Legislature(2015 - 2016)BARNES 124
02/27/2015 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HJR4 | |
| HB115 | |
| HJR6 | |
| HJR7 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 115 | TELECONFERENCED | |
| *+ | HJR 4 | TELECONFERENCED | |
| *+ | HJR 6 | TELECONFERENCED | |
| *+ | HJR 7 | TELECONFERENCED | |
| + | TELECONFERENCED |
HJR 6-FEDERAL CONTAMINATION OF ANCSA LANDS
1:39:34 PM
CO-CHAIR TALERICO announced that the next order of business is
HOUSE JOINT RESOLUTION NO. 6, Supporting the introduction and
enactment of federal legislation acknowledging that the federal
government is financially responsible under the Alaska Native
Claims Settlement Act for the remediation of contaminated land
subject to conveyance under the Act; urging the United States
Department of the Interior to implement the six recommendations
to identify and clean up the Alaska Native Claims Settlement Act
lands in its 1998 report to the United States Congress; and
urging the President of the United States and the United States
Congress to remediate and make free from pollutants lands in the
state conveyed under the Alaska Native Claims Settlement Act.
1:39:47 PM
REPRESENTATIVE CHARISSE MILLETT, Alaska State Legislature,
sponsor, introduced HJR 6, noting it is not new and is something
the legislature has passed every session. She said the
resolution has to do with the 1971 Alaska Native Claims
Settlement Act (ANCSA), which was to finish the land claims with
the tribal communities in Alaska. However, the tribes did not
anticipate that these transferred lands would be contaminated
and the tribes would be unable to fulfill their agreement with
the federal government on what those lands would be used for,
which would be revenues for each one of the corporations.
Contaminated land doesn't generate revenue, it costs revenue.
This is being seen more and more. Places like Unalakleet and
Tyonek have had severe problems with contaminated lands that
were conveyed to them. Many corporations are currently in the
process of having lands conveyed and have stopped conveyance due
to finding out that the lands have all sorts of waste from every
agency within the federal government. A 1998 Government
Accountability Office report for the Bureau of Land Management
(BLM) talked about over 600 contaminated land sites. It offered
six recommendations for the BLM, Department of Interior, and the
ANCSA corporations to work together to find some solutions. Not
one of those six recommendations has been acted upon.
Representative Millett said she has been to Washington, DC,
several times on this issue. It is a huge problem for the
Native corporations; they have been unable to fulfill their
promise to their shareholders because their lands are
contaminated and it is costing millions of dollars. The
resolution speaks to that, to the 1998 report, to where the
lands are, to how many sites are contaminated, and encourages
the BLM and the Department of Interior to take this seriously
and move forward. While they have taken full ownership of the
contamination, it is the remediation part that they need to
fulfill their promise to.
1:42:38 PM
REPRESENTATIVE HERRON asked whether Representative Millett has
met with Interior Secretary Sally Jewell on this issue.
REPRESENTATIVE MILLETT replied she has not met with Secretary
Jewell on this issue, but has met on this issue with her
undersecretary, the Alaska BLM, and with Alaska's BLM
representative in Washington, DC, but, it has not risen to that
level with Secretary Jewell. She reported that the ANCSA
corporations have also not met personally with Secretary Jewell
on this issue, but have met with her undersecretary and a few
other people. She believed this issue has come up in
conversations with U.S. Senator Lisa Murkowski on the record in
one of the energy committees two weeks ago. Secretary Jewell
knows this is an issue and that the federal government has taken
responsibility for it. The problem being run into with the
legacy wells is that both the State of Alaska and the federal
government are in deficit spending, so it another opportunity
for the federal government to plead poverty. The ANCSA
corporations have offered to go back and renegotiate some of the
conveyances and trade land for clean land, which has been met
with some skepticism within the BLM. Solutions are being worked
on, but it is an arduous process that is going to take a long
time and she doesn't want to stop the pressure for Alaska's
first people who should have the opportunity to prosper from the
land that they were promised.
