SB 34-CITIZEN ADVISORY COMM ON FEDERAL AREAS  3:57:02 PM CO-CHAIR BISHOP reconvened the meeting and announced the consideration of SENATE BILL NO. 34 "An Act reestablishing the Citizens' Advisory Commission on Federal Management Areas in Alaska; and providing for an effective date." 3:57:44 PM SENATOR JAMES KAUFMAN, District F, sponsor of SB 34, spoke to the following sponsor statement to introduce the legislation: [Original punctuation provided.] SB 34 reestablishes the Citizens' Advisory Commission on Federal Management Areas in Alaska (CACFA) which sunset in 2021 and sets a new sunset date of June 30, 2031. The Commission is made up of 10 public members, one Senator, and one Representative who represent "the diversity of users and uses of federal land in the state" and are appointed by the Governor and Legislature. CACFA was first established in 1981, shortly after Congress passed the Alaska National Interest Lands Conservation Act (ANILCA)comprehensive legislation governing all federal public lands in the state. Under the balanced compromise Congress crafted in ANILCA, 104+ million acres (nearly a quarter of the state) were set-aside in permanent federal ownership as conservation system units (e.g., parks, preserves, wildlife refuges, wilderness areas) while at the same time creating unique provisions enabling Alaskan's to maintain their traditions, accommodate the social and economic needs of the state, provide a range of land- use and land access rights, safeguard opportunities for responsible resource development, and facilitate continued improvements in transportation and utility infrastructure. Factoring in the provisions of the Alaska Statehood Act and the Alaska Native Claims Settlement Act, most Alaskans are regulated under a unique and extremely complex regulatory web. CACFA was an independent and impartial source of information and center for advocacy on Statehood, ANCSA, and ANILCA issues that impact all Alaskans. When active, CACFA helps Alaskans navigate complex regulations and to works with federal agencies to ensure Congressional intent is implemented with respect to Alaska's interests. Among many things, the Commission holds hearings to collect public comment on decisions that affect them; disseminates information about historical and new regulation to the public, the Executive branch, and the Legislature; regularly submits written comment in response to federal requests; and helps Alaskans navigate federal permitting processes. While the State's ANILCA program and CACFA both monitor federal actions, CACFA does so on behalf of individual Alaskans, whereas the State can only focus on issues with state-level impact. As time passes, institutional memory and ANILCA expertise is lost at both the federal and state level. An active CACFA would ensure that this critical knowledge is preserved and remains accessible to Alaskans. Until CACFA is reestablished, individuals, organizations, and the Legislature have no independent source of ANILCA expertise. Furthermore, there is no organized center through which individuals can channel their concerns to higher levels of government making decisions that impact them. CACFA is an essential tool to ensure that Alaskans have a strong and powerful voice in what happens across our state. 4:00:48 PM EMMA TORKELSON, Staff, Senator James Kaufman, Alaska State Legislature, Juneau, Alaska, presented the sectional analysis for SB 34. Sec 1. Reestablishes the Citizens Advisory Commission on Federal Management Areas in Alaska, with a sunset date of June 30, 2031. Sec 2. Repeals the language that originally established the commission which sunset on June 30, [2021]. Sec 3. Incorporates transition language to the uncodified law of Alaska establishing the initial term lengths of new appointments to the commission. Thereafter, the term limits outlined in the Commission's statute will take effect. Sec 4. Sets an effective date of July 1, 2023. CO-CHAIR BISHOP turned to invited testimony 4:02:10 PM SENATOR WIELECHOWSKI joined the committee. 4:02:17 PM TINA CUNNING, ANILCA Expert, Anchorage, Alaska, provided invited testimony in support of SB 34. She paraphrased the following prepared testimony: I worked in the State's ANILCA program from its beginning in 1981 for nearly 30 years in implementation of ANILCA. Since retiring in 2010, I am part of a team that conducts ANILCA training. Recall the Alaska Native Claims Settlement Act of 1971 called for study of federal lands to set aside 80 million acres in special conservation status. For 9 years, there was considerable angst all across Alaska about what would be in the final "D-2" bill as it was called, e.g., how would the millions of acres in conservation units affect remote villages; access for hunting, fishing, and subsistence; development of private and state inholdings; need for utilities, etc. When it became evident that Congress was going to pass a bill setting aside many more millions