Legislature(1993 - 1994)
02/15/1994 03:42 PM Senate RES
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* first hearing in first committee of referral
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SENATE RESOURCES COMMITTEE
February 15, 1994
3:42 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. 240
"An Act relating to an optional municipal tax credit for costs of
certain river habitat protection improvements."
SENATE CONCURRENT RESOLUTION NO. 13
Relating to the Gold Rush Centennial Decade.
CS FOR SENATE BILL NO. 217(HES)
"An Act relating to the University of Alaska and university land,
authorizing the University of Alaska to select additional state
public domain land, and defining net income from the University of
Alaska's endowment trust fund as `university receipts' subject to
prior legislative appropriation; and providing for an effective
date."
PREVIOUS ACTION
SB 240 - See Resources minutes dated 2/4/94 and 2/14/94.
SB 217 - See Health, Education & Social Services minutes dated
1/26/94 and 2/2/94. See Resources minutes dated
2/14/94.
SCR 13 - See Resources minutes dated 2/14/94.
WITNESS REGISTER
Leo Oberts
1440 Chinook Ct.
Kenai, Ak. 99611
POSITION STATEMENT: Commented on SB 210.
Senator Sharp
Capitol Building
Juneau, Ak. 99801-1182
POSITION STATEMENT: Sponsor of SCR 13.
Janet McCabe
National Park Service
2525 Gambell
Anchorage, Ak. 99501
POSITION STATEMENT: Supported SCR 13.
Rick Solie
c/o Senator Frank
Capitol Building
Juneau, Ak. 99801-1182
POSITION STATEMENT: Sponsor of SB 217.
Brian Rogers
University of Alaska, Fairbanks
Fairbanks, Alaska
POSITION STATEMENT: Supported SB 217.
Gerald Gallagher
Legislation Liaison
Department of Natural Resources
400 Willoughby
Juneau, Ak. 99801
POSITION STATEMENT: Supported SB 217 except for conveyance of oil l
and gas to the University.
ACTION NARRATIVE
TAPE 94-8, SIDE A
Number 001
CHAIRMAN MILLER called the Resources Committee meeting to order at
3:42 p.m. and announced SB 240 (MUNICIPAL TAX CREDIT/HABITAT
PROTECTION) to be up for consideration.
SENATOR PEARCE, sponsor, moved to adopt the CS for SB 240, Cook
version J, dated 2/11/94. There were no objections and it was so
ordered.
She said Section 1 (a) was clarified to stipulate the tax credit is
for restoring or protecting fish spawning habitat. On page 1, line
12 "along or" after "habitat". On page 2, line 10, after "law," "a
condition of a permit" was deleted. On page 2, line 16, after
"the" "the mean high tide line" was inserted. On page 2, line 23
language was added saying the ADF&G may establish procedures to be
used for certification by regulation.
She noted there are letters from the Kenai Borough and the Kenai
River Special Management Area Advisory Board endorsing the changes.
Number 86
SENATOR LEMAN moved to discharge CSSB 210 from Committee with
individual recommendations and with the $0 fiscal note. There were
no objections and it was so ordered.
LEO OBERTS asked what "ordinary high water" meant on page 1, line
13. He thought it possibly should be deleted.
He said he wasn't getting any consideration in this bill for
keeping his property in its natural state.
SENATOR PEARCE said the definition of "ordinary high water" is the
one used in statutes to be consistent. The Kenai River is a
special use area and has to be consistent. She said under present
state law, he already has the right to receive conservation
easements.
Number 197
SENATOR MILLER announced SCR 13 (GOLD RUSH CENTENNIAL DECADE) to be be
up for consideration.
SENATOR SHARP, sponsor, said the intent of the resolution is to
promote the importance of gold mining in the origin of our state.
JANET MCCABE, National Park Service, supported SCR 13.
SENATOR MILLER announced a recess from 4:00 p.m. to 4:03 p.m.
Number 274
SENATOR LEMAN moved to discharge SCR 13 from Committee and
accompanying fiscal note with individual recommendations. There
were no objections and it was so ordered.
SENATOR MILLER announced SB 217 (INCREASE LAND GRANT TO UNIV. OF
ALASKA) to be up for consideration.
RICK SOLIE, Aide to Senator Frank, said the two changes made in the
proposed CS were the incorporation of an amendment that would not
allow the University to select lands that are on the DNR's 5-year
oil and gas leasing plan. The second changes the method of
conveyance, because the survey would be costly. So they utilized
the municipal selection process that is already in statute.
Number 284
SENATOR FRANK moved to adopt the CS to SB 217 and asked for
unanimous consent. There were no objections and it was so ordered.
MR. SOLIE clarified that the University is allowed to take
possession of a claim that is currently being held by a miner, but
only after the lease has expired.
SENATOR FRANK noted that there was no dedication of funds. This
legislation would allow the University to be more equitable with
other land grant universities in the United States.
SENATOR PEARCE asked if their lands were in one place or spread out
over the state.
BRIAN ROGERS, University of Alaska, Fairbanks, said their land is
spread throughout the state, although there is very little in the
northern and western parts. He said the University had a much
larger land grant, but due to lack of survey, lost that land grant
with statehood. This bill redresses that old wrong.
GERALD GALLAGHER, Department of Natural Resources, responded to the
question of mining claims that they would remain under the
management of the DNR. The income stream would continue to flow
into the state treasury until the mining claim disappeared or was
abandoned. The University could not come in and change the
contract.
He said their one concern with the bill is the conveyance of oil
and gas to the University which is not in the best interest of the
state.
SENATOR FRANK said he appreciated that concern and reasoned if the
University had a windfall, probably the state could step in and
take it. He thought it was the legislature's call.
Number 496
SENATOR FRANK moved to pass SB 217 with fiscal notes and asked for
unanimous consent. There were no objections and it was so ordered.
SENATOR MILLER thanked everyone for their participation and
adjourned the meeting at 4:26 p.m.
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