1:44:41 PM
REPRESENTATIVE HERRON related that both he and Representative
Millett had the opportunity to meet with Secretary Jewell and
the Northwest [Arctic] Leadership Team (NWALT). He requested
Representative Millett to share what Secretary Jewell said about
travesty wells.
REPRESENTATIVE MILLETT replied she and Secretary Jewell had a
lengthy discussion about travesty wells, the federal
government's response to travesty wells, and the opportunity for
working together on travesty wells. Secretary Jewell seemed
under the impression that the $50 million received by Alaska in
the "Helium bill" was enough to clean up approximately 87
travesty wells, some of which are buried under lakes or under
landslides. There was a spirited discussion that $50 million
was a good start, she said, but is not anywhere near the cost of
the remediation of the wells. Secretary Jewell also pointed out
that as part of mitigation efforts in leases for oil and gas
companies on federal lands on the North Slope, the producers
will now have incorporated into their lease agreement and their
plan of production that the mitigation cost will be absorbed by
the producers. Representative Millett said she found this to be
very hypocritical because it will add an incredible cost to the
production of oil and gas from federal lands. It is known that
the oil producers partnering with the State of Alaska did not
create the problem on the land. She further reported that
Secretary Jewell seemed to think there was some value with the
legacy wells that were drilled from 1941-1988. Representative
Millett said she is unsure what type of well data is had on
those wells. When the Alaska Oil and Gas Conservation
Commission (AOGCC) looked at a list of the most dangerous wells
to the least dangerous wells, it had a very difficult time
getting information from the BLM on those wells and there are
still some wells on which AOGCC has no data. She said she
therefore found it unusual that Secretary Jewell would say that
there was a benefit cost savings for the oil producers to have
the information on legacy wells when a lot of that well data is
missing and is from 1941. Some of those wells are uncased
surfaced wells that went down 100 feet and some went down 1,000
feet. Some were very lightly drilled permafrost testing wells.
Secretary Jewell has a different view than Alaskans who think
that someone making a mess should take the responsibility of
cleaning up that mess.
1:48:39 PM
REPRESENTATIVE HERRON asked Representative Millett to relate why
Secretary Jewell is so rigid on legacy wells.
REPRESENTATIVE MILLETT responded she pointed out to Secretary
Jewell the hypocrisy of the federal government and the mission
of the Department of Interior, which is to be the caretaker of
the land. However, Secretary Jewell wouldn't take the
opportunity to be the advocate for cleaning up the legacy wells.
REPRESENTATIVE HERRON stated he and his colleagues did not hear
an apology from Secretary Jewell.
1:50:38 PM
REPRESENTATIVE JOSEPHSON asked how many of the 650 sites were
contaminated before about 1965.
REPRESENTATIVE MILLETT answered she is unsure as it has been
difficult to inventory the actual contamination dates and the
agency that did the contamination. Alaska has been a test site
for nuclear tests, oil and gas drilling, permafrost, pipeline
stabilization, and for every scientist who wanted to try
something detrimental to the environment. While there is some
inventory, it was long before 1971 and the ANCSA settlement.
REPRESENTATIVE JOSEPHSON inquired whether Ms. Kristin Ryan of
DEC knows the chronology of these sites and whether they predate
approximately 1965.
KRISTIN RYAN, Director, Division of Spill Prevention & Response,
Department of Environmental Conservation (DEC), replied she
doesn't know; the information on a lot of these sites is patchy.
Of the over 2,000 contaminated sites that the division is aware
of, over half are on federal land. Monitoring the cleanup of
contamination of federal lands is a huge portion of DEC's work.
Many of those sites are not in active remediation, DEC is aware
that they are there and is working with the appropriate federal
agency to start remediation.
REPRESENTATIVE JOSEPHSON asked whether the other 1,350
contaminated sites predate the mid-1960s.
