03/23/1994 03:37 PM Senate RES

 CHAIRMAN MILLER called the Resources Committee meeting to order at            
 3:37 p.m. and announced  SB 293  (NATIVE ALLOTMENTS ON STATE LAND) to    to   
 be up for consideration.                                                      
                                                                               
 SENATOR JACKO, sponsor, said this bill would resolve one of the               
 conflicts in Wood-Tikchik State Park.  He explained there were no             
 provisions in statute for transferring land owned by native                   
 allottees within a state park or any other designated state land              
 area and that's what this bill does.                                          
                                                                               
 SENATOR LEMAN asked why people would want to get rid of parcels               
 that are on state land.  SENATOR JACKO answered that the state is             
 concerned that the people who have the 80 acre parcels will                   
 subdivide the land and build lodges.  He explained that the native            
 allotment requirements don't require that the land has to be used             
 at the time you filed the claim.                                              
                                                                               
 RON SWANSON, Director, Division of Lands, said he strongly supports           
 this bill.  He said the difference between this bill and other                
 bills is that it allows any native allotment anywhere on state land           
 to relocate.  The other three bills only allow native allotments              
 located within state parks to relocate to other state land.  SB 293           
 has a much wider public appeal.  SENATOR JACKO noted that in this             
 bill the Commissioner has the authority to make the transfer and in           
 SB 339 the Director has the authority.                                        
                                                                               
 SENATOR MILLER asked how many people would take advantage of this             
 legislation.  SENATOR JACKO said of the 159 allotments identified             
 statewide, 104 of them are in Wood-Tikchik State Park.  MR. SWANSON           
 said this bill does cover all native allotments on all state land.            
 He said the vast majority of the applicants would be in Wood-                 
 Tikchik State Park, Denali State Park, and the Haines Bald Eagle              
 Preserve.                                                                     
 SENATOR FRANK asked if there was a use conflict also.  MR. SWANSON            
 answered that native allotments were different than other                     
 inholdings, because the use and occupancies establish the original            
 date.  The application could have come in as late as 1971 which               
 isn't important.  Under his proposal the applicant, the DNR, and              
 the BLM would all have to agree.                                              
                                                                               
 SENATOR FRANK asked what if the allottee wants to stay within the             
 state park unit.  MR. SWANSON explained that it would go through              
 the adjudication process.  BLM would have to determine if it was a            
 valid claim.  They would then request the DNR to reconvey the land            
 to BLM; they would make a best interest finding and if the answer             
 is no, the only resort is for the federal government Department of            
 Justice to sue the state to reclaim title to the land.  This does             
 happen quite often and takes a long time, he said.                            
                                                                               
 PERRY AHSOGEAK, Realty Director for the Tanana Chiefs Conference,             
 read a statement in support of SB 293.                                        
                                                                               
 TOM HAWKINS, Sr. Vice President, Bristol Bay Native Corporation,              
 said SB 293 is a useful tool for state land managers.  He supported           
 it strongly.                                                                  
                                                                               
 Number 300                                                                    
                                                                               
 DIANE STEVENS, Realty Officer, Arctic Slope Native Association,               
 Ltd., supported SB 293.                                                       
                                                                               
 SENATOR LEMAN moved to pass SB 293 from Committee with individual             
 recommendations.  There were no objections and it was so ordered.