Legislature(2021 - 2022)BARNES 124
03/16/2022 01:00 PM House RESOURCES
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| HB304 | |
| SJR24 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 304 | TELECONFERENCED | |
| + | SJR 24 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 304-CHUGACH STATE PARK/EAGLE RIVER LIONS CLUB
1:08:28 PM
CHAIR PATKOTAK announced that the first order of business would
be HOUSE BILL NO. 304, "An Act modifying the boundary of Chugach
State Park; directing the sale of land to the Eagle River Lions
Club; and providing for an effective date."
1:08:49 PM
REPRESENTATIVE KELLY MERRICK, Alaska State Legislature, as the
prime sponsor, introduced HB 304. She stated that the bill is
an opportunity for her community of Eagle River, as well as all
Alaskans. Lions Club Park, she continued, is a special place in
the heart of Eagle River where community residents and other
Alaskans have participated in sports, watched their children on
the playground, and attended town meetings, concerts, and fairs.
She thanked the committee for considering the bill and urged its
passage.
1:10:07 PM
JAYME JONES, Staff, Representative Kelly Merrick, Alaska State
Legislature, on behalf of Representative Merrick, prime sponsor
of HB 304, provided an overview of the bill. She explained that
in 1964 the Eagle River Lions Club was granted a special land
use permit by the Department of Natural Resources (DNR) to lands
within Chugach State Park. The original permit was for 20 years
and has been renewed twice. The current permit expires 1/2/24.
Lions Club Park is a popular community park encompassing 40
acres, centrally located in Eagle River at the junction of Eagle
River Road and Eagle River Loop Road. Since finalization of the
1964 agreement the Lions Club has developed the park by building
baseball fields, a clubhouse, and other facilities. The park
has become a recreational staple of the town and many public
events are held there.
MS. JONES specified that a 2013 Alaska Supreme Court decision
requires that permits for use of designated state park land must
be revocable at will. This decision means that DNR cannot issue
a new permit for the Eagle River Lions Club since the facilities
cannot be readily removed. Both the Lions Club and DNR believe
that the Eagle River community will be better served by this
park if the Eagle River Lions Club is allowed to operate the
park under the direct ownership. This requires modification of
the Chugach State Park boundary to remove this land from the
state park. The Land and Water Conservation Fund (LWCF), she
continued, requires that replacement land of equal value be
added to Chugach State Park. She drew attention to a map of the
area and noted that the lighter green color is the boundary of
Chugach State Park, the purple square in the bottom lefthand
corner of the map is Lions Club Park, and the four blue parcels
are the suggested replacement land. A memorandum of
understanding (MOU) between the Eagle River Lions Club and DNR
outlines the terms. Four parcels of general state land will
replace the parcel being transferred to the Lions Club. There
is no cost to the state as the Lions Club will cover fees
incurred by the department and any appraisal costs associated
with all five parcels.
1:12:39 PM
DAN BEUTEL, Natural Resource Specialist III, Division of Parks
and Outdoor Recreation, Department of Natural Resources (DNR),
provided a PowerPoint presentation titled, "Lions Club Park
Chugach State Park." He proceeded to the second slide, "Lions
Club Park," and said Lions Club Park is a popular community park
centrally located in Eagle River that is used for sports,
walking, and community gatherings.
MR. BEUTEL displayed the third slide, "Lions Club Park and
Chugach State Park," and explained that the Eagle River Lions
Club developed and operated Lions Club Park under a series of
permits from DNR, with the current 20-year permit set to expire
1/2/24, and which cannot be renewed. He pointed out that the
organized sports fields, clubhouse with alcohol sales, and
community park make this very different from the rest of Chugach
State Park. Therefore, DNR believes the Eagle River community
will be better served by Lions Club Park if the Eagle River
Lions Club is allowed to operate the park under direct
ownership. This requires modification of the Chugach State Park
boundary that was set in statute by the Alaska State
Legislature.
1:15:47 PM
MR. BEUTEL reviewed the fourth and fifth slides, "Lions Club
Park and Chugach State Park history." Speaking to the fourth
slide, he related that DNR acquired this 40-acre parcel in 1961
as a Mental Health grant and issued a permit to the Eagle River
Lions Club in 1964. The Lions Club began developing the park in
the 1960s and 1970s, building baseball fields, the clubhouse
building, and other facilities. Chugach State Park was
designated by the legislature in 1970, including all state-owned
land in this section, subject to valid existing rights such as
this permit. This section was presumably included because Eagle
River flows through the southern portion of this section.
