SRES 2/12/96 SB 230 LEG APPROVE PERM'NT RECREAT'NL RESTRICT'N  SENATOR LEMAN announced SB 230 to be up for consideration. SENATOR PEARCE, prime sponsor, said the bill was introduced to protect Alaskan's rights to access State water and land for recreational use in a time when the federal government continues to restrict and prohibit our access to many areas of the State. Alaskans are presently losing rights to traditional recreational use on some State land and park lands without appropriate notification or justification. Citizens believe the public comment process is not being fairly administered and all user groups are not being represented. In some instances authority to restrict and prohibit uses on State land are being transferred from the Division of Lands to the Division of Parks and Outdoor Recreation. Nonrestricted areas of our State are being closed without proper oversight by the legislature. Decisions to deny access for recreational use, because of its importance, have always been made by the legislature. The Constitution of the State of Alaska recognizes the importance of land closures and mandates that all closures over 640 acres must be legislatively designated. We must continue to make provisions for dealing with lands under 640 acres. Language in SB 230 would ensure that all Alaskans have proper representation by their elected officials. Number 420 Under legislative options, Option I deals with Title 38 Land Classifications by the Division of Lands. Option II would be that the legislature mandate the Division of Parks and Outdoor Recreation to obtain legislative approval for restrictions to traditional recreational use in lands that have come to them through the transfer process called Interagency Land Management Agreement (ILMA). Option III would be to put language into Title 41 under Parks that would implement legislative oversight on the Division of Parks and we could also go back and make a change to Title 38. SENATOR PEARCE explained that a fully integrated concession is developing in Denali Park and the Division of Parks is trying to close certain areas around the proposed hotel with new regulations in an effort to stop parts of the development and to restrict what may be a future problem. The reasons for the restrictions are that numerous eco-tourism businesses and conservation organizations favor the restrictions. In opposition to the proposal are businesses like ERA helicopters and Princess Tours (to the helicopter prohibition). Groups like the Alaska Air Carriers Association and the Alaska Visitors Association also oppose the aircraft restrictions. She said that when the Division writes regulations it is biased toward closing areas. The approximately 360 acres south of Blair Lake is territory that is being transferred through an ILMA. SENATOR PEARCE said in areas that have been set aside as parks lately there have been very strict instructions about what they can do to prohibit access to an area. She commended the Division of Parks for going ahead and doing a concession so there can be a hotel, but she thought they were going too far when they closed off Curry Ridge, which has been traditionally used for access by people who have lived in the State. SENATOR PEARCE noted that there hadn't been any restrictions put on lands during the last Administration, but they do expect a number of them in this Administration. She thanked everyone who helped on this bill and said she was willing to work with the Committee and all interested parties about which title the bill would be in and which direction to go. Number 351 CHUCK JOHNSON, President, Era Aviation Inc, said the federal government continues to restrict public access to our parks which by definition are large tracts of rural land kept in their rural state for recreational visitors. Without access visitors cannot enjoy the activities available within the boundaries of the parks. There are few road accesses and visitors must be physically fit enough to hike in or use other forms of transportation such as boats, airplanes, snow machines, etc. MR. JOHNSON said that the DNR proposal to prohibit helicopter landings is mostly because of a perceived noise issue. They have found that most restrictions to aircraft access have been implemented without consideration of the scientific study process, but are based on emotional argument by well-orchestrated special interest groups. He noted that they had just been allowed to renew their glacier landing permit and the U.S. Forest Service determined that noise was a non-problem. Placing the responsibility for limiting access to public land in the legislature where the voting public must be answered appears to be in the public interest. In addition, MR. JOHNSON said, present commercial regulations already restrict commercial access to public lands. As a commercial aircraft operator, they must obtain commercial use permits prior to landing. Number 295 RON SWANSON, Deputy Director, Division of Lands, said this legislation is way too broad. It seems to apply Title 41 concerns to Title 38. The vast majority of ILMA's have been issued to the Department of Transportation for a wide variety of things from materials sites to airports and to the Department of Education for schools. He thought it was proper for them to report restrictions they do for any kind of access to the legislature. He noted that the recreational rivers issue was before the legislature for two years and no action was taken. Regulations were adopted and there were some motorized restrictions, most notable being on the Susitna River. He thought that the legislature should review restrictions, but taking a shot at Title 38 would open up a can of worms much larger than they would want to deal with. SENATOR TAYLOR said it