of acres in special conservation designations than originally envisioned in ANCSA, the Alaska Legislature and Governor worked with a broad representation of rural residents, businesses, communities, AFN, and industry to adopt a bottom line, a list of seven consensus points for Alaska. Negotiations in Congress led to bipartisan adoption of ANILCA in 1980 that included unique protections for the traditional way of life and uses of federal lands in that consensus list. In 1981, the Alaska legislature established CACFA so that Alaskans could be kept informed as ANILCA was being implemented and to protect public uses of federal lands as Congress directed in ANILCA. CACFA was invaluable in helping individual Alaskans work through federal requirements such as commercial permits for air taxis, sled dog tours, and hunting guides; access to inholdings; and for cabins needed for subsistence and trapping. 4:03:51 PM MS. CUNNING continued her testimony. In the 40+ years since passage of ANILCA, most Alaskans and government employees have forgotten the special provisions for public uses that the Governor, legislature, ANCSA corporations, rural residents, and Senator Stevens and Congressman Young fought so hard for. Most Alaskans do not read the Federal Register every morning with their coffee, but that is exactly what the CACFA Executive Director did in order to watch for actions that impacted ANILCA's implementation. Without CACFA there is no one to help Alaskan's navigate red tape or appeal decisions if a federal manager simply says no. In contrast, the State's ANILCA program cannot help individual Alaskans. It coordinates with federal agencies on behalf of ANILCA provisions of concern for the state agencies in federal management plans, regulations, and other actions. As an independent Commission, administration politics do not interfere with CACFA's defense of individual Alaskans' rights or other provisions adopted by Congress in ANILCA. The Alaska legislature was wise in establishing this citizen forum to help Alaskans meet their social and economic needs promised in the final deal Congress adopted. Every passing year without CACFA results in lost opportunities for Alaskans, and conflicts over uses go unresolved. I strongly support reauthorization of this independent Commission for the benefit of all Alaskans in implementing ANILCA as Congress intended. 4:05:25 PM MEAD TREADWELL, former Lieutenant Governor, Anchorage, Alaska, stated that his experience with CACFA dates to when he served in Governor Hickel's cabinet. He helped draft the curriculum Tina Cunning uses to conduct ANILCA training. He cited the Willow project and the decision yesterday on the land trade for the King Cove Road as examples of why CAFCA is important to Alaskans. CAFCA also worked on smaller issues such as whether a four-wheel vehicle can be used in a BLM land management plan in the Interior; whether Zodiac boats can be used from a small cruise ship in Glacier Bay National Park; and whether a land management plan for the Forest Service in Prince William Sound allows leasing for a small lodge. The point is that without CAFCA, there is nobody to track the hundreds of federal decisions that are made daily about public lands in Alaska. CAFCA also worked to maintain Alaska's rights under the Statehood Compact. LIEUTENANT GOVERNOR LIEMAN spoke of the broken promises under the Statehood Compact and articulated his belief that when Alaska loses it's because the federal government doesn't recognize how committed Alaskans are to ensuring that things are done correctly in the state. CAFCA can help get that message out. He said he supports sunset legislation, but CAFCA is necessary as long as the federal government owns 60 percent of the land in the state. CAFCA represents the voice of Alaska. 4:10:12 PM TED SPRAKER, President, Kenai Chapter, Safari Club International, Soldotna, Alaska, stated support for SB 34 on behalf of the 150 members of the Kenai Chapter of the Safari Club International. He relayed that he spent his career with the Alaska Department of Fish and Game (ADF&G) and then served six consecutive terms on the Board of Game. As a board member he heard from trappers who asked for help to get a special use permit to use or build a line cabin for their trap lines. The board didn't have the authority to help, but CAFCA was able to help the trappers through the process. It was the same situation with snow machine access. The board had no authority, but CAFCA was able to help. He also cited the proposed new national park service rule regarding predators as an example of the need to have CAFCA to help guide businesses and trappers. He said he feels strongly that institutional knowledge, and thus the intent of the protections provided by ANILCA, will be lost if the citizen's advisory commission isn't reauthorized. In particular, CAFCA helps the "little guy." 4:14:32 PM CO-CHAIR BISHOP held SB 34 in committee.