Legislature(1993 - 1994)
03/17/1993 08:50 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 82
An Act relating to the Dalton Highway.
Co-chair Frank directed that SB 82 be brought on for
discussion. He remarked that legislation relating to
opening the Dalton Highway to public use had been before the
legislature for a number of years. At the present time, a
portion of the road is theoretically closed to public use
although the closure is not enforced. Permits for travel on
the road are issued to commercial or industrial users.
The proposed bill would open the road to a terminus near the
Arctic Ocean. The last few miles are on oil company land
leased from the state. It is the intent to have the Dept.
of Transportation and Public Facilities work with oil
companies to develop an access route through those leases so
that the public can travel all the way to the Arctic Ocean.
That access route is not mandated, however. It is the
intent of the sponsor to have the department exercise its
authority to close the road during months of the year when
it is determined to be unsafe due to cold weather.
KEITH GERKEN, Deputy Commissioner, Dept. of Transportation
and Public Facilities, came before committee, accompanied by
JOHN HORN, Regional Director, Northern Region, Dept. of
Transportation and Public Facilities. Mr. Gerken advised
that the department has long supported opening the road.
Opening it to the public would be consistent with state
policy on all other routes. More practical considerations
relate to the current insufficient amount of capital
improvement on the route. The principal source of capital
improvement moneys is federal highway dollars. Those
dollars cannot be spent on a road that is not open to the
public. Opening the northern half of the Dalton Highway
will allow the department an opportunity to use federal
moneys to maintain the road so that this extremely expensive
asset does not further deteriorate.
The department fiscal note is zero. Currently, commercial
traffic on the road is what determines the amount of needed
maintenance. Increased traffic projections from tourism and
recreational use do not indicate that department costs will
be impacted.
For a number of years, the department has cooperated with
the federal Bureau of Land Management on development
opportunities along the route. The BLM is very interested
and willing to work on a plan to make facilities available
for camping, parking, scenic viewing, etc.
In response to a question from Senator Kelly concerning
availability of restaurants and gas stops along the highway,
Mr. Horn said fuel, food, and lodging are available at the
Yukon River, Cold Foot, and Deadhorse. While long distances
lie between those locations, the distances are not beyond
the gas tank capacity of most vehicles traveling the road.
The longest stretch is slightly over 200 miles. As people
begin to use the road, and commercial need for additional
facilities arises, they will be built. But the need must
first be developed. Senator Sharp advised that the Senate
Transportation Committee was provided information indicating
the BLM has a "pretty elaborate plan set up for waysides and
campgrounds," once the road is opened and demand justifies
development.
Further discussion followed between Senator Kelly and Mr.
Horn regarding ownership of existing fuel, food, and lodging
facilities. Mr. Horn noted Native corporation, service
company, and private ownership. Mr. Gerken voiced his
understanding that land upon which facilities are located is
leased from BLM on a long-term basis.
Senator Rieger raised questions concerning state liability
for the condition of the road and maintenance
responsibilities. Has an action based on lack of
maintenance ever been brought against the state? Mr. Gerken
acknowledged that such actions had been brought. Courts
generally "look at that as whether or not we're doing what
we can with what we're given." The majority of the traffic
on the road, both today and after it is opened, will
continue to be commercial. State liability thus already
exists. He acknowledged that a greater number of people
traveling the road would increase already existing
liability.
Mr. Gerken told members that while the condition of the road
is often described as primitive, it is not. The road is
constructed to federal, secondary standards. While it is
not paved, it is quite adequate in terms of width,
alignment, and grade. It is acknowledged to have a few
problems, and access to federal dollars for the northern end
would help correct situations where grades should not be as
steep as they currently are. Unless the weather is
particularly bad, speed on the Dalton is not a problem.
Truckers move quite quickly across it. Tourists will as
well. The road is passable and safe. In terms of standards
and maintenance, it is perhaps safer than the Taylor or
Denali Highways. It is built to better standards. State
liability should thus not change significantly.
Senator Rieger next asked what the opening of the Dalton
would mean in terms of the statewide ISTEA allocation. Mr.
