CS FOR SENATE BILL NO. 34(FIN) "An Act reestablishing the Citizens' Advisory Commission on Federal Management Areas in Alaska; relating to the membership and duties of the Citizens' Advisory Commission on Federal Management Areas in Alaska; relating to the authority of the Department of Natural Resources regarding the Citizens' Advisory Commission on Federal Management Areas in Alaska; and providing for an effective date." 9:21:56 AM Co-Chair Foster asked for a review of the bill. He noted the committee had heard the bill several times during the previous and current sessions. SENATOR JAMES KAUFMAN, SPONSOR, explained that the bill would reestablish the Citizens Advisory Commission on Federal Management Areas (CACFA). The commission's role was to represent the views of Alaskan citizens concerning federal land management plans within the state. Co-Chair Foster noted that he had two amendments to offer based on input from some statewide organizations. Co-Chair Foster MOVED to ADOPT Amendment 1, 33-LS0250\S.1 (Gunther, 5/8/24) (copy on file): Page 2, lines 11 - 12: Delete "a federally recognized tribe and at least one other member must be a shareholder of" Insert "and represent a federally recognized tribe. At least one other member must be a shareholder of and represent" Representative Stapp OBJECTED for discussion. Co-Chair Foster asked his staff to come to the table. He explained the amendment pertained to two seats on the commission. The bill specified that one member was to be a member of a tribal organization and one was to be a shareholder. He referenced his comment at a prior hearing on the bill that [under the bill's current language] someone could be tribal member living in Florida [or elsewhere out of state]. For example, he had brothers who lived in the State of Washington who were both tribal members and shareholders who could technically serve on the commission. He was looking to ensure the seat would be filled by someone who was clearly a representative of a tribe or Native corporation. He asked for further details from his staff. PAUL LABOLLE, STAFF, REPRESENTATIVE NEAL FOSTER, noted that the only change made by the amendment was the addition of the term "and represent." He explained the term was intended to mean "to act on behalf of." Co-Chair Foster did not want to be overly prescriptive. The intent of the amendment was to have the seat filled by someone for example who was the external affairs director, governmental affairs director, CEO, or president [of a federally recognized tribe]. He asked to hear from the bill sponsor to ensure he was amenable to the amendment. Senator Kaufman relayed that he was very supportive of the amendment. He detailed that the amendment was reflective of the work his office had done to improve the geographic and cultural representation of the board. Co-Chair Foster noted that his office had also checked with the Alaska Federation of Natives (AFN). Representative Stapp WITHDREW the OBJECTION. There being NO further OBJECTION, Amendment 1 was ADOPTED. 9:26:04 AM Co-Chair Foster MOVED to ADOPT Amendment 2, 33-LS0250\S.3 (Gunther, 5/9/24) (copy on file): Page 2, line 14: Delete "a new subsection" Insert "new subsections" Page 2, following line 16: Insert a new subsection to read: "G) Notwithstanding another provision of this section, the commission may not consider, research, or hold hearings relating to public use on private land, including a highway with an easement onto private land or onto public land reserved for private use. In this subsection, "highway" has the meaning given in AS 19.59.001." Representative Stapp OBJECTED for discussion. Co-Chair Foster explained that some statewide organizations had indicated concern that the bill could allow grandfathered trails to go over private lands. For example, Alaska Native Corporations owned large parts of the state. The entities wanted to make sure that if there was a grandfathered trail, the bill would not allow someone to go over private lands. It would also apply to individuals as well. For example, if someone had a farm somewhere that had a grandfathered trail, it would not allow just anyone from the public to trespass over individual landowners' private land. Mr. Labolle noted the amendment included the terminology "or onto public land reserved for private use." He explained that the language captured tribal land, which was technically federal land held in trust. Co-Chair Foster asked the bill sponsor for any comments on the amendment. Senator Kaufman believed CACFA's scope was clear in the bill as currently written, but he understood the concerns and deferred to the will of the committee. Representative Stapp looked at the amendment language "including a highway with an easement onto private land." He thought it seemed to mean a lot of things. He noted there were many easements on state highways. He asked if the language meant any conversation would be disallowed just because easements ran through public highways. Mr. Labolle answered that the word "highway" was as defined in statute. He explained the language was intending to capture RS 2477s. Representative Stapp WITHDREW the OBJECTION. There being NO further OBJECTION, Amendment 2 was ADOPTED. Co-Chair Foster reported that no other amendments had been received. The committee had previously reviewed the fiscal note and taken public testimony. Co-Chair Edgmon stated he certainly would not object to moving the bill from committee. He relayed there was a proven element to the commission because he had been at the table a number of years back when it had been decided the commission was not needed per the cost at the time and the duties of the executive director. He hoped that 10 to 12 years later that with a renewed sense of purpose the commission could reestablish itself and not return to the point where there were questions about its germaneness given the amount of money to be spent on it annually. Co-Chair Johnson MOVED to REPORT HCS CSSB 34(FIN) out of committee with individual recommendations and the accompanying fiscal note. 9:31:05 AM AT EASE 9:31:29 AM RECONVENED Co-Chair Johnson restated her motion. There being NO OBJECTION, it was so ordered. HCS CSSB 34(FIN) was REPORTED out of committee with five "do pass" recommendations, four "no recommendation" recommendations, and one "amend" recommendation and with one new fiscal impact note from the Department of Natural Resources. Co-Chair Foster noted the committee would give Legislative Legal Services the ability to make technical and conforming changes when incorporating the two amendments to the bill. He thanked the bill sponsor. Senator Kaufman thanked the committee.