Legislature(1999 - 2000)

05/07/1999 01:59 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               HOUSE RESOURCES STANDING COMMITTEE                                                                               
                          May 7, 1999                                                                                           
                           1:59 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Scott Ogan, Co-Chair                                                                                             
Representative Jerry Sanders, Co-Chair                                                                                          
Representative Beverly Masek, Vice Chair                                                                                        
Representative John Harris                                                                                                      
Representative Carl Morgan                                                                                                      
Representative Ramona Barnes                                                                                                    
Representative Jim Whitaker                                                                                                     
Representative Reggie Joule                                                                                                     
Representative Mary Kapsner                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
* HOUSE BILL NO. 227                                                                                                            
"An Act modifying  the Department of Natural  Resources' power to                                                               
control and  manage certain land  within the Hatcher  Pass Public                                                               
Use  Area and  making that  land available  for selection  by the                                                               
Matanuska-Susitna Borough."                                                                                                     
                                                                                                                                
     - FAILED TO MOVE OUT OF COMMITTEE                                                                                          
                                                                                                                                
HOUSE CONCURRENT RESOLUTION NO. 2                                                                                               
Relating to the sovereignty of the State of Alaska and the                                                                      
sovereign right of the State of Alaska to manage the natural                                                                    
resources of Alaska.                                                                                                            
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 227                                                                                                                  
SHORT TITLE: HATCHER PASS PUBLIC USE AREA                                                                                       
SPONSOR(S): REPRESENTATIVES(S) OGAN                                                                                             
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 5/06/99      1201     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 5/06/99      1201     (H)  RESOURCES                                                                                           
 5/07/99               (H)  RES AT  1:00 PM CAPITOL 124                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
DAVID STANCLIFF, Legislative Assistant                                                                                          
   to Representative Scott Ogan                                                                                                 
Alaska State Legislature                                                                                                        
Capitol Building, Room 128                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-2338                                                                                                      
POSITION STATEMENT:  Presented HB 227 on behalf of sponsor.                                                                     
                                                                                                                                
JANE ANGVIK, Director                                                                                                           
Division of Land                                                                                                                
Department of Natural Resources                                                                                                 
3601 C Street, Suite 1122                                                                                                       
Anchorage, Alaska  99503                                                                                                        
Telephone:  (907) 269-8503                                                                                                      
POSITION STATEMENT:  Testified in support of HB 227.                                                                            
                                                                                                                                
RICK THOMPSON, Regional Manager                                                                                                 
Southcentral Region Office                                                                                                      
Division of Land                                                                                                                
Department of Natural Resources                                                                                                 
3601 C Street, Suite 1122                                                                                                       
Anchorage, Alaska  99503                                                                                                        
Telephone:  (907) 269-8559                                                                                                      
POSITION STATEMENT:  Answered questions regarding HB 227.                                                                       
                                                                                                                                
MARTY RUTHERFORD, Deputy Commissioner                                                                                           
Anchorage Office                                                                                                                
Department of Natural Resources                                                                                                 
3601 C Street, Suite 1122                                                                                                       
Anchorage, Alaska  99503                                                                                                        
Telephone:  (907) 269-8431                                                                                                      
POSITION STATEMENT:  Answered questions about fiscal note for                                                                   
                     HB 227.                                                                                                    
                                                                                                                                
GREG ROMACK                                                                                                                     
Hatcher Pass Development Corporation, Incorporated                                                                              
740 Bonanza                                                                                                                     
Anchorage, Alaska  99518                                                                                                        
Telephone:  (907) 562-2336                                                                                                      
POSITION STATEMENT:  Testified in support of HB 227.                                                                            
                                                                                                                                
MIKE SCOTT, Manager                                                                                                             
Matanuska-Susitna Borough                                                                                                       
350 East Dahlia Avenue                                                                                                          
Palmer, Alaska  99645                                                                                                           
Telephone:  (907) 272-1068                                                                                                      
POSITION STATEMENT:  Testified in support of HB 227.                                                                            
                                                                                                                                
RON SWENSON, Director                                                                                                           
Community Development                                                                                                           
Matanuska-Susitna Borough                                                                                                       
350 East Dahlia Avenue                                                                                                          
Palmer, Alaska  99645                                                                                                           
Telephone:  (907) 745-9868                                                                                                      
POSITION STATEMENT:  Answered questions on HB 227.                                                                              
                                                                                                                                
JIM TURNER, Assembly Member                                                                                                     
Matanuska-Susitna Borough                                                                                                       
P.O. Box 1567                                                                                                                   
Palmer, Alaska  99645                                                                                                           
Telephone:  (907) 745-6161                                                                                                      
POSITION STATEMENT:  Testified in support of HB 227.                                                                            
                                                                                                                                
KATHY WELLS                                                                                                                     
P.O. Box 3331                                                                                                                   
Palmer, Alaska  99645                                                                                                           
Telephone:  (907) 373-6414                                                                                                      
POSITION STATEMENT:  Testified against HB 227.                                                                                  
                                                                                                                                
KEVIN KEELER                                                                                                                    
5460 East 112th Avenue                                                                                                          
Anchorage, Alaska  99516                                                                                                        
Telephone:  (907) 346-3475                                                                                                      
POSITION STATEMENT:  Testified against HB 227.                                                                                  
                                                                                                                                
NANCY MICHAELSON                                                                                                                
HC 5, Box 6916F                                                                                                                 
Palmer, Alaska  99645                                                                                                           
Telephone:  (907) 745-6673                                                                                                      
POSITION STATEMENT:  Testified against HB 227.                                                                                  
                                                                                                                                
GARY MICHAELSON                                                                                                                 
HCR 5, P.O. Box 6916-F                                                                                                          
Palmer, Alaska  99645                                                                                                           
Telephone:  (907) 745-6673                                                                                                      
POSITION STATEMENT:  Testified in opposition to HB 227.                                                                         
                                                                                                                                
DARCIE SALMON, Mayor                                                                                                            
Matanuska-Susitna Borough                                                                                                       
350 East Dahlia Avenue                                                                                                          
Palmer, Alaska  99645                                                                                                           
Telephone:  (907) 745-4801                                                                                                      
POSITION STATEMENT:  Testified in support of HB 227.                                                                            
                                                                                                                                
DORI McDANNOLD                                                                                                                  
Valley Alaska Center for the Environment                                                                                        
HC03, P.O. Box 8012                                                                                                             
Palmer, Alaska  99645                                                                                                           
Telephone:  (907) 745-4801                                                                                                      
POSITION STATEMENT:  Testified in opposition to HB 227.                                                                         
                                                                                                                                
GARVAN BUCARIA                                                                                                                  
P.O. Box 870298                                                                                                                 
Wasilla, Alaska  99687                                                                                                          
Telephone:  (907) 373-4974                                                                                                      
POSITION STATEMENT:   Testified on HB 227 and  suggested a public                                                               
hearing be held in the Mat-Su area.                                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-31, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CO-CHAIR  SCOTT   OGAN  called   the  House   Resources  Standing                                                               
Committee meeting to  order at 1:59 p.m.  Members  present at the                                                               
call to  order were Representatives Ogan,  Sanders, Masek, Morgan                                                               
and Barnes.  Representatives Joule,  Harris, Whitaker and Kapsner                                                               
joined the  meeting at 2:01 p.m.,  2:05 p.m., 2:09 p.m.  and 2:18                                                               
p.m., respectively.                                                                                                             
                                                                                                                                
HB 227 - HATCHER PASS PUBLIC USE AREA                                                                                         
                                                                                                                                
CO-CHAIR OGAN announced  the committee would hear  House Bill No.                                                               
227,  "An  Act modifying  the  Department  of Natural  Resources'                                                               
power to control and manage  certain land within the Hatcher Pass                                                               
Public Use Area  and making that land available  for selection by                                                               
the Matanuska-Susitna Borough."                                                                                                 
                                                                                                                                
REPRESENTATIVE  BARNES  asked  if  the  Commissioner  of  Natural                                                               
Resources was there.                                                                                                            
                                                                                                                                
CO-CHAIR OGAN  answered no, that  he had  been asked to  come but                                                               
was not coming.                                                                                                                 
                                                                                                                                
Number 0199                                                                                                                     
                                                                                                                                
DAVID  STANCLIFF, Legislative  Assistant to  Representative Scott                                                               
Ogan,  Alaska State  Legislature, presented  HB 227,  noting that                                                               
the packet  contains a memorandum  that sets out  some background                                                               
information.   He explained that  the sections used  to formulate                                                               
HB 227  were taken from SB  140, basically Section 4  and Section                                                               
25.    There  is  also   a  proposed  committee  substitute  (CS)                                                               
reflecting  language that  the  Department  of Natural  Resources                                                               
(DNR)  and the  Matanuska-Susitna  (Mat-Su)  Borough, after  long                                                               
negotiations,  agreed  upon  to  safeguard  public  uses  of  the                                                               
resources in the area, and also  to allow a small portion of land                                                               
along the  road to be  transferred to  the Mat-Su Borough,  as it                                                               
relates  to the  proposed Hatcher  Pass development  area.   That                                                               
land, just over 900 acres, is  delineated in both the proposed CS                                                               
and the original bill.                                                                                                          
                                                                                                                                
Number 0327                                                                                                                     
                                                                                                                                
CO-CHAIR SANDERS  made a motion to  adopt the proposed CS  for HB
227, version 1-LS0949\D,  Kurtz, 5/6/99, as a work  draft.  There                                                               
being no objection, Version D was before the committee.                                                                         
                                                                                                                                
