Legislature(2011 - 2012)BARNES 124
01/26/2011 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| Overview(s): Department of Natural Resources - Division of Mining, Land and Water | |
| Overview(s): Alaska Department of Fish & Game | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
January 26, 2011
1:02 p.m.
MEMBERS PRESENT
Representative Eric Feige, Co-Chair
Representative Paul Seaton, Co-Chair
Representative Peggy Wilson, Vice Chair
Representative Alan Dick
Representative Neal Foster
Representative Bob Herron
Representative Cathy Engstrom Munoz
Representative Berta Gardner
Representative Scott Kawasaki
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
OVERVIEW(S): DEPARTMENT OF NATURAL RESOURCES - DIVISION OF
MINING, LAND AND WATER
- HEARD
OVERVIEW(S): ALASKA DEPARTMENT OF FISH & GAME
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
WYN MENEFEE, Acting Director
Central Office
Division of Mining, Land and Water
Department of Natural Resources (DNR)
Anchorage, Alaska
POSITION STATEMENT: Presented the overview of the Division of
Mining, Land and Water - Department of Natural Resources.
CORA CAMPBELL, Acting Commissioner
Alaska Department of Fish & Game (ADF&G)
Juneau, Alaska
POSITION STATEMENT: Presented the overview of the Alaska
Department of Fish & Game.
ACTION NARRATIVE
1:02:16 PM
CO-CHAIR ERIC FEIGE called the House Resources Standing
Committee meeting to order at 1:02 p.m. Representatives Feige,
Seaton, Dick, Gardner, and Foster were present at the call to
order. Representatives Kawasaki, P. Wilson, Herron, and Munoz
arrived as the meeting was in progress.
^Overview(s): Department of Natural Resources - Division of
Mining, Land and Water
Overview(s): Department of Natural Resources - Division of
Mining, Land and Water
1:02:56 PM
CO-CHAIR FEIGE announced that the first order of business would
be an overview of the Division of Mining, Land and Water -
Department of Natural Resources.
1:03:31 PM
WYN MENEFEE, Acting Director, Central Office, Division of
Mining, Land and Water, Department of Natural Resources (DNR),
relayed that the mission of the Division of Mining, Land and
Water is to acquire and manage state land, water, and resources
for the benefit of present and future Alaskans. Referring to a
PowerPoint presentation and associated handout, he noted that
the division manages approximately 99 million acres of "uplands"
and approximately 65 million acres of tidelands, submerged
lands, and lands under navigable waters - for a total acreage
roughly the size of California and Oregon combined - and has
received an additional 8 million acres over the last five years
from the federal Bureau of Land Management (BLM) via the
division's land entitlement program. The division provides a
foundation for all other land management occurring in the state;
provides authorizations crucial for the development of state
land; provides revenue to the state; helps provide jobs to
Alaskans; and helps ensure a high quality of life for Alaskans.
MR. MENEFEE indicated that the division supports many
industries, projects, and programs in Alaska: mining, both
small and large scale; oil and gas exploration and development,
for example, by authorizing the ice roads on the North Slope;
commercial recreation and tourism, such as docks and lodges;
alternative energy projects, such as windmills and
hydrokinetics; transportation projects; private, commercial, and
State construction projects; communications projects; utilities;
hunting and fishing guide industry; aquaculture; municipal
infrastructure; and personal use infrastructure. The division
has six budget components, as illustrated in both the
aforementioned PowerPoint presentation and the associated
handout, with a total proposed fiscal year 2012 (FY 12) budget
of $23.6 million. The division has 207 positions; is located in
three offices - Anchorage, Fairbanks, and Juneau; and maintains
12 sections, the contacts for which are listed in the
aforementioned handout.
1:07:15 PM
MR. MENEFEE, referring to the division's Realty Services
Section, relayed that it acquires land from the BLM in order to
fulfill territorial and statehood Act grants; is close to
acquiring 105 million acres of such land; serves as land agent
for the State of Alaska; acquires land for public purposes via
purchases, exchanges, and settlements; defends state-ownership
interests - for example, with regard to navigable waters and
easements; makes title determinations to support land management
decisions; maintains records of state ownership and defends the
state's title; issues deeds and patents on land sold or
transferred; reviews all federal Alaska Native Claims Settlement
Act (ANCSA) conveyances so as to defend state interests; and
provides appraisal and survey services for the DNR.
