Legislature(1993 - 1994)
03/23/1994 03:37 PM Senate RES
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* first hearing in first committee of referral
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SENATE RESOURCES COMMITTEE
March 23, 1994
3:37 P.M.
MEMBERS PRESENT
Senator Mike Miller, Chairman
Senator Loren Leman, Vice Chairman
Senator Steve Frank
Senator Drue Pearce
Senator Dave Donley
MEMBERS ABSENT
Senator Al Adams
Senator Fred Zharoff
COMMITTEE CALENDAR
SENATE BILL NO. 293
"An Act relating to the authority of the commissioner of natural
resources to reconvey, or relinquish an interest in, land to the
United States if that land or interest being reconveyed or
relinquished is identified in an amended application for a land
allotment under federal law."
SENATE BILL NO. 311
"An Act authorizing a credit against the fishery resource landing
tax for certain contributions made by taxpayers not harvesting
fisheries resources under a community development quota and for
contributions based on fishery resources not harvested under a
quota made by taxpayers harvesting fisheries resources under a
community development quota, amending the manner of calculating the
amount available for revenue sharing by operation of this credit,
and expediting agency review of the credit applications under that
tax; and providing for an effective date."
SENATE BILL NO. 277
"An Act relating to the confidentiality of certain records relating
to fish and wildlife; and providing for an effective date."
PREVIOUS ACTION
SB 293 - No previous action to record.
SB 311 - No previous action to record.
SB 277 - No previous action to record.
WITNESS REGISTER
Perry Ahsogeak
Realty Director
Tanana Chief's Conference
122 1st Ave., #303
Fairbanks, Ak. 99701
POSITION STATEMENT: Supported SB 293.
Tom Hawkins, Sr. Vice President
Bristol Bay Native Corporation
P.O. Box 100220
Anchorage, Ak. 99510
POSITION STATEMENT: Supported SB 293.
Diane Stevens, Realty Officer
Arctic Slope Native Corporation, Ltd.
P.O. Box 1232
Barrow, Ak. 99723
POSITION STATEMENT: Supported SB 293.
Carl Meyer, Chief of Appeals
Excise and Audit Division
Department of Revenue
P.O. Box 110420
Juneau, Ak. 99811-0420
POSITION STATEMENT: Opposed SB 311.
Johne Binkley
5325 Chena Small Tracts
Fairbanks, Ak. 99708
POSITION STATEMENT: Supported SB 311.
Harvey Samuelson
Dillingham, Ak.
POSITION STATEMENT: Supported SB 311.
Dewey Schwalenberg, Executive Director
Bering Sea Commercial Fisheries Development Foundation
1577 C St., Ste 310
Anchorage, Ak. 99501
POSITION STATEMENT: Supported SB 311.
Wayne Regelin, Deputy Director
Division of Wildlife Conservation
Department of Fish and Game
P.O. Box 25526
Juneau, Ak. 99802-5526
POSITION STATEMENT: Supported SB 293.
Gordon Haber
P.O. Box 64
Denali Park, Ak. 99755
POSITION STATEMENT: Opposed SB 277.
ACTION NARRATIVE
TAPE 94-26, SIDE A
Number 001
CHAIRMAN MILLER called the Resources Committee meeting to order at
3:37 p.m. and announced SB 293 (NATIVE ALLOTMENTS ON STATE LAND) to to
be up for consideration.
SENATOR JACKO, sponsor, said this bill would resolve one of the
conflicts in Wood-Tikchik State Park. He explained there were no
provisions in statute for transferring land owned by native
allottees within a state park or any other designated state land
area and that's what this bill does.
SENATOR LEMAN asked why people would want to get rid of parcels
that are on state land. SENATOR JACKO answered that the state is
concerned that the people who have the 80 acre parcels will
subdivide the land and build lodges. He explained that the native
allotment requirements don't require that the land has to be used
at the time you filed the claim.
RON SWANSON, Director, Division of Lands, said he strongly supports
this bill. He said the difference between this bill and other
bills is that it allows any native allotment anywhere on state land
to relocate. The other three bills only allow native allotments
located within state parks to relocate to other state land. SB 293
has a much wider public appeal. SENATOR JACKO noted that in this
bill the Commissioner has the authority to make the transfer and in
SB 339 the Director has the authority.
SENATOR MILLER asked how many people would take advantage of this
legislation. SENATOR JACKO said of the 159 allotments identified
statewide, 104 of them are in Wood-Tikchik State Park. MR. SWANSON
said this bill does cover all native allotments on all state land.
He said the vast majority of the applicants would be in Wood-
Tikchik State Park, Denali State Park, and the Haines Bald Eagle
Preserve.
