Legislature(1995 - 1996)

02/12/1996 03:36 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 SRES 2/12/96                                                                  
                                                                               
        SB 230 LEG APPROVE PERM'NT RECREAT'NL RESTRICT'N                      
                                                                              
 SENATOR LEMAN announced  SB 230  to be up for consideration.                  
                                                                               
 SENATOR PEARCE, prime sponsor, said the bill was introduced to                
 protect Alaskan's rights to access State water and land for                   
 recreational use in a time when the federal government continues to           
 restrict and prohibit our access to many areas of the State.                  
                                                                               
 Alaskans are presently losing rights to traditional recreational              
 use on some State land and park lands without appropriate                     
 notification or justification.  Citizens believe the public comment           
 process is not being fairly administered and all user groups are              
 not being represented.  In some instances authority to restrict and           
 prohibit uses on State land are being transferred from the Division           
 of Lands to the Division of Parks and Outdoor Recreation.                     
 Nonrestricted areas of our State are being closed without proper              
 oversight by the legislature.  Decisions to deny access for                   
 recreational use, because of its importance, have always been made            
 by the legislature.  The Constitution of the State of Alaska                  
 recognizes the importance of land closures and mandates that all              
 closures over 640 acres must be legislatively designated.  We must            
 continue to make provisions for dealing with lands under 640 acres.           
                                                                               
                                                                               
 Language in SB 230 would ensure that all Alaskans have proper                 
 representation by their elected officials.                                    
                                                                               
 Number 420                                                                    
                                                                               
 Under legislative options, Option I deals with Title 38 Land                  
 Classifications by the Division of Lands.  Option II would be that            
 the legislature mandate the Division of Parks and Outdoor                     
 Recreation to obtain legislative approval for restrictions to                 
 traditional recreational use in lands that have come to them                  
 through the transfer process called Interagency Land Management               
 Agreement (ILMA).                                                             
                                                                               
 Option III would be to put language into Title 41 under Parks that            
 would implement legislative oversight on the Division of Parks and            
 we could also go back and make a change to Title 38.                          
                                                                               
 SENATOR PEARCE explained that a fully integrated concession is                
 developing in Denali Park and the Division of Parks is trying to              
 close certain areas around the proposed hotel with new regulations            
 in an effort to stop parts of the development and to restrict what            
 may be a future problem.  The reasons for the restrictions are that           
 numerous eco-tourism businesses and conservation organizations                
 favor the restrictions.  In opposition to the proposal are                    
 businesses like ERA helicopters and Princess Tours (to the                    
 helicopter prohibition).  Groups like the Alaska Air Carriers                 
 Association and the Alaska Visitors Association also oppose the               
 aircraft restrictions.  She said that when the Division writes                
 regulations it is biased toward closing areas.  The approximately             
 360 acres south of Blair Lake is territory that is being                      
 transferred through an ILMA.                                                  
                                                                               
 SENATOR PEARCE said in areas that have been set aside as parks                
 lately there have been very strict instructions about what they can           
 do to prohibit access to an area.  She commended the Division of              
 Parks for going ahead and doing a concession so there can be a                
 hotel, but she thought they were going too far when they closed off           
 Curry Ridge, which has been traditionally used for access by people           
 who have lived in the State.                                                  
                                                                               
 SENATOR PEARCE noted that there hadn't been any restrictions put on           
 lands during the last Administration, but they do expect a number             
 of them in this Administration.  She thanked everyone who helped on           
 this bill and said she was willing to work with the Committee and             
 all interested parties about which title the bill would be in and             
 which direction to go.                                                        
                                                                               
 Number 351                                                                    
                                                                               
 CHUCK JOHNSON, President, Era Aviation Inc, said the federal                  
 government continues to restrict public access to our parks which             
 by definition are large tracts of rural land kept in their rural              
 state for recreational visitors.  Without access visitors cannot              
 enjoy the activities available within the boundaries of the parks.            
 There are few road accesses and visitors must be physically fit               
 enough to hike in or use other forms of transportation such as                
 boats, airplanes, snow machines, etc.                                         
                                                                               
 MR. JOHNSON said that the DNR proposal to prohibit helicopter                 
 landings is mostly because of a perceived noise issue.  They have             
 found that most restrictions to aircraft access have been                     
 implemented without consideration of the scientific study process,            
 but are based on emotional argument by well-orchestrated special              
 interest groups.  He noted that they had just been allowed to renew           
 their glacier landing permit and the U.S. Forest Service determined           
 that noise was a non-problem.                                                 
                                                                               