MR. MENEFEE, referring to the division's land Planning Unit,
indicated that it sets the policy regarding how the state's land
is to be managed; prepares and revises land use plans;
identifies future uses of state land, including lands for sale
or transfer; and acts as an unorganized borough for the State.
There are 18 area plans, and 22 management plans, which are
often done for other divisions/departments, and the unit is
currently revising the area plans related to Hatcher Pass, and
the Susitna and Tanana Basins. Referring to the division's
Mining Resources Section, indicated that it manages the land and
minerals on state land, particularly that which has been
selected for development; acts as the land owner; provides over
35 different types of authorizations; and makes state lands
available for public, commercial, and private uses via such
authorizations. Some authorizations, though not all, involve
long processes and address complex situations, and some are
structured via statute or regulation.
MR. MENEFEE explained that the division is responsive to
applications, and that via some programs, the division is
actively encouraging development. It is rare, he added, for the
division to deny an authorization, though some proposals warrant
revision, say, for example, for environmental considerations.
There has been an increase in applications, and so the division
must now also address an increasing backlog. The division
administers mining claims, authorizes the development of mineral
resources, has statewide regulatory authority over reclamations,
and issues permits for coal exploration/mining. As stewards of
state-owned land and resources, the division ensures that the
state's land is available for development, that no illegal
actions are taking place on the land, and that the state
receives a reasonable return for the use of its land. The
division also disposes of land via land sales and municipal
entitlements. Individuals can acquire state land via
subdivision, remote recreational cabin sales, over-the-counter
sales, and "preference right" programs. Via the division's
municipal entitlement program, municipalities can acquire nearby
land.
1:15:20 PM
MR. MENEFEE, on the issue of water development, noted that the
division manages Alaska's water resources - though it does not
address water quality issues, which fall under the purview of
the Department of Environmental Conservation (DEC) - and this
means all water, regardless of land ownership. The division
issues water rights and temporary use permits, issues flow
reservations to protect aquatic resources, manages conflicts
over water use/misuse, approves construction of damns and
monitors them for safety, and collects and distributes
hydrologic data and assists in evaluating that data. On the
issue of litigation support, he explained that there has been
quite an increase in litigation over the last several years,
though whenever possible, the division attempts to resolve
issues without resorting to litigation, such as via the
division's Recordable Disclaimers of Interest Program. The
division files appeals on faulty BLM decisions, works with the
Department of Law (DOL) to address various legal actions, and
defends the state's rights against intrusive federal actions.
He opined that it can be better to litigate strategically rather
than just respond to suits brought by others.
MR. MENEFEE relayed that the division's [Technical & Data
Management Section] provides technical support, and that the
Director's Office provides administrative support.
CO-CHAIR FEIGE asked Mr. Menefee to elaborate on the issue of
preference rights.
MR. MENEFEE explained that although there are various forms of
preference rights, they generally involve situations in which
someone either has a right to a disposal of land or has a right
to have a preference in the disposal of an interest. For
example, if a person "had" land before Alaska became a state,
and utilized it and had some sort of federal authorization on it
that somehow didn't get recognized during conveyance, that would
be considered an error of omission, and so he/she could claim a
preference right to that land. The "preference right"
terminology is also used in some of the division's other
programs. For example, if a person were leasing shore land and
decided to build a dock, the division would consider him/her to
have a preference right to do so. He explained that the 10
processed preference right applications mentioned in the
aforementioned handout dealt with the possible disposal of land
to people who either had some sort of pre-existing right to it
or were statutorily entitled to it.
MR. MENEFEE, in response to questions, indicated that litigation
has a significant and detrimental impact on the division because
staff must then spend a considerable amount of time - sometimes
hundreds of hours - away from their regular duties in order to
gather information pertinent to the litigation. He added that
the division is in the process of documenting how much staff
time is lost in such instances, and so he would be able to
provide the committee with those statistics soon. In response
to another question, he offered his belief that the type of
litigation the division finds itself addressing is never
frivolous to those filing it, though sometimes the way they go
about proceeding with the litigation can be misconstrued as
being excessive in terms of the volume of documentation that
must then be compiled by the division.
