04/12/2023 01:00 PM House RESOURCES

         HB  95-NATL. RES. WATER NOMINATION/DESIGNATION                                                                     
                                                                                                                                
1:16:22 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY  announced that the  next order of business  would be                                                               
HOUSE BILL NO. 95 "An Act  relating to designation of state water                                                               
as  outstanding national  resource  water; and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
CHAIR MCKAY opened public testimony.                                                                                            
                                                                                                                                
1:17:13 PM                                                                                                                    
                                                                                                                                
MACKENZIE ENGLISHOE,  Emerging Leader, Tanana  Chiefs Conference,                                                               
read from  a prepared  testimony on behalf  of the  Tanana Chiefs                                                               
Conference in opposition to HB 95.   She stated that she was born                                                               
in the  Village of Gwichyaa Zhee  at Chandalar Lake.   She shared                                                               
that as  a child  she hunted, trapped,  fished, and  gathered for                                                               
her survival.   She said her family were the  only people she had                                                               
seen  on  the lands  near  her  village.   She  reminisced  about                                                               
travelling over clean  and clear waters in her canoe  and said it                                                               
was  the  "cleanest water  I've  ever  seen  in  my life."    She                                                               
expressed  the belief  that people  who  have never  been to  the                                                               
lands around her home should not  have more power than the Native                                                               
people who know the land.                                                                                                       
                                                                                                                                
1:19:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ARMSTRONG  questioned her preferred  mechanism for                                                               
the process of designating Tier III bodies of water.                                                                            
                                                                                                                                
MS. ENGLISHOE  emphasized the necessity  for the decisions  to be                                                               
made by  people who have  been in  the area, such  as [scientists                                                               
and Native  peoples], as  opposed to people  in offices  who have                                                               
not "set foot" in the area, such as [the legislature].                                                                          
                                                                                                                                
1:19:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS offered to engage in tribal consultation.                                                                  
                                                                                                                                
REPRESENTATIVE  DIBERT  voiced that  she  looked  forward to  the                                                               
Tribe's involvement.                                                                                                            
                                                                                                                                
1:21:29 PM                                                                                                                    
                                                                                                                                
AARON  BRAKEL, Inside  Waters Program  Manager, Southeast  Alaska                                                               
Conservation Council (SEACC), expressed opposition  to HB 95.  He                                                               
advised that the  Clean Water Act provides for  certain waters to                                                               
be  designated as  Outstanding National  Resource Waters  (ONRW),                                                               
and this leaves  the state with mechanisms to do  so.  He pointed                                                               
out  that, to  this date,  Alaska  has not  adopted an  effective                                                               
mechanism  for  designation  of  these   bodies  of  water.    He                                                               
expressed  the  belief that  HB  95  would  turn the  process  of                                                               
designating  waters into  "political  football."   He  emphasized                                                               
that under  this bill,  designation of Tier  III bodies  of water                                                               
would  be left  in the  "legislative  arena."   He asserted  that                                                               
SEACC supports  the public's access to  an administrative process                                                               
for  nomination  and  designation  of  ONRW,  which  would  be  a                                                               
transparent, science-based process  with public participation and                                                               
a  clear timeline  for  decisions.   He  recommended  that HB  95                                                               
include  clear   and  reasonable  information   requirements  for                                                               
petitioning  and  provide  for  the  consideration  of  important                                                               
ecological,  cultural,  and  subsistence  values and  uses.    He                                                               
suggested  the proposed  legislation should  include requirements                                                               
that the  Alaska Department  of Environmental  Conservation (DEC)                                                               
establish  a  deadline  which   finalizes  the  ONRW  designation                                                               
process  and provide  annual updates  to the  legislature on  the                                                               
progress of nominations.                                                                                                        
                                                                                                                                
1:24:33 PM                                                                                                                    
                                                                                                                                
JENNY-MARIE  STRYKER,  Political  Director,  The  Alaska  Center,                                                               
testified in  opposition to HB 95.   She stated that  DEC already                                                               
classifies Tier I  and II bodies of water;  therefore, DEC should                                                               
classify  Tier  III  bodies  of  water.    She  argued  that  the                                                               
designation  of   Tier  III  waters   should  be   determined  by                                                               
scientists  with the  state, instead  of  the state  legislature.                                                               
She  expressed  the  opinion  that  if  the  designation  process                                                               
becomes part  of the state legislature,  lobbyists, politics, and                                                               
money  would have  influence.   She  expressed the  understanding                                                               
that  the  proposed legislation  is  an  attempt to  address  the                                                               
designation process;  however, she expressed the  belief that the                                                               
process should be through DEC.                                                                                                  
                                                                                                                                
1:26:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE questioned  whether Ms.  Stryker knew  DEC                                                               
did not want responsibility.                                                                                                    
                                                                                                                                
MS. STRYKER  expressed awareness concerning DEC's  stance on Tier                                                               
III  waters.   She stated  the preference  would be  to establish                                                               
requirements  and  time limits  for  DEC,  rather than  risk  the                                                               
potential for the process to be politicized in the legislature.                                                                 
                                                                                                                                