MR. BEUTEL, speaking to the fifth slide, specified that LWCF
grants from the federal government were first used in Chugach
State Park in 1970, shortly after park designation, and LWCF
grants require the state to preserve the park for outdoor
recreation in perpetuity. Any use other than outdoor recreation
constitutes a "conversion" and requires replacement land be
added to the park of equal value, not area. The Division of
Parks and Outdoor Recreation renewed the Eagle River Lions
Club's permit for two additional 20-year terms, with the current
permit expiring 1/2/24. An Alaska Supreme Court decision in
2013 requires that permits for use of legislatively designated
state parks must be revocable at will. This decision means that
DNR cannot issue a new permit to the Eagle River Lions Club
since the facilities cannot be readily removed.
MR. BEUTEL displayed photographs on the sixth, seventh, and
eighth slides, respectively titled "Lions Club Park activities
and facilities Baseball and Softball fields," "Lions Club Park
Football Tennis Basketball Horseshoes," and "Lions Club
Park Picnic shelter Playground Clubhouse."
1:18:03 PM
MR. BEUTEL discussed the nineth slide, "Chugach State Park." He
informed committee members that the park covers about 485,000
acres of mostly undeveloped mountains stretching from Knik River
Road to Turnagain Arm. Visitor activities include sightseeing,
hiking, ATVing, snowmobiling, skiing, hunting, and fishing.
Facilities are primarily trails, trailheads, campgrounds, and
public use cabins. Unlike Lions Club Park, Chugach State Park
has no facilities for organized team sports. No other Alaska
state park has a facility comparable to Lions Club Park and the
division lacks the experience, funding, or authority to operate
facilities for these types of sports.
MR. BEUTEL continued to the tenth slide, "LWCF Conversion
Replacement Land," and explained that the LWCF requires
replacement land of equal value be added to Chugach State Park
to replace Lions Club Park. Four parcels of general state land
are proposed as the replacement parcels - three in Eagle River
Valley and one on Pioneer Peak. All four proposed replacement
parcels are steep mountains adjacent to Chugach State Park. The
primary current use is wildlife habitat, with occasional use by
hikers or hunters. None of the parcels has any active DNR
authorizations or known development or mineral potential. The
inclusion of these parcels in Chugach State Park will not change
access for hunters, hikers, or others who currently use these
parcels.
MR. BEUTEL moved to the summary table on the eleventh slide,
"LWCF Conversion Replacement land summary." He noted that
values for the parcels listed on the table are based on tax-
assessed or estimated values and that appraisals by a certified
appraiser will be required as part of the LWCF conversion.
1:20:28 PM
MR. BEUTEL turned to the twelfth slide, "Eagle River Parcel 1,"
and stated that this parcel covers 60 acres in the Meadow Creek
Valley, has an estimated value of $150,000, and north of the
parcel are some larger lots that are residential development.
MR. BEUTEL spoke to the thirteenth slide, "Eagle River Parcels 2
and 3," and said these parcels are further out Eagle River Road.
Parcel 2 covers 60 acres on steep slopes near Berryhill Road and
has an estimated value of $135,900. Parcel 3 covers 24 acres on
steep slopes above Eagle River Road [and has an estimated value
of $213,300]. Both parcels are adjacent to existing Chugach
State Park parcels with a handful of private property.
1:21:48 PM
REPRESENTATIVE FIELDS asked whether parcel 3 comes down to the
Eagle River Road right-of-way.
MR. BEUTEL replied that it comes very close but not quite to the
Eagle River Road right-of-way. A section line easement connects
from the road right-of-way to the parcel. That easement is very
steep and while it could be hiked, it likely could not be
developed.
1:22:32 PM
REPRESENTATIVE RAUSCHER asked whether state lands that are not
in the park are what surround parcels 1, 2, and 3.
MR. BEUTEL responded that these parcels are bordered either by
Chugach State Park land or by private land.
1:23:26 PM
REPRESENTATIVE HANNAN said it looks like parcels 2 and 3 abut
Chugach State Park. Regarding parcel 3, she offered her
understanding that a section line easement can be exercised to
access one's property, and that for parcel 3 it doesn't look
like there is much private property. She asked whether there is
a section line easement for parcel 1 that would be exercisable
to access the private property that is two squares inside of it.
MR. BEUTEL answered that the two squares between the proposed
parcel 1 and the existing state park (in green) are accessed by
a road that breaks off from Skyline Drive in Eagle River. There
are platted rights-of-way, so the access practically and legally
would be through that existing road system by the rights-of-way.
Crossing that parcel of state land would not be needed as that
parcel would be an impractical route.
REPRESENTATIVE HANNAN offered her understanding that anyone can
exercise a section line easement to access their private
property. She said she therefore wants to make sure that the
Division of Mining, Land and Water has said there is no section
line easement which could be exercised on parcel 1 to access the
land in those two squares.