1:27:40 PM
MR. MENEFEE, in response to comments, indicated that the
division's budget includes certain "increments" that would in
part address the issue of lost staff time due to litigation;
furthermore, future needs could be addressed either via an
amendment to that budget or via the supplemental budget. In
response to another question, he mentioned that although some
aspects of what the division occasionally does could be
considered marketing of a sort, marketing isn't specifically
part of the division's mission. In response to a question about
acquiring land from the federal government, he explained that
the division receives land on a regular basis, that the division
requested more land than it was entitled to, that Native
allotments and Native corporations get first and second
priority, that the process of conveying such land is complex,
lengthy, and therefore highly scrutinized and reviewed, and that
finalizing such conveyances could still take many more years.
REPRESENTATIVE GARDNER asked how an individual could prevent the
development of mineral resources on his/her privately-owned
land.
MR. MENEFEE explained that Alaska takes a split-estate approach
with regard to land ownership - for example, one person can own
the mineral estate, while someone else can own the surface
estate - and because the mineral estate takes priority, nothing
can be done to prevent access to [and development of] the
mineral resources on such land, though the surface-estate owner
must be properly compensated. Furthermore, because land has
been conveyed via different methodologies, rights and ownership
can be challenging for the division to determine.
REPRESENTATIVE GARDNER expressed concern that the division
doesn't have the staff necessary to process applications and
permits in a timely manner.
1:36:04 PM
MR. MENEFEE reiterated that the division's budget does contain
some items that should the legislature choose to fund them,
could help with the application/permit backlog. In response to
other questions, he relayed that the division has two engineers,
as well as some hydrologists, who are responsible for monitoring
dam safety in Alaska; that large dam projects are typically
assigned a coordinator to ensure cooperation between the
numerous authorizing agencies involved; that the division is
responsible for authorizing the laying of fiber optic cable or
pipelines under Alaska's waters; that there are several
different mining projects - both large- and small-scale -
currently occurring in Southeast Alaska; that he would provide
the committee with a list of those projects and their current
status; that the division has been in contact with the Alaskan
Shellfish Growers Association (ASGA) regarding development of
the shellfish industry; and that with regard to geothermal
projects, it is the temperature of the water that determines
which division would have jurisdiction - specifically, the
Division of Oil and Gas has jurisdiction over projects with a
water temperature greater than 120° Celsius, whereas the
Division of Mining, Land and Water has jurisdiction over
projects with a lower water temperature.
MR. MENEFEE, in response to further questions, explained that
under federal law, the Division of Mining, Land and Water
maintains State control over all coal development in the Alaska,
and is responsible for the associated leasing, approval,
permitting, reclamation, bonding, and authorizing; that in
essence, the division is implementing the federal coal
development program; that the division addresses leasing and
permitting for such projects but doesn't address royalty
payments or any delays of such; that by statute, when leasing,
the division is required to maximize a return to the state and
meet fair-market value; and that although sometimes those
leasing and permitting costs can be reduced depending on the
situation, they can't be eliminated altogether.
CO-CHAIR SEATON asked Mr. Menefee to provide comparison data
between coal leases and mariculture leases.
MR. MENEFEE agreed to do so.
1:51:42 PM
REPRESENTATIVE KAWASAKI asked how often the division initiates
litigation.
MR. MENEFEE explained that the division rarely files lawsuits on
its own, and is very selective about which ones it does file;
generally, the division is simply responding to the actions of
others. In response to a request, he relayed that the division
is very interested in increasing its ability to process
applications and permits in a more timely and efficient manner,
and so is interested in taking a several-pronged approach
towards improvement. For example, the DNR is putting together a
task force that will specifically address the issue of possible
efficiencies.
