04/09/2012 01:00 PM House RESOURCES

          HB 295-CLOSING CERTAIN LAND TO MINERAL ENTRY                                                                      
                                                                                                                                
1:23:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON announced that the  first order of business would                                                               
be   HOUSE  BILL   NO.  295,   "An  Act   approving  an   interim                                                               
classification by  the commissioner of natural  resources closing                                                               
certain land within the Glacier  Creek and Winner Creek drainages                                                               
to new mineral entry; and providing for an effective date."                                                                     
                                                                                                                                
1:23:32 PM                                                                                                                    
                                                                                                                                
JULIE  LUCKY, Staff,  Representative  Mike  Hawker, Alaska  State                                                               
Legislature,  offered a  brief  overview of  proposed  HB 295  on                                                               
behalf  of   the  bill  sponsor,  Representative   Hawker.    She                                                               
paraphrased from the sponsor statement:                                                                                         
                                                                                                                                
     HB  295  approves  Mineral   Order  1121  which  closes                                                                    
     certain lands in the upper  Girdwood Valley area to new                                                                    
     mining  claims  and the  intent  of  that is  to  allow                                                                    
     recreational use in  these areas and to  make sure that                                                                    
     incompatible uses  aren't occurring  on the  same land.                                                                    
     The land  has been  historically used  for recreational                                                                    
     purposes.    I believe  mining  closures  have been  in                                                                    
     place  since the  90s, but  DNR [Department  of Natural                                                                    
     Resources] can  give us a  little bit  more information                                                                    
     on  that.   The state,  the Municipality  of Anchorage,                                                                    
     the  community of  Girdwood have  all designated  these                                                                    
     lands for  recreational use  in their  management plans                                                                    
     and  the approval  of  HB 295  and  Mineral Order  1121                                                                    
     would  allow more  long  range  plans for  recreational                                                                    
     opportunities to develop.                                                                                                  
                                                                                                                                
1:24:31 PM                                                                                                                    
                                                                                                                                
MS. LUCKY  stated that the  mining closure was also  supported by                                                               
the Alaska Miners Association.                                                                                                  
                                                                                                                                
1:24:44 PM                                                                                                                    
                                                                                                                                
MS.   LUCKY  directed   attention  to   the  proposed   Committee                                                               
Substitute (CS) and asked if the committee wanted to address it.                                                                
                                                                                                                                
[Co-Chair Seaton passed the gavel to Co-Chair Feige.]                                                                           
                                                                                                                                
1:24:55 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE directed Ms. Lucky to discuss the proposed CS.                                                                   
                                                                                                                                
1:25:05 PM                                                                                                                    
                                                                                                                                
MS.   LUCKY  directed   attention  to   the  proposed   committee                                                               
substitute  (CS)  for  HB   295,  Version  27-LS1246\B,  Bullock,                                                               
4/4/12,  [Included  in  members'   packets]  and  explained  that                                                               
Version B  added Section 3  on page 3.   She detailed  that prior                                                               
legislation in 2003 had not  included two specific federal mining                                                               
claims  when  closing other  claims.    She clarified  that  this                                                               
amendment had  also required a title  change and a change  to the                                                               
intent language of proposed HB 295.                                                                                             
                                                                                                                                
1:26:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON asked  if there  was any  opposition to                                                               
the proposed CS for HB 295.                                                                                                     
                                                                                                                                
MS.  LUCKY replied  that  no statements  to  opposition had  been                                                               
received by her  office, and that there was  no opposition during                                                               
the public  process for  the mineral closing  order.   She shared                                                               
that  there  had  been  expressed   concern  with  an  indefinite                                                               
closure,  as prior  closures  had all  been for  10  years.   She                                                               
pointed out that the temporary orders  had been to allow a review                                                               
of the  land use for  recreational activities.  She  stated that,                                                               
as  the   land  had  been   used  for   recreational  activities,                                                               
Department   of  Natural   Resources  (DNR)   had  supported   an                                                               
indefinite closure.                                                                                                             
                                                                                                                                
1:27:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DICK, referring  to  the letter  from the  Alaska                                                               
Miners Association,  Inc., [Included  in members'  packets] asked                                                               
if the request  by the association to reverse  the closure orders                                                               
should recreational activity cease was included in Version B.                                                                   
                                                                                                                                
1:27:26 PM                                                                                                                    
                                                                                                                                
MS. LUCKY  deferred to DNR  for any discussion regarding  the re-                                                               
opening of  the area to  mining claims.   She offered  her belief                                                               
that there was  a process for this which  would require statutory                                                               
action.                                                                                                                         
                                                                                                                                
1:27:58 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE opened public testimony.                                                                                         
                                                                                                                                
1:28:16 PM                                                                                                                    
                                                                                                                                
DIANA  LIVINGSTON,  Co-Chair,  Girdwood  2020,  referred  to  her                                                               
letter of  support from February  17, 2011 [Included  in members'                                                               
packets]  which  outlined the  support  by  Girdwood 2020.    She                                                               
stated that, during  the period of successive  tenure closures to                                                               
mining,  Girdwood 2020  had  always  supported recreational  use,                                                               
which  she declared  to have  intensified in  the past  10 years.                                                               
She declared support for proposed HB 295.                                                                                       
                                                                                                                                
1:30:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON moved  to adopt the  proposed committee                                                               
substitute  (CS)  for  HB   295,  Version  27-LS1246\B,  Bullock,                                                               
4/4/12,  as the  working  document.   There  being no  objection,                                                               
Version B was before the committee.                                                                                             
                                                                                                                                
1:30:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DICK   requested  to  hear  testimony   from  DNR                                                               
regarding  mineral development  should the  order for  closure be                                                               
reversed.                                                                                                                       
                                                                                                                                
1:30:52 PM                                                                                                                    
                                                                                                                                
WYN MENAFEE,  Chief of Operations,  Division of Land,  Mining and                                                               
Water,  Department  of  Natural Resources,  stated  that,  should                                                               
proposed HB 295  become law, it would take a  statutory change to                                                               
reverse.    He declared  that  mineral  closing orders  could  be                                                               
reversed  with an  administrative  action for  an interim  order,                                                               
which would then be brought to the legislature for approval.                                                                    
                                                                                                                                
1:31:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ asked  if  there was  any existing  mineral                                                               
activity that would be affected by proposed HB 295.                                                                             
                                                                                                                                
1:31:50 PM                                                                                                                    
                                                                                                                                
MR.  MENAFEE  replied  that  any existing  claims  would  not  be                                                               
affected, as this would only apply to new claims.                                                                               
                                                                                                                                
1:32:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK asked  if the proposed bill  would create any                                                               
issues for access to the existing mineral claims.                                                                               
                                                                                                                                
1:32:30 PM                                                                                                                    
                                                                                                                                
MR.  MENAFEE  replied that  the  mineral  closing order  did  not                                                               
dictate how  the land would  be used,  other than to  prevent any                                                               
future claims  for mining.   In response to  Representative Dick,                                                               
he  declared that  there would  not be  any problems  with mining                                                               
equipment being transported in or out.                                                                                          
                                                                                                                                
1:33:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON moved to  report HB 295, as amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying zero fiscal  notes.  There being  no objection, CSHB
(RES) was reported from the House Resources Standing                                                                         
Committee.