looked like DNR transferred to the Division of Parks lands that they intend to lock up. He asked if they were aware of that intent when it was transferred. MR. SWANSON replied that he was not aware of it, but that the Division of Parks also goes through a public process. SENATOR TAYLOR asked now that it has occurred, was he intending to revoke the ILMA? MR. SWANSON replied that they didn't plan to. JIM STRATTON, Director, Division of Parks and Outdoor Recreation, said he had been working with Senate staff to focus the intent of this legislation on ILMAs where Division of Parks has restricted traditional recreational access for intrinsic value. Historically, ILMAs have been used since the park system was created in 1970 to provide for camp grounds, trail heads, boat launch facilities, and picnic areas throughout the State. These are developed recreational sites, primarily on the road system that provide the economic base for many road system communities. Many of the original ILMAs came as federal 507 lands, recreational lands managed by the federal government transferred to the State so long as recreational use of that land continued. They have received other ILMAs from general State land through transfers from the Division of Lands. Since 1970 the Division of Parks has received 95 ILMA's for a total of 9,258 acres; these acres were reserved primarily for developed recreational facilities that require them to restrict vehicular access other than on road ways or in parking lots as set forth in 11.AAC.12.020. In many areas the closures do not impact any existing recreational access where the access was determined to be a public safety hazard for the purpose for which the land was selected. In all areas access is not denied to adjacent land owners or inholders that have no other reasonable means of accessing their property. In the 1989 revision of the Denali State Park Master Plan, which went through two years of public involvement, ILMAs were used to address areas on the edge of the park for management purposes. Division of Parks didn't have any developed recreational sites for those areas. They chose to close Blair Lake to aircraft use. MR. STRATTON said they seldom close lands on ILMAs to traditional recreational access for intrinsic reasons. When they do, the legislature should review their decision. He suggested that Division of Parks provide a written report to the legislature at the beginning of each session that lists those ILMAs they have chosen to restrict traditional recreational access to protect intrinsic values. If the legislature disagrees with their decision they should have a specific period of time, 60 - 90 days, in which to disallow their action. Number 180 SENATOR LEMAN asked which access is allowed when land is received through an ILMA. MR. STRATTON replied that when land is transferred to the Division of Parks it is under Title 41 and when they receive land under Title 41, all vehicular access other than those on roadways or parking areas is restricted. If there is an existing access that needs to be addressed and it's compatible with the uses for which they received the ILMA, then they promulgate regulations to open those areas for that recreational use. SENATOR LEMAN asked under his proposal for legislative disallowance, would some of the restriction take place before the legislature had a chance to review it or would they delay the implementation of it until their review. MR. STRATTON replied that under existing rules in Title 41, it would come in as restricted. SENATOR TAYLOR asked him what intrinsic values motivated them to close Blair Lake, Bunch Lake, Curry Ridge, and Kasugi Ridge. MR. STRATTON replied that one of the unfinished pieces of business that was handed him when he took his office was to promulgate regulations that would implement the Denali Master Plan that was revised in 1989. That master plan called for the closure of Kasugi and Curry Ridge to aircraft use. This plan was adopted by the Department after two years of public involvement. The ILMA was put in for Blair Lake as a result of the master plan. Closing Blair Lake is consistent with other regulations made for adjacent land. Number 133 NOEL WOODS, Matanuska Valley Sportsmen, said they have 400 members and they enthusiastically support the sponsor statement and recommend that the Committee pass SB 230. ROY BURKHART, Legislative Affairs Officer, Alaska Boating Association, supported SB 230 for a lot of reasons. He didn't think any bureaucrat should have the power to restrict access to the tourist industry or to the residents of the State. He thought the only reason to have a restriction is for special interest groups. Number 82 STEVE MORGHEIM, Alaska Marine Dealers Association, said their association is composed of 70 firms and employs about 340 employees, have $7 million in payroll and does about $40 million in retail sales every year. He said it is more difficult for their dealers to do business when there are more and more concerns about river restrictions. He supported the sponsor statement and SB 230. MR. MORGHEIM suggested adding the words "motorized and non- motorized" in front of the word "boating." Where it says "The Commissioner may not classify State lands," he suggested including "or manage." He also wanted to add "trucks, pickups, and RV's" in section 2, because these vehicles are prime movers in getting boats into lands. TAPE 14, SIDE A Number 001 SENATOR TAYLOR asked Mr. Stratton to explain page 72 of the Denali Master Plan where it says "protect public access between the park and the lake." MR. STRATTON said he didn't have a copy of the Master Plan with him, but would get back to him with that answer. JANA LITTLEWOOD, Vice President, Anchorage Snowmobile Club, said they have 700 