Legislature(2007 - 2008)BARNES 124

04/04/2007 01:00 PM House RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 176 CREATE FORT ROUSSEAU CAUSEWAY PARK TELECONFERENCED
Moved CSHB 176(RES) Out of Committee
*+ HB 194 FINES AND OFFENSES TELECONFERENCED
Moved CSHB 194(RES) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 132 AGRICULTURE DAY TELECONFERENCED
Moved Out of Committee
+= HJR 4 KENAI/KASILOF SUBSISTENCE PRIORITY TELECONFERENCED
Moved CSHJR 4(FSH) Out of Committee
HB 176-CREATE FORT ROUSSEAU CAUSEWAY PARK                                                                                     
                                                                                                                                
1:09:08 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  announced that the  next order of  business would                                                               
be  HOUSE  BILL NO.  176,  "An  Act  creating the  Fort  Rousseau                                                               
Causeway State Historical Park."                                                                                                
                                                                                                                                
CO-CHAIR   JOHNSON  moved   to  adopt   the  proposed   committee                                                               
substitute  (CS)  for  HB   176,  Version  25-LS0181\E,  Bullock,                                                               
3/28/07, as  a work draft.   There being no objection,  Version E                                                               
was before the committee.                                                                                                       
                                                                                                                                
1:10:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON requested  an explanation  of the  changes                                                               
between the proposed CS and the original bill.                                                                                  
                                                                                                                                
CLIFF STONE,  Staff to Representative Peggy  Wilson, Alaska State                                                               
Legislature, explained  that the Department of  Natural Resources                                                               
came to  Representative Wilson's  office with some  minor changes                                                               
to the  cadastral survey  that had  originally been  provided for                                                               
the  bill.   The changes  included adding  the survey  number and                                                               
fine tuning the description of a couple of the lots.                                                                            
                                                                                                                                
1:10:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   inquired  whether  the  change   in  the                                                               
description materially affects the size of the state park.                                                                      
                                                                                                                                
MR. STONE replied it does not.   It is roughly 58 acres of upland                                                               
only.                                                                                                                           
                                                                                                                                
1:11:13 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO asked for a description of the causeway.                                                                         
                                                                                                                                
MR. STONE  explained that the  causeway was created  during World                                                               
War II (WWII) when the military  used rock and gravel to fill the                                                               
areas between  a series of  small islands  west of the  then U.S.                                                               
Navy's Sea  Plane and  Operating Base  in Sitka,  which is  now a                                                               
state airport.   On  each island there  are concrete  bunkers and                                                               
magazine posts, most  of which still exist today and  are in fair                                                               
condition.                                                                                                                      
                                                                                                                                
1:12:46 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  inquired what  the meaning  of a  historical park                                                               
is.                                                                                                                             
                                                                                                                                
MR. STONE responded  that it is simply a name  that was chosen by                                                               
the Sitka  Trail Works.  There  was some debate as  to whether to                                                               
use historic or historical in the name.                                                                                         
                                                                                                                                
1:13:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO asked whether Fort Rousseau  is a park in the same                                                               
sense that Yosemite National Park is a park.                                                                                    
                                                                                                                                
MR. STONE  answered that it  is.  Some  of the language  for Fort                                                               
Rousseau is the  same language as for other state  parks, such as                                                               
Fort Abercrombie State Historical Park on Kodiak Island.                                                                        
                                                                                                                                
1:13:51 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  inquired what  things would  be off  limits under                                                               
park status that were previously okay.                                                                                          
                                                                                                                                
MICHAEL  EBERHARDT, Superintendent,  Southeast Area,  Division of                                                               
Parks  &  Outdoor  Recreation, Department  of  Natural  Resources                                                               
(DNR), explained that a park  designation withdraws the land from                                                               
the roles of general state lands  and puts it under management by                                                               
the Division  of Parks &  Outdoor Recreation.   The land  is then                                                               
subject  to  all  of  the  division's  regulatory  authority  for                                                               
general  park  lands  and  will   be  managed  for  the  purposes                                                               
established under the bill.                                                                                                     
                                                                                                                                
