SB 65-JONESVILLE PUBLIC USE AREA  3:54:43 PM CHAIR GIESSEL announced consideration of SB 65. She stated that Alaska's public lands were meant for all Alaskans, ensuring that multiple types of uses occur, but not at the expense of public safety or harm to the environment. In 2006, the legislature passed HB 307, which set up the Knik Public Use Area. That was in response to the need to establish some order to the problems of vandalism, shooting, and trail degradation that had arisen in that area. While this example has shown to be a success, some of the very troublesome activities that the public use area curbed have found their way into the Jonesville area near the community of Sutton. So, the Community Council of Sutton and residents in and around the Jonesville area would like to replicate the Knik River Public Area success with the legislation before them. 3:55:51 PM GINA RITACCO, staff for Senator Dunleavy, Juneau, Alaska, presented SB 65 for the sponsor. She said the Jonesville Public Use Area is approximately 11,000 acres and is surrounded by the community of Sutton, which was originally formed as a coal mining community. Mining took place from 1920s-70s under the 1977 Mining Reclamation Act, which was a federal act. The federal government paid for the area to be restored to a more natural use. In 2006 and 2009, additional restoration work was done. At that point, the land became general state use land, which can't restrict any legal activity, such as all-terrain vehicles (ATV), hiking, swimming, camping, and shooting. However, illegal behavior, like lighting cars on fire, remain illegal. She said the increased popularity of the area is due to many options for recreation that include swimming and camping, hiking trails, and former mining areas for motorcycle and ATV riding. Motorhome and camping are used year-round. One of the main problems is that random makeshift shooting ranges have occurred. So, gunfire is crossing hiking paths and camping areas, as well as local homes. The Sutton Community Council calls it the "Mad Max Theatre." In fact, last year a stray bullet caused one fatality. The neighborhood complains of constant loud explosive sounds and abandoned vehicles. MS. RITACCO explained that to restrict any legal activities, such as the stray bullets, the area must be designated as a public use area, which then triggers a management plan. This bill does not actually require DNR to create a management plan, but it allows for the possibility of one going through. A management plan cannot be set up under general state use land. She added that a management plan would allow DNR to designate areas for specific use and this would protect homes and property of local citizens, reduce the ATV accidents, increase safety for recreational shooting, mitigate illegal dumping, and provide a healthy and safer environment for the public to use in general. This bill was modeled after the 2006 Knik River Public Use Area, the main difference being that this comes with no funding for enforcement or creation of the management area. SENATOR MEYER asked what will be done since there is no money for developing the plan or enforcement. MS. RITACCO replied that it would go into the DNR job queue. However, other programs that have money attached are a priority, and it is possible that DNR never gets around to creating a management plan. 3:59:39 PM SENATOR MEYER remarked that if this needs to be done it should have adequate funding. This area has had problems and he asked if the Knik River Public Use plan is done. MS. RITACCO answered yes, and it had funding attached to it. She added that the Sutton Community Council and the local interest groups aren't concerned about not having money attached. The first step is to allow the designation of the Jonesville Public Use Area. She said the Sutton Community Council has been able to raise $150,000 for a playground in the past and feels rather confident that they can find some money. SENATOR MEYER responded that that is very noble of the Sutton Community Council, but he thought that enforcement was needed, or the problems will continue to exist. SENATOR HUGHES asked if the community could develop a management plan and present it to DNR. MS. RITACCO replied that the community has already been in contact with DNR and is working with all the stakeholders to develop a plan. DNR has said they would be willing to go out for public comment on it. The next step would be for the commissioner to sign off on it. 4:02:38 PM SENATOR HUGHES asked if that were to happen, would troopers be able to enforce it. MS. RITACCO answered yes. They would then have the authority to write citations for whatever was not being followed in the management plan. As it stands right now, troopers can still go and arrest people for arson and other illegal activity, but the management plan would allow them to write tickets