SENATOR FRANK asked if there was a use conflict also. MR. SWANSON
answered that native allotments were different than other
inholdings, because the use and occupancies establish the original
date. The application could have come in as late as 1971 which
isn't important. Under his proposal the applicant, the DNR, and
the BLM would all have to agree.
SENATOR FRANK asked what if the allottee wants to stay within the
state park unit. MR. SWANSON explained that it would go through
the adjudication process. BLM would have to determine if it was a
valid claim. They would then request the DNR to reconvey the land
to BLM; they would make a best interest finding and if the answer
is no, the only resort is for the federal government Department of
Justice to sue the state to reclaim title to the land. This does
happen quite often and takes a long time, he said.
PERRY AHSOGEAK, Realty Director for the Tanana Chiefs Conference,
read a statement in support of SB 293.
TOM HAWKINS, Sr. Vice President, Bristol Bay Native Corporation,
said SB 293 is a useful tool for state land managers. He supported
it strongly.
Number 300
DIANE STEVENS, Realty Officer, Arctic Slope Native Association,
Ltd., supported SB 293.
SENATOR LEMAN moved to pass SB 293 from Committee with individual
recommendations. There were no objections and it was so ordered.
Number 370
SENATOR MILLER announced SB 311 (CREDIT TO FISHERY RESOURCE LANDING NG
TAX) to be up for consideration.
SENATOR JACKO, sponsor, explained last year a 3.3% landing tax was
placed on factory trawlers operating in the waters outside of the
state of Alaska. SB 311 would allow the factory trawlers to be
given credit for making a contribution to nonprofit organizations
in the amount of 15% of that tax. It would allow CDQ harvesters
who have fish on board that are not part of their CDQ to qualify
for the credit as well as the CDQ harvesters.
SENATOR JACKO hoped the money would go to the Bering Sea Commercial
Fisheries Development Foundation which provides valuable funding
for employment training programs, educational opportunities, and
other benefits in western Alaska. This tax would generate $8 - $10
million per year.
SENATOR LEMAN asked how the credit worked.
CARL MEYER, Department of Revenue, said the purpose of the landing
tax enacted last year was to compliment the fisheries business tax
and to compensate the state and local communities for the burdens
the offshore trawler fleet was placing on the services the state
and municipalities had to pay for. The Department, therefore, does
not support, in principle, further credits against the landing tax.
The credits are inconsistent with the underlying purpose of the tax
and they erode the revenue available to the state and the impacted
municipalities.
The way the taxes are shared with the municipalities, MR. MEYER
explained, has to do with where the resources are landed. They do
not support the expedited review and approval process that is
provided in this bill. It appears to require a public hearing
process much like the process the department is involved in
promulgating regulations which is somewhat costly and burdensome.
MR. MEYER said the way he understands the bill is that the amount
of the contribution dollar for dollar would be available as a
credit which would be limited to the 13.65% of the tax. He
commented that he didn't see why the public would want to be
involved in the expedited review process.
SENATOR FRANK asked what kind of nonprofits could qualify. SENATOR
JACKO said that was in other legislation. MR. MEYER said AS
43.77.040 applies to any state nonprofit corporation. The only
limitation is that nonprofits then use the contribution for a
specific purpose.
SENATOR MILLER asked how much each taxpayer would pay under this
legislation. SENATOR JACKO said it averaged out to $400,000 a
piece.
SENATOR FRANK said he thought there was merit in focusing some
effort in the form of tax credit on getting people trained and
employed in this industry. He asked if this bill was focused
enough to fit that purpose. SENATOR JACKO said he thought it was.
SENATOR LEMAN asked how this would work for a taxpayer harvesting
under a CDQ. MR. MEYER said that 100% of the contribution is
available as a credit. The only limit is the percentage of the
tax. He reiterated that the Department opposes any further
credits.
SENATOR FRANK said he would expect the Department to take that
position, and he thought the issue was a policy call by the
legislature.
TAPE 94-26, SIDE B
Number 580
JOHNE BINKLEY, Fairbanks, said if SB 311 passes, it would continue
to put a tremendous amount of people to work in western Alaska and
increase the economic benefits of our fisheries into an area that
desperately needs it. He said the Foundation has been very
effective in putting people to work in jobs that are compatible
with their lifestyles.
When the legislature passed the tax last year, it was difficult for
the industry to justify continuing their voluntary tax to the
Foundation, as well. They have made it clear to them that when
they pay the tax to the state, they won't fund the operations of
the Foundation, too. This is their economic reality. Dutch Harbor
and Kodiak have a tremendous amount of economic activity in
offshore industry and the bulk of the revenues would be generated
from that area. He thought the intent of the bill was to spread
the benefits to other impacted communities, as well.
