Legislature(1995 - 1996)

03/13/1996 03:50 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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        SB 230 MANAGEMENT OF PARKS & RECREATIONAL AREAS                       
                                                                              
 SENATOR PEARCE announced SB 230 to be up for consideration and that           
 they will consider a proposed CS, Luckhaupt/K/3/11/96.                        
                                                                               
 SENATOR TAYLOR moved to adopt the CS to SB 230.  There were no                
 objections and it was so ordered.                                             
                                                                               
 SENATOR PEARCE explained that the changes were substantial and                
 narrowed the focus of the effort to Title 41.  It adds a section              
 requiring the Department to give the legislature a list on an                 
 annual basis that tells them what designations of incompatible uses           
 that would either prohibit or restrict the traditional means of               
 access, what of those they have done and what their reasons were.             
 It also further defines traditional means of access and                       
 recreational activity.                                                        
                                                                               
 Section 2 has a new subsection saying the Department may not manage           
 as special purpose park land those areas not inside park boundaries           
 as designated by the legislature.  She explained that one of the              
 reasons she introduced this bill is because Blair Lake is outside             
 the boundaries of Denali Park.  However, because Division of Lands            
 transferred that Lake to the Division of Parks through an ILMA,               
 Division of Parks closed that lake to traditional access (by                  
 airplane).  This subsection keeps the Department from being able to           
 take lands that have not been designated parks by the legislature             
 and manage them as parks.                                                     
                                                                               
 Section 3 sets new boundaries for Denali Park.                                
                                                                               
 Number 264                                                                    
                                                                               
 JIM STRATTON, Division of Parks, asked when they were to start                
 doing the reporting.  SENATOR PEARCE indicated it would start from            
 this point and go forward.                                                    
                                                                               
 MR. STRATTON said they have no problem with the reporting                     
 requirement.  He asked if they are to report on all the parks or              
 just on ones that were administratively created.  SENATOR PEARCE              
 answered all of the park lands assuming there are new restrictions.           
                                                                               
 MR. STRATTON noted that there was a conflict between the intent of            
 section 2 and existing statutes for Chugach, Point Bridgette, and             
 Kenai which do give them direction to add lands outside of the                
 park.  He said there are no guidelines for Woodtikchik and Denali             
 so they assumed they have the authority to do that.                           
                                                                               
 SENATOR PEARCE responded that the three parks he mentioned there is           
 within the legislation which established the parks the ability for            
 the Division to add areas or change uses.  When SB 230 passes, the            
 revisor would go through and change language in those areas they              
 have legislatively designated that authority.                                 
                                                                               
 MR. STRATTON said this is a management tool that is important for             
 them to have in areas outside of the three that are listed.  In               
 addition to ILMA's they secure land that could be made available to           
 expand the boundaries of the parks through management agreements              
 with other government agencies, through gifts from people, and                
 through purchases from cash court settlements, to name a few.                 
                                                                               
 SENATE PEARCE said that something like a land exchange the                    
 legislature would look favorably upon as they have a number of                
 times in the past.  The legislature should designate parks lands;             
 it should not be done administratively.                                       
                                                                               
 MR. STRATTON suggested that if the target is ILMA's, to rewrite               
 section 2 to target them.  He said they would like to retain the              
 power to add acreage to a park that doesn't restrict anyone's                 
 traditional access.  SENATOR FRANK commented that they haven't                
 turned any of those down to date.                                             
                                                                               
 MR. STRATTON asked if the intent of this bill was to disallow stand           
 alone ILMA's from being managed as part of the park.  SENATOR                 
 PEARCE said that was the intent.                                              
                                                                               
 MR. STRATTON explained that the ILMA's they create they manage as             
 though they are part of the park system so their park regulations             
 can operate.  He said the reason they seek ILMA's is to develop and           
 create recreational opportunities like trail heads, camp grounds,             
 boat launch ramps, etc.  They feel they need to manage those under            
 Title 41 as part of the park system.                                          
                                                                               
 SENATOR PEARCE responded that if he gets legislative approval to              
 add that land to a park, then he'll get to do it.  MR. STRATTON               
 said they are not added to parks right now; they are stand alone.             
 They are called State recreation sites and they have been creating            
 them administratively for 25 years.  They are under 640 acres and             
 they have not been getting legislative approval.  He asked if he              
 needed to get legislative approval now.  If he does, he has very              
 serious reservations about this bill.                                         
                                                                               
 SENATOR PEARCE said the intent is to go forward from now, but they            
 need legislative approval for creation of all parks.                          
                                                                               
 Number 406                                                                    
 MR. STRATTON said AS41.21.022 already allows for hunting and the              
 use of firearms in all of the State parks so he thought section 3             
 was redundant.  However, if the intent is to allow target practice,           
 he would oppose that.                                                         
                                                                               
 MR. STRATTON said the language identifying incompatible uses                  
 changes the direction Denali State Park will be managed.  For 26-             
 years it has been managed to balance different uses and user groups           
 from conflicting with one another.  There is nothing that gives one           
 use access over another use.  He said there is a lot of public                
 ownership of the Denali State Park master plan and it was that plan           
 that set forth the aircraft closures that are behind this whole               
 bill.  He is concerned that they are changing the management mode             
 for Denali State Park that a lot of people have bought into.                  
                                                                               
 Regulations under review right now in the Department of Law opens             
 the park to recreational gold panning and they want that language             
 reflected in the bill.  Their intent is to let people pan for gold,           
 but they don't want recreational suction dredges being used in the            
 park and he thought that might be interpreted under recreational              
 mining.                                                                       
                                                                               