MR. MENEFEE, in response to questions, explained that the term
"active authorizations" as used in the aforementioned PowerPoint
presentation refers to all authorizations that haven't been
closed, and that some types of authorizations can be considered
to be "active" for many, many years, such as those involving
water rights or contracts to buy land. In response to comments
and other questions, he additionally explained that temporary
water use authorizations are generally addressed by the division
as quickly as possible, oftentimes within about two weeks, so
that development isn't inhibited, whereas water right
[applications], in contrast, are oftentimes set aside for a
while, since the water can still be used even though the matter
isn't fully adjudicated. Furthermore, water rights are awarded
on a first-come-first-served basis, so if there are several
applications for water rights for the same water, then the
division simply determines who sent in the first application and
then awards the water rights to him/her first. With regard to
the division's tremendous backlog, he indicated that although
the division had recently attempted to address it, staffing and
budgetary shortfalls at the time precluded the division from
succeeding.
REPRESENTATIVE HERRON asked why the division's positions aren't
being filled.
MR. MENEFEE said it used to be because the division wasn't
competitive with other employers, and now it's because the
division has had to absorb the cost of merit increases and so no
longer has sufficient funding for all of its positions.
The committee took an at-ease from 2:05 p.m. to 2:08 p.m.
^Overview(s): Alaska Department of Fish & Game
Overview(s): Alaska Department of Fish & Game
2:08:30 PM
CO-CHAIR FEIGE announced that the final order of business would
be the overview of the Alaska Department of Fish & Game.
2:08:37 PM
CORA CAMPBELL, Acting Commissioner, Alaska Department of Fish &
Game (ADF&G), after introducing staff, explained that the
ADF&G's mission - based closely on language in the Alaska
statutes, Title 16, and in the Alaska State Constitution,
Article VIII - is to protect, maintain, and improve the fish,
game, and aquatic plant resources of the state, and manage their
uses and development in the best interest of the economy and the
well-being of the people of the state, consistent with the
sustained yield principle. Referring to page 3 of a PowerPoint
presentation, she noted that it lists the department's six core
services. Harvest management - providing the opportunity to
utilize fish and wildlife resources - is measured by such things
as commercial harvest numbers and the number of hunting and
fishing licenses sold. Stock assessment - ensuring
sustainability and harvestable surplus of fish and wildlife
resources - involves measuring escapement and threshold
harvest/catch levels, and can involve conducting wildlife
surveys. Customer service - providing accurate and meaningful
information to all customers - includes producing publications
and sponsoring skills programs. Public involvement - involving
the public in management of fish and wildlife resources -
ensures that Alaskans are involved with the regulatory process
and various boards. State sovereignty - protecting the state's
sovereignty to manage fish and wildlife resources - involves
participating in federal land-management processes, in
Endangered Species Act and critical habitat determinations, and
in the federal subsistence board processes. Habitat protection
- protecting important fish and wildlife habitat during permit
and project review - is primarily accomplished by ensuring that
developers are in compliance with their habitat permits.
ACTING COMMISSIONER CAMPBELL, referring to page 4 of her
PowerPoint presentation, relayed that it lists some of the
various responsibilities of the commissioner's office, including
serving as a voting member of the North Pacific Fishery
Management Council, thereby providing Alaskans a voice in the
management of federal fisheries off Alaska's shores. A number
of the items listed on page 4 reflect federal or international
treaty responsibilities having to do with the management of
resources that cross borders. Referring to pages 5-13 of her
PowerPoint presentation, she relayed that the ADF&G is organized
into six divisions: the Division of Commercial Fisheries; the
Division of Sport Fish; the Division of Wildlife Conservation;
the Division of Subsistence; the Division of Habitat; and the
Division of Administrative Services. The first three divisions
listed are considered to be "management" divisions, the Division
of Subsistence is considered to be primarily a research
division, and the Division of Habitat addresses habitat
protection and permitting functions. Furthermore, in addition
to the Division of Administrative Services, the ADF&G also has a
Boards Support Section, which provides support to the Board of
Fisheries and the Board of Game, and "houses" the Exxon Valdez
Oil Spill Trustee Council and the Commercial Fisheries Entry
Commission, she added.