SENATOR LEMAN said there are other taxpayers in the state who give
a lot of money to the treasury and they also contribute from their
foundations into other community causes. He asked if these
taxpayers who say they would no longer contribute to their
foundation do so if the offer were a 50% credit instead of a 100%
credit. MR. BINKLEY said he hadn't asked them that specifically,
but he guessed they wouldn't.
SENATOR FRANK asked if they are contributing to the foundation at
this point and MR. BINKLEY answered they were.
HARVEY SAMUELSON, Dillingham, supported Mr. Binkley's testimony.
He pointed out other good things the Foundation had done for the
community. He noted that a dollar circulates in a village a lot
more than it does any place else. It has cut down on crime and the
suicide rate and helps rehabilitate drug users. It gives the
people something to look forward to. He said he had never seen a
more successful program initiated in the villages. It should go
further by being funded by the state.
Number 350
DEWEY SCHWALENBERG, Executive Director, Bering Sea Commercial
Fisheries Development Foundation, supported Mr. Binkley's
testimony. He said the State Training and Employment Program was
only able to provide 20% of the support funding for the 240 people
under the Foundation.
Number 367
SENATOR LEMAN said he thought incentive to a taxpayer to
participate is warranted, but he was skeptical about 100% credit,
because we don't do that for the University, APRN, and others. He
said he was looking at consistency in the state tax laws and
credits.
MR. MEYER commented that he thought most credits were more limited.
Number 280
SENATOR FRANK said he thought the real issue was sharing revenue
with organizations that are accomplishing a very valuable public
purpose. He said he thought they run the risk of people just not
paying if we structure the credit on a 50% basis.
SENATOR FRANK moved to pass SB 311. There was some discussion and
SENATOR MILLER said they would hold the bill until Monday and work
with the Department on the expediting issue.
SENATOR PEARCE requested the Department give them a list of all the
tax credits and their percentages, etc. for comparison.
SENATOR MILLER announced SB 277 (FISH & WILDLIFE CONFIDENTIAL
RECORDS) to be up for consideration.
WAYNE REGELIN, Deputy Director, Division of Wildlife Conservation,
said they routinely used radio collars and have always kept this
information confidential. In 1986 they asked the Board of Fish and
Game to make it confidential by regulation, because they had
requests from the tourist industry for these frequencies for flight
seeing. In 1990 an amendment was added to insure continued
confidentiality, but they added some words that said, "The
Department shall keep the information confidential when the
knowledge may be detrimental to the wildlife population." The
Department was sued in 1993 for refusing to release the radio
frequency information to a private individual who wished to conduct
research on these animals. They were required by the court to
release the information, because they could not prove the
information would not be detrimental to the population. Such a
small number of animals are collared that it would be hard to
prove.
This bill removes "when the knowledge may be detrimental to the
wildlife population." It also adds section (d) which would allow
the Department to keep specific locations of capture sites for
wildlife research or management confidential. MR. REGELIN
suggested adding language allowing the release of this information
if the requestor is under contract to the state to conduct research
on a fish and wildlife population.
MR. REGELIN added that this type of information in other states is
kept confidential. Federal agencies also keep this information
confidential.
SENATOR LEMAN moved to adopt the CS to SB 277, Utermohle, E
version. There were no objections and it was so ordered.
GORDON HABER, Denali Park, said this bill would make it impossible
for any valid scientific research to be conducted on radio collared
animals except under ADF&G contract. The only affect this bill
would have would be to suppress the kind of scientific research he
is conducting as an independent scientist. He noted that his
research has cost over $100,000 and it is available to everyone
which is a pretty good deal for taxpayers.
TAPE 94-27, SIDE A
Number 001
MR. HABER said people in his area are very disturbed about the wolf
control program, including the wolf trappers. They have come to
him to help them out. He said some of the things ADF&G tell them
are not true. For instance wolves do not run from planes, except
in rare instances. He invited them to fly with him to see this.
Number 198
SANDRA ARNOLD, Alaska Wildlife Alliance, opposed SB 277. She said
it was introduced specifically in response to their request for
public records under the Freedom of Information Act and in response
to Dr. Haber's lawsuit. The future of Alaska will depend more and
more on cooperative research and cooperative interaction between
agencies and private entities, she said.
SENATOR MILLER said he would hold the bill until Mr. Haber could
send the rest of the documents he wanted them to see before taking
action on the bill.
SENATOR MILLER adjourned the meeting at 5:30 p.m.
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