SENATE BILL NO. 101 "An Act extending the termination date of the Citizens' Advisory Commission on Federal Management Areas in Alaska; and providing for an effective date." 9:03:36 AM BETTY TANGEMAN, STAFF, SENATOR JOSH REVAK (via teleconference), introduced the legislation. She read the sponsor statement (copy on file): SB 101 is an important affirmation by the Alaska Legislature of the compelling need to maintain the vital efforts of the Citizens' Advisory Commission on Federal Management Areas in Alaska (CACFA). This bill extends this commission's sunset date from June 30, 2021 to June 30, 2029. CACFA was first established in 1981, shortly after Congress passed comprehensive legislation governing all federal public lands in the state, the Alaska National Interest Lands Conservation Act (ANILCA). Under the balanced compromise Congress crafted in ANILCA, 104+million acres were set-aside in permanent federal ownership as conservation system units,-(e.g., parks, preserves, wildlife refuges, wilderness areas) with many unique provisions enabling Alaskan's to maintain their traditions and livelihoods, accommodating the States and ANCSA corporations' social and economic needs, safeguarding opportunities for responsible resource development, and facilitating improvements in transportation and utility infrastructure. Those provisions included opportunities for the State, its communities, and rural populations to access and develop inholdings, allotments, and adjacent lands; construct and maintain transportation and utility systems; access, manage, and use State lands and waterways; retain state management of fish and wildlife; and provide for access and necessary facilities on federal lands. Adding in the Alaska Statehood Act and Alaska Native Claims Settlement Act, most Alaskans and most of Alaska are regulated under an extremely unique and complex legislative web. CACFA's mission is helping Alaskans navigate these complex rules and regulations and work with federal agencies to ensure Congressional intent is implemented with respect to their interests. As nationwide directives frequently ignore the Alaska context and balanced requirements in ANILCA, CACFA serves as a vigilant and knowledgeable resource for Alaskans to defend the rights and protections they were promised as stakeholders. While the State's ANILCA program and CACFA both monitor federal actions, the State cannot represent individuals/businesses and CACFA cannot defend State agencies' authorities. As institutional memory and expertise is lost, and as agency decisions that revise our history and upend our reasonable expectations are deferred to by the courts, federal managers have little incentive to uphold Congress's promises to Alaskans. The Sturgeon v Frost, U.S. Supreme Court case, is an example of a private citizen's $1.5 million battle against federal laws being enforced on state land. More recently, President Biden issued an Executive Order directing that at least 30% of our lands and waters be placed in permanent protection status by 2030 (30 by 30), placed a moratorium on new oil and gas leases and halted leasing in ANWR's 1002 area. These examples emphasize the need for vigilance to fight against the erosion of ANILCA protections by uninformed federal managers and politicians. With federal land management policies increasingly at odds with Alaska's desire to access, manage, and sustainably develop its natural resources, CACFA is an essential tool in ensuring Alaskans have a strong and powerful voice. Over the 62 years since statehood, the federal government has consistently failed to keep its promises to honor the Alaska way of life. Now is not the time to allow CACFA to sunset. I urge you to join me in allowing CACFA to continue its important mission by passing SB 101. 9:06:33 AM KRIS CURTIS, LEGISLATIVE AUDITOR, ALASKA DIVISION OF LEGISLATIVE AUDIT, stated that there was an audit on CACFA dated April 2020 (copy on file). She explained that the purpose of the sunset audit was to determine whether a board or commission was serving the public's interest and whether it should be extended. The commission was active from 1981 until 1999 at which point its funding was eliminated. The commission was reestablished in 2007 and operated from FY 08 through FY 17 at which point its funding was again eliminated. Federal management of land in Alaska had been widely criticized. Concerns with federal overreach and unfulfilled commitments led to the reestablishment of CACFA. The commission was reestablished to advocate on behalf of Alaska's citizens on issues related to federal management of land in Alaska. Ms. Curtis indicated report conclusions began on page 7. She pointed out that the prior sunset audit was February 2015. The current sunset audit reviewed the period from February 2015 through June 2017. Ms. Curtis reported that beginning in FY 17 funding for CACFA had not been a priority - not a consistent priority for the governor or the legislature. Both entities had funded the commission at different times. Funding for the commission in FY 17 was approved by the legislature but vetoed by the governor. Funding for the commission for FY 18 and FY 19 was not included in the governor's request or in the final operating bills. The legislature approved funding in FY 20 but the governor again vetoed the appropriation. The governor's amended FY 21 included funding for the commission, but it was not part of the operating bill. Ms. Curtis continued that overall, the audit concluded that from the date of the prior sunset through June 2017 the commission operated effectively and did not significantly duplicate the activities of other entities. The audit also concluded that there was a continued public need for the commission and recommended an 8-year extension. The audit found that when CACFA was active, the executive director monitored the federal register for new information related to CACFA's mission, provided comments on proposed changes, and brought relevant information to the commission's attention. If determined necessary, CACFFA sent a comment letter to the applicable federal agency. Comment letters formally summarized CACFA's concerns with proposed management plans and changes to regulations and laws. The commission sent 14 comment letters and testified 4 times from February 2015 through August 2016 - indicative of a very active commission. Letters and testimony