MR. BEUTEL replied that he will talk to the Division of Mining,
Land and Water and get back to the committee. However, he said,
there is not a section line that bisects that parcel.
REPRESENTATIVE HANNAN said that would be the answer if no
section line is there, then a section line easement cannot be
accessed.
MR. BEUTEL concurred.
1:27:31 PM
MR. BEUTEL displayed the fourteenth slide, "Parcels 2 and 3,"
and resumed his presentation. He said the photo of parcel 2
shows the steep hillside with birch and spruce trees and the
view across Eagle River from the parcel. Regarding the two
photos of parcel 3, he noted that the bottom one shows Eagle
River Road from the downhill edge of the parcel where the
section line access would provide access for a hiker.
MR. BEUTEL reviewed the fifteenth slide, "Parcel 4 Pioneer
Peak." He specified that parcel 4 by Pioneer Peak [covers
10,160 acres] and is surrounded on two sides by Chugach State
Park land and by private land on the other sides, including
Native lands. He pointed out that the Pioneer Peak Trail heads
uphill and that the first mile of the trail is in the Matanuska-
Susitna Borough.
MR. BEUTEL closed his presentation with the sixteenth slide,
"Conclusion." He said HB 304 directs DNR to complete the LWCF
conversion, retain road and utility rights-of-way, and convey
Lions Club Park to the Eagle River Lions Club. Upon completion
of these steps, he advised, Lions Club Park is secure as a
community park, Chugach State Park boundaries are updated, and
access is unchanged to the Chugach State Park additions for
hunters, hikers, and other park visitors.
1:30:42 PM
REPRESENTATIVE HANNAN remarked that most people who have hiked
Pioneer Peak would be surprised to learn that it is not part of
Chugach State Park. Given that the first mile of the trail is
in the Matanuska-Susitna Borough, she asked whether Chugach
State Park has an agreement to ensure guaranteed access to
Pioneer Peak in perpetuity. She said she supports the proposed
parcels for addition to Chugach State Park.
MR. BEUTEL responded that he will research that access status
and report back to the committee.
REPRESENTATIVE FIELDS commented that securing this area on
Pioneer Peak is of immense public value and from a public value
perspective justifies the Eagle River Lions Club transfer.
1:32:33 PM
REPRESENTATIVE MCKAY asked whether Lions Club Park is within the
Municipality of Anchorage and whether DNR, as the owner, pays
the property taxes on the parcel's estimated value of $1.4
million. He surmised that the term "convey" means to "give" the
land. He further asked whether the Eagle River Lions Club will
be responsible for paying the property tax on that land and what
safeguards there are to ensure that the taxes are paid and to
keep the park from being sold and turned into something else,
like a mobile home park.
MR. BEUTEL answered that a value is assigned for tax assessment
purposes by the Municipality of Anchorage. However, he
explained, the municipality doesn't charge any taxes on state-
owned land; the state's interest in land is exempt from taxation
by local government. Once the land is conveyed to the Eagle
River Lions Club, the club would technically be responsible, but
as a recognized 501(c)(3) nonprofit the club is eligible for a
property tax exemption and thus the Lions Club should not have
to pay property tax. Regarding protection of the property's
status, a clause in the bill provides that DNR will retain
reversionary interest so that if the property is no longer used
as a community park it would revert to DNR.
1:36:33 PM
CHAIR PATKOTAK opened invited testimony on HB 304.
1:36:52 PM
RICHARD FAGG, President, Eagle River Lions Club, provided
invited testimony in support of HB 304. He said Lions Club Park
is the only facility of its kind in the Eagle River/Chugach area
and its importance to the community cannot be emphasized enough.
The community's youth enjoy it for sports and the people enjoy
it for winter and summer recreational activities as well as
attending concerts, so it is hard to imagine the community
without this park. When completed the tennis courts will host
both tennis and pickle ball tournaments and play. A dog park
will also be completed this summer and the playground will be
renovated and new equipment added. The bill will allow the
Lions Club to continue to maintain and promote these activities
for community members and keep the park open for everyone to
enjoy. He urged the passage of HB 304.
1:38:34 PM
CHAIR PATKOTAK opened public testimony on HB 304.
1:39:04 PM
BILL STOLZE, former representative in the Alaska State
Legislature, testified in support of HB 304. He said he has
used Lions Club Park for over 50 years and is now a Lions Club
member. He reminisced regarding how the park used to be and how
it has now grown into a state-of-the-art facility. All of this
has been done without any operating help from state or local
government, although capital help has been received over the
years. There is no charge to anyone for using the facility.
