SB 293 - NATIVE ALLOTMENTS ON STATE LAND Number 700 CHAIRMAN PORTER announced the next bill to come before the committee would be SB 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." BRYCE EDGMON, legislative staff to Senator Jacko, thanked Chairman Porter for hearing the bill, as well as extending apologies from Senator Jacko for not being able to make it to the hearing. He explained there is a situation in the state where there are Native Allotments, statewide, which are located on top of lands that the state has designated for public purpose. The prime example are those allotments located in state parks. He said there are also Native allotments located on airports, on prime recreational areas, on roads, and a several other sites the State has designated as public use areas. What SB 293 does is gives the Commissioner of the Department of Natural Resources (DNR) a tool to work with the allottee and the federal government to take this parcel of land, this allotment which is located on top of state land, that has been set aside for public use, and relocate it to another parcel outside of this public purpose area. The bill itself makes a technical change to Title 38, to give the commissioner of DNR the authority to reconvey the land to the federal government, once the relocation of the parcel has been designated. The bill has a zero fiscal note. It passed the Senate 19 - 1. It is actually felt that the bill would have a positive fiscal impact, because it would save DNR staff a lot of time in resolving these land use conflicts, and it would also save time in litigation, in the adjudication stage of resolving this allotment problem. MR. EDGMON ended his testimony with one anecdotal incident. He said was talking with the director of Parks right before the committee hearing today who told him of an elderly lady in the village of Newstuyahok, which is located outside of Dillingham, who filed for her allotment during the Teddy Roosevelt Administration. This woman is 104 years old now, and is still fighting to gain title to her Native allotment. He then said he would be available for any questions. Number 742 REPRESENTATIVE PHILLIPS referred to the latest land selections DNR has done to complete our statehood land selections and asked if the bill would conflict with those other selections. MR. EDGMON replied that it would not reduce the 100 million acres that the state receives from the federal government. REPRESENTATIVE GREEN said the he feels the bill is a good piece of legislation. He referred to there being a large number of cases that had to cross allotment areas. There are problems associated with who gives the permission; Is it the Bureau of Indian Affairs? Is it the allottee himself? Is it the state or the federal government? He said it is a nightmare, and if the bill can unscramble that nightmare, it is a good piece of legislation. CHAIRMAN PORTER asked where the selections would be made and where the classification of land selections would be made from. MR. EDGMON said it would be a mutually agreed upon site between DNR and the allottee. It would have to go through he normal best interest finding process for the department. It is envisioned that it would be somewhere nearby, because Native allotments are related to traditional use and occupancy. So, in a practical sense, it would be somewhere close by, outside that public use area. REPRESENTATIVE PHILLIPS asked Mr. Edgmon if we would have a conflict with municipal selected lands. Number 760 MR. EDGMON said a selection process would have to be approved by DNR. REPRESENTATIVE PHILLIPS asked if municipal lands would be allowed to be selected. MR. EDGMON said that is his understanding. RON SWANSON, Director of Division of Lands, Department of Natural Resources, said that the allottee, the State of Alaska, the Bureau of Indian Affairs, and BLM all have to agree upon what is going to happen here. There is no we are going to create another conflict situation, having an allotment move. He said they are trying to clarify the problem, make sure we have access, don't block airports, and do not conflict with public use sites. Usually you can fix a situation more than twice. You can do it three times. Mr. Swanson said the department strongly supports this bill. REPRESENTATIVE GREEN made a motion to move SB 293, with a zero fiscal note, and individual recommendations. CHAIRMAN PORTER asked if there was an objection. Hearing none, the motion carried.