MS. RYAN responded she does not know.
1:53:47 PM
CO-CHAIR TALERICO opened public testimony on HJR 6.
1:54:20 PM
NICHOLA RUEDY, Acting Executive Director, Alaska Native Village
CEO Association (ANVCA), stated ANVCA is a nonprofit
organization with the mission to advocate for policies which
will benefit and protect the interests of Alaska Native village
corporations with local, state, and federal government. Of the
more than 200 Alaska village corporations, more than 80 belong
to ANVCA. The millions of acres conveyed by the federal
government to Native corporations included land with various
types of hazardous waste and toxic materials that pose
significant health risks to humans, animals, and the
environment, such as arsenic, asbestos, polychlorinated
biphenyls (PCBs), mining waste chemicals, and petroleum. During
the 1990s the Alaska Native community raised concerns that the
department was conveying contaminated lands to Alaska Native
corporations. In 1995 Congress directed the Secretary of
Interior to prepare a report of the extent of the contamination
on lands conveyed pursuant to ANCSA. In December 1998 the
department submitted a report to Congress entitled "Hazardous
Substance Contamination of Alaska Native Claims Settlement Act
Lands in Alaska." In that report the department acknowledged
conveying more than 650 contaminated sites to Alaska Native
corporations. The report identified numerous types of hazardous
wastes, including known carcinogens, on conveyed lands.
Recognizing the unjustness of conveying the contaminated lands,
the department recommended an approach to identify contaminated
sites and the cleanup needs on ANCSA lands, including six
recommendations. Research indicates the department has made no
effort to implement any of those six recommendations. Through
correspondence on July 31, 2013, the department's office in
Alaska acknowledged that "the department has had no further
involvement after the report was submitted." In a September 18,
2013, letter to Secretary Jewell the Alaska Delegation stated
that after 15 years the department has had sufficient time to
act on its six recommendations and said it is imperative that
progress be made now to clean these lands so they can fulfill
the goal of the aboriginal lands claims settlement. On July 10,
2014, Secretary Jewell responded to the Alaska Delegation that
the department is committed to determining which sites are
identified in the 1998 report conveyed under ANCSA in order to
continue follow-up on the six recommendations. There has yet to
be any major cleanup. The ANVCA stands behind HJR 6, which
supports enactment of federal legislation acknowledging that the
federal government is financially responsible under ANCSA for
the remediation of contaminated land.
1:58:14 PM
JULIANNA SHANE, Director, Tanadgusix (TDX) Corporation, related
that in the 1870s the federal government started commercial seal
harvest. In 1984 the federal government finally phased out of
the Pribilof Islands. The TDX Corporation then went after
cleaning the contaminated sites that were located on the island.
It took $76 million and 11 years to clean up the property before
the corporation allowed conveyance to it. But it is possible
and TDX trained its people to do it. The property conveyance
will hopefully be finished within the year. She said she is
here to say that it can be done by the local corporations, the
village corporations, to train their own people. This is
something the elders fought for and the rest of the people have
continued the fight. The cleaning funds were received through a
special act, so it can be done. To hear it is being said that
certain areas cannot be cleaned or different lands should be
selected does bring an issue to those leaders who are charged
for the health and welfare of their people. If it is within the
vicinity of a village these items and areas need to be cleaned
and not buried.
2:00:50 PM
JIM ARNESEN, Corporate Lands & Regulatory Manager, Eklutna
Incorporated, shared that Eklutna Incorporated has received a
number of contaminated properties through the ANCSA provisions.