1:15:23 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO  asked what  is  changed  in regard  to  fishing,                                                               
hunting, trapping, and snow machining.                                                                                          
                                                                                                                                
MR. EBERHARDT  stated that  the Sitka  community is  pushing hard                                                               
for this  park in order to  protect the existing uses  of camping                                                               
and recreating  and to  enhance the historical  aspect.   None of                                                               
the  tidelands  or  submerged  lands   where  there  are  fishing                                                               
activities is included in the  boundaries, and there is no upland                                                               
game  hunting on  the causeway  at this  time.   There should  no                                                               
conflict with  hunting or  fishing, he  said, because  during the                                                               
public comment period there has  been no mention of any conflicts                                                               
with existing activities.                                                                                                       
                                                                                                                                
1:16:36 PM                                                                                                                    
                                                                                                                                
MR. STONE,  in response to Representative  Seaton, confirmed that                                                               
the fiscal note  of $16,800 would come from the  general fund and                                                               
the other expenses would be paid from other revenues.                                                                           
                                                                                                                                
REPRESENTATIVE  SEATON  noted  that  installation of  a  dock  is                                                               
planned for fiscal year (FY) 2008  and that it would use $500,000                                                               
from the  [2006 Alaska  Cruise Ship Initiative]  tax.   Has there                                                               
been  approval of  that allocation,  he asked,  or is  it just  a                                                               
potential idea in the planning stage.                                                                                           
                                                                                                                                
MR. STONE responded  that it is a proposal, a  wish list, for the                                                               
future that has  been brought to the  attention of Representative                                                               
Wilson and Senator Stedman.                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON   appreciated  that  projects   are  being                                                               
identified for funding by the  cruise ship initiative that voters                                                               
approved.   He noted that  the dock project is  on page 4  of the                                                               
"Sitka  Fort  Rousseau  Historical   State  Park  (World  War  II                                                               
Causeway) Development Plan Summary".                                                                                            
                                                                                                                                
1:18:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG said  he would have liked  to have seen                                                               
a map of the area and its location in relationship to Sitka.                                                                    
                                                                                                                                
MR. STONE  replied that  he provided  a colored  map and  DNR had                                                               
provided several maps for the committee's packets.                                                                              
                                                                                                                                
1:20:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON inquired  whether there is public  access to the                                                               
area by any other means besides the water.                                                                                      
                                                                                                                                
MR. STONE  said the  water is the  only accessible  point because                                                               
airport development resulted in closing  the [land] access to the                                                               
causeway.                                                                                                                       
                                                                                                                                
MR.  STONE, in  response to  Co-Chair Gatto,  said the  U.S. Army                                                               
Corps of Engineers built the causeway.                                                                                          
                                                                                                                                
1:21:07 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  observed that the  airport runway is over  a mile                                                               
long and close to Sitka.  He  asked whether a car could be driven                                                               
to the causeway.                                                                                                                
                                                                                                                                
MR. STONE explained that there is  no longer access by car due to                                                               
the installation of  security fencing, but that  the causeway did                                                               
have  car access  long  ago.   In  further  response to  Co-Chair                                                               
Gatto, Mr. Stone  confirmed that permission for  access would not                                                               
be   granted   by   airport  authorities.      In   response   to                                                               
Representative Guttenberg, Mr. Stone  stated that the main access                                                               
to  the causeway  is by  boat.   Sitka Trail  Works also  makes a                                                               
skiff available to the public, he  said.  The area gets heavy use                                                               
during  the summer  months by  local residents  who skiff  to the                                                               
causeway to picnic and visit the site.                                                                                          
                                                                                                                                
1:22:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON  inquired whether cruise  ships will be  able to                                                               
conduct tours  to the  causeway or  will turning  it into  a park                                                               
deny an entrepreneur the opportunity to make money.                                                                             
                                                                                                                                