were directed to federal agencies and congressional subcommittees. Ms. Curtis added that CACFA invited federal agencies to present information and discuss federal plans and policies via panel discussions to help facilitate communication between the public, state, and federal agencies. Meetings generally lasted from 1 to 2 days and included multiple presentations from individuals representing federal agencies such as the U.S. National Park Service, U.S. Fish and Wildlife, the Bureau of Land Management, and state agencies like the Department of Natural Resources (DNR) and the Department of Fish and Game (DFG). Ms. Curtis continued that per the CACFA executive director, the director and staff assisted between 15 and 20 Alaska citizens at a time with issues related to federal land management by helping write complaints and requests for information and by guiding citizens to the appropriate agencies. In addition, staff accompanied citizens to permit and informational meetings to provide support and expertise. The report made no recommendations. She indicated that responses to the audit began on page 21. The DNR commissioner concurred with the recommended 8-year extension. 9:10:38 AM Senator Olson had heard Ms. Curtis discuss the effectiveness of the commission while it was funded. He asked her to provide an example of a significant effect the commission had regarding federal overreach. Ms. Curtis replied that one thing that impressed her most about the commission was how it advocated on behalf of citizens. The complexity of the Alaska National Interest Lands Conservation Act (ANILCA), the Alaska Native Claims Settlement Act (ANCSA), and the Federal Land Act, was a challenge for the average citizen to wade through and decipher. The commission was advocating on behalf of Alaska's citizens. She was extremely impressed with how the commission was hands on with the average person needing assistance. Co-Chair Bishop indicated someone from DNR was online and available for questions. Senator Olson commented that in looking at the commission make up there was a lack of ANCSA representation. He asked why more native corporation folks were not involved. Ms. Curtis responded that the commission was composed of 6 appointees of the governor, 3 from each body of the legislature including 1 House member and 1 Senate member. The audit did not investigate the makeup of the board. 9:13:07 AM Co-Chair Bishop OPENED public testimony. CHARLES MCKEE, SELF, ANCHORAGE (via teleconference), testified in support of the bill but did not understand how the legislation would be funded without additional resource extraction. 9:16:39 AM MICHAEL CHAMBERS, SELF, ANCHORAGE (via teleconference), testified in support of SB 101 and the funding of CACFA. He was aware the commission operated on $285,000, the bulk of which went to the intellectual property of the lawyer involved in the case. He referred to the Alaska State Lands Advisory Group (ASLAG) report which could be found on DNR's website and recommended that members read it. The 53-page report was put together under the chairmanship of Mr. Mead Treadwell regarding the violations of the federal government around ANILCA. He reported that since 1980, the federal government had violated ANILCA in accordance with the State of Alaska over 2000 times. The state's sovereign nature had been violated several times, and the commission stood in support of recognizing the violations and bringing them to a public format. He thought it was important to understand and recognize that in the ANILCA report there was a "no more" clause. He opined that having CACFA intact was essential to protecting Alaska's sovereign rights. 9:18:57 AM DEANTHA SKIBINSKI, ALASKA MINERS ASSOCIATION, ANCHORAGE (via teleconference), spoke in support of extending the sunset of CACFA. The commission was initially created a year after the passage of ANILCA to give Alaskans a voice in navigating the complex land management issues in Alaska. Ms. Skibinski continued that the state's largest landlord was not the state. It was the U.S. Department of Interior with large swaths owned and managed by the U.S. Department of Agriculture and the U.S. Forest Service. She noted that there was a secretarial order signed on the previous Friday by Interior Secretary Holland that revoked the following previous secretarial orders on the National Petroleum Reserve Alaska (NPRA), American Energy Independence, America First Offshore Energy Strategy, and streamlining National Environmental Policy Act (NEPA) policy reviews. She indicated that the introductory conversation included some great information about the 30/30 initiative. Ms. Skibinski continued that the orders and other initiatives were massive land management actions that required hours of reading and research to fully understand the implications to all Alaskans. She suggested that for many years CACFA had been the entity to keep up with the information. The Alaska Miners Association thought it was more critical than ever for the commission to be engaged in identifying the impacts of federal actions coming from the current administration. She believed SB 101 was a great start keeping CACFA in statute and addressing the issues. She noted having a letter on record and urged members to pass the bill out of committee. 9:21:03 AM RAY KREIG, SELF, ANCHORAGE (via teleconference), spoke in support of SB 101. He reported that in 1978 when President Carter declared national monuments across Alaska as a precursor to ANILCA, he owned two properties - one near Mt. McKinley National Park and one in the Upper Yukon River area. He noted Alaskans having had a huge problem with federal and state interface because of the action. He learned about CACFA being proposed, testified, and followed the legislation at the beginning of CACFA when Betty Fehrenkamp was carrying it 40 years prior. Since then, he had watched CACFA become an effective and economic means of helping citizens deal with federal overreach. He urged the legislature to extend CACFA's existence and to support it financially. 9:23:34 AM Co-Chair Bishop CLOSED public testimony. Co-Chair Bishop stated that the amendment deadline was Friday, April 23, 2021 at 12:00 P.M. Co-Chair Stedman commented that the funding for CACFA in the amount of $178,000 was not insurmountable and would be money well spent. SB 101 was HEARD and HELD in committee for further consideration.