HOUSE RESOURCES STANDING COMMITTEE April 18, 1994 8:15 a.m. MEMBERS PRESENT Representative Bill Williams, Chairman Representative Bill Hudson, Vice Chairman Representative Con Bunde Representative Pat Carney Representative John Davies Representative Joe Green Representative Jeannette James MEMBERS ABSENT Representative David Finkelstein Representative Eldon Mulder COMMITTEE CALENDAR SB 293: "An Act relating to the authority of the commissioner of natural resources to reconvey, or relinquish an interest in, land to the United States if that land or interest being reconveyed or relinquished is identified in an amended application for a land allotment under federal law." SB 293 MOVED OUT OF COMMITTEE WITH INDIVIDUAL RECOMMENDATIONS Confirmation Hearing: Board of Game Thomas Johnson COMMITTEE REPORT SIGNED WITNESS REGISTER BRYCE EDGEMOND, Aide Senator George Jacko State Capitol, Room 125 Juneau, Alaska 99801-1182 Phone: 465-4942 POSITION STATEMENT: Prime Sponsor SB 293 RON SWANSON, Director Division of Land Department of Natural Resources P.O. Box 107005 Anchorage, Alaska 99510-7005 Phone: 762-2692 POSITION STATEMENT: Supported SB 293 PREVIOUS ACTION BILL: SB 293 SHORT TITLE: NATIVE ALLOTMENTS ON STATE LAND SPONSOR(S): SENATOR(S) JACKO,Zharoff JRN-DATE JRN-PG ACTION 02/11/94 2788 (S) READ THE FIRST TIME/REFERRAL(S) 02/11/94 2788 (S) RES, JUD 03/23/94 (S) RES AT 3:30 PM BUTROVICH RM 205 03/24/94 3342 (S) RES RPT 4DP 1NR 03/24/94 3342 (S) ZERO FN PUBLISHED (DNR) 04/06/94 (S) JUD AT 01:30 PM BELTZ ROOM 211 04/08/94 (S) RLS AT 00:00 AM FAHRENKAMP ROOM 203 04/08/94 3522 (S) JUD RPT 2DP 3NR 04/08/94 3522 (S) PREVIOUS ZERO FN (DNR) 04/11/94 3556 (S) RULES RPT 3CAL 1NR 4/11/94 04/11/94 3560 (S) READ THE SECOND TIME 04/11/94 3560 (S) ADVANCED TO THIRD READING UNAN CONSENT 04/11/94 3560 (S) READ THE THIRD TIME SB 293 04/11/94 3561 (S) PASSED Y19 N1 04/11/94 3561 (S) COSPONSOR(S): ZHAROFF 04/11/94 3567 (S) TRANSMITTED TO (H) 04/12/94 3367 (H) READ THE FIRST TIME/REFERRAL(S) 04/12/94 3367 (H) RESOURCES, JUDICIARY 04/18/94 (H) RES AT 08:15 AM CAPITOL 124 ACTION NARRATIVE TAPE 94-55, SIDE A Number 000 The House Resources Committee was called to order by Chairman Bill Williams at 8:25 a.m. Members present at the call to order were Representatives Williams, Hudson, Bunde, Carney, and James. Members absent were Representatives Davies, Finkelstein, Green, and Mulder. CHAIRMAN BILL WILLIAMS stated there is a quorum present. SB 293 - NATIVE ALLOTMENTS ON STATE LAND BRYCE EDGEMOND, AIDE, SENATOR GEORGE JACKO, stated SB 293 is similar to a bill which was heard by the committee in March. He said SB 293 will give the commissioner of the Department of Natural Resources (DNR) the authority to relocate Native allotments which are mired in the endless process of appeals and litigation. He explained these Native allotments are located on top of public use sites, whether it be a runway, road, mouth of a river near a prime recreational spot, state park or state land used for public use. MR. EDGEMOND stated SB 293 is broader in scope that HB 404. SB 293 applies to all state lands as opposed to HB 404 which dealt with Native allotments located in state parks. Senator Jacko views SB 293 as good government, as it gives allottees an option to relocate their allotment to another parcel of land outside the legislatively designated area. He said the bill has a zero fiscal note and passed the Senate 19-1. Number 040 REPRESENTATIVE BILL HUDSON asked Mr. Edgemond to give an example of where this bill might apply. MR. EDGEMOND responded with two examples. He said a village received over $2 million through the capital budget last year to refurbish their airport. The village is having problems with the permitting process because part of the airport is located on a Native allotment. SB 293 would give that allottee the option to relocate his or her allotment to another parcel. He said another example is the Wood-Tikchik State Park, where 104 parcels are located within the park and are mired in the appeal process. Many of the allottees are frustrated and would take advantage of this option if available. (CHAIRMAN WILLIAMS noted for the record that REPRESENTATIVE GREEN joined the committee at 8:30 a.m.) Number 060 RON SWANSON, DIRECTOR, DIVISION OF LAND, DEPARTMENT OF NATURAL RESOURCES (DNR), stated the department fully supports SB 293. He said for years, DNR has worked with Native allottees trying to avoid public use conflicts. He felt SB 293 sets up a win/win/win situation. The allottee has to be agreeable to move and the department has to be agreeable to move the allottee on to other state land, which solves a problem for the Bureau of Indian Affairs (BIA) and the Bureau of Land Management (BLM). REPRESENTATIVE