MR. STONE  said the long-range  plan is  to open the  causeway to                                                               
tourists through  the sale  of [tour] packages  in order  to fund                                                               
the improvements  that are  planned.  There  are plans  to market                                                               
this and get as many people as possible out there.                                                                              
                                                                                                                                
1:23:22 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO noted  that the smaller cruise ships  would be the                                                               
likely ones  to come to  this destination.   The word  park rings                                                               
all  sorts  of  bells  that   there  will  be  park  rangers  and                                                               
restrictions  to trails  and official  cabins.   Would this  park                                                               
allow  a person  to run  across the  property any  way he  or she                                                               
feels like, he asked.                                                                                                           
                                                                                                                                
MELANIE LESH,  Legislative Liaison,  Office of  the Commissioner,                                                               
Department of Natural  Resources (DNR), stated that  it would not                                                               
be as  tied up  as Co-Chair  Gatto's first  example, it  would be                                                               
open and more  like the second example.  Any  future grant monies                                                               
would  make  it  a  more   attractive  destination  with  further                                                               
development so it could be a cruise ship shore excursion.                                                                       
                                                                                                                                
1:25:06 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON asked whether this is  more of a public use area                                                               
than a park.                                                                                                                    
                                                                                                                                
MS. LESH  said there  are distinct categories  for uses  that are                                                               
allowed  depending on  whether the  designation is  a public  use                                                               
area or a park.  She deferred to Wyn Menefee.                                                                                   
                                                                                                                                
WYN  MENEFEE, Chief  of Operations,  Central Office,  Division of                                                               
Mining, Land  and Water, Department  of Natural  Resources (DNR),                                                               
explained that the special designation  of public use area allows                                                               
lands to  be managed with a  purpose, but they are  still general                                                               
state lands.   Therefore, all of the  general rules, regulations,                                                               
and uses are  applicable unless the public  use area specifically                                                               
creates regulations  that either  prohibit or restrict  a certain                                                               
type  of use.   Land  under  park designation  is withdrawn  from                                                               
public domain,  he said, and  different statutes  and regulations                                                               
apply.  The generally allowed uses  on general state lands are no                                                               
longer allowed  on park  lands.   Typically, hunting  and fishing                                                               
are still  allowed in  parks, but sometimes  the parks  have more                                                               
restrictive  language, such  as  no  shooting within  one-quarter                                                               
mile of  a facility, whereas  general state lands would  not have                                                               
that restriction.  He noted  that refuges are general state lands                                                               
co-managed  with  ADF&G.    There is  usually  some  purpose  for                                                               
creating a special use area, such as preventing motorized use.                                                                  
                                                                                                                                
1:28:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG compared  the  Fort Rousseau  Causeway                                                               
with  Cape  Chiniak, another  WWII  historical  site.   He  asked                                                               
whether WWII is the only cultural aspect of the causeway.                                                                       
                                                                                                                                
MR. STONE  responded that he  is very familiar with  Cape Chiniak                                                               
and the WWII placements there.   His talks with Sitka Trail Works                                                               
people and other residents supporting  this project indicate that                                                               
the WWII history is the sole use.                                                                                               
                                                                                                                                
1:30:08 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO remarked  that he feels privileged to  see some of                                                               
the top  secret military  information from  1943 relating  to the                                                               
causeway.                                                                                                                       
                                                                                                                                
MR. STONE said, "Anything for the chair."                                                                                       
                                                                                                                                
1:30:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  noted  that  City and  Borough  of  Sitka                                                               
[Resolution No. 2005-28] supports  historical preservation of the                                                               
causeway and  an ADA accessible  walkway.  It appears  that there                                                               
is well founded local support,  but has there been any opposition                                                               
to making this an historical park, he asked.                                                                                    
                                                                                                                                
MR. STONE replied that  he has found none.  He  said he has 60-70                                                               
letters from  folks supporting  this project  and that  they have                                                               
been supporting this for several years.                                                                                         
                                                                                                                                