Number 0401                                                                                                                     
                                                                                                                                
[Underlined by  hand on Version  D were  the following:   Page 1,                                                               
lines 9  - 12, beginning with  "Furthermore"; page 3, lines  22 -                                                               
25,  beginning  with  "subject";  and  all  of  the  language  in                                                               
subsection (b) on page 4, lines 2 - 11.]                                                                                        
                                                                                                                                
MR. STANCLIFF noted  that the language which the  borough and the                                                               
DNR  arrived  at through  consensus  was  hand-underlined in  the                                                               
committee copy  of Version  D.   On page  1, preceding  the hand-                                                               
underlined  language, is  wording  which  Co-Chair Ogan  believed                                                               
necessary  to reflect  that the  original record,  established in                                                               
setting up this area, had indicated  that the land in the Hatcher                                                               
Pass Public Use Area would  be available for municipal selection.                                                               
It  was taken  from  Senate Finance  Committee  minutes in  1986,                                                               
relating to a  question by Senator Halford and a  response by Mr.                                                               
Ned Farquar, then Special Assistant  to the Commissioner, who had                                                               
indicated this  land would be available  for municipal selection.                                                               
Since that  time, however, there  has been some  re-evaluation of                                                               
that  particular position.    Therefore, it  was  thought by  all                                                               
parties  -  the borough,  the  state  and  Co-Chair Ogan  -  that                                                               
specific legislation  authorizing such  a transfer should  be put                                                               
forth; that is the proposed CS before the committee, Version D.                                                                 
                                                                                                                                
MR. STANCLIFF  reported that Section  1 is the findings  of fact;                                                               
Section  2 describes  the area  of  the Hatcher  Pass Public  Use                                                               
Area; and Section 3 lays  out the requirements regarding this new                                                               
area.   On  page  3, line  23, is  an  agreed-upon reference,  AS                                                               
38.05.035  and  AS  38.05.945,  which makes  it  clear  that  the                                                               
director has  full authority in the  decision-making process, and                                                               
that  the  proper  public  notice  for  hearings  regarding  this                                                               
transfer should  take place.   A  map in  the packets  shows this                                                               
narrow strip along the Hatcher  Pass road, which is necessary for                                                               
the access for  this project.  The map shows  the general idea of                                                               
the development  plan, which has  been in the making  for several                                                               
years.                                                                                                                          
                                                                                                                                
MR. STANCLIFF explained that Section  3 sets some dates and times                                                               
certain  for land  selection; it  also states  that any  land not                                                               
conveyed by the DNR shall  remain available for conveyance to the                                                               
Mat-Su  Borough until  all  administrative  and judicial  appeals                                                               
regarding the  failure to  convey the  land have  been exhausted.                                                               
It  keeps in  place another  option  if there  is not  agreement,                                                               
however.    The  lands  are ultimately  conveyed  to  the  Mat-Su                                                               
Borough  following  the  exhaustion  of  the  administrative  and                                                               
judicial appeals,  and shall  remain in  the Hatcher  Pass Public                                                               
Use Area unless otherwise specified by  law.  Section 4 refers to                                                               
this taking effect  once the transaction has been  agreed on, and                                                               
says the  DNR shall  promptly notify the  Revisor of  Statutes of                                                               
the conveyance once it occurs.                                                                                                  
                                                                                                                                
Number 0750                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES  asked if  the Mat-Su Borough  has selected                                                               
this land as part of its municipal land grant.                                                                                  
                                                                                                                                
MR. STANCLIFF  answered that  he didn't know  for sure,  but that                                                               
the borough manager could be asked.                                                                                             
                                                                                                                                
Number 0879                                                                                                                     
                                                                                                                                
JANE ANGVIK,  Director, Division  of Land, Department  of Natural                                                               
Resources,  testified via  teleconference  from  Anchorage.   She                                                               
informed members that the DNR  has worked closely with the Mat-Su                                                               
Borough on  the language of  HB 227,  and they are  supportive of                                                               
the bill.  The selection of  lands by a municipal government is a                                                               
two-step process, she said.   First, they exercise their right to                                                               
select the  land.  Second, the  DNR goes through a  public review                                                               
process to  determine if it is  in the state's best  interest for                                                               
lands  to be  passed from  the state  to a  municipal government.                                                               
The question  today is:   Should  a portion  of the  Hatcher Pass                                                               
Public Use Area, which was set  aside by the legislature, be made                                                               
available so that the Mat-Su Borough could select it?                                                                           
                                                                                                                                
MS. ANGVIK indicated that currently,  its being a public use area                                                               
precludes it  from selection  by the borough.   However  the bill                                                               
before  them says  that, notwithstanding  the previous  action of                                                               
the  legislature, this  strip of  land could  be selected  by the                                                               
Mat-Su Borough  as part of  its municipal entitlement.   The bill                                                               
further says  that, should they  choose to select any  portion of                                                               
this  land, the  DNR would  then  go through  a public  decision-                                                               
making process; if it is found to  be in the best interest of the                                                               
state, it could convey these lands to the Mat-Su Borough.                                                                       
                                                                                                                                
Number 1012                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES  asked what  the status  is of  the Hatcher                                                               
Pass ski area under the DNR.                                                                                                    
                                                                                                                                
MS. ANGVIK said as she understands  the history, the area was set                                                               
aside as  a legislatively designated  area, to see whether  it is                                                               
possible to  develop a ski  area in  Hatcher Pass.   The boundary                                                               
for that management area differs  from this strip along the road,                                                               
which was set aside as the  public use area.  There were numerous                                                               
efforts to  offer the land for  lease, Ms. Angvik noted.   Today,                                                               
the Mat-Su Borough  has management authority for  the land, while                                                               
the state  retains both  ownership of the  land and  oversight on                                                               
the  development  plan for  the  ski  area.   Davis  Construction                                                               
Company is currently the lessee on the state holdings.                                                                          
                                                                                                                                
REPRESENTATIVE  BARNES asked  Ms. Angvik  whether it  is a  lease                                                               
from the state or from the Mat-Su Borough to a private entity.                                                                  
                                                                                                                                
Number 1170                                                                                                                     
                                                                                                                                
MS. ANGVIK answered that the lease  is owned by the state, and it                                                               
is between the state of Alaska  and Davis Construction.  There is                                                               
a memorandum  of agreement  between the state  of Alaska  and the                                                               
Mat-Su Borough to  allow the borough to manage the  lease, but it                                                               
requires the  state's oversight.   Although it has  been assigned                                                               
to the borough, the state still owns it.                                                                                        
                                                                                                                                
REPRESENTATIVE  BARNES asked  if  any income  from  a ski  resort                                                               
developed on state land would be income to the state.                                                                           
                                                                                                                                
MS. ANGVIK affirmed  that.  The way it is  today, however, income                                                               
generated from the lease will accrue to the Mat-Su Borough.                                                                     
                                                                                                                                
Number 1237                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES asked  whether that is the way  it is today                                                               
or the way it would be if this legislation passed.                                                                              
                                                                                                                                
MS. ANGVIK  responded that the  legislation will not  affect that                                                               
question.  Rather,  it will affect the ability of  the borough to                                                               
own  the land.   The  income is  determined by  the terms  of the                                                               
lease, and  the state has already  put the Mat-Su Borough  in the                                                               
position of  managing the lease; therefore,  the income generated                                                               
from the lease  will accrue to the Mat-Su Borough  today, with or                                                               
without this legislation.                                                                                                       
                                                                                                                                
REPRESENTATIVE BARNES asked Ms.  Angvik who negotiated this lease                                                               
that allows the borough to have the income from state land.                                                                     
                                                                                                                                
Number 1309                                                                                                                     
                                                                                                                                
MS.  ANGVIK  replied  that  they went  through  a  public  notice                                                               
process  to assign  the management  of  the lease  to the  Mat-Su                                                               
Borough, approximately three months ago.                                                                                        
                                                                                                                                
REPRESENTATIVE BARNES asked if Ms. Angvik negotiated it herself.                                                                
                                                                                                                                
MS. ANGVIK said yes.                                                                                                            
                                                                                                                                
REPRESENTATIVE BARNES  asked Ms.  Angvik why she  would negotiate                                                               
away state revenues and how she can do that.                                                                                    
                                                                                                                                
Number 1366                                                                                                                     
                                                                                                                                
MS.  ANGVIK answered  that  the intention  of  the memorandum  of                                                               
agreement  between  the  state  and the  Mat-Su  Borough  was  to                                                               
enhance the  opportunity for the  development of the ski  area to                                                               
proceed.   As a  completely state-owned,  state-operated project,                                                               
it allows local government to  try to accrue additional resources                                                               
to  help build  the  development.   If the  borough  is the  land                                                               
manager with  access to local  resources, they could  enhance the                                                               
state land in a regional economic development effort.                                                                           
                                                                                                                                
Number 1433                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN  asked Ms. Angvik if  this has been a  cost savings                                                               
to  the state.   He  commented that  this has  been going  on for                                                               
years with  another developer who didn't  have the capitalization                                                               
and support.                                                                                                                    
                                                                                                                                
MS. ANGVIK  replied that it  will save  money in that  they don't                                                               
have to focus  as much energy on the Hatcher  Pass development as                                                               
in the  past.  The  real intention,  however, was to  provide the                                                               
borough  with a  capacity to  assist  in the  development of  the                                                               
project with  other resources that  are available to  the borough                                                               
but not to the state.                                                                                                           
                                                                                                                                
Number 1497                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES asked, "Like what?"                                                                                       
                                                                                                                                