 SENATOR PEARCE said it is her intent after 26 years to put sidebars           
 on the management of Denali State Park because some difficulties in           
 other parks have arisen from overutilization.  She said they will             
 be getting more requests for restricting access and she thought the           
 legislature should be able to make changes if it's desirable.                 
                                                                               
 Number 470                                                                    
                                                                               
 LEIF PETERSON said he is a bush resident and he objects to more use           
 in Denali State Park because it will destroy habitat.  He said dog            
 mushing doesn't make much of an impact.                                       
                                                                               
 INGRID PETERSON asked if this is a companion bill to HB 447.                  
 SENATOR PEARCE replied the two bills were introduced at the same              
 time, but they are different now.  Peterson said she thought if SB
 230 was anything like HB 447 that it was just a Republican industry           
 profit give away to big business at the expense of all Alaskans.              
 She said a lot of public input has gone into deciding the uses of             
 Denali.  She didn't think the industry controlled legislature                 
 needed to be dabbling in that.                                                
                                                                               
 She understood that Alaska Air Carrier Pilots/Big Game Guides are             
 supporting this bill.  She said that the only traditional access is           
 mother nature.  The way they define traditional access as motor use           
 just destroys the natural environment.  She said the Attorney                 
 General's office is reviewing the State Park Management Regulations           
 right now and that should be sufficient.                                      
                                                                               
 Number 507                                                                    
                                                                               
 Sarah Hannan, Alaska Environmental Lobby, said she wanted to talk             
 about the Blair Lake controversy.  She said that both the                     
 conservation community and the air carrier community were concerned           
 about that ILMA addition to State parks and the closure to air                
 traffic.  She said she thought it was a good intention by State               
 Parks at the encouragement of the legislature to be more                      
 cooperative with commercial development.  She thought it was a                
 special interest effort to accommodate Princess Hotel's interest in           
 having a monopoly on the air traffic on that lake to accommodate              
 their new hotel.  She thought they did a bad job of it.  She said             
 they should follow what the statutes tell them to do because the              
 policy is already decided at the legislative level.                           
                                                                               
 In an attempt to appease a commercial user there is a bad situation           
 where no one is happy.  Any time you limit an Alaskan to do                   
 anything, they are going to be upset.                                         
                                                                               
 MS. HANNAN asked the committee to think about the extensive process           
 State Parks needs to go through to come with a management plan that           
 promulgates regulations that close things.  To close some portions            
 of Denali State Park to commercial air traffic and recreational               
 aircraft landings while keeping open others.  She said in the                 
 future we are going to need to regulate commercial uses in our                
 State parks.  Air traffic is going to be one of the great                     
 industries tourism will grow in.                                              
                                                                               
 SENATOR PEARCE said for 26 years people had been flying into the              
 Blair Lake area and it doesn't make sense for the Parks Division to           
 close it to everybody.                                                        
                                                                               
 MS. HANNAN said her only criticism of CSSB 230(RES) is Section 4.             
 She thinks the extensive public process that has gone into                    
 developing the current regulations that are out there for the new             
 management plan of Denali State Park should go forward.  There has            
 been a nearly two year process with three task forces, with 50-odd            
 people serving on those and hundreds of hours of public testimony             
 taken.  At this point, to repeal those regulations discredits the             
 public process.  She thought the legislature could encourage State            
 Parks to immediately revisit those regulations if they view them as           
 inappropriate.  She said the controversy will not go away because             
 we have put prime real estate into parks for the purpose of it                
 being prime real estate. With increased use there is going to be              
 competition for that air space and land.  It will burden the                  
 legislature extensively to take those kinds of public planning                
 processes away from State Parks.                                              
                                                                               
 SENATOR FRANK said he appreciated the tenor of her remarks.                   
                                                                               
 ED GRASSER, Alaska Outdoor Council, supported SB 230 and had                  
 concerns with access being restricted by administrative orders.               
 His organization is becoming increasingly concerned about the                 
 restrictions that are being placed on Alaskans and their                      
 traditional life style pursuits.                                              
 TAPE 96-29, SIDE B                                                            
 Number 580                                                                    
                                                                               
 MR. GRASSER said the public process doesn't always work as well as            
 some people believe.  He said the advisory committee for Mat-Su               
 Parks is made up mostly of people who are opposed to motorized                
 access and, in many instances, hunting and trapping.  They make               
 sure the membership against motorized access are notified of                  
 meetings, but their organization is left to find it in the                    
 newspaper somewhere.                                                          
                                                                               
 SENATOR PEARCE asked which statute allows for gold panning in                 
 parks.  MR. STRATTON said he would get that for her and he                    
 understands that most of the park system is open for recreational             
 gold panning.  They just haven't gotten around to doing Denali.               
                                                                               
 JIM DODSON, board member of Alaska Airmen's Association, said they            
 are not confused as to the intent of this legislation and they                
 support it wholeheartedly.                                                    
                                                                               
 CLIFF EAMES, Alaska Center for the Environment, opposed SB 230.  He           
 said they felt that the real problem is not that there aren't                 
 adequate opportunities for use of motorized recreational vehicles,            
 but that there are inadequate opportunities for quiet recreation              
 which is an activity that is important to Alaskans and visitors.              
                                                                               
 SENATOR HALFORD moved to pass CSSB 230(RES) out of committee with             
 individual recommendation and the accompanying fiscal notes.  There           
 were no objections and it was so ordered.                                     

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