2:14:25 PM
ACTING COMMISSIONER CAMPBELL, referring to the map on page 5 of
her PowerPoint presentation, explained that it shows the
location of the ADF&G's regional and area offices, and which
divisions maintain staff in those offices, but does not show the
ADF&G's seasonal field camps or research stations. The Division
of Commercial Fisheries is charged with protecting, maintaining,
and improving the fish, shellfish, and aquatic plant resources
of the state, consistent with the sustained yield principle, for
the maximum benefit of the economy and the people of Alaska;
conducts stock assessment research and management for commercial
fisheries as well as for some subsistence fisheries; is in
charge of permitting aquaculture projects throughout the state;
and provides support for the Board of Fisheries' processes. The
Division of Sport Fish is charged with protecting and improving
the state's recreational fisheries resources, and is therefore
responsible for managing Alaska's sport fisheries, many
personal-use fisheries, and some subsistence fisheries. This
division enhances recreational fishing opportunities via the
production of hatchery-reared fish, houses within it an element
charged with protecting and improving public access to
recreational fisheries resources, and is primarily funded with
federal excise taxes and matching funds from the sale of fishing
licenses and access fees.
ACTING COMMISSIONER CAMPBELL explained that the Division of
Wildlife Conservation is charged with conserving and enhancing
Alaska's wildlife and habitats and providing for a wide range of
public uses and benefits, and thus is responsible for managing
wildlife and providing support and information for the Board of
Game processes. This division educates and informs hunters via
specific programs, and manages wildlife refuges, critical
habitat areas, wildlife sanctuaries, and other specially
designated areas. The Division of Subsistence is charged with
scientifically quantifying, evaluating, and reporting
information about the customary and traditional uses of Alaska's
fish and wildlife resources, and, again, is primarily a research
division that collects information about subsistence uses and
customary and traditional patterns, and then provides that
information to the department and the boards of fisheries and
game in order to support their decision-making processes.
Furthermore, the Division of Subsistence assists the Division of
Habitat in preparing comments on development projects that are
expected to impact subsistence fish and wildlife use.
2:18:18 PM
ACTING COMMISSIONER CAMPBELL explained that the Division of
Habitat - again, primarily a permitting division - is charged
with protecting Alaska's valuable fish and wildlife resources
and their habitats as Alaska's population and economy continue
to expand. This division reviews applications and issues
permits for activities taking place in anadromous water bodies -
fish-bearing waters. For example, the Division of Habitat
reviews proposed timber-harvest activity, conducts field
inspections, and reviews development projects authorized by
other agencies to ensure compliance. The Division of
Administrative Services is charged with providing routine
administrative services for the department, and coordinating
development of the annual operating and capital budgets. This
division also administers the ADF&G's licensing program, grants,
contracts, reimbursable services agreements (RSAs) with other
state agencies, and provides overall logistical support. The
Board Support Section is charged with ensuring that the public
process for the state's fish and wildlife regulatory system
operates efficiently and effectively. This section, in addition
to providing support to the Board of Fisheries and the Board of
Game, also provides support to 82 local advisory committees that
provide advice to the aforementioned boards.
ACTING COMMISSIONER CAMPBELL explained that the charts on
page 14 of her PowerPoint presentation illustrate the number of
employees working within each division/section; currently, of
the 1,744 total positions, 924 are fulltime positions and the
rest are seasonal positions. These charts also illustrate that
the majority of the ADF&G's employees work in one of the three
management divisions - the Division of Commercial Fisheries, the
Division of Sport Fish, and the Division of Wildlife
Conservation. She then relayed that the two charts on page 15
of her PowerPoint presentation illustrate the ADF&G's fiscal
year 2012 (FY 12) budget; the chart on the left is broken down
by division - with the bulk of the budget being spent by the
aforementioned three management divisions - and the chart on the
right is broken down by funding source, with the bulk of the
funding coming from the general fund (GF), federal funds, and
revenues from license sales.
2:22:28 PM
CO-CHAIR FEIGE asked what the ADF&G would be doing to alleviate
friction between commercial fisheries users and sport fisheries
users.
ACTING COMMISSIONER CAMPBELL explained that some internal steps
have been taken to ensure that the various divisions are
cooperating, but acknowledged that more could be done. For
example, for a variety of reasons, subsistence fisheries and
personal use fisheries tend to be managed by either the Division
of Commercial Fisheries or the Division of Sport Fish, and so
the ADF&G is going to be reviewing particular activities in
order to ensure that their division assignment is sensible.