MS. ANGVIK  stated her understanding  that they have  an economic                                                               
development fund  and economic  development program,  which comes                                                               
from other sources  that they were interested in  exploring as an                                                               
underpinning for the project; they  would be in a better position                                                               
to use those resources if they were the managers of the land.                                                                   
                                                                                                                                
REPRESENTATIVE  BARNES  asked  exactly   how  long  this  revenue                                                               
sharing  without statutory  authority  will  continue before  the                                                               
funds revert to the state for state land.                                                                                       
                                                                                                                                
MS. ANGVIK answered that the  memorandum of agreement assigns the                                                               
state's interest in  the lease to the Mat-Su Borough.   There are                                                               
50 years left on the lease.                                                                                                     
                                                                                                                                
Number 1588                                                                                                                     
                                                                                                                                
CO-CHAIR SANDERS  asked what statutory  authority Ms.  Angvik had                                                               
used for  this.  Noting that  he'd never heard of  it, he further                                                               
asked whether this is done all the time in Alaska.                                                                              
                                                                                                                                
MS. ANGVIK replied that the state  has authority now to lease its                                                               
land,  and to  assign or  dispose of  the interest  of its  land,                                                               
under  Title  38.    Through  a public  process  -  including  an                                                               
evaluation, a finding and a public  notice - the state is able to                                                               
both sell  and lease  its lands and  holdings to  other entities,                                                               
including a borough.                                                                                                            
                                                                                                                                
Number 1654                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES  asked, "Under Title  38, do you  also have                                                               
the right  to convey  a revenue  stream from a  lease to  a local                                                               
government?"                                                                                                                    
                                                                                                                                
MS. ANGVIK responded, "It is  our interpretation of Title 38 that                                                               
the  department has  the  ability  to assign  its  interest in  a                                                               
lease, and ... our interest in  a lease also included the revenue                                                               
stream,  as well  ... as  the management  responsibility for  the                                                               
lands."                                                                                                                         
                                                                                                                                
Number 1671                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BARNES requested  that Ms.  Angvik fax  the legal                                                               
opinion giving her the right to  convey state revenue.  She added                                                               
that only the legislature has the right to appropriate.                                                                         
                                                                                                                                
Number 1717                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JOULE  asked how  much  the  income is  from  the                                                               
lease.                                                                                                                          
                                                                                                                                
MS.  ANGVIK deferred  to Rick  Thompson,  who had  worked on  the                                                               
development  originally.   She  asked  him  to explain  what  the                                                               
income stream  is anticipated to  be from the Hatcher  Pass lease                                                               
when the  development actually occurs.   She pointed out  that no                                                               
income derives from the lease until it is developed.                                                                            
                                                                                                                                
Number 1768                                                                                                                     
                                                                                                                                
RICK  THOMPSON,  Regional  Manager, Southcentral  Region  Office,                                                               
Division  of Land,  Department of  Natural  Resources, spoke  via                                                               
teleconference  from  Anchorage.   He  re-emphasized  that  there                                                               
currently is  no income generated  from the lease, as  the income                                                               
stream begins when the development  occurs onsite.  The amount is                                                               
$95,000 annually,  he said.   When  the gross  revenues get  to a                                                               
certain  point,  which  he  couldn't quote  at  the  moment,  the                                                               
revenue ratchets  upward.  It is  a 55-year lease, with  a little                                                               
more than 50 years left on it.                                                                                                  
                                                                                                                                
Number 1807                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE  asked if there  are other examples  of this                                                               
kind of arrangement.                                                                                                            
                                                                                                                                
MS.  ANGVIK said  she didn't  know  but would  provide an  answer                                                               
after checking records of other leases assigned by the state.                                                                   
                                                                                                                                
Number 1851                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE inquired about a fiscal note from the DNR.                                                                 
                                                                                                                                
MS.  ANGVIK replied  that the  cost would  be for  processing the                                                               
application  from the  municipal government,  a service  that the                                                               
DNR  provides,   and  for  conducting  the   public  process  and                                                               
determination of  another municipal entitlement; the  DNR has the                                                               
resources now to do that.  The  cost of surveys would be borne by                                                               
the  municipality,   as  all   municipal  governments   have  the                                                               
responsibility to survey  any lands provided to  them through the                                                               
municipal entitlement program.                                                                                                  
                                                                                                                                
Number 1921                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN asked  if that is something the  DNR normally does,                                                               
as part of its normal operating costs.                                                                                          
                                                                                                                                
MS. ANGVIK replied,  "Yes, Mr. Chairman, we have  people on staff                                                               
who,  as   part  of  our   operating  budget,   handle  municipal                                                               
entitlements.    When  a  municipality   has  requested  that  we                                                               
expedite the  service, because they're desperate  to have control                                                               
of  the piece  of land,  we have  asked municipal  governments to                                                               
give us  an expediting fee, which  puts them to the  front of the                                                               
line."                                                                                                                          
                                                                                                                                
CO-CHAIR  OGAN   asked  if   that  should   cover  the   cost  of                                                               
transferring this, assuming the borough is willing to pay it.                                                                   
                                                                                                                                
MS. ANGVIK first  said yes, then said she didn't  know.  "If it's                                                               
a regular,  normal municipal  entitlement, we have  to ask  to do                                                               
that," she added.                                                                                                               
                                                                                                                                
CO-CHAIR  OGAN suggested  saving  that question  for the  borough                                                               
manager.                                                                                                                        
                                                                                                                                
Number 1976                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE inquired,  regarding other land entitlements                                                               
or other  boroughs in  the state, if  there have  been expedition                                                               
requests that were  acted upon.  He noted  that several boroughs,                                                               
including two in his district,  have had outstanding entitlements                                                               
for years.                                                                                                                      
                                                                                                                                
MS. ANGVIK  replied that the  legislature has authorized  the DNR                                                               
to  accept  receipts  if a  municipal  government  has  requested                                                               
expedited service;  she believes they receive  about $20-30,000 a                                                               
year  as expediting  fees,  and three  full-time  people work  on                                                               
municipal  entitlements.   There  is no  question  that they  are                                                               
behind  in  processing  applications,  she  said,  although  many                                                               
boroughs are in the process of getting their entitlements.                                                                      
                                                                                                                                
Number 2049                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE  asked if one  way to  expedite entitlements                                                               
is through a bill.                                                                                                              
                                                                                                                                
MS. ANGVIK  clarified that HB  227 doesn't  do that.   Rather, it                                                               
says  they can  select  it, and  then they  stand  in line,  like                                                               
everybody else, while  the DNR tries to process it.   She stated,                                                               
"It's a  two-step process.   Step number  one is, 'May  we select                                                               
it?'    Step number  two  is,  'Can we  get  in  line with  other                                                               
municipal governments, in  order to apply for the  ownership of -                                                               
or the  transfer of  - to  a municipal  government?'"   She added                                                               
that it is a decision-making  process and public process in which                                                               
the  Northwest  Arctic  Borough   and  many  other  boroughs  are                                                               
currently involved.   In  reply to  a question  by Representative                                                               
Barnes, Ms. Angvik said she had sent a fiscal note to Juneau.                                                                   
                                                                                                                                
CO-CHAIR OGAN reported that he had zeroed out the fiscal note.                                                                  
                                                                                                                                
REPRESENTATIVE BARNES  responded that Co-Chair Ogan  doesn't have                                                               
the authority  to do that, but  if the committee chooses  to zero                                                               
it out, they can do so.  She insisted on having a fiscal note.                                                                  
                                                                                                                                
Number 2147                                                                                                                     
                                                                                                                                
MARTY   RUTHERFORD,   Deputy  Commissioner,   Anchorage   Office,                                                               
Department  of Natural  Resources,  testified via  teleconference                                                               
from Anchorage,  adding, "We had  indicated that we  thought that                                                               
there would be  some costs associated with this  conveyance.  But                                                               
we  also have  felt, all  along,  that it's  appropriate for  the                                                               
borough  be able  to select  this  land, ...  or to  at least  be                                                               
allowed to  select it,  so that  we could  go through  the public                                                               
process to determine whether it's  appropriate to convey it.  But                                                               
we also know that it got a late  start this year, so we felt that                                                               
we  could probably  handle the  conveyance process  with internal                                                               
staff; and,  therefore, when we  were notified that ...  the bill                                                               
was at  risk of not ...  getting through this session,  we agreed                                                               
that we  would accept  a zero  fiscal note,  so that  it wouldn't                                                               
have to kill the bill until the next session."                                                                                  
                                                                                                                                
REPRESENTATIVE  BARNES  restated  that  if this  bill  will  cost                                                               
anything,  the DNR  must  put before  this  committee the  proper                                                               
fiscal note.   "And  if this  committee chooses  to zero  it out,                                                               
they may do so," she added, "but  you don't have that right.  The                                                               
law is clear on what happens with fiscal notes."                                                                                
                                                                                                                                
CO-CHAIR OGAN  responded that  the point had  been made  that the                                                               
Mat-Su Borough  is willing to  pick up the  expense.  He  said he                                                               
would like to have that testimony on the record by the borough.                                                                 
                                                                                                                                
REPRESENTATIVE BARNES said  that is fine, but they  still may not                                                               
make an  agreement with  Co-Chair Ogan about  a zero  fiscal note                                                               
that they had  already prepared, without first  placing it before                                                               
this committee  and having a motion  to adopt a zero  fiscal note                                                               
in lieu of the original one.                                                                                                    
                                                                                                                                
