SENATE RESOURCES COMMITTEE March 9, 1998 3:43 P.M. MEMBERS PRESENT Senator Rick Halford, Chairman Senator Lyda Green, Vice Chairman Senator Loren Leman Senator Bert Sharp Senator Robin Taylor Senator John Torgerson MEMBERS ABSENT Senator Georgianna Lincoln COMMITTEE CALENDAR CS FOR SENATE BILL NO. 236(RES) "An Act extending the termination date of the Citizens' Advisory Commission on Federal Areas in Alaska; and providing for an effective date." - MOVED CSSB 236(RES) OUT OF COMMITTEE HOUSE JOINT RESOLUTION NO. 51 Relating to support for H.R. 2924, which allows certain Alaska Native Vietnam veterans and the Elim Native Corporation to select land under the Alaska Native Claims Settlement Act. - HEARD AND HELD PREVIOUS SENATE COMMITTEE ACTION SB 236 - See Resource Committee minutes dated 2/20/98. HJR 51 - See Resource Committee minutes dated 3/9/98. WITNESS REGISTER Mr. Walt Sheridan P.O. Box 21781 Juneau, AK 99802 POSITION STATEMENT: Supported SB 236. Mr. Stan Leaphart, Executive Director Citizens' Advisory Commission on Federal Areas 3700 Airport Way Fairbanks, AK 99709 POSITION STATEMENT: Supported SB 236. Mr. Del Ackels, Commissioner Citizen's Advisory Commission P.O. Box 61520 Fairbanks, AK 99706 POSITION STATEMENT: Supported SB 236. Representative Beverly Masek State Capitol Bldg. Juneau, AK 99811-1182 POSITION STATEMENT: Sponsor of HJR 51. Mr. Don Stolworthy, Staff Representative Beverly Masek State Capitol Bldg. Juneau, AK 99811-1182 POSITION STATEMENT: Commented on HJR 51. ACTION NARRATIVE TAPE 98-18, SIDE A Number 001 SB 235 - BOARD OF CERTIFIED REAL ESTATE APPRAISERS CHAIRMAN HALFORD called the Senate Resources Committee meeting to order at 3:43 p.m. and announced SB 236 to be up for consideration. MR. WALT SHERIDAN supported SB 236 and said he worked as the Alaska Lands Act coordinator for the United States Forest Service a number of years ago. One of his duties was serving as chief of staff with the Alaska Land Use Council and he also represented the Forest Service before the Citizen's Advisory Commission. He's worked with the Commission since its inception and believes it provides a unique service to the citizens of Alaska which is not fully provided in any other branch of the State government. The reason we still need a watch dog organization like the Commission is because federal agencies have very short memories. ANILCA is a complicated piece of legislation and included many provisions that were intended to protect unique aspects of the Alaskan lifestyle, such as traditional use of public lands, access, use of motorized equipment, etc. Most of these uses are either not allowed or are highly restricted on public lands in the lower 48. It's a continuing battle to maintain these uses as they were intended in the original ANILCA compromise. The Commission does a remarkable job of keeping federal agencies true to those ANILCA compromises. Federal agencies also have a high turnover of personnel and when people come up here, they have little or no knowledge of ANILCA and a strong bias toward public land management as they know it in the lower 48. Without constant vigil, the ANILCA guarantees to Alaska will be severely eroded or lost entirely. MR. STAN LEAPHART said he would answer any questions they might have. SENATOR LEMAN said the sunset date is currently 10 years which is considerabaly longer than any sunset extension the legislature has been giving. So in the interests of keeping it uniform, he moved to extend the Commission to 2003 instead of 2008. There were no objections and it was so ordered. SENATOR LEMAN moved to pass CSSB 236(RES) from committee with individual recommendations and the accompanying fiscal note. There were no objections and it was so ordered. MR. DEL ACKELS, Commissioner, Citizen's Advisory Commission, commented that the problems are getting worse and he supported the bill. HJR 51 - SUPPORT H.R. 2924 CHAIRMAN HALFORD announced HJR 51 to be up for consideration. REPRESENTATIVE BEVERLY MASEK said this resolution is based on a House bill Representative Don Young introduced in Congress. During the Vietnam era, between 800 - 2,000 Alaska native veterans serving our armed forces missed out on their opportunity to make their land selections under the Native Allotment Act. These veterans were either fighting in combat zones or were simply overlooked by the BIA. HJR 51 says the Alaska legislature supports Congressman Young's efforts to correct the situation by amending the Alaska Native Claims Settlement Act(ANCSA) to allow the overlooked veterans to make their land selections and to restore 50,000 acres to the Elim Native Corporation. In Elim, the land was improperly withdrawn from the Norton Bay reservation in 1927 by Presidential Executive Order. CHAIRMAN HALFORD said he is familiar with the situation, but he wanted more information on Elim. REPRESENTATIVE MASEK said HJR 51 reflects Congressman Young's bill, H.R. 2924 which says the lands were withdrawn by Presidential Executive order. MR. DON STOLWORTHY, Staff to Representative Masek, said in 1917 President Wilson withdrew lands for the Norton Bay Reservation and in 1923 Congress said the President couldn't withdraw public lands; that only Congress had that authority. Although, in WWI there was homesteading going on by veterans and President Hoover in 1927 to prevent these natives from being able to select lands within the Norton Bay Reservation withdrew 50,000 acres by Presidential Executive Order. However, none of the veterans ever tried to choose any of that land. Congress is trying to go back and restore that 50,000 acres, but 11,000 acres has already been selected by the Koyuk Village Corporation. So the Department of Interior and Congress need to resolve that issue. SENATOR TORGERSON asked if they are authorizing them to pick acreage under new geographic boundaries. MR. STOLWORTHY answered that he didn't know. SENATOR TORGERSON said he was wondering if the original application was for mining. CHAIRMAN HALFORD said historically there was an argument going on in the country with regard to reservations. This may have been the President's action and then Congressional action to change his action. Congress from 1900 - 1930 was kind of schizophrenic with regard to how they intended to treat aboriginal claims. CHAIRMAN HALFORD said staff would research their questions regarding what happened and why and then bring the bill up at another meeting. He adjourned the meeting at 4:10 p.m.