CO-CHAIR SEATON raised the issue of over-escapement.
ACTING COMMISSIONER CAMPBELL acknowledged that over-escapement
represents lost economic opportunities for the state, and
assured the committee that she would be researching that issue
further and attempting to find solutions to the problem. In
response to other questions, she agreed to also research the
issues of federal funding for outdoor firearm ranges, and
personal-use fisheries abuses and crimes.
2:30:10 PM
REPRESENTATIVE MUNOZ asked whether the ADF&G has researched the
issue of designating the Taku River a critical habitat, and
whether such designation could be crafted so as not to impede
property owners from accessing their land.
ACTING COMMISSIONER CAMPBELL indicated that she has encouraged
the stakeholders along the Taku River to get together and decide
what it is that they wish to accomplish in terms of protecting
the river, thereby making it easier for the ADF&G to provide
assistance; currently, though, such clarification from the
stakeholders has not been forthcoming.
ACTING COMMISSIONER CAMPBELL, in response to questions,
indicated support for the ADF&G's commitment to sustainability,
mentioned that she would be attempting to take an innovative
approach to solving the state's resource management quandaries,
and opined that the ADF&G's highest priority should be resource
sustainability, citing the salmon fishery as an example of a
resource that the people of Alaska rely on. In response to
comments and questions about enforcement of the state's
fisheries laws, she explained that although the ADF&G doesn't
have a role in how the Department of Public Safety (DPS) expends
its enforcement resources, the ADF&G does share its information
with the DPS.
REPRESENTATIVE HERRON expressed his hope that the ADF&G and the
DPS would begin working more closely with each other on
enforcement issues.
REPRESENTATIVE P. WILSON asked for more information regarding
the issue of staff recruitment, retention, and training.
ACTING COMMISSIONER CAMPBELL said that although recruitment and
retention continues to be a problem, the ADF&G has instituted a
number of internal programs to try to encourage workforce
development and recruit new biologists, and the ADF&G continues
to be focused on mentoring and transferring knowledge to new
employees. In response to further comments and questions, she
assured the committee that she has been and would continue to be
taking steps to address staffing and salary issues; acknowledged
that a lack of accurate information about a particular resource
can result in missed economic opportunities; but cautioned that
the cost of obtaining accurate information must be weighed
against the cost of attempting to manage Alaska's resources
without sufficient data. In response to another question, she
acknowledged that expanding sea otters populations have had a
significant impact on Alaska's shellfish resource, and said she
has been and would continue to be working with the federal
government, which manages sea otter populations, on that issue.
ACTING COMMISSIONER CAMPBELL, in response to a question,
clarified that the decisions regarding opening and closing
subsistence hunts and subsistence fisheries aren't made by the
Division of Subsistence, which, again, is primarily a research
division, but are instead made by the Division of Wildlife
Conservation and, with few exceptions, the Division of
Commercial Fisheries, respectively, and that the decisions
regarding which uses are customary and traditional and whether a
reasonable opportunity for subsistence [hunting and fishing] is
being provided are made by the Board of Game and the Board of
Fisheries, respectively.
2:51:52 PM
REPRESENTATIVE DICK noted that in years past, people in his
district didn't have much confidence in those enforcing Alaska's
fish and game laws because the officers took an adversarial
approach towards the people, though he has since seen a shift
for the better.
CO-CHAIR SEATON asked that department personnel be reminded that
they are merely supposed to present the Board of Game and the
Board of Fisheries with balanced information, not promote the
department's agenda.
ACTING COMMISSIONER CAMPBELL assured members that information
being presented to those boards by department personnel is
reviewed beforehand to ensure it is unbiased.
2:56:39 PM
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 2:57 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| DNR Div. of Mining Land & Water Overview.pdf |
HRES 1/26/2011 1:00:00 PM |
|
| DNR Div. of Mining Land & Water Text.doc |
HRES 1/26/2011 1:00:00 PM |
|
| ADF&G Commiss. Office Overview.pdf |
HRES 1/26/2011 1:00:00 PM |