Number 2251                                                                                                                     
                                                                                                                                
CO-CHAIR SANDERS asked  if there is a possibility  that the state                                                               
could  give  land  to municipalities  and  villages  to  develop,                                                               
instead of  using revenue sharing  and municipal  assistance from                                                               
the general fund.                                                                                                               
                                                                                                                                
MS. ANGVIK  replied that the  municipal entitlement program  is a                                                               
distribution  of  state  lands  to local  governments.    As  for                                                               
whether it should substitute for  cash municipal assistance, that                                                               
is a  policy decision by the  legislature.  This bill,  like many                                                               
others,  is intended  to provide  municipal governments  with the                                                               
ability to  generate their  own revenues  from lands,  she added.                                                               
It  is  clearly  the  intent   that  the  settlement  lands  that                                                               
municipal governments would  be able to select  could generate an                                                               
income stream for them.   Whether that happens depends on whether                                                               
those  lands are  actually developed.   Ms.  Angvik stated,  "The                                                               
income stream from this particular  lease, should this lease come                                                               
into  fulfillment, will  flow to  the Matanuska-Susitna  Borough,                                                               
because  the state  of Alaska  has assigned  its interest  in the                                                               
lease to the municipal government."                                                                                             
                                                                                                                                
Number 2354                                                                                                                     
                                                                                                                                
MS. RUTHERFORD  joined in, saying the  municipal land entitlement                                                               
program has always had several  purposes, primarily conveyance of                                                               
lands to  municipalities for settlement  purposes and as  a basis                                                               
for development, so they could  generate funds.  Importantly, the                                                               
lease was  assigned to the  borough not simply to  generate money                                                               
but so the  borough can assist in encouraging  development of the                                                               
Hatcher  Pass area.   Ms.  Rutherford told  members, "The  state,                                                               
particularly  DNR, is  pretty limited  in what  resources we  can                                                               
bring  to bear,  and what  interest we  can encourage.   So,  the                                                               
borough had  indicated an  interest and  a willingness  to commit                                                               
their resources  towards the effort  of developing the  area, and                                                               
since ... it's  been stated that ... developing  the Hatcher Pass                                                               
area is in  the state's best interest,  it seemed to us  to be an                                                               
appropriate  step  to  take,  because  we  did  not  have  enough                                                               
resources to encourage that development all by ourselves."                                                                      
                                                                                                                                
Number 2431                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HARRIS  followed  up  on  Representative  Barnes'                                                               
question  by asking  about the  legality of  assigning the  lease                                                               
with  Hatcher Pass  Development  Company to  the Mat-Su  Borough.                                                               
Noting the  lack of documentation indicating  whether the Hatcher                                                               
Pass  Development Company  is comfortable  with this  or endorses                                                               
it, he inquired about that, as well.                                                                                            
                                                                                                                                
CO-CHAIR OGAN replied that they simply haven't gotten to it.                                                                    
                                                                                                                                
Number 2491                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BARNES  referred  to AS  24.08.035,  relating  to                                                               
fiscal  notes on  bills.   She  again requested  that Ms.  Angvik                                                               
provide the  proper fiscal  note, including all  the items  in AS                                                               
24.08.035.                                                                                                                      
                                                                                                                                
[Before the  end of the  meeting, a  fiscal note prepared  by Ms.                                                               
Angvik,  dated  May 7,  1999,  was  provided,  in the  amount  of                                                               
$11,000.]                                                                                                                       
                                                                                                                                
Number 2516                                                                                                                     
                                                                                                                                
REPRESENTATIVE WHITAKER asked who the lessor is.                                                                                
                                                                                                                                
MS. ANGVIK specified  that the lessor is the  Mat-Su Borough, and                                                               
the original  lessee is Hatcher  Pass Development Company.   "The                                                               
private  interest that  that represents  is Davis  Construction,"                                                               
she added.                                                                                                                      
                                                                                                                                
REPRESENTATIVE   WHITAKER  asked   for   confirmation  that   the                                                               
recipient of funds inherent to the  lease is the lessor, the Mat-                                                               
Su Borough.   He stated  his understanding that the  borough will                                                               
receive  those funds  based on  a lease  that leases  state land,                                                               
which doesn't  belong to the  borough.  He  asked if that  is the                                                               
crux of the matter.                                                                                                             
                                                                                                                                
MS. ANGVIK affirmed  that the Mat-Su Borough is the  lessor.  She                                                               
said the crux of it, if  she understood the question, is that the                                                               
state of  Alaska owns  this land  and entered  into a  lease with                                                               
Hatcher Pass  Development Corporation for the  development of the                                                               
ski area.   The state  then assigned  its interest to  the Mat-Su                                                               
Borough, in  an effort  to encourage  further development  of the                                                               
lease areas.   These events are  not affected by the  bill before                                                               
the committee, however.                                                                                                         
                                                                                                                                
Number 2679                                                                                                                     
                                                                                                                                
GREG ROMACK, Hatcher  Pass Development Corporation, Incorporated,                                                               
testified via  teleconference from  Anchorage.  He  reported that                                                               
the first  phase of the  resort development is estimated  to cost                                                               
about $13 million.   They currently have a loan  sponsored by the                                                               
Alaska Industrial  Development and  Export Authority  (AIDEA), as                                                               
well as  private equity, "to take  us to about $9  million of the                                                               
$13 million."   They also  have a  couple of federal  grants that                                                               
they believe are in place.  Mr.  Romack noted that there is a gap                                                               
of  about $3  million for  which they  don't have  financing, for                                                               
infrastructure-type  items,  which  they   are  working  on  from                                                               
various  sources.   The  first  phase  for  the ski  hill  itself                                                               
includes a base  lodge facility; two chair lifts to  the top; and                                                               
all  of  the  infrastructure   such  as  snow-making  facilities,                                                               
maintenance buildings, parking lots and night lighting.                                                                         
                                                                                                                                
MR. ROMACK  concluded, "We  are in  favor of  the bill  that's in                                                               
front of you.  From  our perspective, it doesn't change anything.                                                               
The  Hatcher Pass  master plan  covers the  fact that  there's no                                                               
development along that  corridor that can be seen  from the road.                                                               
This transfer  will not impact  that.   We have no  intentions of                                                               
developing the  corridor, and  the lease does  not allow  for it.                                                               
In  the previous  testimony, there  was some  question about  the                                                               
$93,000 that  goes go the  Mat-Su Valley and the  Mat-Su Borough.                                                               
And I'm not  sure whether they're online, but I  do know that one                                                               
of their intents  was to leverage that $93,000, to  help us close                                                               
the gap,  because the heart  of the  matter is really  that we're                                                               
four miles  away from  the closest  piece of  infrastructure, and                                                               
we're trying - through numerous plans - to cover those costs."                                                                  
                                                                                                                                
Number 2778                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BARNES asked  Mr.  Romack how  much funding  they                                                               
have from AIDEA.                                                                                                                
                                                                                                                                
MR. ROMACK replied that AIDEA  has committed, in conjunction with                                                               
the National Bank of Alaska (NBA), to a $6 million loan.                                                                        
                                                                                                                                
REPRESENTATIVE BARNES  expressed her understanding that  there is                                                               
$2 million in private-source money.                                                                                             
                                                                                                                                
MR. ROMACK affirmed that.                                                                                                       
                                                                                                                                
REPRESENTATIVE BARNES  noted that  it is  a $13  million project,                                                               
suggesting that the  income will be greater than  $93,000 once it                                                               
is  a fully  functioning  facility.   She  suggested the  $93,000                                                               
leverage would  probably be used  to float revenue  bonds, defray                                                               
revenue bonds or something of that nature.                                                                                      
                                                                                                                                
MR. ROMACK replied, "It  is hard for me to speak  for them, but I                                                               
believe that is their intent."                                                                                                  
                                                                                                                                
Number 2838                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES  said the  difference now  is approximately                                                               
between  what  would  be  floated   in  revenue  bonds  by  local                                                               
governments and  AIDEA funding, and  that private  money invested                                                               
would only be about $2 million.  She asked if that is correct.                                                                  
                                                                                                                                
MR. ROMACK affirmed that.                                                                                                       
                                                                                                                                
CO-CHAIR OGAN  stated, "Private money  - they're on the  hook for                                                               
the money  they borrow, as well.   So, they're willing  to put $2                                                               
million  of their  own money,  to  leverage the  $6 million  from                                                               
AIDEA and NBA.  That makes them responsible for $8 million."                                                                    
                                                                                                                                
Number 2873                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES  replied, "What's  really on the  hook here                                                               
for the AIDEA money - and would  be literally on the hook for the                                                               
$93,000 worth  of money  that literally belongs  to the  state to                                                               
leverage for revenue  bonds - would be state land,  at this point                                                               
in time, that  if they defaulted, we'd simply get  back our state                                                               
land."                                                                                                                          
                                                                                                                                
MR. ROMACK  agreed that if they  defaulted, they would be  out of                                                               
the picture.   However,  there would be  a developed  ski resort,                                                               
which   probably  would  have  some value  above  the basic  land                                                               
lease.                                                                                                                          
                                                                                                                                
Number 2912                                                                                                                     
                                                                                                                                
REPRESENTATIVE   BARNES  asked,   for  a   fully  developed   and                                                               
functioning  ski  resort  on  state land  leased  to  the  Mat-Su                                                               
Borough, what the  income estimate is to the  Mat-Su Borough each                                                               
year.                                                                                                                           
                                                                                                                                
