Legislature(2001 - 2002)
04/08/2002 01:15 PM House RES
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
HJR 48-TERMINATION OF FED LAND WITHDRAWALS CO-CHAIR SCALZI announced the final order of business, HOUSE JOINT RESOLUTION NO. 48, Relating to federal land withdrawals. Number 0013 JUDY OHMER, Staff to Representative Pete Kott, Alaska State Legislature, presented HJR 48 on behalf of the House Rules Standing Committee, sponsor, which Representative Kott chairs. TAPE 02-27, SIDE A Number 0001 MS. OHMER told members that throughout many states, especially Western states, the federal government has withdrawn lands for various reasons; those lands aren't available to other kinds of selections and designations such as the state's rights-of-way, state selection, mining claims, or Native allotments. Many federal withdrawals are for public purposes such as for parks and refuges, while others occur in order to provide agencies the flexibility to consider proposed uses for the land. Sometimes, federal withdrawals have seemed to occur for political purposes. MS. OHMER explained that when federal lands are withdrawn, those lands are closed until the withdrawal is removed. In some cases, [removing] the withdrawal takes an Act of Congress. Therefore, the lands remain closed to public entry even when the original purpose has been accomplished or has lapsed. In Alaska, many of these federally withdrawn lands have been selected by the State of Alaska in accordance with the Alaska Statehood Act for transfer to become state-owned lands. Ms. Ohmer noted that some of the lands in withdrawal status have high mineral potential, while other lands have been selected as access corridors. In all cases, these state-selected lands can't be transferred, and therefore Alaska loses opportunity. Ms. Ohmer pointed out that the committee packet should include a letter from the Bristol Bay Native Corporation that refers to federal land withdrawals as "speed bumps" on the corporation's "highway to economic prosperity." MS. OHMER noted that HJR 48 requests that Congress amend the public land withdrawals so the withdrawals will sunset after ten years unless the agency responsible for managing the land provides Congress with a justification. It also requests that Congress require all federal land-managing agencies to compile a comprehensive list of the withdrawn lands under their jurisdiction. This is requested in order to accomplish the following: to extract the geographical coordinates of the withdrawn land, to [obtain] the legal authority for the withdrawal, and to document establishing the withdrawal and the proposed disposition of the affected lands. A plan defining how the withdrawals will be terminated would be filed with Congress within a year. Ms. Ohmer reiterated that HJR 48 encourages Congress to amend the public land laws to provide a timely way that those withdrawn lands can be returned to fuller use. Number 0362 STEVE BORELL, Executive Director, Alaska Miners Association, Incorporated, testified via teleconference, indicating committee packets should include a letter from the association. Mr. Borell mentioned [the association's] knowledge of this issue for many years, especially in the Fortymile district. He explained that prior to the Alaska National Interest Lands Conservation Act (ANILCA), a swath of land a mile wide on either side of the river was designated as a closure; when ANILCA passed, the swath of land became only one-half mile on either side. That strip remains closed to anything including mining claims. Suggesting it has become more crucial within the last couple of years, he pointed out that a lot of state selections have been transferred to [the State of] Alaska now. Although there are approximately 10 million acres yet to be transferred, many of the state- selected lands are closed due to a federal withdrawal. MR. BORELL said part of the reason the association supports HJR 48 is because no one has a list or description of the [federally withdrawn] lands, although DNR has done some work to determine [the location] of all the withdrawals. He explained that one factor that has brought this to light is that companies have been exploring for minerals, especially platinum group elements. In the process of that exploration and working on land status, [the companies] have determined that the lands of interest are closed. This resolution basically requests that the agencies specify exactly what lands are closed, the authority by which the lands were closed, and whether there is any reason for those lands to remain closed. Number 0658 SANDRA SINGER, Realty Services Section, Division of Mining, Land and Water, Department of Natural Resources (DNR), testifying via teleconference, stated support for HJR 48 because these federal withdrawals continue to impede DNR's ability to acquire lands with high resource or development potential. Although the state has "top-filed" essentially all withdrawn lands, the state must continue to hold aside that portion of the state's statehood entitlement acreage necessary to ensure the future conveyance of these high-priority withdrawn lands. CO-CHAIR SCALZI, upon determining that no one else wished to testify, announced that public testimony was closed. Number 0753 CO-CHAIR MASEK moved to report HJR 48 out of committee with individual recommendations and the [accompanying fiscal notes]. There being no objection, HJR 48 was moved out of the House Resources Standing Committee.
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