HB 244-ADVISORY COMMISSION ON FEDERAL MGT AREAS  2:34:29 PM CO-CHAIR SADDLER announced that the final order of business is HOUSE BILL NO. 244, "An Act extending the termination date of the Citizens' Advisory Commission on Federal Management Areas in Alaska; and providing for an effective date." The committee took a brief at-ease. 2:35:17 PM REPRESENTATIVE WES KELLER, Alaska State Legislature, introduced HB 244, stating it would extend the sunset date of the Citizens' Advisory Commission on Federal Management Areas (CACFA) [from June 30, 2014] to 2021. The Alaska Constitution talks about the legislature providing for the use, conservation, and development of the state's natural resources to the maximum benefit of the people. This implies some rights that Alaskans have, such as those defined by the statehood compact and federal laws like Alaska Native Claims Settlement Act (ANCSA) and Alaska National Interest Lands Conservation Act (ANILCA), as well as case law that regularly happens and regulations that are ongoing. He said CACFA exists to help Alaskans maintain the rights they have been given. He drew attention to CACFA's 2013 Annual Report in the committee packet, noting the topics that CACFA deals with are listed on page 1, [second] paragraph, and the federal agencies CACFA deals with are also listed on page 1. He reported that CACFA held a summit on August 12-13, 2013, which was attended by a couple hundred people, including the governor, U.S. Senator Lisa Murkowski, U.S. Senator Mark Begich, and Congressman Don Young. The summit's purpose was to gather people to document the areas in which they saw the federal government overreaching and stepping on the authority and management responsibilities of the state. The response was overwhelming and each presenter was also asked to offer a proposal, which resulted in the document included at the end of the annual report that gives all the recommendations brought forward at the summit. This list is not yet done, he advised, and a presentation will later be made to the legislature. 2:39:41 PM REPRESENTATIVE KELLER said he believes CACFA is a strong commission because of its high quality executive director, Mr. Stan Leaphart. Displaying a copy of the Federal Register which lists every regulation that comes out from the federal government, he said Mr. Leaphart sorts through the federal regulations that come out every year and brings those of concern to CACFA's attention. However, not all of the changes, or abuses, as he calls them, are brought up in the federal register. For example, every year the National Park Service comes up with a compendium, and it was found that the compendium was overriding the state's fish and game management policies by closing areas that the Alaska Department of Fish & Game had chosen not to close. While that might have been the right thing to do, the point is that it was being done unilaterally without being published in the Federal Register and this is the sort of thing that Mr. Leaphart catches, he said. Additionally, Mr. Leaphart maintains a dialog with the National Park Service, as well as the Department of Natural Resources. In addition to Mr. Leaphart being top of the line, his staff person, Karrie Improte, is also very capable, he opined. Representative Keller said CACFA's commissioners are another reason for its strength: Rod Arno, Senator John Coghill, Mark Fish, Teresa Hanson, Charlie Lean, Mike Meekin, Kathleen Liska, Warren Olson, Ron Somerville, Susan Smith, and Frank Woods. 2:46:16 PM REPRESENTATIVE HAWKER thanked Representative Keller for introducing the bill, saying the report is something he appreciates and that CACFA's work stands on its own as far as why the bill should be supported. He inquired, however, whether there are any problems with the way the commission is functioning or whether there are any reasons why CACFA should not be reauthorized. REPRESENTATIVE KELLER responded that he serves as CACFA's chair and, while its commissioners may spar, there is such a common thread of purpose that CACFA is a very healthy organization. If anything, CACFA needs to be expanded because the executive director is very overworked. While that is not part of the proposal, he urged the committee to consider that. 2:48:14 PM REPRESENTATIVE KELLER, responding to Representative Kawasaki, said there is fiscal note. The cost to date, if there was an audit, would be for travel and lodging for three meetings per year. He said CACFA is still in the process of wisely spending the governor's special funding from after the summit. REPRESENTATIVE KAWASAKI asked why CACFA was disbanded in 1999. REPRESENTATIVE KELLER deferred to executive director Leaphart for an answer since he was involved before the disbanding. REPRESENTATIVE KAWASAKI inquired whether the legislature or governor has utilized any of the recommendations in the 2013 Annual Report. REPRESENTATIVE KELLER replied "most definitely, it is ongoing." For example, one role CACFA plays is interacting with the different agencies, such as the Department of Law. This was happening before the recommendation came out, such as working on the state transportation plan. CO-CHAIR SADDLER brought attention to page 21 of the report. 