MR.  ROMACK  answered,  "Our   financial  projections,  based  on                                                               
studies  that have  been previously  done, is  the revenue  would                                                               
start out  at $93,000  off the  lease, and  it would  ratchet up,                                                               
over a ten-year period, to  approximately $130,000 annually."  He                                                               
indicated they hadn't projected past ten years.                                                                                 
                                                                                                                                
TAPE 99-31, SIDE B                                                                                                              
Number 2938 [Numbers run backwards because of tape machine]                                                                     
                                                                                                                                
REPRESENTATIVE BARNES  asked, if  the debts to  AIDEA and  to the                                                               
developers were paid  off, what the income to  the Mat-Su Borough                                                               
would be.                                                                                                                       
                                                                                                                                
CO-CHAIR  OGAN   said  he   would  be   happy  to   provide  that                                                               
information, but  indicated he  would like to  pass the  bill out                                                               
that day.                                                                                                                       
                                                                                                                                
REPRESENTATIVE BARNES  wondered how  they were  going to  do that                                                               
when they needed more information.                                                                                              
                                                                                                                                
CO-CHAIR  OGAN called  an at-ease  at  2:47 p.m.  and called  the                                                               
meeting back to order at 2:48 p.m.                                                                                              
                                                                                                                                
Number 2882                                                                                                                     
                                                                                                                                
MIKE  SCOTT, Manager,  Matanuska-Susitna  Borough, testified  via                                                               
teleconference.   He  said the  bill would  give the  borough the                                                               
right to select the remaining 939  acres in the lease area.  They                                                               
have already  submitted their  request to  select the  balance of                                                               
the lease area.   The borough would still have  to go through the                                                               
Title  38 process  once they  are granted  the opportunity  to go                                                               
through the process  of selection and then conveyance.   In 1986,                                                               
the  legislature  did  contemplate  that  these  lands  could  be                                                               
selected,  and rightfully  so,  under  the municipal  entitlement                                                               
program.                                                                                                                        
                                                                                                                                
MR. SCOTT listed  the people available to testify:   Ron Swenson,                                                               
Director,  Mat-Su Community  Development;  Darcie Salmon,  Mat-Su                                                               
Mayor; Jim  Turner, Mat-Su  Assemblyman; and  there may  be other                                                               
assembly  members at  the  Legislative  Information Office  (LIO)                                                               
available to  testify.   Also they  have Kelly  Huber, President,                                                               
Mat-Su RC&D,  Ted Smith,  Title Land  Director and  retired parks                                                               
director for  the state  of Alaska;  Al Jorgensen;  Janet Kinkaid                                                               
(ph), Valley  Hotel and  Vice President  of the  Mat-Su Visitor's                                                               
Convention Bureau; Edna DeVries,  former state Senator; and Sarah                                                               
Palin, Mayor  of Wasilla, all  of whom support  this legislation.                                                               
This is  also an  opportunity for  the borough  to be  more self-                                                               
sufficient,  Mr.  Scott  stated,  to   create  126  jobs  and  do                                                               
something to help their economy as  they see layoffs from the oil                                                               
industry.                                                                                                                       
                                                                                                                                
Number 2795                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN  noted that the  original fiscal note  was $15,000.                                                               
He asked Mr.  Scott if the borough  is willing to step  up to the                                                               
plate to cover the cost of the transfer.                                                                                        
                                                                                                                                
MR. SCOTT answered  that they will stipulate  to costs rightfully                                                               
borne  by them.    The  DNR recognized,  prior  to the  borough's                                                               
selection of the  other acreage, that it may  have been difficult                                                               
to assist in getting this  development together, because there is                                                               
absolutely no  infrastructure to help support  a development like                                                               
this up at Hatcher Pass.  The  borough is not only stepping up to                                                               
the plate in  the that area but in the  bigger picture, in making                                                               
this development  happen not  only for the  valley, but  also for                                                               
the economy of the state.                                                                                                       
                                                                                                                                
Number 2731                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE  asked how much  of the entitlement  for the                                                               
Mat-Su Borough they have not received from the state.                                                                           
                                                                                                                                
MR. SCOTT deferred to Ron Swenson.                                                                                              
                                                                                                                                
Number 2685                                                                                                                     
                                                                                                                                
RON SWENSON,  Director, Community  Development, Matanuska-Susitna                                                               
Borough, testified  via teleconference from  the Mat-Su LIO.   He                                                               
said the Mat-Su Borough currently  has an outstanding entitlement                                                               
of about 10,000 acres.                                                                                                          
                                                                                                                                
REPRESENTATIVE  JOULE  asked  Mr.  Swenson how  many  acres  this                                                               
transfer would add.                                                                                                             
                                                                                                                                
MR. SWENSON said about 3,000 to 3,500 acres.                                                                                    
                                                                                                                                
MR.  SCOTT added  that it  would be  for the  entire lease  area,                                                               
including the 939 acres of public use area.                                                                                     
                                                                                                                                
Number 2653                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE  asked whether, for the  entitlement coming,                                                               
this would, then, take the amount and make it that much less.                                                                   
                                                                                                                                
MR. SCOTT affirmed that.                                                                                                        
                                                                                                                                
REPRESENTATIVE JOULE  asked if through this  legislation they are                                                               
conveying what the state owes in entitlement to a municipality.                                                                 
                                                                                                                                
Number 2621                                                                                                                     
                                                                                                                                
MR. SCOTT  answered no, this  legislation does not convey  it; it                                                               
simply allows the borough the  opportunity to select it under its                                                               
municipal entitlement.  Then the  conveyance must still adhere to                                                               
the  Title 38  process, which  would follow  this threshold  that                                                               
they would  need to  cross in  order to  engage in  that process.                                                               
There is a two-stage process.                                                                                                   
                                                                                                                                
Number 2600                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE asked  if they would simply  be selecting it                                                               
and then authorizing its usage.                                                                                                 
                                                                                                                                
MR. SCOTT  indicated that is  true provided the state  of Alaska,                                                               
in its  Title 38 process, deems  it in the best  interest for the                                                               
state.   They  have  endeavored to  do that  in  a memorandum  of                                                               
agreement  signed jointly  with  the borough,  he  said, and  the                                                               
borough has  stipulated that they  would follow the  Hatcher Pass                                                               
Management Plan, as amended.                                                                                                    
                                                                                                                                
REPRESENTATIVE  BARNES asked  Mr. Scott  what the  Mat-Su Borough                                                               
plans to  do with $900,000  appropriated out of the  general fund                                                               
to the  Mat-Su Borough for construction  of public infrastructure                                                               
of Hatcher Pass.                                                                                                                
                                                                                                                                
MR.  SCOTT  answered that  they  had  briefed the  House  Special                                                               
Committee on Economic Development and  Tourism about a month ago,                                                               
saying the $900,000 would be part  of a total of about $5 million                                                               
in  public financing  for items  like water,  sewer, parking  and                                                               
utilities.                                                                                                                      
                                                                                                                                
Number 2529                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BARNES asked  if  this $900,000  is  just a  down                                                               
payment on $5 million.                                                                                                          
                                                                                                                                
MR.  SCOTT  said  they  contemplate   that  this  is  their  only                                                               
legislative  appropriation   request.     He  indicated   that  a                                                               
stipulation  in  the memorandum  of  agreement  says the  borough                                                               
would  invest in  a revenue  stream,  invest the  funds into  the                                                               
project, and  use the revenue stream  off of this lease  in order                                                               
to generate some revenue.   There are federal grants available to                                                               
the local governments  that they are putting together  in a total                                                               
package.   They  don't  anticipate requesting  any other  special                                                               
appropriation from the legislature, he concluded.                                                                               
                                                                                                                                
Number 2481                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES  said her  understanding is that  they hope                                                               
to use the  $96,000 to float revenue bonds, with  which they hope                                                               
to leverage the federal government  for additional funds, and all                                                               
they would  be asking from  the state now  is the $900,000.   She                                                               
asked:   If  at some  future  time they  aren't able  to get  the                                                               
grants from  the federal  government, would  the borough  be back                                                               
before the legislature asking for those additional funds?                                                                       
                                                                                                                                
Number 2452                                                                                                                     
                                                                                                                                
MR. SCOTT answered  that he would not anticipate  that, given the                                                               
time frame  of phase one.   They would  hope to start  this fall.                                                               
Coming back to request more money  is not their intention at this                                                               
point.                                                                                                                          
                                                                                                                                
Number 2404                                                                                                                     
                                                                                                                                
MR. SCOTT  clarified that when  he was  referring to phase  one -                                                               
the $13.3  million that Mr. Romack  referred to - the  state has,                                                               
through the  federal funds in  the state  transportation approval                                                               
plan  program, the  funds to  pave the  road from  Milepost 7  to                                                               
Milepost 14, and to do  some scenic overlooks, for example, which                                                               
are not directly related to the development of the project.                                                                     
                                                                                                                                
REPRESENTATIVE BARNES asked  how much of that  above the $900,000                                                               
is for the road.                                                                                                                
                                                                                                                                
MR. SCOTT  specified that  the amount  for the  road is  about $2                                                               
million, which is federal funds,  and the borough has contributed                                                               
$250,000 in matching  funds.  He indicated the  state Division of                                                               
Parks and Outdoor Recreation plans  to take it up to Independence                                                               
Mine for a variety of scenic waysides.                                                                                          
                                                                                                                                
CO-CHAIR  OGAN  noted  that  this   has  been  on  the  Statewide                                                               
Transportation Improvement Program (STIP) for a number of years.                                                                
                                                                                                                                
