HOUSE BILL NO. 87 An Act reestablishing the Citizens' Advisory Commission on Federal Management Areas in Alaska; and providing for an effective date. REPRESENTATIVE MIKE KELLY, SPONSOR, spoke in support of the legislation & noted that it had been discussed in the House Resources Committee. He requested that his staff report on the bill. SUE STANCLIFF, STAFF, REPRESENTATIVE MIKE KELLY, explained that the Citizens' Advisory Commission on federal areas was th established in 1981 by the 12 Alaska State Legislature in order to provide assistance to the citizens of Alaska who are affected by the management of federal lands within the State. The Commission was repealed after Governor Knowles removed funding, even though the legislature approved the sunset extension to 2003. HB 87 has a sunset provision extending the Commission until 2014. The need for the Commission arose primarily from conflicts due to the passage of the Alaska National Interest Lands Conservation Act (ANILCA) in 1980, which changed the federal land management climate while attempting to protect Alaskans' access and traditional activities on federal lands. The Commission is charged with the responsibility of researching issues to assist land users, monitoring federal statutes, regulations and management decisions in order to assist citizens to minimize or resolve potential conflicts with the federal land managers. Ms. Stancliff continued, the Commission was effective assuring that land management decisions were consistent with Congressional intent and protecting interests of Alaska's citizens. Twenty-five years later, the State has a loss of institutional memory and of the promises made to Alaskans. Rules are easily overlooked when the fed's are rewriting management plans for refuges and parks. Responsible public access and traditional uses on the federal lands are just as important to citizens and communities throughout the State now as they were when the Commission was originally created. Individuals still need the assistance that the Commission previously provided them. 3:06:04 PM Representative Kelly spoke in support of the Commission. He stressed that those persons do not have an advocate in interactions with the federal land managers and often, there is a differing approach. Co-Chair Meyer understood that the Commission would be an advisory group. Representative Kelly replied correct. 3:08:07 PM KATHLEEN DALTON, (TESTIFIED VIA TELECONFERENCE), FAIRBANKS, spoke in support of the legislation. She recommended an amendment which would require the Commission to inventory other land users. She commented on the insufficient "teeth" in the relationship to the Commission's duties and recommended stronger language. She pointed out the zero fiscal note accompanying the legislation. 3:12:26 PM DICK MYLIUS, (TESTIFIED VIA TELECONFERENCE), DEPUTY DIRECTOR, DIVISION OF MINING LAND AND WATER, DEPARTMENT OF NATURAL RESOURCES, ANCHORAGE, provided the Committee some back-ground information regarding the previous Commission, which was housed within the Department of Natural Resources in Fairbanks. That Department actively reviews federal regulations. The focus of the Commission would be to look at individual concerns regarding federal land managers. The Department does not have the staffing ability at this time. The Commission could fill that void. Mr. Mylius did not have an opinion as to which department the Commission should be housed. The staff previously was in Fairbanks. Initially, it was staffed with ten people, however, toward the end, the number decreased to one. TINA CUNNING, COORDINATOR, ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT (ANILCA), DEPARTMENT OF FISH & GAME, noted that she had worked in the early implementation phases of ANILCA and worked closely with the executive director of the Citizen's Advisory Commission. She stated that they had been a valuable resource, which could not be accomplished by any department. There are a number of ways citizens can deal with disputes, since the Commission has been out of service, but individuals do not want to be in conflict with the federal managers, which have control over their activities. She warned that there is no one to help citizens walk through the red tape, without going to that level and then causing bad feelings with federal managers. 3:17:37 PM Representative Hawker questioned if those activities would be duplicated through the State Ombudsman's office. Ms. Cunning clarified that the State Ombudsman deals with State issues, not federal laws. Representative Hawker suggested that statutory authority to the Ombudsman Office might be changed through legislation to include those concerns. 3:18:54 PM Representative Kelly asked examples of the former Commission's activities. Ms. Cunning advised that the Commission was "out of commission" for 10 years. In the early 1980's, the management plans were being developed for the conservation system units. There are about 135 million acres in Alaska in special units. The original management plans for those units were supposed to encompass the compromise provisions of ANILCA for public use activities on that land. She recalled one example of when the Commission was very effective in the development of the Kodiak plan. There was a strong leaning by planners to proceed with extreme limitations on the public use of those cabins. The implement weather and bears make those cabins valuable & popular. They attempted to eliminate those cabins on the refuge. It was not an issue the State would deal with. The Commission raised the issues and the original decisions are "sticking". Another example dealt with a series of problems with trapping cabins, protected under ANILCA; the federal managers have a history of wanting to eliminate those cabins. The Commission worked with trappers to cut through red tape. The Commission was also effective in Title 1 of ANILCA boundaries adopted under the Alaska Lands Act. The National Park Service did not publish their boundaries after four years. The Commission brought the issues forward and was successful in having the boundaries mapped. 3:23:38 PM Representative Thomas asked for information regarding the former Commission's restrictions. Co-Chair Meyer stated the bill would be held to discuss housing location and appropriate staffing levels. 3:25:19 PM Representative Hawker was concerned with the indeterminate fiscal note, referencing a hearing in April 1998 on reauthorization. There were arguments made that budget cutting had affected the operations of the Commission. History indicates that it needs to be 5 or more employees to be effective. Representative Kelly commented on the housing issue. He said that they had considered both the Office of the Governor and the Department of Natural Resources. He felt that the Department of Natural Resources would be the most likely outcome & the Department would work to reduce the fiscal note. He observed that the problem is more prevalent in areas with large conservation units. Representative Kelly discussed the constant pressure on those utilizing the areas. 3:29:19 PM Representative Nelson mentioned concerns regarding the geographic allocation of board members. She requested it be stipulated that there is a rural participant. Representative Kelly agreed to discuss that. Co-Chair Meyer stated that HB 87 would be HELD in Committee for further consideration.