 Placing the responsibility for limiting access to public land in              
 the legislature where the voting public must be answered appears to           
 be in the public interest.                                                    
                                                                               
 In addition, MR. JOHNSON said, present commercial regulations                 
 already restrict commercial access to public lands.  As a                     
 commercial aircraft operator, they must obtain commercial use                 
 permits prior to landing.                                                     
 Number 295                                                                    
                                                                               
 RON SWANSON, Deputy Director, Division of Lands, said this                    
 legislation is way too broad.  It seems to apply Title 41 concerns            
 to Title 38.  The vast majority of ILMA's have been issued to the             
 Department of Transportation for a wide variety of things from                
 materials sites to airports and to the Department of Education for            
 schools.  He thought it was proper for them to report restrictions            
 they do for any kind of access to the legislature.                            
                                                                               
 He noted that the recreational rivers issue was before the                    
 legislature for two years and no action was taken.  Regulations               
 were adopted and there were some motorized restrictions, most                 
 notable being on the Susitna River.  He thought that the                      
 legislature should review restrictions, but taking a shot at Title            
 38 would open up a can of worms much larger than they would want to           
 deal with.                                                                    
                                                                               
 SENATOR TAYLOR said it looked like DNR transferred to the Division            
 of Parks lands that they intend to lock up.  He asked if they were            
 aware of that intent when it was transferred.  MR. SWANSON replied            
 that he was not aware of it, but that the Division of Parks also              
 goes through a public process.                                                
                                                                               
 SENATOR TAYLOR asked now that it has occurred, was he intending to            
 revoke the ILMA?  MR. SWANSON replied that they didn't plan to.               
                                                                               
 JIM STRATTON, Director, Division of Parks and Outdoor Recreation,             
 said he had been working with Senate staff to focus the intent of             
 this legislation on ILMAs where Division of Parks has restricted              
 traditional recreational access for intrinsic value.                          
                                                                               
 Historically, ILMAs have been used since the park system was                  
 created in 1970 to provide for camp grounds, trail heads, boat                
 launch facilities, and picnic areas throughout the State.  These              
 are developed recreational sites, primarily on the road system that           
 provide the economic base for many road system communities.  Many             
 of the original ILMAs came as federal 507 lands, recreational lands           
 managed by the federal government transferred to the State so long            
 as recreational use of that land continued.  They have received               
 other ILMAs from general State land through transfers from the                
 Division of Lands.                                                            
                                                                               
 Since 1970 the Division of Parks has received 95 ILMA's for a total           
 of 9,258 acres; these acres were reserved primarily for developed             
 recreational facilities that require them to restrict vehicular               
 access other than on road ways or in parking lots as set forth in             
 11.AAC.12.020. In many areas the closures do not impact any                   
 existing recreational access where the access was determined to be            
 a public safety hazard for the purpose for which the land was                 
 selected.  In all areas access is not denied to adjacent land                 
 owners or inholders that have no other reasonable means of                    
 accessing their property.  In the 1989 revision of the Denali State           
 Park Master Plan, which went through two years of public                      
 involvement, ILMAs were used to address areas on the edge of the              
 park for management purposes.  Division of Parks didn't have any              
 developed recreational sites for those areas.  They chose to close            
 Blair Lake to aircraft use.                                                   
                                                                               
 MR. STRATTON said they seldom close lands on ILMAs to traditional             
 recreational access for intrinsic reasons.  When they do, the                 
 legislature should review their decision.  He suggested that                  
 Division of Parks provide a written report to the legislature at              
 the beginning of each session that lists those ILMAs they have                
 chosen to restrict traditional recreational access to protect                 
 intrinsic values.  If the legislature disagrees with their decision           
 they should have a specific period of time, 60 - 90 days, in which            
 to disallow their action.                                                     
                                                                               
 Number 180                                                                    
 SENATOR LEMAN asked which access is allowed when land is received             
 through an ILMA.  MR. STRATTON replied that when land is                      
 transferred to the Division of Parks it is under Title 41 and when            
 they receive land under Title 41, all vehicular access other than             
 those on roadways or parking areas is restricted.  If there is an             
 existing access that needs to be addressed and it's compatible with           
 the uses for which they received the ILMA, then they promulgate               
 regulations to open those areas for that recreational use.                    
                                                                               