1:31:39 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO opened the hearing to public testimony.                                                                          
                                                                                                                                
HARVEY BRANDT  stated that  he is a  retired educator  and former                                                               
national park  ranger, and  now a grandfather,  who has  lived in                                                               
Sitka for  40 years.  He  said he has taken  hundreds of students                                                               
to the site:  teachers in  workshops from throughout the state of                                                               
Alaska,  public   school  students  from  Sitka   and  throughout                                                               
Southeast  Alaska, and  college  and university  groups.   It  is                                                               
truly an  historic spot,  he said.   Sitka was  one of  the major                                                               
defensive  installations  in  Alaska, along  with  Kodiak,  Dutch                                                               
Harbor, and Anchorage.   During the interlude  between the terror                                                               
of  Pearl Harbor  and the  relief of  the Battle  of Midway,  the                                                               
military hurriedly  prepared this defensive installation.   It is                                                               
over 8,000  feet long  connecting numerous  islands.   Large guns                                                               
were placed  in a  triad from Biorka  Island, [Kruzof  Island] on                                                               
which  Mount Edgecumbe  is located,  and  the end  island of  the                                                               
causeway.   In these three spots,  he said, the military  had six                                                               
inch guns which would have  triangulated on any enemy ship coming                                                               
in.   There are numerous bunkers  and other things that  are very                                                               
sturdily built  and are some of  the primary historic spots.   It                                                               
is  only accessible  by water,  but it  is a  spot that  is truly                                                               
loved by all those  who visit it.  It is not  a spot where people                                                               
go to fish or hunt, it is  fundamentally a place for a picnic and                                                               
a  hike and  learning  some history.    He said  he  is a  strong                                                               
advocate of this as a  community resource for learning more about                                                               
WWII and  the war's  importance to Alaska  history.   When flying                                                               
into Sitka  the necklace of  islands comprising the  causeway can                                                               
be seen from the air, he noted.                                                                                                 
                                                                                                                                
CO-CHAIR GATTO  thanked Mr. Brandt  for bringing children  out to                                                               
the causeway  and showing them  the difficulties faced  by people                                                               
during WWII.                                                                                                                    
                                                                                                                                
1:36:09 PM                                                                                                                    
                                                                                                                                
ROBERTA FLOOD addressed  the question of why  the causeway should                                                               
be dedicated an  Alaska state park.  She said  she is a landscape                                                               
artist and  is a  member of Sitka  State Parks  Citizens Advisory                                                               
Board.  She presented the following testimony:                                                                                  
                                                                                                                                
     The  cultural  and  natural  history  provided  by  the                                                                    
     causeway will  be a great interpretive  tool for locals                                                                    
     and for the thousands  of visitors Sitka receives every                                                                    
     summer.   The significant  role played out  during WWII                                                                    
     here in  Alaska is  a little known  part of  history to                                                                    
     most Americans.   We have the opportunity  to tell this                                                                    
     chapter of  one of the most  significant and historical                                                                    
     events that have  shaped the world today.   Not only do                                                                    
     we have  a landscape that  served as a backdrop  to the                                                                    
     buildup of  troops in Alaska,  but we  have significant                                                                    
     structures and  remnants to help illustrate  the story.                                                                    
     The   causeway  contains   siting  positions,   gunnery                                                                    
     placements,  and  radio rooms  to  name  a few.    This                                                                    
     interpretive  experience  will  be  unlike  any  museum                                                                    
     experience.   It will be  almost a living  history with                                                                    
     tangible  elements that  will aid  in interpreting  the                                                                    
     scale of  events and  the feeling of  what it  may have                                                                    
     been like  to be a soldier  here during the war  on the                                                                    
     western-most  brink  of  protecting the  United  States                                                                    
     shoreline.   In addition  to this WWII  story, Alaska's                                                                    
     Native  culture  will  be   served  well  by  sensitive                                                                    
     interpretive  of  the  causeway  islands  and  how  the                                                                    
     Tlingit  have served  as stewards  to  these lands  for                                                                    
     generations.   The  islands many  uses such  as hunting                                                                    
     and  fishing   grounds  and  burial  grounds   will  be                                                                    
     recognized and  interpreted with the guidance  with the                                                                    
     Sitka Tribe  of Alaska.   Finally, the  natural history                                                                    
     of  Alaska may  be interpreted  here.   There are  many                                                                    
     stories to  be told  about the geological  formation of                                                                    
     the  islands and  Sitka  Sound,  their colonization  of                                                                    
     plant species, and the sea  life that supports our town                                                                    
     and Native  peoples....   I think it  would be  a great                                                                    
     waste  of our  natural  and cultural  resources to  let                                                                    
     this opportunity pass us by.                                                                                               
                                                                                                                                