MR. SCOTT  agreed.   The development will  benefit from  that, he                                                               
said,  but  so will the Independence Mine and  the other activity                                                               
outside of the ski area that people use on a regular basis.                                                                     
CO-CHAIR  OGAN noted  for the  record that  that area  is heavily                                                               
used now as a recreation area.                                                                                                  
                                                                                                                                
Number 2274                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES  commented that  to get federal  money they                                                               
have to put state money with it.   She asked how much state money                                                               
is required and where that project is on the STIP now.                                                                          
                                                                                                                                
CO-CHAIR OGAN said he believes that  project on the STIP is going                                                               
to be done this year.                                                                                                           
                                                                                                                                
REPRESENTATIVE  BARNES  asked how  much  state  money is  in  the                                                               
budget this year.                                                                                                               
                                                                                                                                
CO-CHAIR OGAN said he wasn't sure.                                                                                              
                                                                                                                                
REPRESENTATIVE BARNES asked him to get that information.                                                                        
                                                                                                                                
MR. SCOTT noted  that it isn't directly related  to this project.                                                               
This  is just  one piece  in the  overall Hatcher  Pass area,  he                                                               
said;  the borough  stepped up  and contributed,  and many  other                                                               
areas  and businesses  outside  of that  area  benefit from  that                                                               
road.                                                                                                                           
                                                                                                                                
Number 2198                                                                                                                     
                                                                                                                                
JIM   TURNER,   Assembly   Member,   Matanuska-Susitna   Borough,                                                               
testified via teleconference  from the Mat-Su LIO.   He indicated                                                               
this project  and the  economic development  of Hatcher  Pass are                                                               
top priorities.   The basic infrastructure would  support the ski                                                               
project  itself,  and it  would  help  support development  of  a                                                               
visitor  attraction at  Independence  Mine  State Historic  Park.                                                               
They agree that the combination  of these developments could lead                                                               
to a  new major  tourism development  in Southcentral  Alaska for                                                               
people going north, he said.   As part of the strategic plan, the                                                               
borough has  determined what support  there is for  projects like                                                               
this.  Throughout the years  the ski area development has enjoyed                                                               
widespread  support in  the  Mat-Su Borough,  and  it is  evident                                                               
today.                                                                                                                          
                                                                                                                                
MR. TURNER commented that this  legislation merely authorizes the                                                               
state to  transfer the land  to the  borough if they  request it.                                                               
He has  been involved  in this  process since  it started  in the                                                               
early  1980s.    The  Hatcher Pass  Management  Plan  envisioned,                                                               
authorized and governed, to a  great extent, what has happened in                                                               
the process of  developing the ski area.  The  special public use                                                               
district was overlaid somewhat into  the public process.  Through                                                               
the  memorandum of  agreement with  the state  - and  through the                                                               
intentions  the borough  has expressed  in  their willingness  to                                                               
include the  language in this  bill -  they will continue  to see                                                               
that the Hatcher  Pass Management Plan still applies  and will be                                                               
in effect on  this piece of property, Mr. Turner  said.  The fact                                                               
that this land will be transferred  to the borough from the state                                                               
will not  change the ability of  the state or the  DNR to enforce                                                               
the conditions  through civil action or  through complaint-driven                                                               
action of the Hatcher Pass Management Plan.                                                                                     
                                                                                                                                
Number 2005                                                                                                                     
                                                                                                                                
KATHY WELLS testified  via teleconference from the  Mat-Su LIO in                                                               
opposition  to   SB  227,  noting   that  she  was   an  original                                                               
participant  in  the  Hatcher  Pass  Management  Plan.    She  is                                                               
strongly  opposed to  this bill  because  it will  "de-designate"                                                               
public use  area lands.   The DNR has  said this public  use area                                                               
land  is not  normally  available for  entitlement selections  by                                                               
local governments, she said, asking  the reason for doing it now.                                                               
Specifically, the 939  acres along the Little  Susitna River road                                                               
corridor  were set  aside  as  public use  area  lands, she  told                                                               
members, for protection  and use by all the public,  not just the                                                               
Mat-Su  Borough.   The  DNR  and  the  Mat-Su Borough  have  been                                                               
discussing this land conveyance  without public process, which is                                                               
why they are hearing from people.                                                                                               
                                                                                                                                
MS. WELLS  noted that  the DNR  has said there  will be  a public                                                               
process  after the  conveyance.   She  asked:   Why  not have  it                                                               
before the conveyance?  She  further asked what that process will                                                               
be.  Ms. Wells said the  Mat-Su Borough has stated that they will                                                               
adopt provisions  from the Hatcher  Pass Management Plan.   There                                                               
is no  guarantee of that, however,  as it is not  in the language                                                               
of  HB  227  right  now.    These  provisions  will  need  to  be                                                               
documented  and be  placed in  HB  227, as  well as  in the  land                                                               
patent transfer.                                                                                                                
                                                                                                                                
MS.  WELLS pointed  out that  provisions currently  in place  are                                                               
being enforced and  managed by the Division of  Parks and Outdoor                                                               
Recreation.  However,  the division was unaware  of this transfer                                                               
of public use  area lands.  When these lands  are conveyed to the                                                               
borough, the  division will  no longer be  able to  enforce these                                                               
provisions, she said.   She asked:  After the  Mat-Su Borough has                                                               
given these lands,  who will enforce the  Hatcher Pass Management                                                               
Plan?                                                                                                                           
                                                                                                                                
MS. WELLS said the DNR has  stated that if the provisions are not                                                               
met, they  can take the  public use area  lands back again.   She                                                               
asked who  will do this,  how it will be  done, how long  it will                                                               
take, and  if they  can do  this after the  borough has  the land                                                               
patent.  The  state legislature is considered  the public process                                                               
at this point,  she noted, and it is difficult  for the public to                                                               
take part  in this.  She  believes that the DNR  has violated the                                                               
public's trust  by conveying these lands  without public process.                                                               
She reminded  members that the  Mat-Su Borough can go  forth with                                                               
the development of  a ski area, as designated  within the Hatcher                                                               
Pass  Management Plan,  without  taking ownership  of a  valuable                                                               
resource of the state, owned by all Alaskans.                                                                                   
                                                                                                                                
Number 1859                                                                                                                     
                                                                                                                                
KEVIN KEELER testified via teleconference  from Anchorage.  He is                                                               
a valley  landowner, with  two and  a quarter  acres and  a cabin                                                               
one-half mile  from the proposed  transfer boundary.  He  is very                                                               
opposed to HB 227 because it  is part of a much larger 4,600-acre                                                               
transfer of land to the Mat-Su  Borough from the state, which has                                                               
virtually  had no  public notice  or involvement.   One  document                                                               
issued  by the  DNR, a  preliminary  finding of  the transfer  of                                                               
lease, states  that the purpose of  this land is that  the Mat-Su                                                               
Borough will have adequate collateral  to obtain revenue bonds to                                                               
fund the construction of the ski  area.  This means that the Mat-                                                               
Su Borough could  obtain title to these lands and  invest some of                                                               
it, Mr. Keeler said, perhaps in  the development of the ski area.                                                               
If the  ski area goes belly  up, however, they will  have to turn                                                               
that  land over  to  whomever they  got the  money  from for  the                                                               
development.                                                                                                                    
                                                                                                                                
MR.  KEELER  indicated it  is  totally  inappropriate for  public                                                               
lands - both  within the public use area and  on the south, close                                                               
to  Government  Peak  -  to  be  transferred  from  state  lands.                                                               
Regarding the transfer of lease,  there was one tiny legal notice                                                               
in the back of a newspaper,  he pointed out, and no one responded                                                               
to it.   Basically, no  one knew about  it at all,  including the                                                               
Division of  Parks and Outdoor  Recreation, which was cut  out of                                                               
that  process.   To his  knowledge, originally  the understanding                                                               
was that the  DNR would receive funds from ski  area revenues for                                                               
recreation facility  maintenance along the road,  enforcement and                                                               
so forth.   Since  they have been  cut out of  that lease  by the                                                               
Division of  Land, however,  they are no  longer able  to receive                                                               
any of  those future funding  streams.   In effect, there  was an                                                               
impact on the state's revenue  streams by cutting the Division of                                                               
Parks and  Outdoor Recreation  out of the  transfer of  the lease                                                               
agreement.                                                                                                                      
                                                                                                                                
MR. KEELER  referred to documents  indicating the  Mat-Su Borough                                                               
and the  DNR didn't  want any of  the conservation  conditions to                                                               
travel with the  title of the land.   He said only  150 acres out                                                               
of the 4,600 proposed for  transfer would be developed for resort                                                               
homes, roads garages  and common areas.  There is  supposed to be                                                               
a "moose  greenbelt" leading from  tract A  to tract B,  from the                                                               
2,000 foot level,  a quarter-mile downhill, he  pointed out; this                                                               
is  co-located with  the transfer  of public  use lands  that the                                                               
Mat-Su Borough is trying to have  "undesignated" with HB 227.  He                                                               
doesn't  believe it  is  appropriate to  go  forward because  the                                                               
lease  with the  borough  can  revert to  the  state after  three                                                               
years, if the  ski area is not successful.   He suggested that HB
227 be tabled.                                                                                                                  
                                                                                                                                