Gerken explained that the Dalton falls within the definition
of core roads. It will thus have to compete against other
major highways for available federal dollars. The state
will not receive more federal highway funding because it has
more road miles on which to spend it. The department is
attempting to establish statewide priorities in terms of
which routes need attention most. The Dalton would compete
and may take funding from other projects. It will not
impact borough allocations.
Discussion followed between Senator Kelly and Mr. Horn
regarding pipeline construction camps. Mr. Horn explained
that most camps have been closed or co-located with the
seven pump stations along the pipeline. The department also
has six maintenance stations along the route. Further
discussion followed between Senator Kelly and Mr. Horn
concerning airstrips along the road.
Senator Sharp voiced his understanding that the portion of
the road presently closed to the public and ineligible for
ISTEA money consists of approximately the last 200 miles.
Mr. Horn advised that it is technically closed at Disaster
Creek. Further discussion relating to past checkpoints
followed. Mr. Horn acknowledged that there had been no
checkpoint for the last two or three years. DOTPF never had
enforcement authority along the road. Due to staffing cuts,
enforcement by the Alaska State Troopers was rare.
Essentially, anyone wishing to drive the road has done so.
Further, commercial permits were easily obtained. In
addition, recent statutes opened the area to mining
development.
Senator Sharp next raised a question about use of federal
dollars versus general funds on the portion of the road to
be opened. Mr. Horn advised of a recent $5 million project
utilizing general funds. He said it was the first funded by
general funds since 1984/85. The road requires resurfacing
every three years. The $5 million was used to resurface
"Deadhorse south about 53 miles." By raising the grade and
narrowing the road to 32 feet, that portion of the road
"essentially blows itself clean now." In the past, it
required two people to control drifting during the winter.
A steady, cyclical CIP budget for the road will reduce the
cost of everyday maintenance. The road wears out in three
years and maintenance costs increase. Mr. Horn attested to
other points along the road where drifting is a problem.
Mr. Horn commented that the road to slightly north of Cold
Foot has been opened since 1983 with no major impact. The
forecasted impact on the environment and predicted
breakdowns and major accidents have not occurred.
Commercial facilities will locate along the highway as need
arises. Mr. Horn further attested to the fact that the
farther one ventures from civilization, the more individuals
help each other.
If ISTEA funds are not going to be used on the northern
portion of the Dalton, the department needs $100.0 a mile
every four years to maintain an adequate, safe surface.
That translates to approximately $5 million in general funds
annually. Senator Kelly asked what the state is currently
paying to maintain the northern portion of the Dalton. Mr.
Horn answered that prior to the 35% cut, last year, the
department spent approximately $7 million a year. The
reduction funded maintenance at $4.3 million. That was
inadequate, hence the $1.2 million supplemental and moneys
from the Commissioner's "non-routine emergency maintenance
fund." Since January, approximately half of the $2.5 cut
has been added back. That maintains the road and the
facilities needed to maintain the road. It does not include
maintenance of airports along the route.
COL. JOHN MURPHY, Director, Division of Alaska State
Troopers, Dept. of Public Safety, next came before
committee. Co-chair Frank voiced his understanding that the
Dept. of Public Safety could meet increased demand for fish
and wildlife and highway enforcement with the fiscal notes
that accompanied the bill. The Co-chair then said that he
did not totally agree with the level of the notes and asked
that Col. Murphy speak to increases in the trooper component
as well as fish and wildlife protection.
Col. Murphy explained that funding anticipates a full-time
trooper at seven mile and two troopers out of Fairbanks who
would travel the highway on a rotation basis. Troopers do
not currently conduct roving patrols along the Dalton, but a
supervisor travels it. DOTPF has housing at seven mile.
The department proposes to locate a trooper there as well.
End, SFC-93, #39, Side 2
Begin, SFC-93, #41, Side 1
With increased traffic, there would be need for a trooper on
the road twelve to sixteen hours a day. The department
bases projected need on past haul road experience with
commercial traffic.
Addressing fish and wildlife protection needs, Col. Murphy
advised that an enforcement officer would be based at Cold
Foot. Enforcement personnel is currently stationed there,
but the department intended to transfer the position this
summer. If the road is opened, resulting hunting and
fishing pressure would necessitate that the position remain
at Cold Foot. A part-time position would also be needed to
assist during the busy season, and an aircraft would be
required for search and rescue as problem situations arise.
