DNR turns over land transfer records after Senate subpoena, much of them redacted

The Alaska Department of Natural Resources turned over 1,594 pages of records on Friday, Oct. 23, about how its proposed no-cost land transfers to the Alaska Industrial Development and Export Authority (AIDEA) and the Alaska Housing Finance Corporation (AHFC) began. Many pages were redacted or withheld entirely on privilege or privacy grounds.

Senate Resources Chair Cathy Giessel asked for the records on Sept. 1. They arrived 52 days later, nine days after her committee voted to subpoena Commissioner John Crowther.

Giessel's records request covered roughly 20,000 acres near Houston proposed for an AIDEA industrial park and data center, and AHFC housing parcels between the Kenai Peninsula and Fairbanks. She wrote that the proposals "appear unusual and unprecedented compared to past public purpose conveyances."

Giessel wrote again Oct. 13, saying she had received nothing and that state rules require records within 10 working days, or a notice extending that by up to 10 more with a date.

Crowther had declined an invitation to an Oct. 8 joint resources meeting, saying the governor's office had not given permission, according to a timeline prepared by Giessel's office, which was described in a prior report published Oct. 8 titled "Giessel says governor kept DNR commissioner from legislative hearing on AIDEA land transfers."

Crowther's cover letter says DNR searched for AIDEA or AHFC within 25 words of "810" or "Houston," rather than the longer list of terms Giessel suggested. It cites attorney-client privilege, deliberative process privilege and the right to privacy.

The production log shows drafts of DNR's preliminary decision on the Houston land, written from March to August, withheld entirely. A 211-page spreadsheet of raw public comments was withheld for names and contact information. A governor's office priorities list was withheld under executive communications privilege. A January email from Lee Cruise, a senior policy advisor to Gov. Mike Dunleavy, was produced with its body reduced to "EC."

The committee's production file list says most text in the communications was redacted. "We trust these documents are responsive to your request and are appropriate for your oversight," Crowther wrote.

Under the proposal, AIDEA would get about 19,950 acres two miles north of Houston without paying for the land, covering survey and administrative costs, and DNR would waive the state's right to take the land back. AIDEA Executive Director Randy Ruaro wrote in a July 30 letter that no project, tenant or construction schedule had been approved.

At Monday's Senate Resources hearing, Crowther said he believed the privacy redactions covered commenters' names, addresses and emails, and that DNR had received more than 2,000 public comments on the Houston decision. Using state land for development "has been a governor's priority," he said, and "the governor's office was working very closely with the department."

Public comment on the Houston transfer closed Sept. 14. DNR has not issued a final decision; people who commented can appeal it to the commissioner and then to superior court, according to a legislative legal memo. Asked whether a decision could come before a new governor takes office in December, Crowther said, "I think that is certainly possible."