to people who are hiking through the shooting range or shooting in the hiking area and things like that. The bill also allows for the DNR commissioner to authorize volunteers for enforcement, and the community of Sutton has volunteers that would be willing to do that. 4:03:40 PM SENATOR HUGHES asked if the community's plan has a timeframe for presentation to the commissioner. MS. RITACCO answered that she didn't know of one. 4:04:25 PM MS. RITACCO provided a sectional analysis of SB 65. Section 1 has multiple subsections. Section 41.23.280 establishes the purpose of the public use area. AS 41.23.282 provides for management of the surface and subsurface estate to be managed by DNR and the fish and wildlife to be managed by ADF&G. It clarifies that the public use area is not part of the state park system. It directs DNR to identify and protect wetlands within the boundaries. Section 41.23.284 provides for the type of uses that may and may not be prohibited. AS 41.23.286 defines the boundaries of the public use area. AS 41.23.288 describes who has enforcement authority for violations committed. AS 41.23.289 states that the penalty is a violation as defined in AS 11.81.900 and requires the Supreme Court to create a bail schedule for these violations. Section 2 is uncodified law and directs the Supreme Court to create a bail schedule within 90 days after the management plan is adopted. That concluded the analysis. CHAIR GIESSEL opened invited testimony. 4:05:39 PM LYNNE WOODS, representing herself, Sutton, Alaska, supported SB 65. She said she lives on the Jonesville Access Road and was a Mat-Su Borough Assembly person when the Knik River Public Use Area was created. They always wondered where the "rabble rousers" were going to go next. They chose Sutton where their activities have been tolerated for too many years. MS. WOODS said planning started in this area in 1986 when the Moose Range was created. Good plans are already done. Chickaloon Village is very active and has done stream restoration at Moose Creek and initiated a planning process with the Mat-Su Borough a few years ago identifying lands to keep for recreation, hunting, and fishing, and those things that are being lost now. She said with this tool they can establish goals and find potential funders. They are very motivated. 4:09:35 PM SENATOR HUGHES asked if there is a timeframe for the community to present its work to the DNR commissioner. MS. WOODS answered that 12 months is a realistic timeframe. 4:10:11 PM PATTI BARBER, representing herself, Butte, Alaska, supported SB 65. It was modeled after the Knik River Public Use area, which has been a success in addressing the junk cars, trash, and unsafe target practice issues. This popular recreation area in Sutton needs the same support to address the same problems that happened in Butte. KENNY BARBER, representing himself, Butte, Alaska, supported SB 65 for the same reasons Ms. Barber did, but he didn't think private individuals would foot the whole bill. Some government entity would have to contribute. He knows that DNR has its own enforcement rights on the Knik River Public Use Area, and the same thing could happen in Sutton. 4:12:12 PM SENATOR MEYER asked if he would be willing to support a motor fuel tax to pay for something like this. MR. BARBER said yes, but the only "heart burn" he has is that tax money can't be earmarked for that type of use. JIM SYKES, Member, Matsu Borough Assembly, Palmer, Alaska, supported SB 65. He observed the very strong community input that went into the plan. There is usually some opposition to issues like this, but he hadn't heard of any on this specific one, so far. He said the borough could supply planners and connect people who can answer questions. Part of what they look forward to in developing a plan is that the Borough Land Management Department has committed to helping develop that management plan with DNR. 4:15:01 PM CLARK COX, Natural Resources Manager, Division of Mining, Land and Water, Department of Natural Resources (DNR), Anchorage, Alaska, said he was available to answer questions on SB 65. SENATOR WIELECHOWSKI said this proposal will require creating a plan and asked how that might be financed. MR. COX replied that the DNR commissioner would have to prioritize it. SENATOR WIELECHOWSKI asked how the department's job queue works. MR. COX explained that parts of the state have no plan, so he wouldn't try to determine how the commissioner would prioritize this. SENATOR COGHILL said language on page 2, line 26-29, requires eminent domain of private property, and he wants to make sure they aren't taking lands out of private hands inappropriately, and that could have a fiscal impact. CHAIR GIESSEL said she thought that was a Department of Transportation and Public Facilities (DOTPF) right-of-way question. 