The clubhouse is the largest community facility in the area and
events could not happen without it. As someone who fought for
the permit extensions, he is now glad to see this [transfer]
happen and be permanent.
1:42:06 PM
DAN SADDLER, former representative in the Alaska State
Legislature, testified in support of HB 304. He said Lions Club
Park is a tremendously important asset to the community - it is
the heart of sports, civic, and social activities. The bill is
a win-win because it provides certainty in the ownership of this
facility for Eagle River and provides additional land for
Chugach State Park, which is another important part of the
community and the state. He commended the sponsor for coming up
with a way to resolve this issue that benefits the people of the
community. He urged the committee to pass HB 304.
1:44:09 PM
RYAN JOHNSTON, Second Vice President, Eagle River Lions Club,
testified in support of HB 304. He noted that he is the
building manager at Lions Club Park. He said the bill would
allow the Lions Club to continue managing the property as a
community resource.
1:45:27 PM
WILLIAM AFFLECK, Vice President, Eagle River Lions Club,
testified in support of HB 304. He said he likes the phrases
that have been heard it is a win-win and doesn't cost anything
to the state. But more important, he continued, is the passion
of the Eagle River Lions Club that makes it what it is. The new
children's playground will be accessible for handicapped and
non-handicapped children. Everything is done with volunteers
and donations from the community. He was recruited by an Eagle
River Lions Club member who began volunteering for the club as a
child. It is all about the kids, he stressed, children are the
future, and this is the way to prove it.
1:48:30 PM
STEVE GROHOL, Membership Chairman, Eagle River Lions Club,
testified in support of HB 304. He stated that as an eight-
year-old he raked rocks on the first of the park's now ten
baseball fields. Currently there are two football fields as
well as tennis and basketball courts, horseshoes, and children's
playground. There isn't a better park in Alaska, including
municipal and state government parks, and Lions Club Park is run
by all volunteers and the goal is to make sure the park remains
free to everyone. The club has user agreements with other
groups who then maintain the fields in return for using them at
no charge. Every family in the community has been touched by
the park. He offered his appreciation to DNR for working with
the club to figure out a framework.
1:50:45 PM
CHAIR PATKOTAK closed public testimony on HB 304 after
ascertaining that no one else wished to testify.
1:51:14 PM
REPRESENTATIVE MCKAY asked whether the agreement under the MOU
requires Eagle River Lions Club to pay $50,000 to DNR to cover
DNR's anticipated administrative costs. He further asked
whether the club would have trouble coming up with that money.
MR. FAGG replied that the Eagle River Lions Club has plans for
handling this because it's worth it and the club will ensure it
happens. The club will approach numerous entities for grants,
including entities that have previously made donations. As
well, the club has income streams from gaming activities with
other groups and on its own that will help raise this money.
1:52:46 PM
REPRESENTATIVE CRONK expressed his support for HB 304.
REPRESENTATIVE HOPKINS expressed his appreciation for the
sponsor's work on HB 304 to make this transfer happen.
REPRESENTATIVE HANNAN noted that the advisory board for Chugach
State Park unanimously supports this transfer, the park's
management plan going back several years calls for the transfer,
and Lions Club Park will remain a [community] park after the
transfer. She said she therefore supports the bill.
REPRESENTATIVE RAUSCHER thanked the bill's sponsor for her work.
REPRESENTATIVE SCHRAGE said he associates himself with
Representative Hannan's comments and commends the sponsor for
making a win-win situation happen.
1:55:02 PM
REPRESENTATIVE KEN MCCARTY, Alaska State Legislature, as a co-
sponsor of HB 304, offered comments on the bill. He noted that
Lions Club Park has been there for 60 years and is strictly run
by volunteers. Hundreds, if not thousands, of people in the
community made the park's development happen. He related his
past involvement with the tennis courts and that the cost of
their renovation was only $70,000 due to the work being done by
volunteers and in-kind donations. He pointed out that the park
is not named after any one person, it is simply Lions Club Park
because of the involvement of hundreds of volunteers. It is
known as the park of the people. Bringing in the other parcels
as additions to Chugach State Park solves the issue of Lions
Club Park being an island in the state park system. The bill is
a triple-win because the legislature gets to make a good
decision.
1:57:59 PM
REPRESENTATIVE MERRICK offered closing comments on HB 304. She
noted that the enthusiasm of the witnesses shows the importance
of the bill to the community. She said she hopes to get the
bill through the legislature now because the lease expires in
2024 and some federal permitting needs to be done. She asked
for the committee's support of the bill.
CHAIR PATKOTAK announced that HB 304 was held over.