04/06/1994 01:40 PM Senate JUD

 SENATOR TAYLOR introduced SB 293 (NATIVE ALLOTMENTS ON STATE LAND)            
 and invited the sponsor, SENATOR GEORGE JACKO, to review the bill.            
                                                                               
 SENATOR JACKO explained the bill would resolve long-standing Native           
 allotment applications in Wood-tikchik State Park, the state is               
 proposing two options that will circumvent federal adjudication and           
 quicken the process.  The state Department of Natural Resources is            
 offering to  relocate allotments in the state park to unencumbered            
 parcels of equal size anywhere in the state.                                  
                                                                               
 There was a discussion between SENATOR TAYLOR and SENATOR JACKO               
 about which state lands would be exchanged, the value basis of the            
 exchanged land, and whether it would be an acre for acre exchange.            
 SENATOR JACKO explained it would be on an acre for acre exchange.             
                                                                               
 SENATOR JACKO said it would provide an opportunity for an allotment           
 applicant with a valid application as of December 18, 1971 and                
 whose application remains pending as of October 14, 1992, to amend            
 the applicants land description.  He said the exchange is purely              
 voluntary on the part of the allottee.  This legislation resolves             
 allottee/State conflicts over land primarily in State park areas.             
                                                                               
 SENATOR DONLEY asked about a clear title to the exchanged land, and           
 SENATOR JACKO said there would be clear titles.                               
                                                                               
 SENATOR JACKO directed his aide, BRYCE EDGMON, to continue the                
 testimony.                                                                    
                                                                               
 "The allotments originally came under the Native Allotment Act of             
 1906, which was sunsetted in 1991 with the passage of the Alaska              
 Native Claims Settlement Act.  As a result, many applications for             
 allotments were filed in 1971.  But in 1961 the State had selected            
 land that is now Wood-Tikchik State Park as part of its statehood             
 entitlement.                                                                  
                                                                               
 The park itself was created in 1978 with the mandate to protect the           
 area's fish and wildlife breeding and support systems, and to                 
 preserve the continued use of the area for subsistence and                    
 recreation.                                                                   
                                                                               
 Applicants for allotments in the state park must prove use and                
 occupancy of their parcel to the potential exclusion of others                
 prior to 1961."                                                               
                                                                               
 SENATORS JACKO, LITTLE, and DONLEY discussed with MR. EDGMON as to            
 who makes the selections, the 1971 claims, customary use and                  
 trapping, the role of the Bristol Bay Native Corporation, protected           
 areas, and no-net loss.  SENATOR LITTLE asked about the amount of             
 land involved, and SENATOR JACKO answered it was 1.6 million acres.           
                                                                               
 SENATORS TAYLOR and HALFORD discussed possible claims, where the              
 land was located within the state parks, the number of acres, trust           
 land, replacement land, BLM land, tax advantages, and the manner in           
 which the lands were to be swapped.                                           
                                                                               
 TOM HAWKINS, of the Bristol Bay Native Corporation was brought into           
 the discussion, and his remarks are quoted from the BRISTOL BAY               
 TIMES:                                                                        
                                                                               
 "This past summer, on the urging of TOM HAWKINS, chief executive              
 officer of the Bristol Bay Native Corporation, a meeting was held             
 with representatives of the state DNR, the federal BLM, BBNC and              
 BBNA.                                                                         
                                                                               
 Out of that came an agreement that BLM would work on 10 case files            
 a month during the winter, meaning that it would send out 90-day             
 letters for ten applicants each month.  The letters give notice of           
 interested parties that they have 90 days to make comments for or             
 against the application.                                                      
                                                                               
 Last year, REPRESENTATIVE DON YOUNG sponsored an amendment to ANCSA           
 that allows valid alotees to relocate their parcel of state land to           
 other state land.  The relocation must be voluntary.  The state DNR           
 and REPRESENTATIVE LYMAN HOFFMAN are seeking a similar amendment to           
 state law."                                                                   
                                                                               
 The was considerably more discussion on natural resources, the                
 Statehood Act, the BLM, state park land, trespassing, title                   
 problems, and many options.                                                   
                                                                               
 SENATOR HALFORD moved to pass SENATE BILL NO. 293 (NATIVE                     
 ALLOTMENTS ON STATE LAND) from committee with individual                      
 recommendations.  Without objections, so ordered.