4:18:10 PM HEATHER FAIR, Statewide Right-of-Way Chief, Division of Statewide Design & Engineering Services, Department of Transportation and Public Facilities (DOTPF), Juneau, Alaska, supported a changed to clarify that language. SENATOR COGHILL noted that he was working on language with the sponsor. 4:19:02 PM MS. RITACCO added that the current wording is confusing, because there is no private land within Jonesville Public Use Area boundaries. The intent of this section was to eliminate the state's authority to eminent domain of private property to add additional land to the 11,000 of public use area. They didn't intend to remove the department's authority to take private land entirely, especially because the highway close to Sutton is already being eroded by the Matanuska River and DOTPF might have to move the highway and use eminent domain in the process. SENATOR COGHILL said the bill has several mandates and asked if legal language was needed to put it in the job queue without funding. If the state isn't going to pay for it, he thought it was wrong to demand that it be done. MR. COX answered that he is not a lawyer, but thought Senator Coghill was right. In general, the "shalls" and "musts" mandate the public to think that things will get done quickly, and maybe the department needs some cover language. CHAIR GIESSEL noted that Senator Coghill would work with Senator Dunleavy on that language. She then opened public testimony. MARK BERTELS, President, Sutton Community Council (SCC), Sutton, Alaska, supported SB 65. He worked on the Jonesville/Slipper Lake Committee for the past year and has a lot of background on this issue. The community almost unanimously supports this bill. This has been an evolving problem since the area was opened to more public use and because of displacement of the problems from the Knik River area. He agreed with the introduction by Ms. Ritacco and comments by Mr. Sykes and Ms. Woods. A lot of groundwork has been done, and a management plan would be advantageous to adjacent land owners. 4:25:17 PM Troopers have responded to that area, he said, but the problem is that all the activities overlap. The troopers have no mandate to act or write citations, because there is no management plan or designated areas. With a management plan they would be able to act. MR. BERTELS explained that each year private contractors and a lot of volunteers do spring cleanup on the trails that sometimes look "like a bomb went off." He couldn't give them an answer on the scheduled development of the plan other than the MatSu Borough planning team would help to develop milestones. SCOTT LAPIENE, representing himself, Wasilla, Alaska, supported SB 65. Mr. Lapiene said he was a member of the Citizens' Action Committee for development of this legislation. He listed numerous positions he held in the MatSu Borough that involved raising money and clearing about 30 miles of multi-use trails in the Sutton community. He participated in the development of the Knik River Public Use Area and noted that that legislation included specific powers for DNR within the boundaries of the public use area. 4:30:22 PM There are several options for funding once something is established, he said, but it would be nice for the Division of Mining, Land, and Water to have some dollars to assist in the development of the management plan. Implementation and enforcement of a plan could be done in a few ways: for instance, a motor fuels tax, user fees, or the use of a purchased trail pass where it wouldn't matter if you are on a bicycle, a dog team, or a snow machine. 4:31:59 PM BETH FREAD, representing herself and the Jonesville Public Use Area, Palmer, Alaska, supported SB 65. Ms. Fread said she participated in the large Slipper Lake/Jonesville Area Committee. She explained that several communities in the MatSu Borough do make efforts of this nature and work with the borough to establish funding mechanisms. "No one should be put off by a zero-fiscal note," she said, especially since it is happily endorsed by the Sutton and Chickaloon communities who have promised to help with funds if necessary. People are not comfortable living alongside this area. It is also costly for the volunteers and the companies that participate in the yearly cleanup. AL BARRETTE, representing himself, Fairbanks, Alaska, supported SB 65 with an amendment to protect existing trap lines and make the area pet-free during trapping season. He said the Knik Special Use Area has the same issues with trappers and pet owners. The troopers don't have anything to stand on, because the trappers are legally allowed to trap, and it's time for the legislature to be preemptive in urban areas like this where the problem exists and there are user group conflicts. CHAIR GIESSEL, finding no further comments, closed public testimony. She set SB 65 aside saying that for more than a decade she had been aware that this is "a wild west area."