 SENATOR LEMAN asked under his proposal for legislative                        
 disallowance, would some of the restriction take place before the             
 legislature had a chance to review it or would they delay the                 
 implementation of it until their review.  MR. STRATTON replied that           
 under existing rules in Title 41, it would come in as restricted.             
                                                                               
 SENATOR TAYLOR asked him what intrinsic values motivated them to              
 close Blair Lake, Bunch Lake, Curry Ridge, and Kasugi Ridge.  MR.             
 STRATTON replied that one of the unfinished pieces of business that           
 was handed him when he took his office was to promulgate                      
 regulations that would implement the Denali Master Plan that was              
 revised in 1989.  That master plan called for the closure of Kasugi           
 and Curry Ridge to aircraft use.  This plan was adopted by the                
 Department after two years of public involvement.  The ILMA was put           
 in for Blair Lake as a result of the master plan.  Closing Blair              
 Lake is consistent with other regulations made for adjacent land.             
                                                                               
 Number 133                                                                    
                                                                               
 NOEL WOODS, Matanuska Valley Sportsmen, said they have 400 members            
 and they enthusiastically support the sponsor statement and                   
 recommend that the Committee pass SB 230.                                     
                                                                               
 ROY BURKHART, Legislative Affairs Officer, Alaska Boating                     
 Association, supported SB 230 for a lot of reasons.  He didn't                
 think any bureaucrat should have the power to restrict access to              
 the tourist industry or to the residents of the State.  He thought            
 the only reason to have a restriction is for special interest                 
 groups.                                                                       
                                                                               
 Number 82                                                                     
                                                                               
 STEVE MORGHEIM, Alaska Marine Dealers Association, said their                 
 association is composed of 70 firms and employs about 340                     
 employees, have $7 million in payroll and does about $40 million in           
 retail sales every year.  He said it is more difficult for their              
 dealers to do business when there are more and more concerns about            
 river restrictions.  He supported the sponsor statement and SB 230.           
                                                                               
                                                                               
 MR. MORGHEIM suggested adding the words "motorized and non-                   
 motorized" in front of the word "boating."  Where it says "The                
 Commissioner may not classify State lands,"  he suggested including           
 "or manage."  He also wanted to add "trucks, pickups, and RV's" in            
 section 2, because these vehicles are prime movers in getting boats           
 into lands.                                                                   
                                                                               
 TAPE 14, SIDE A                                                               
 Number 001                                                                    
                                                                               
 SENATOR TAYLOR asked Mr. Stratton to explain page 72 of the Denali            
 Master Plan where it says "protect public access between the park             
 and the lake."  MR. STRATTON said he didn't have a copy of the                
 Master Plan with him, but would get back to him with that answer.             
                                                                               
 JANA LITTLEWOOD, Vice President, Anchorage Snowmobile Club, said              
 they have 700 members.  They were originally formed as a social               
 family-oriented club and now they have a constant battle retaining            
 access to the lands where they ride.  The definition of public                
 lands is for everyone's enjoyment.  They think the park lands under           
 Title 41 should be included in SB 230.  She urged the legislature             
 to authorize funding for the update and revision of the Chugach               
 State Park Master Plan which was last updated in 1985.  The Plan              
 requires detailed notice to the public of the time table for                  
 completion as well how the entire program would be managed.  She              
 encouraged the legislature to reserve the final right of approval             
 on all park master plans to bring some acceptability back into the            
 public lands management process.                                              
                                                                               
 RANDY CROSBY said in Title 41 parks are set aside to basically                
 eliminate some incompatible user groups such as the timber and                
 mining industries and things they wouldn't want in areas they want            
 for viewing and recreation.  Title 41 says that parks are to be               
 managed in the citizens' best interests while protecting the                  
 resources.  He thought Blair Lake was a perfect example of this not           
 happening.  The folks who access Blair Lake by aircraft have been             
 in Alaska a long time, they make their living up here; and in some            
 cases have been using the land longer than the State has been a               
 state.  He didn't think restricting Blair Lake to aircraft was a              
 good idea.                                                                    
                                                                               