One of the more prominent contaminated areas is in the heart of
the Native village of Eklutna. This was the former U.S. Army
site of Camp Mohawk and the BIA Eklutna boarding school. Over
the last few years the Native village of Eklutna has obtained
Native American Lands Environmental Mitigation (NALEM) program
funds, which are available for tribes. Some investigation and
remediation has been done with those funds, but more remediation
is needed. Eklutna Incorporated worked with the U.S. Army Corps
of Engineers through the Formerly Used Defense Sites (FUDS)
program to investigate and attempt petroleum product remediation
in the former Camp Mohawk area within the existing gravel pit at
Eklutna. Contaminated gravel that smells like diesel is not
saleable. That effort is continuing and Eklutna is awaiting
further results from testing done this last year and further
remediation activity in that area is expected.
2:02:29 PM
MR. ARNESEN said another contaminated site inherited by Eklutna
Incorporated is the original Matanuska town site. The area was
used by a former polluter from Anchorage who is now deceased.
The polluter had placed a large number of contaminated materials
of various kinds and quantities all around the properties and
migration of the liquids is believed to have occurred. The old
Donnelly Homestead was also inherited through ANCSA and Eklutna
Incorporated spent substantial funds about 15 years ago to clean
up the surface. The cleanup operation consisted mostly of
surface debris from Donnelly who operated an illegal junkyard on
the property; the property is impaired and may require more
remediation in the future. Eklutna Incorporated has property
next to the Birchwood Recreation and Shooting Park where over
the years trespass shooters have polluted the property with
lead. Eklutna Incorporated is in the process of determining the
levels of contamination which will guide the remediation effort.
More recently Eklutna Incorporated discovered potential
contamination believed to be emanating from the old Peters Creek
landfill, which has been closed for some time. Eklutna
Incorporated is in the process of determining the extent of
potential contamination and type of remediation needed there
under testing protocol. Eklutna Incorporated has received other
properties that have been used by various governmental units and
as the corporation goes to develop its properties it has run
into contamination and/or bury pits where debris of one kind or
another have been disposed of. The cost of remediating these
impaired properties has been a financial burden upon Eklutna
Incorporated and has at times prevented, stopped, or delayed a
project. Eklutna Incorporated believes that contamination
issues on its lands due to past use by former governmental units
have not been addressed fully or satisfactorily. Impacted lands
are a burden and a big hurdle for many economic development
opportunities upon Native lands. Eklutna Incorporated supports
HJR 6, which asks the U.S. Congress to pass legislation to hold
the federal government responsible for remediation of
contaminated lands received under ANCSA. Eklutna Incorporated
believes the federal government has a financial and moral
obligation to remediate the contaminated sites and reimburse
funds spent by Native corporations on the contaminated sites.
2:05:12 PM
CO-CHAIR TALERICO closed public testimony on HJR 6.
2:05:21 PM
REPRESENTATIVE JOSEPHSON related that in a subcommittee meeting
with the Department of Environmental Conservation (DEC), there
was some recognition by DEC officials that many of these sites
date to World War II and the Cold War when everyone was in a
hurry to win what they were striving for. It is interesting
that a lot of the national environmental laws came into effect
in the mid-1960s. The one that some people find most
troublesome is the 1969 National Environmental Policy Act (NEPA)
where federal agencies cannot start any project without doing at
least an environmental assessment and perhaps an environmental
impact statement (EIS). Many of these acts were signed by
President Richard Nixon. He said he only notes this because he
commends Representative Millett for her actions, but it is an
interesting thought that these statutes have made things better.
What hasn't gotten better, and he shares Representative
Millett's concern, is the delay in all of this. It is
unconscionable, he said, and something needs to be done.
2:06:55 PM
REPRESENTATIVE SEATON appreciated the sponsor bringing forth
this resolution, saying this needs to be looked at throughout
the lands of Alaska and the responsible party should be the one
in charge of ensuring that remediation takes place.
CO-CHAIR TALERICO concurred.
2:07:31 PM
REPRESENTATIVE HAWKER moved to report HJR 6 out of committee
with individual recommendations [and the accompanying zero
fiscal note]. There being no objection, HJR 6 was reported from
the House Resources Standing Committee.