03/30/1994 01:48 PM Senate JUD

 S/JUD - 3/30/94                                                               
 SENATOR TAYLOR brought  SB 280  (ESTABLISH AFOGNAK ISLAND STATE PARK)    K)   
 before the committee as the next order of business.  He directed              
 attention to backup material and explained it is the legislation by           
 which the State of Alaska would accept the areas (shaded in yellow            
 on the front of the material) that are being purchased from the               
 Native corporation by the federal government, through the trustees,           
 utilizing funds from the Exxon oil sale.  He also noted there was             
 a draft committee substitute before the committee for its                     
 consideration.                                                                
                                                                               
 CRAIG TILLERY, Assistant Attorney General, Department of Law,                 
 stated he works with the trustee council and was involved in doing            
 the work on the purchase of the land.  He explained the land was              
 acquired by the Exxon Valdez Trustee Council, and it was land that            
 was originally sought by the Department of Interior for inclusion             
 in a nearby national wildlife refuge.  The state trustees on the              
 Trustee Council objected to that, indicating their views that the             
 land had much more in common with nearby Shuyak State Park, and               
 they requested that the state be given the opportunity to acquire             
 the land.  It was agreed that the state would have that                       
 opportunity, that they would have one year from the date of                   
 purchase in order to include the land within a state park.  The               
 purchase was completed on November 23, 1993, and, if the land is to           
 come within state ownership, the Legislature must create the park             
 by November of this year.                                                     
                                                                               
 Mr. Tillery pointed out that SB 280 has received wide support from            
 the Kodiak Island Borough, the City of Kodiak, the Kodiak Chamber             
 of Commerce, a variety of fishing groups, timber groups, etc.                 
                                                                               
 Mr. Tillery said the bill has provisions in it which say that the             
 status as a state park shall not impair uses of owners of land                
 nearby or adjacent to the state park.  He added there is no intent            
 to interfere with valid existing rights which would include the               
 road use agreement.  The bill also contains a mandatory section               
 that requires reasonable access for hunting, fishing, trapping,               
 etc.                                                                          
                                                                               
 Mr. Tillery noted that Senator Taylor had asked that the department           
 look into the issue of the cost this acquisition might have in                
 terms of jobs.  He said the mayor and the people in Kodiak view               
 this as a job enhancer.  The money that was paid to the Native                
 corporation is being put in trust fund for use by the people for              
 the development and sustaining of jobs.                                       
                                                                               
 Number 314                                                                    
                                                                               
 SENATOR LITTLE asked for Mr. Tillery's comments on the proposed               
 committee substitute.  MR. TILLERY said he didn't think the                   
 committee substitute changes any of the legal descriptions or the             
 uses of the land.  He said it deals with a matter not particularly            
 connected with Afognak Island State Park in the sense that it                 
 appears to adopt a no net loss policy for multiple use lands.  He             
 added that it would not invalidate the deal with the state and the            
 Trustee Council.                                                              
                                                                               
 Number 345                                                                    
                                                                               
 SENATOR HALFORD moved that CSSB 280(JUD) be adopted.  SENATOR                 
 LITTLE objected, stating that she disagrees with some of the                  
 findings in the bill, and she disagrees that when designating                 
 additional park land that it requires removing that same amount of            
 acreage from park designation.  SENATOR TAYLOR responded that he              
 didn't know how in good faith to the public we could possibly                 
 accept and create another 44,000 acres of park lands when we can't            
 even manage 18 parks that already have some level of development in           
 them.  He added that if this is precious enough property that we              
 need to go get it, then we should be willing to say to the public             
 that we're going to do something with this one, and we should give            
 up some of the ones that we currently can no longer afford to                 
 maintain.                                                                     
                                                                               
 SENATOR TAYLOR stated there would be roll call vote on Senator                
 Halford's motion to adopt the committee substitute.  The roll was             
 taken with the following result:  Senators Jacko, Taylor, Halford             
 voted "Yea" and Senator Little voted "Nay."  The Chairman stated              
 CSSB 280(JUD) was adopted.                                                    
                                                                               
 Number 385                                                                    
                                                                               
 SENATOR JACKO moved that CSSB 280(JUD) be passed out of committee             
 with individual recommendations.  SENATOR LITTLE objected.  The               
 roll was taken with the following result:  Senators Jacko, Halford            
 and Taylor voted "Yea" and Senator Little voted "Nay."  The                   
 Chairman stated the motion carried.