1:38:38 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO commented that the soldiers assigned here during                                                                 
WWII probably thought they had pretty good duty.                                                                                
                                                                                                                                
MS. FLOOD agreed.                                                                                                               
                                                                                                                                
1:38:51 PM                                                                                                                    
                                                                                                                                
MARLENE  CAMPBELL,  Director,   Government  Relations,  City  and                                                               
Borough of Sitka,  noted that she has been a  member of the Sitka                                                               
State Parks  Citizens Advisory Board  since the late 1980s.   She                                                               
concurred with  everything that has  been stated.   She explained                                                               
that  since the  1980s Sitka  has  been aware  of the  causeway's                                                               
massive deterioration as a result  of absolutely no management of                                                               
the area.   There have been problems with  graffiti and dangerous                                                               
building deterioration, but  no one was in charge, she  said.  It                                                               
was part  of the  airport management area  and the  Department of                                                               
Transportation &  Public Facilities was theoretically  in charge.                                                               
However,  the agency  had a  hands-off philosophy  and would  not                                                               
allow people out  to maintain the site.  Ms.  Campbell said there                                                               
has now been  much effort to clean up the  alder and provide safe                                                               
pathways to  walk from island to  island and there has  also been                                                               
abatement of the minimal contamination  that was found.  Attempts                                                               
have  been made  since  the  1980s to  obtain  management of  the                                                               
causeway through the National Park  Service, the City and Borough                                                               
of  Sitka,  and  citizens  groups.    Finally,  there  is  now  a                                                               
mechanism  to manage  this extremely  important site  through the                                                               
Alaska  State  Parks system,  and  the  whole community  is  very                                                               
excited  about this.    She  said she  does  not  know of  anyone                                                               
opposed  to this  effort.   Concerns about  ensuring that  Native                                                               
interests are  represented will  be honored.   There  has already                                                               
been  a  Congressional  appropriation  of  over  a  half  million                                                               
dollars specifically  earmarked to  upgrade the area,  she noted,                                                               
and improvements,  interpretation, and  maintenance will  be done                                                               
without  draining  the state's  budget.    There  is a  web  site                                                               
showing pictures of the site.   The City and Borough of Sitka and                                                               
the community strongly  support this effort and  are thankful for                                                               
the work of Representative Wilson and her staff.                                                                                
                                                                                                                                
1:42:02 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  asked whether the  $500,000 from the  cruise ship                                                               
tax has been applied for or is just a consideration.                                                                            
                                                                                                                                
MS. CAMPBELL said  she believes it is just a  consideration.  The                                                               
Sitka  Trail Works  folks have  been very  active on  this.   The                                                               
effort here is to  not be a drain on the  state budget, she said.                                                               
It is  unsafe right now  without a dock  and dock access  is very                                                               
much needed  for small boats.   The proposed dock would  be small                                                               
so it would be unable to handle large cruise ships.                                                                             
                                                                                                                                
1:43:14 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO closed the public testimony.                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  moved to  report the committee  work draft                                                               
for HB  176, labeled 25-LS0181\E,  Bullock, 3/28/07,  as written,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying  fiscal  notes.   There  being  no  objection,  CSHB
176(RES)  was   reported  from   the  House   Resources  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                

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