members. They were originally formed as a social family-oriented club and now they have a constant battle retaining access to the lands where they ride. The definition of public lands is for everyone's enjoyment. They think the park lands under Title 41 should be included in SB 230. She urged the legislature to authorize funding for the update and revision of the Chugach State Park Master Plan which was last updated in 1985. The Plan requires detailed notice to the public of the time table for completion as well how the entire program would be managed. She encouraged the legislature to reserve the final right of approval on all park master plans to bring some acceptability back into the public lands management process. RANDY CROSBY said in Title 41 parks are set aside to basically eliminate some incompatible user groups such as the timber and mining industries and things they wouldn't want in areas they want for viewing and recreation. Title 41 says that parks are to be managed in the citizens' best interests while protecting the resources. He thought Blair Lake was a perfect example of this not happening. The folks who access Blair Lake by aircraft have been in Alaska a long time, they make their living up here; and in some cases have been using the land longer than the State has been a state. He didn't think restricting Blair Lake to aircraft was a good idea. Number 165 KEN RIVARD, Alaska Airman's Association, strongly supported SB 230. He suggested including the commissioner of ADF&G along with the commissioner of DNR, because there are motorized restrictions in hunting regulations, too. His concern was specifically with float plane landing areas, Title 41.23.400, 11.AAC.09.010. The definition is extremely broad and ambiguous. Number 177 LEONARD HAIRE, President, Mat-Su Chapter Alaska Boaters Association, said they supported SB 230 and he would like to testify when the Committee has more time. His Association has about 500 members. GEORGE PIASKOWSKI, President, Alaska Boating Association, said he has 600 members. He agreed in the interests of time to fax his statement to the committee. CLIFF EAMES, Alaska Center for the Environment, opposed SB 230. He thought the legislature would be getting into a level of detailed management that just isn't efficient. The existing planning and classification procedures which involve a great deal of public participation are adequate. They are also afraid that this bill would make it more difficult to redress the existing imbalance between the vast majority of our public domain lands which are open to virtually unregulated motorized use as opposed to those tiny areas that have been set aside for quiet purposes. He said there are many areas for snowmachine use and their goal is to provide some opportunities for Alaskans and visitors, many who want to escape urban noise. We are doing a terrible job at the present time on our State lands at providing those opportunities. It's ironic, he said, that this bill addresses so-called traditional motorized uses. Using skis and snow shoes, hiking boots and canoes is far more traditional than the motorized recreational uses which are very recent. MR. EAMES explained that certain types of motorized access that conflict with other types of access are being restricted in just a handful of places. It is not a denial of access; there are still ways to get into these areas. MR. EAMES said that they disagree with the comment regarding "perceived" noise issue with helicopters. It may be with certain resources helicopters are not a problem, but a lot of people on the ground think that helicopter noise is a conflict. Helicopter landing proposals have been extremely controversial in southcentral Alaska. Number 296 KEN BAEHR, an Anchorage snowmobile dealer, supported SB 230. He said the snowmobile industry directly contributes about $100 million annually to the Alaskan economy. The snowmachine industry is changing dramatically; it helps people who are no longer physically able to hike into public parks. Access includes increased winter tourism which is one of the goals of the Alaska legislature in diversifying the economy. We need to remember there are many villages and towns within the State where the only access is by snowmachine. He noted that there is only one area available to snowmachines in the Chugach State Park. Number 323 CARL PORTMAN, Communications Director, Resource Development Council, supported the intent of SB 230. Over 60 percent of the State is in federal ownership and much of the land is managed with a wilderness emphasis for those who demand solitude. Our parks can be a contributor to our future economy, but only if there is access for the public and visitors. We need to encourage access so Alaska can continue to compete with other national and international tourist destinations. They believe these decisions need to be made at the legislative level. MR. STRATTON responded to Senator Taylor's question on page 72 of the Denali Master Plan by stating that the public access that was being protected was the strip of land between Blair Lake and the Park so the Division of Land wouldn't go in and put it up for disposal that would deny access. It doesn't speak to access on the Lake itself. ROD ARNO, President, Alaska Outdoor Council, said they represent over 10,000 Alaskans. They supported SB 230 and Senator Pearce's sponsor statement. His concerns are in the future when primary tourism zones are being considered for closures to access, because they represent a favored economic activity, that instead of Princess Tours and the AVA deciding which are the primary tourism zones that the public process be brought into the decision. The user groups who live in Alaska should have some input before public access is closed.