 Number 165                                                                    
                                                                               
 KEN RIVARD, Alaska Airman's Association, strongly supported SB 230.           
 He suggested including the commissioner of ADF&G along with the               
 commissioner of DNR, because there are motorized restrictions in              
 hunting regulations, too.  His concern was specifically with float            
 plane landing areas, Title 41.23.400, 11.AAC.09.010.  The                     
 definition is extremely broad and ambiguous.                                  
                                                                               
 Number 177                                                                    
                                                                               
 LEONARD HAIRE, President, Mat-Su Chapter Alaska Boaters                       
 Association, said they supported SB 230 and he would like to                  
 testify when the Committee has more time.  His Association has                
 about 500 members.                                                            
 GEORGE PIASKOWSKI, President, Alaska Boating Association, said he             
 has 600 members.  He agreed in the interests of time to fax his               
 statement to the committee.                                                   
                                                                               
 CLIFF EAMES, Alaska Center for the Environment, opposed SB 230.  He           
 thought the legislature would be getting into a level of detailed             
 management that just isn't efficient.  The existing planning and              
 classification procedures which involve a great deal of public                
 participation are adequate.  They are also afraid that this bill              
 would make it more difficult to redress the existing imbalance                
 between the vast majority of our public domain lands which are open           
 to virtually unregulated motorized use as opposed to those tiny               
 areas that have been set aside for quiet purposes.                            
                                                                               
 He said there are many areas for snowmachine use and their goal is            
 to provide some opportunities for Alaskans and visitors, many who             
 want to escape urban noise.  We are doing a terrible job at the               
 present time on our State lands at providing those opportunities.             
 It's ironic, he said, that this bill addresses so-called                      
 traditional motorized uses.  Using skis and snow shoes, hiking                
 boots and canoes is far more traditional than the motorized                   
 recreational uses which are very recent.                                      
                                                                               
 MR. EAMES explained that certain types of motorized access that               
 conflict with other types of access are being restricted in just a            
 handful of places.  It is not a denial of access; there are still             
 ways to get into these areas.                                                 
                                                                               
 MR. EAMES said that they disagree with the comment regarding                  
 "perceived" noise issue with helicopters.  It may be with certain             
 resources helicopters are not a problem, but a lot of people on the           
 ground think that helicopter noise is a conflict.  Helicopter                 
 landing proposals have been extremely controversial in southcentral           
 Alaska.                                                                       
                                                                               
 Number 296                                                                    
                                                                               
 KEN BAEHR, an Anchorage snowmobile dealer, supported SB 230.  He              
 said the snowmobile industry directly contributes about $100                  
 million annually to the Alaskan economy.  The snowmachine industry            
 is changing dramatically; it helps people who are no longer                   
 physically able to hike into public parks.  Access includes                   
 increased winter tourism which is one of the goals of the Alaska              
 legislature in diversifying the economy.                                      
                                                                               
 We need to remember there are many villages and towns within the              
 State where the only access is by snowmachine.  He noted that there           
 is only one area available to snowmachines in the Chugach State               
 Park.                                                                         
                                                                               
 Number 323                                                                    
                                                                               
 CARL PORTMAN, Communications Director, Resource Development                   
 Council, supported the intent of SB 230.  Over 60 percent of the              
 State is in federal ownership and much of the land is managed with            
 a wilderness emphasis for those who demand solitude.  Our parks can           
 be a contributor to our future economy, but only if there is access           
 for the public and visitors. We need to encourage access so Alaska            
 can continue to compete with other national and international                 
 tourist destinations.  They believe these decisions need to be made           
 at the legislative level.                                                     
                                                                               
 MR. STRATTON responded to Senator Taylor's question on page 72 of             
 the Denali Master Plan by stating that the public access that was             
 being protected was the strip of land between Blair Lake and the              
 Park so the Division of Land wouldn't go in and put it up for                 
 disposal that would deny access.  It doesn't speak to access on the           
 Lake itself.                                                                  
                                                                               
 ROD ARNO, President, Alaska Outdoor Council, said they represent              
 over 10,000 Alaskans.  They supported SB 230 and Senator Pearce's             
 sponsor statement.  His concerns are in the future when primary               
 tourism zones are being considered for closures to access, because            
 they represent a favored economic activity, that instead of                   
 Princess Tours and the AVA deciding which are the primary tourism             
 zones that the public process be brought into the decision.  The              
 user groups who live in Alaska should have some input before public           
 access is closed.                                                             

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