First-year costs are substantial due to need for the
aircraft and other equipment (a snow machine and four, four-
wheel-drive vehicles). Costs drop dramatically the second
year.
Senator Sharp acknowledged the department's desire to reach
adequate staffing levels but questioned whether SB 82 is the
proper vehicle. He voiced his understanding that there are
presently no troopers on the road, and he took exception to
the proposal to go from "zero to four on the back of this
legislation." The Senator questioned whether opening of the
road would initially justify other than merely emergency
response capability. The Department of Fish and Game has
indicated no greater incidence of violation along the Dalton
than other locations statewide. In fact there may be less
because of the five-mile no hunting zones on either side of
the road which permit only bow and arrow hunting. Senator
Sharp suggested that the Department of Public Safety fiscal
note reflects "overkill" in terms of funding.
Senator Kelly asked if other highways in Alaska are
unpatrolled. Col. Murphy answered that the Elliott Highway
and some others are not patrolled "very often." The
troopers do not patrol those areas unless called, or they
patrol on a monthly cycle.
Col. Murphy added that the department is not enforcing
commercial vehicle regulations along the Dalton. If the
road is open to the public and more private vehicles travel
the Dalton, the department will need to work with commercial
truckers to ensure that their equipment is safe. There is
much more commercial traffic along the Dalton than on other
infrequently patrolled highways. Senator Kelly and Co-chair
Frank suggested that costs of commercial vehicle inspections
should be covered by program receipts. Senator Sharp noted
that the weigh station at Fox would be the proper site for
vehicle safety inspections.
Co-chair Frank acknowledged questions raised by Senator
Lincoln when the bill was before the Senate Transportation
Committee. He then directed attention to a packet of
information (March 17, 1993, memo from Rick Solie to Senator
Frank--copy on file in the SFC SB 82 file) which he
explained attempts to address those concerns.
RICK SOLIE, aide to Senator Frank, next came before
committee. He enumerated seven questions raised by Senator
Lincoln, read the brief response set forth in the memo, and
pointed to attached, in-depth backup materials.
Speaking to the oil industry's position on proposed opening
of the road, Mr. Solie voiced his understanding that as long
as the road is not opened "all the way to the Arctic Ocean,"
the position would be neutral. Language in the bill thus
speaks to "a terminus near the Arctic Ocean." Oil company
concern is that opening the road to the Ocean might
jeopardize operational security.
Mr. Solie next directed attention to correspondence from the
Department of Fish and Game (included within the packet)
indicating that there might be a positive impact from
opening the road "because some of the caribou herds actually
could use a little more harvest." It does not appear there
will be an adverse effect from additional hunting.
EDGAR BLATCHFORD, Commissioner, Department of Community and
Regional Affairs, next came before committee. Co-chairman
Frank voiced his understanding that the administration has
requested the Commissioner to negotiate a settlement between
the state and the Tanana Chiefs. The Commissioner explained
that, last summer, several commissioners and the Attorney
General met with representatives of TCC and the law firm
representing the North Slope Borough. The state immediately
dismissed the suggested creation of a federal/state
commission to regulate ingress and egress out of the North
Slope. Since that time, there have been additional
discussions with TCC. The Commissioner explained that
travel by both himself and TCC representatives to
Washington, D.C., was unproductive because senior officials
at the Bureau of Land Management were reluctant to recommend
any action until after the November election. Exchange of
correspondence with TCC is ongoing. The administration's
understanding is that TCC will try to bring the other
parties together, i.e. the North Slope Borough and villages,
etc. Discussion continued regarding "how we can open the
road."
DARSIE BECK, Alaska Environmental Lobby, next came before
committee. He voiced opposition to opening the highway,
advising that it would substantially impact wildlife and the
fragile eco-system of areas north of the Brooks Range.
Hunting pressures, both legal and illegal, will increase,
and off-road vehicular traffic will lead to serious erosion
problems. There will also be increasing pressure to build
new roads from the Dalton to distant points. The BLM's
ambitious recreation plan will attract additional traffic
and magnify negative impacts on the land and wildlife.