Number 1671                                                                                                                     
                                                                                                                                
NANCY  MICHAELSON testified  via  teleconference from  Anchorage,                                                               
noting that  she resides at the  base of Hatcher Pass.   She said                                                               
the area  of Hatcher Pass being  contemplated has done a  lot for                                                               
her, so she  is there to speak  up for it.   She strongly opposes                                                               
HB 227.   Ski resort  development aside,  it is not  necessary or                                                               
desirable  to prostitute  the acreage  along the  road to  Mat-Su                                                               
Borough economic  development, she said.   The right thing  to do                                                               
is to  protect the integrity  and atmosphere of the  Hatcher Pass                                                               
area as much as possible around  the ski resort development.  She                                                               
pointed out  that under Section  1, Findings of Fact,  the second                                                               
sentence talks  about the land  contained within  the development                                                               
lease, and  that it  was authorized  for development  purposes in                                                               
the  management   plan.    That  development   authorization  was                                                               
approved in  the context of  its being  a state public  use plan,                                                               
she said.   That is  different from what  this would be,  and she                                                               
trusts that the committee can make that distinction.                                                                            
                                                                                                                                
MS. MICHAELSON urged  the committee not to pass  this bill, which                                                               
promises the blight of Mat-Su  Borough's sprawl in her back yard,                                                               
including condominiums,  roads, mini-malls and  fast-food joints.                                                               
To  have that  in an  area  where her  family sits  to watch  the                                                               
harlequin ducks bob up and down  on the Little Susitna River, and                                                               
where  they  frequently have  picnics,  is  scary  to her.    She                                                               
pointed out  that what is  good for borough bureaucracy,  and the                                                               
tax-paying residents  financially, is  not what  is best  for the                                                               
public of  Alaska.  This bill  removes public use lands  from the                                                               
public,  and  in this  case,  it  is  not  in the  public's  best                                                               
interest.                                                                                                                       
                                                                                                                                
Number 1521                                                                                                                     
                                                                                                                                
GARY   MICHAELSON  testified   in  opposition   to  HB   227  via                                                               
teleconference from Palmer,  noting that he is a  resident of the                                                               
Mat-Su area.  He mentioned  Mr. Turner's statement that the title                                                               
doesn't make any  modifications, and that they're  going to stick                                                               
with the land use plan.  However, he said, this is an Act                                                                       
modifying DNR's power to control and manage that land.  Mr.                                                                     
Michaelson further stated:                                                                                                      
                                                                                                                                
     If you've been to Hatcher  Pass, it's a very small area                                                                    
     and it  needs to be  managed in  a cohesive way  - it's                                                                    
     not  just one  little  valley here,  one little  valley                                                                    
     there.  It's a very, very  compact area.  And the other                                                                    
     point  is, it  needs to  be  cohesively by  one body  -                                                                    
     whether we like DNR or not.   This is really what needs                                                                    
     to be done.                                                                                                                
                                                                                                                                
     The  other  aspect  is,  this  selected  land  that  is                                                                    
     outlined here,  this is  a key  corridor place.   Sure,                                                                    
     this would  make it  easier for  the borough  to manage                                                                    
     this  land -  their  lease  land -  but  it would  also                                                                    
     transfer  the power  of management  of that  land, that                                                                    
     key corridor area,  to them.  It is  not only important                                                                    
     to the  valley as a whole,  but also to the  quality of                                                                    
     the Hatcher  Pass/Little Susitna  River; this is  a key                                                                    
     area, a  buffer area,  between the development  area of                                                                    
     the ski area and the river.                                                                                                
                                                                                                                                
     If we  lose control, as  it says  in the title  of this                                                                    
     bill -  if the DNR,  the state of Alaska  loses control                                                                    
     of  this buffer  corridor between  development and  the                                                                    
     Little Susitna River - we  all know how important those                                                                    
     (indisc.)  areas  -  fishery recreation,  water  supply                                                                    
     downstream -  we lose that,  then we've  lost integrity                                                                    
     of the  area.  We  might as well  divide it all  up and                                                                    
     parcel it out, and I  don't think that's what the state                                                                    
     of Alaska's best  interest is.  And I  don't think that                                                                    
     the borough at  this point ... intends to  do this, but                                                                    
     as  we   see  what's  happened  in   other  areas,  ...                                                                    
     development  pressures come,  ...  and  the people  are                                                                    
     very land-based  and real  estate-based in  the valley.                                                                    
     And  I don't  think  this is  necessarily  in the  best                                                                    
     interest for our public land.                                                                                              
                                                                                                                                
Number 1315                                                                                                                     
                                                                                                                                
DARCIE SALMON, Mayor, Matanuska-Susitna Borough, testified in                                                                   
support of HB 227 via teleconference from Palmer.  He stated:                                                                   
                                                                                                                                
     It's curious  to me  that for  many years  this project                                                                    
     has  been  before the  public  eye;  and when  a  group                                                                    
     called "Mat-Suey" had  it, there was no  real intent to                                                                    
     develop  that property.   Clearly,  they  were in  line                                                                    
     waiting for  the Olympics  to come,  and when  they did                                                                    
     not  come,  "Mat-Suey"  left  with   that.    The  next                                                                    
     individual  to step  in  was a  man  named Fred  Rogers                                                                    
     (ph); he, again, was not  financially capable of taking                                                                    
     this project  forward but had  ... the control  of that                                                                    
     lease for a  considerable period of time.   And it took                                                                    
     the  Mat-Su Borough  a considerable  period of  time to                                                                    
     wrest control of that.                                                                                                     
                                                                                                                                
     And finally, today, we have  this lease in the hands of                                                                    
     a very capable developer,  with a well-documented track                                                                    
     record,  willing to  go forward.   The  lenders are  in                                                                    
     place.   We've got grants  that are being worked  on as                                                                    
     we  speak.     It's  the  only   capital  project  that                                                                    
     actually, at  this point,  puts people  to work  in the                                                                    
     state of  Alaska - not  only the  154 to build  it, but                                                                    
     the 126 to maintain and run it after the fact. ...                                                                         
                                                                                                                                
     While nothing  was being done, nothing  was being said.                                                                    
     ... Clearly,  the opponents suggest  that the  one form                                                                    
     of  government, that  being the  state,  seems to  care                                                                    
     more about  this land than another  form of government,                                                                    
     which would be  the borough, and that the  one would be                                                                    
     a  better  steward of  the  land  than  the other.    I                                                                    
     suggest to  you that  - being that  it is  in boroughs'                                                                    
     district, and  the state as  vast as  it is -  that I'm                                                                    
     sure the state  cares deeply about this  land and about                                                                    
     the  people  who live  there,  but  not more  than  the                                                                    
     borough ... and the care and concern at a local level.                                                                     
                                                                                                                                
     [It]  is my  firm  belief, philosophically,  that at  a                                                                    
     local level  we're in a  better place and a  better way                                                                    
     to understand  what's happening on a  consistent, daily                                                                    
     basis.   And  the  transfer  of this  939  acres is  an                                                                    
     integral  piece to  the  long-term  development of  the                                                                    
     entire  project,  which  gives control  to  a  singular                                                                    
     entity, and  in that respect backs  up the bureaucratic                                                                    
     red  tape  and delays  -  which  we have,  Lord  knows,                                                                    
     already suffered  years and  years and  years of,  as a                                                                    
     result of  individuals who had  control of  these lands                                                                    
     and had no intent to do anything with them.                                                                                
                                                                                                                                
     The benefit  of this property  and the benefit  of this                                                                    
     project  is clearly  for the  Mat-Su  Borough, but  not                                                                    
     only for the  people of this borough.  This  is the one                                                                    
     project which actually and truly  benefits the state of                                                                    
     Alaska, in  a way which brings  tourism and recognition                                                                    
     at  an international  level, as  well as  to the  state                                                                    
     level; and it  would be a great benefit  to the borough                                                                    
     and  the  expanded  future   enjoyment  of  the  entire                                                                    
     constituency of  the state of  Alaska once it's  up and                                                                    
     running,  and  eventually  to the  international  world                                                                    
     marketplace.                                                                                                               
                                                                                                                                
     I wholeheartedly  urge your acceptance  and willingness                                                                    
     to push this bill forward  and grant the Mat-Su Borough                                                                    
     the ability to choose this  land.  And then, of course,                                                                    
     we  will  follow  every  intent  of  the  Hatcher  Pass                                                                    
     development codes, and whatever  DNR and the state sets                                                                    
     before  us.   But  we  need this  to  move our  project                                                                    
     forward, and I urge your willingness to do so.                                                                             
                                                                                                                                
Number 1072                                                                                                                     
                                                                                                                                
DORI McDANNOLD, Valley Alaska Center for the Environment,                                                                       
testified in opposition to HB 227, via teleconference from                                                                      
Palmer:                                                                                                                         
                                                                                                                                
     I'm here  because I have a  lot of concerns, ...  and I                                                                    
     would like  to reiterate  the points  specifically made                                                                    
     by  Kevin  Keeler and  Kathy  Wells.  ... Some  of  the                                                                    
     concerns I  have, have to  do with the  public process.                                                                    
     I  believe that  it's absolutely  backwards:   consider                                                                    
     "de-designating"  lands, and  then through  legislative                                                                    
     action, and then taking a  public process at DNR to see                                                                    
     if  that's appropriate.    That  just seems  absolutely                                                                    
     backward to me.                                                                                                            
                                                                                                                                
     The other concern I have  is that, with what's standing                                                                    
     right now,  I don't  believe that  the bill  is written                                                                    
     strongly  enough, and  I would  like  to request  legal                                                                    
     consultation at  the state, for certain  that this bill                                                                    
     states  very legally  and correctly  that if  the lands                                                                    
     ... were to be transferred  to the Mat-Su Borough, that                                                                    
     in fact  there would  be written  on the  patent, clear                                                                    
     and  clean, that  they would  be following  the Hatcher                                                                    
     Pass Management Plan.  I  don't feel comfortable saying                                                                    
     that  this bill  does this,  and  I would  like to  see                                                                    
     that, if  this were  to go  forward, that  an amendment                                                                    
     for  the title  be put  in place  and that  it actually                                                                    
     states  ... that  the borough  would be  legally bound,                                                                    
     both under title and under  patent, to the Hatcher Pass                                                                    
     Management Plan, as amended. ...                                                                                           
                                                                                                                                