JEANNETTE JAMES said the sponsor had stated SB 293 was broader than only lands located within public parks. She wondered what other kinds of problems might be solved with SB 293. MR. SWANSON responded many times allotments are located on top of roads, airports or high public use sites. SB 293 gives DNR the opportunity to move the allottees away from those conflicts. He stressed it is not a purchase situation but rather a flat move to land where there is less conflict. REPRESENTATIVE JAMES clarified SB 293 does not affect anything unless it is within public use land. MR. SWANSON said that is correct. He stated in 1971 when the Native Allotment Act was repealed, all applications had to be filed. He said there were about 12,000 on record. He explained in 1980, the state was given the opportunity to protest those which had a public use conflict, mainly with roads, and approximately 1,500 were protested. Since then, DNR has been able to work out resolutions for all but about 500-600. SB 293 will fix those remaining situations if the allottee agrees to go along with it. Number 083 REPRESENTATIVE HUDSON asked if SB 293 has any involvement with the Mental Health Land. MR. SWANSON stated there are Native allotments filed on Mental Health land and SB 293 gives the department the opportunity to move those as well. REPRESENTATIVE HUDSON clarified by permitting the relocation of an allotment outside a state park, even though it might be involved in the mental health issue, two problems will be solved. MR. SWANSON replied that is correct. REPRESENTATIVE HUDSON asked if there will be any costs involved. MR. SWANSON responded no, because all of the up-front work has to be done by the Department of Interior, who has to first find it to be a valid Native allotment and then the two BLM employees working within DNR do the reconveyance work. Number 099 REPRESENTATIVE JOE GREEN asked if SB 293 will clear up any disputes as well as move the allottees to where they can be enacted and cured. MR. SWANSON said the intent of SB 293 is to eliminate the conflict. REPRESENTATIVE GREEN clarified that all three agencies are supportive of SB 293. MR. SWANSON replied that is correct. He added there was federal legislation passed about three years ago to allow this to happen on the federal side. REPRESENTATIVE HUDSON made a MOTION to MOVE SB 293 with zero fiscal note out of committee with INDIVIDUAL RECOMMENDATIONS. CHAIRMAN WILLIAMS asked if there were any objections to the motion. Hearing none, the MOTION PASSED. CONFIRMATION HEARING: BOARD OF GAME-THOMAS JOHNSON Number 124 CHAIRMAN WILLIAMS stated since the confirmation hearing last week on the Governor's appointees to Boards and Commissions, one more appointment has been referred to the committee for consideration. One of the members of the Board of Game resigned recently and the Governor has appointed Thomas Johnson of Nome to that seat. Chairman Williams distributed Mr. Johnson's resume and asked committee members if they would like to make a recommendation based on the resume or did they prefer to talk to Mr. Johnson via teleconference. REPRESENTATIVE HUDSON stated he has known Mr. Johnson from years past and feels he would be an excellent member on the Board of Game. REPRESENTATIVE GREEN said while he is influenced by Representative Hudson's input, he would like to speak to Mr. Johnson, if possible. (CHAIRMAN WILLIAMS noted for the record that REPRESENTATIVE DAVIES joined the committee at 8:40 a.m.) REPRESENTATIVE HUDSON stated Mr. Johnson is a blue collar gentleman who was born in the Interior and is married to an Eskimo lady, who was Governor Hammond's office regional manager in Nome. Mr. Johnson is ethical and clearly understands Native subsistence issues as well as the hunting situation. He stated he is willing to advance the confirmation. REPRESENTATIVE GREEN said if the other committee members are comfortable with advancing the confirmation, that is fine. REPRESENTATIVE HUDSON made a MOTION to MOVE the name of THOMAS JOHNSON as a member of the BOARD OF GAME out of committee with INDIVIDUAL RECOMMENDATIONS. CHAIRMAN WILLIAMS asked if there were any objections. Hearing none, the MOTION PASSED. ANNOUNCEMENTS CHAIRMAN WILLIAMS announced the committee will meet on Wednesday, April 20 at 8:15 a.m. to continue public testimony on SB 310. He noted the final tally from last Friday's meeting showed there were approximately 120 people signed up to testify who the committee did not get to. The committee had a general discussion on how best to accommodate the large number of people who are wishing to testify. ADJOURNMENT There being no further business to come before the House Resources Committee, Chairman Williams adjourned the meeting at 8:50 a.m.