Mr. Beck noted the following intent accompanying legislation
that authorized construction of the Dalton Highway:
It is the sense of the legislature that the
construction of the highway will not impair
natural wilderness adjacent to the highway, will
not unreasonably interfere with subsistence
hunting, fishing, trapping, and gathering.
Opening of the highway to public use would violate that
intent.
Senator Rieger pointed to earlier-mentioned correspondence
from the Department of Fish and Game indicating that
increased harvest would be good for the long-term health of
the caribou herd. Mr. Beck disputed that statement.
Co-chairman Frank noted references by Mr. Beck to off-road
vehicular traffic. The Senator then voiced his
understanding that the Dalton has protection against off-
road use that no other state highway enjoys. The five-mile
corridor on each side of the highway is a substantial
prohibition. Co-chairman Frank voiced surprise that the
environmental community would object to "just letting people
drive a road."
Mr. Beck acknowledged statutory protection. He further
noted testimony that there is little or no enforcement along
the road. Co-chairman Frank concurred that there may be
violations by a small number of people. He voiced concern,
however, that the stand taken by the environmental lobby
indicates that "The people of Alaska won't follow the law."
Law enforcement in any state is based upon voluntary
compliance. Mr. Beck advised that the environmental
community is opposed to the opening on the philosophical
grounds that it "increases use of resources that don't need
to be used right now." The environmental community supports
tourism, but this appears to be irresponsible tourism.
Senator Rieger posed questions regarding penalties
associated with off-road violations along the road, and
suggested that if the fine is minor, perhaps the committee
should review the penalties. Co-chairman Frank predicted
that most tourists would either fly to the North Slope or
travel via tour bus. He then voiced his belief that it was
philosophically wrong for a portion of the road, constructed
with public funds, to be closed to the public.
CHIP THOMA next came before committee, advising of his
experience as a truck driver on the Dalton during the
winters of 1974, 75, and 76. He said that wind-driven
drifts and white-out conditions prevail much of the time.
He voiced his belief that the state should not have agreed
to take over the road. It should have remained a private
road maintained by the oil companies.
Mr. Thoma suggested that opening the road would provide "a
whole new moose highway" for residents of Fairbanks. He
then voiced support for efforts by the Tanana Chiefs and
North Slope Borough to close the road.
Co-chairman Frank took exception to Mr. Thoma's comment that
the purpose of the proposed bill was to expand access for
Fairbanks moose hunters. He reiterated that the impetus
behind the bill is philosophical: A public road maintained
with public dollars should be opened to the public. There
is no policy reason for keeping the Dalton closed "half way
up." No overriding problems have arisen as a result of
having it open as far as it is now. The people of Alaska
should have the opportunity to drive a road that was paid
for and is maintained by public dollars. The Co-chairman
further advised that he had worked with the departments of
Fish and Game, Public Safety, and Transportation and Public
Facilities to address legitimate concerns.
Mr. Thoma said that he was not asserting that ulterior
motives were involved. He stressed that from October 1 to
April 1 there is no tourist value to the road. The issue of
concern is safety. The reason for the road is to drive
goods and services to Prudhoe Bay. Co-chairman Frank
commented that departments charged with responsibility along
the road do not feel there is undue risk. The commissioner
has authority to close the road if conditions are unsafe.
The Department of Transportation and Public Facilities has
general authority to open and close any road for safety
reasons.
KEITH GERKEN, Deputy Commissioner, Department of
Transportation and Public Facilities, again came before
committee. He concurred in comments by the Co-chairman
regarding authority to open and close roads. The department
has, in the past, issued notices of closure to commercial
traffic. In response to a question from Senator Kelly
regarding inclusion of specific language to that effect
within the bill, Co-chairman Frank said that he did not want
the legislature to arbitrarily set times for openings and
closing.
The Co-chairman announced that SB 82 would be HELD in
committee for additional work on the fiscal notes.
Discussion followed between Senator Kelly and Co-chairman
Frank regarding the approach to fiscal note work. The Co-
chairman advised that he did not intend to zero the notes.
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