     I believe  that there  is no  sufficient reason  that I                                                                    
     have  heard   of  yet  that  would   warrant  the  "de-                                                                    
     designation" of this  land and transfer of  title.  The                                                                    
     borough says  they would like  to have it  for control,                                                                    
     and there has  been no good reason to me  to take lands                                                                    
     from a public use area,  where it is well-managed under                                                                    
     a plan,  and transfer  it to the  borough. ...  As they                                                                    
     stated, it's  an integral part,  but it's not  clear to                                                                    
     me why  it's so  integral, that  it's in  the borough's                                                                    
     hands.   They  say that  for financial  reasons it  may                                                                    
     make it easier,  which I understand, but  I still don't                                                                    
     think that that warrants the transfer.                                                                                     
                                                                                                                                
CO-CHAIR  OGAN asked  Ms. McDannold  to summarize  her statements                                                               
because there one more person was scheduled to testify.                                                                         
                                                                                                                                
MS. McDANNOLD  concluded, "I  continue to  oppose this  bill [HB]                                                               
227.  I  think that the borough  should not be able  to select it                                                               
at this point in time, and that  there are a lot of concerns with                                                               
that  transfer regarding  the borough's  ability to  enforce; the                                                               
borough  shows  no ability  to  enforce  other plans  that  exist                                                               
within the  borough, and  for that reason  alone that  makes this                                                               
bill null and void."                                                                                                            
                                                                                                                                
Number 814                                                                                                                      
                                                                                                                                
GARVAN  BUCARIA testified  via teleconference  from  Palmer.   He                                                               
stated:                                                                                                                         
                                                                                                                                
     I  particularly   commend  Representative   Barnes  for                                                                    
     inquiry as  to economics of this  proposed development.                                                                    
     I  would  like  to  see  a  schematic  display  of  the                                                                    
     funding, indebtedness and  payback projections prior to                                                                    
     approval of this  bill.  I, at this point,  feel that a                                                                    
     public  hearing  would  be   in  order  to  provide  an                                                                    
     opportunity  for  the  public  at  large  to  hear  the                                                                    
     details as background for more  participation.  This is                                                                    
     a a  very important  area ... in  the Matanuska-Susitna                                                                    
     Borough, and from  what my experience is, I  do not see                                                                    
     the  economic   ability  of  the  borough   to  enforce                                                                    
     conservation concerns that may  result, especially as a                                                                    
     development enlarges.                                                                                                      
                                                                                                                                
     I seriously  worry that there  is a potential  - should                                                                    
     there be a  failure of the contractor down  the line or                                                                    
     failure of  the owner down  the line - for  the holders                                                                    
     of  indebtedness   to  take  over  ownership   of  this                                                                    
     currently  owned state  land.   That  option should  be                                                                    
     abrogated by any legal means  in the development of the                                                                    
     contract of the lease.                                                                                                     
                                                                                                                                
     The area represents the upper  headwaters of the Little                                                                    
     Susitna  River drainage,   recognized  as an  important                                                                    
     anadramous   fish   stream.       The   potential   for                                                                    
     contamination  of the  headwaters of  this system  seem                                                                    
     very great, especially with  overdevelopment.  There is                                                                    
     the  question also  as to  volume  and availability  of                                                                    
     water  supplies in  this mountainous  region.   We must                                                                    
     ensure that the quality of  the water and volume of the                                                                    
     water feeding  the Little Susitna [River]  is not lost.                                                                    
     It  seems logical  that it's  healthy to  have a  major                                                                    
     buffer  between the  ski area  and the  proposed access                                                                    
     area and the stream.   In summary, I remain open-minded                                                                    
     relative to  this option,  but I  am very  fearful that                                                                    
     the loss of public recreation  area and the control and                                                                    
     long-term  status  of  this   land  may  be  threatened                                                                    
     without careful scrutiny and condition.                                                                                    
                                                                                                                                
CO-CHAIR OGAN  said he would entertain  a motion to move  HB 227.                                                               
He acknowledged  receipt during the  meeting of the  DNR's fiscal                                                               
note prepared that day.                                                                                                         
                                                                                                                                
Number 0557                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES  objected.  She  said she does  not believe                                                               
the fiscal note is accurate because  it does not reflect the loss                                                               
of state revenues.  She  reiterated that the Mat-Su Borough would                                                               
garner at least $93,000 a year  to back up revenue bonds, and the                                                               
fiscal note should reflect that.                                                                                                
                                                                                                                                
CO-CHAIR OGAN pointed out that there wasn't yet a motion.                                                                       
                                                                                                                                
REPRESENTATIVE WHITAKER  asked what  the public process  has been                                                               
to the development and proposals in general.                                                                                    
                                                                                                                                
Number 0469                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN noted  that the proposal has been on  the table for                                                               
a  number of  years, and  that  this is  the third  attempt.   He                                                               
assured  Representative  Whitaker  that  there  is  broad  public                                                               
support for  this project.   He said  the process  doesn't convey                                                               
land; it  simply allows the DNR  to go through a  public process.                                                               
He concluded, "We amended the bill  to make sure that that public                                                               
process  is  addressed  in  the  bill, so  that  there  would  be                                                               
opportunity ... for the public to  testify ....  This is a public                                                               
process."                                                                                                                       
                                                                                                                                
REPRESENTATIVE   WHITAKER  asked   about   other  committees   of                                                               
referral.                                                                                                                       
                                                                                                                                
CO-CHAIR OGAN replied  that he intends to make a  motion that the                                                               
committee zero-out  the fiscal note,  because the  Mat-Su Borough                                                               
has testified that they will pay  the costs.  He pointed out that                                                               
if HB  227 receives a positive  fiscal note, it will  be referred                                                               
to the House Finance Committee.                                                                                                 
                                                                                                                                
REPRESENTATIVE   WHITAKER  said   Representative  Barnes   has  a                                                               
legitimate concern with regard to  the fiscal note.  He indicated                                                               
the  desire  to  ensure  that  the  question  is  answered  in  a                                                               
reasonable manner.                                                                                                              
                                                                                                                                
CO-CHAIR OGAN said he would  be happy to meet with Representative                                                               
Barnes.                                                                                                                         
                                                                                                                                
Number 0231                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES  responded that she doesn't  think Co-Chair                                                               
Ogan can convince  her that HB 227 does not  have a fiscal impact                                                               
on the state  and that this is  not an improper fiscal  note.  It                                                               
doesn't show the loss to the state,  she said, and it must do so,                                                               
clearly, from the statute.  She  said she has been here all these                                                               
years, and the only public  process this has gone through relates                                                               
directly to the  procedures under DNR; it  has absolutely nothing                                                               
to do with transfer of land  to the Mat-Su Borough, in any shape,                                                               
form or fashion.   Other than the little bit  of testimony today,                                                               
there  is absolutely  no  public  process as  it  relates to  the                                                               
transfer of this land, she concluded.                                                                                           
                                                                                                                                
Number 0110                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WHITAKER said  for purposes  of debate,  he would                                                               
move to  report HB  227 {Version  D, 1-LS0949\D,  Kurtz, 5/6/99],                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying fiscal notes.                                                                                                      
                                                                                                                                
Number 0085                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES objected.                                                                                                 
                                                                                                                                
CO-CHAIR OGAN asked Representative  Whitaker if he had additional                                                               
comments.                                                                                                                       
                                                                                                                                
Number 0079                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WHITAKER  indicated he  is  an  advocate of  this                                                               
particular project.   He noted the apparent need for  it and that                                                               
it  has been  discussed for  many years.   However,  he has  real                                                               
concerns with  the process.   He said he understands  the concern                                                               
about moving  HB 227 quickly,  as well  as the concerns  of those                                                               
who are  trying to  develop this  property throughout  the Mat-Su                                                               
Borough.                                                                                                                        
                                                                                                                                
TAPE 99-32, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
REPRESENTATIVE HARRIS inquired about the urgency of this.                                                                       
                                                                                                                                
CO-CHAIR  OGAN  pointed out  that  other  than homes  and  retail                                                               
businesses,  the  Matanuska-Susitna  area has  no  private-sector                                                               
industrial development;  they need to  expand their tax  base and                                                               
economy.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  HARRIS  suggested  waiting to  get  some  answers                                                               
before voting.                                                                                                                  
                                                                                                                                
CO-CHAIR OGAN  responded, "If we  wait, it's simply not  going to                                                               
happen this  year.  And  they're ready to  go on the  ground next                                                               
fall."                                                                                                                          
                                                                                                                                
Number 0347                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN  requested a roll  call vote.   Voting to  move the                                                               
proposed committee substitute for  HB 227, Version D [1-LS0949\D,                                                               
Kurtz,  5/6/99], from  committee  were Representatives  Whitaker,                                                               
Harris, Masek and  Ogan.  Voting against  it were Representatives                                                               
Joule, Morgan,  Kapsner, Barnes and  Sanders.  Therefore,  HB 227                                                               
failed to move out of committee by a vote of 4-5.                                                                               
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Resources Standing Committee was adjourned at 3:44 p.m.                                                                         
                                                                                                                                

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