2:51:07 PM CO-CHAIR SADDLER opened public testimony on HB 244. RON SOMMERVILLE, Board Member, Citizens' Advisory Commission on Federal Areas, advised that relative to the overreach issues, a detailed report with more comprehensive recommendations is forthcoming to the legislature. He maintained that when looking at the state's entitlement, the state is losing. He related that at the summit he asked how many people feel that the state has a severe overreach problem, and every person but one agreed. Not knowing how to address this issue is the problem, he opined. Drawing attention to the Alaska map on the committee room wall, Mr. Sommerville pointed out that much of it is colored green, which represents federal ownership. Private Alaska citizens are being overwhelmed with planning by federal agencies. An organization he belongs to in Juneau used to comment on issues relative to other parts of the state because they affected the organization, but now that cannot be done because the organization cannot even keep up with the [Tongass National Forest] land use planning systems in Southeast Alaska. This problem relates to CACFA because CACFA represents, in many cases, an individual person who comes to it with a problem that the agencies do not have the wherewithal to address. He supported the continuing of CACFA. 2:54:21 PM STAN LEAPHART, Executive Director, Citizens' Advisory Commission on Federal Areas (CACFA), recalled that in 2012, CACFA reviewed approximately 15,000 pages of management plans from 4 different federal agencies. Next year CACFA is going to be looking at new management plans for the Tongass National Forest, the Chugach National Forest, the Central Yukon Planning Area, the Bering Sea-Western Interior Resource Management Plan, plus revised management plans for Gates of the Arctic National Park and Preserve and Lake Clark National Park and Preserve. When reviewing a management plan, CACFA looks at how the guarantees and promises made in the Alaska National Interest Lands Conservation Act (ANILCA) are being complied with. As time goes by since the passing of ANILCA, the institutional memory and knowledge of the federal agencies is disappearing. Thus, CACFA is constantly reminding agencies that Alaskans are guaranteed access into these huge management areas by means that are not commonly used in the Lower 48. Also included in ANILCA were considerations for cabin use and commercial fishing in these areas, and CACFA must constantly remind federal agencies that these uses need to be recognized and provided for in their management plans. He related that CACFA talks to public user groups to find out their concerns with respect to management of these areas. 2:57:17 PM REPRESENTATIVE KAWASAKI inquired what the state is doing as far as the type of work that CACFA is doing. MR. LEAPHART responded the state's ANILCA program looks at many of these same management plans and regulatory proposals and tends to focus on how a planning effort or regulation package will affect state management prerogatives, while CACFA reaches out to the public and user groups. He related that Mr. John Sturgeon has brought suit against the National Park Service over a set of regulations that allows the National Park Service to regulate activities on any waters within the boundaries of a national park. The Citizens' Advisory Commission on Federal Areas spent several weeks researching the legislative history of ANILCA to provide that background information to the Department of Law. Thus, CACFA works well with state agencies and brings a little bit of different perspective into that process. REPRESENTATIVE KAWASAKI asked why CACFA was disbanded during the time period of 1999-2007. MR. LEAPHART responded he was hired in 1982 by the original commission created in 1981 by Senator Bettye Fahrenkamp. He worked as CACFA's director until it was defunded in June 1999 due to a state budget crisis. Like now, CACFA was attached to the Department of Natural Resources (DNR) and it was DNR that made the choice to eliminate CACFA due to its declining budget, although CACFA's authorization continued until 2001. 3:00:08 PM AL BARRETTE offered his support for CACFA, noting he is vice chair of the Fairbanks Advisory Committee and also participates in the federal subsistence boards. He said CACFA has been very important in giving information to his organizations so they can make informed comments and decisions to the Board of Game and the federal subsistence arena. One federal document weighed 12 pounds, he said, and citizens were expected to read that to make comments on it. He urged members to support HB 244, saying CACFA board members are very well informed prior to their meetings and CACFA is a useful resource. 3:01:47 PM CO-CHAIR SADDLER closed public testimony after ascertaining no one else wished to testify. 3:02:04 PM REPRESENTATIVE P. WILSON moved to report HB 244 out of committee with individual recommendations and the accompanying fiscal notes. REPRESENTATIVE SEATON objected for discussion purposes, pointing out that passing HB 244 does not mean the committee supports all the recommendations included in CACFA's 2013 Annual Report. He then removed his objection. REPRESENTATIVE JOHNSON said there is not much more the committee will be doing that is more important than this. He reported he is the incoming chair of the Council of State Governments (CSG) West. The western states are terribly overburdened, he said, and every state in the union is looking at doing something, except Delaware which has no federal land. Many organizations are tackling federal overreach. Alaska has the most to lose and is the most ahead. He said re-implementing CACFA is critical and he urges passage of HB 244. REPRESENTATIVE KELLER clarified the 2013 Annual Report states that it is a comprehensive report of the recommendations which came forward from CACFA and the public. It is not intended that the committee is approving any or all of the recommendations. CO-CHAIR SADDLER stated he is impressed with the work of CACFA and supports its mission. He said there is an unfair contest between the state and the federal government, and CACFA helps to balance that contest. 3:06:12 PM There being no further objection, HB 244 was reported from the House Resources Standing Committee.