the subsistence issue because it has the capacity to blow up on its own, based on a recommendation by Senator Rick Halford. As an advisory group, there is not a whole lot it can do other than to monitor the ongoing federal program as long as it remains in place. Number 509 REPRESENTATIVE REGGIE JOULE suggested appointing members from the minority because they seem to have a bit more time to attend the meetings. CO-CHAIRMAN OGAN replied he wouldn't go into minority-member attendance in this committee. Number 522 TINA CUNNING, State-Federal Issues, ANILCA Coordinator, Department of Fish and Game, testified via teleconference in Anchorage. The department supports the continuation of the Citizens' Advisory Commission on Federal Areas in Alaska. Although the commission might not be able to rattle off its victories and gains, the mere fact that it is there provides a tremendous resource for the public. The department monitors the regulations and planning documents as they affect the department's management authority and the public's ability to use them. The commission is much more effective in lobbying and working on behalf of individual public members. For example, the commission reviewed the Chugach National Forest Management Plan update and caught the identified 23 wild and scenic river recommendations. The commission also monitors Title 11, access to transportation and utility regulations that went through an extensive lawsuit. It was settled out of court partially due to efforts of the commission working with the Interior on access for inholders. The department also recently provided a training on the public trust doctrine for the commission members. The commission can provide a lot of help to the public that the department can't advocate for directly, therefore, it is important to keep them informed on the public trust doctrine. Number 572 MS. KREITZER stated the commission has also been active with the American Heritage Rivers Initiative, an issue of great concern to many Alaskans. There were no hearings in Alaska on the initiative. The commission did not support it and made it very clear to the congressional delegation. Number 583 REPRESENTATIVE IRENE NICHOLIA stated there are a lot of federal areas in rural Alaska, but there aren't a lot of rural representatives on the commission. She would like to see them included in the future. Number 590 REPRESENTATIVE BARNES stated in the past there have been a number of rural representatives on the commission. The legislative delegation changes every two years. The public members change frequently as well. Number 597 REPRESENTATIVE NICHOLIA stated she would just like to see the continuation of a rural representation on the commission. Number 599 CO-CHAIRMAN HUDSON stated the Act requires a representative from each judicial district in the state. If that hasn't been followed, it should be looked into. MS. KREITZER stated the governor has a big role to play by appointing eight members of his choice from throughout the state. Number 610 REPRESENTATIVE NICHOLIA stated she intends to write to the governor about this. Number 611 REPRESENTATIVE BARNES made a motion and asked unanimous consent to move CSSB 236(RES) from the committee with individual recommendations and the attached fiscal note(s). There being no objection, CSSB 236(RES) was so moved from the House Resources Standing Committee.
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