1:28:19 PM                                                                                                                    
                                                                                                                                
JESSICA  PLACHTA, Executive  Director,  Lynn Canal  Conservation,                                                               
testified in opposition to HB 95.   She said the state has failed                                                               
to designate Tier III bodies of  water thus far, and the proposed                                                               
legislation  "could make  it all  but impossible  for any  Alaska                                                               
waters to be designated a Tier  III water body."  She warned that                                                               
under  the  proposed  legislation,  designation  would  become  a                                                               
political  decision  instead  of a  science-based  DEC  decision.                                                               
Because  of their  lack of  scientific  background, she  asserted                                                               
that  there  are  very few  representatives  in  the  legislature                                                               
qualified  to make  these decisions.   She  pointed out  that not                                                               
only does  DEC work  year-round, but it  also employs  experts in                                                               
this  field, making  the  organization  a well-qualified  entity.                                                               
She  exemplified the  Chilkat River  which  is located  partially                                                               
within   the  Alaska   Chilkat  Bald   Eagle  Preserve   and  has                                                               
exceptional  cultural, ecological,  economical, and  recreational                                                               
importance to  the Chilkat Tlingit  and the community  of Haines.                                                               
She stated that Lynn Canal  Conservation opposes HB 95 because it                                                               
would restrict  DEC from processing  Tier III applications.   She                                                               
claimed  that narrowing  the opportunity  to  designate Tier  III                                                               
waters to  just the legislature  is not  in the best  interest of                                                               
all Alaskans who  depend on these exceptional water  bodies.  She                                                               
urged the committee  to listen to Alaska Native  Tribes and honor                                                               
their requests for Tier III designation.                                                                                        
                                                                                                                                
1:30:23 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY,  after ascertaining that  there was no one  else who                                                               
wished to testify, closed public testimony.                                                                                     
                                                                                                                                
1:30:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS moved Conceptual Amendment  1 to HB 95.  She                                                               
stated that the  amendment would add tribal  consultation as part                                                               
of the process to nominate Tier III bodies of water.                                                                            
                                                                                                                                
REPRESENTATIVE SADDLER objected.                                                                                                
                                                                                                                                
1:31:09 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:31 p.m. to 1:40 p.m.                                                                       
                                                                                                                                
1:40:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MEARS,   noting  that   the  amendment   was  not                                                               
prepared,  withdrew   Conceptual  Amendment  1  until   a  future                                                               
meeting.                                                                                                                        
                                                                                                                                
1:40:54 PM                                                                                                                    
                                                                                                                                
CHAIR  MCKAY offered  his support  of HB  95 and  stated that  it                                                               
creates  consistency  with  the way  the  legislature  designates                                                               
state  parks,  game  refuges, recreational  sites,  forests,  and                                                               
other special purpose  sites.  He stated that  this is consistent                                                               
with Article 8,  Section 7, of the Alaska  State Constitution, as                                                               
it  contemplates  the  legislature  as the  appropriate  body  to                                                               
reserve  state resources  from the  public domain.   He  remarked                                                               
that Tier  III water designation carries  with it a high  duty of                                                               
care.  The designation  is,  by its  nature,  a reservation  from                                                               
incompatible uses and  an appropriation of a state  resource.  He                                                               
expressed agreement with the administration  and the sponsor that                                                               
the legislature is  the correct body to make such  decisions.  He                                                               
stated that the public currently  does not have clear guidance on                                                               
nominating Tier III bodies of water.   He voiced the opinion that                                                               
HB 95  is extremely  prudent and necessary  to avoid  any further                                                               
confusion regarding  the nomination  and consideration  of bodies                                                               
of water as ONWR.                                                                                                               
                                                                                                                                
1:42:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER highlighted the  benefits of allowing the                                                               
legislature to designate Tier III  waters.  He commented that the                                                               
legislature  could  provide public  input,  as  all Alaskans  can                                                               
contact their  representatives to  nominate and provide  input to                                                               
the designations.   He contended that the  legislature intends to                                                               
work   alongside  DEC   and  will   have  access   to  scientific                                                               
information through the department.   He expressed assurance that                                                               
there would  be transparency because every  committee meeting has                                                               
the opportunity for public comment.                                                                                             
                                                                                                                                
1:44:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PATKOTAK  moved to report  HB 95 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
REPRESENTATIVE MEARS objected.                                                                                                  
                                                                                                                                
1:45:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MEARS spoke  to her  objection, emphasizing  that                                                               
the legislature  is an inappropriate  venue for  designating Tier                                                               
III  waters   because  few  legislators   possess  the   type  of                                                               
experience necessary to adequately  process applications based on                                                               
science and process.                                                                                                            
                                                                                                                                
1:46:11 PM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.  Representatives  McCabe, Patkotak,                                                               
Rauscher, Saddler, Wright, and McKay  voted in favor of moving HB
 from committee.  Representatives  Armstrong, Mears, and Dibert                                                               
voted  against it.   Therefore,  HB 95  was reported  out of  the                                                               
House Resources Standing Committee by a vote of 6-3.