Legislature(2009 - 2010)BUTROVICH 205
04/03/2009 03:30 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| SB150 | |
| HJR21 | |
| HJR7 | |
| HJR18 | |
| SCR3 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HJR 18 | TELECONFERENCED | |
| + | HJR 7 | TELECONFERENCED | |
| *+ | SCR 3 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 150 | ||
| = | HJR 21 | ||
SCR 3-OPPOSE FED. CONTROL OF STATE LAND & WATER
4:33:26 PM
CO-CHAIR WIELECHOWSKI announced the consideration of SCR 3. This
being the first hearing, he stated that it is his intent to hear
the resolution and hold it until the next hearing to provide
members time to consider it and provide comments or suggestions.
SENATOR CON BUNDE, Alaska State Legislature, sponsor of SCR 3,
noted that the proposed CS has a minute change that would match
language in a bill that is going through the other body.
SENATOR HUGGINS moved to adopt committee substitute (CS) to SCR
3, labeled 26-LS0496 adopt \E, as the working document. There
was no objection and version E was before the committee.
4:34:28 PM
SENATOR BUNDE informed the committee that the CS deletes the
phrase "file an action" and inserts the phrase "exercise all
legal options" [found in the line 1 of the title of SCR 3].
SENATOR BUNDE said this resolution is about state sovereignty
and the fact that the State of Alaska is incrementally losing
its most cherished and sovereign right to manage its navigable
waters. In the relationship between the state and federal
governments, navigable waters have clearly been established as
state water and state land. As such they should be regulated and
governed by state laws.
He mentioned the Yukon-Charley Rivers National Preserve and said
apparently there are growing encounters between the public and
the National Park Service (NPS) on the state's navigable waters.
In particular, the NPS is enforcing prohibitions on certain
types of water craft, citing placer miners, restricting four-
wheel vehicles on gravel bars below mean high water, and
requiring permits for riverboat operators and other tourism
related facilities. People in the administration are concerned
about this encroachment and have expressed an interest in having
the Legislature support legal action to return the state's
proper level of sovereignty.
SENATOR BUNDE noted that each year the NPS exerts greater
authority over sport and subsistence fishing. Drawing an analogy
between the NPS and the growth of alder trees, he maintained
that "if you don't whack them back they continue growing." SCR 3
encourages the administration to push back to clarify the
delineation of state's rights. The Alaska Constitution clearly
says that the state owns and manages its submerged lands and
navigable waters and that its citizens are free to have
unrestricted access under regulations authorized by the
Legislature.
4:39:03 PM
ELIZABETH BERRY, Attorney, Civil Division, Department of Law
(DOL), said she is available for questions.
SENATOR HUGGINS asked why the state wouldn't go ahead and file a
lawsuit.
MS. BERRY replied DOL and other state agencies are currently
evaluating the options. She highlighted that there is a statute
of limitations problem with a facial challenge to this
regulation, which was adopted in 1996. "We cannot just file a
lawsuit," she said.
SENATOR HUGGINS asked the timeline for a decision.
MS. BERRY replied DOL hopes to soon reach a decision on a course
of action.
SENATOR WAGONER questioned that regulations promulgated by the
government would have a statute of limitations.
MS. BERRY explained that to challenge a regulation on its face,
it has to be done within the statute of limitations, which in
this case is six years.
DICK MYLIUS, Director, Division of Mining, Land and Water,
Department of Natural Resources (DNR), confirmed that DNR has
been working on this issue for a number of years. Responding to
a question from Senator Wagoner, he said DNR supports SCR 3.
SENATOR BUNDE said one of the reasons for this vehicle is that
he believes that the various departments would appreciate
legislative encouragement on the issue.
CO-CHAIR WIELECHOWSKI asked Ms. Cunning if fish and game has a
position.
TINA CUNNING, Coordinator, Subsistence and Federal Issues,
Division of Sport Fish, Alaska Department of Fish and Game
(ADF&G), stated that ADF&G supports SCR 3.
4:42:51 PM
JAN FLORA, representing herself, said she came to Alaska in 1989
as a placer miner. She left California because of heavy-handed
regulators, but found they look like amateurs compared to Bureau
of Land Management (BLM) regulators. She asked Senator Bunde to
include the BLM in the resolution because they too harass placer
miners. She related anecdotal stories of NPS and BLM harassment
of placer miners. These waterways are navigable and BLM is very
controlling of them, she maintained.
4:46:28 PM
STAN LEAPHEART, Executive Director, Citizens Advisory Commission
on Federal Areas, said the bill packet should include copies of
the letter he sent to the attorney general on the topic of
intrusion of NPS regulations into state navigable waters and
state management authority. He is speaking in support of SCR 3
and to point out that his letter does not address the
possibility that other federal agencies could intrude into the
state's management authority of its navigable waters. We're on
record supporting both SCR 3 and the House companion resolution,
he concluded.
CO-CHAIR WIELECHOWSKI asked Mr. Leapheart to send a copy of the
letter to his office and he would forward it to other committee
members. For some reason it isn't in the bill packets.
4:48:45 PM
CARL PORTMAN, Resources Development Council (RDC), stated that
RDC supports SCR 3 because the State of Alaska is steadily
losing a most valuable sovereign right under the Statehood Act,
the Submerged Lands Act, and the Alaska National Interest Lands
Conservation Act (ANILCA). The state acquired control over
navigable waters for a variety of uses regardless of upland
ownership. The state's constitution, laws, and regulations
clarify that it owns and manages submerged lands of navigable
waterways and the citizens have free and unrestricted access
unless prohibited under regulations authorized by the state
Legislature. Furthermore, Section 103(c) of ANILCA states that
regulations adopted for national parks only apply to federal
lands. Beginning in 1996 the NPS placed another layer of
regulations over the state's management of its navigable
waterways. It has come to RDC's attention that the federal
government is enforcing prohibitions on the use of certain types
of watercraft that the state in fact authorizes and is requiring
some commercial operators to secure federal permits. The state
should act to protect its legitimate right to manage submerged
lands in its navigable rivers. RDC is in strong support of SCR
3, he concluded.
4:50:48 PM
CO-CHAIR WIELECHOWSKI closed public testimony and set SCR 3
aside.
SENATOR WAGONER told a personal story and concluded, "We do have
a big problem and we need to get it defined quick because
Alaskans are losing access to their recreation areas."
SENATOR BUNDE cautioned that the clock is ticking because of the
statute of limitations.
CO-CHAIR WIELECHOWSKI asked when the statute of limitation runs
out.
SENATOR BUNDE replied he will find out for sure, but he heard
someone testify that it began in 2006.
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