Legislature(1993 - 1994)
03/22/1993 09:07 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 Pearce directed that SB 82 be brought on for
discussion and referenced a draft, handwritten SFC fiscal
note for the Dept. of Public Safety, which she explained was
in the process of being typed in final form. Co-chair Frank
said that the draft SFC note reduces the department note
from $786.7 to $99.0. He explained that over the six years
he has worked on opening the Dalton, the only concern that
appears to have legitimacy relates to possible pressure upon
fish and game resources. While the Dept. of Fish and Game
has not expressed concern, the Dept. of Public Safety has
requested additional fish and wildlife protection officers
to monitor the highway. The department requested two full-
time blue shirts, a full-time brown shirt and a seasonal
brown shirt. The SFC note funds three seasonal brown
shirts to address additional impact on fish and game
resources. Most of the hunting and fishing pressure will
occur during the summer and fall.
Senator Kerttula voiced his belief that opening of the road
would cost more than funding set forth on the draft note.
He further commented on enforcement needs along the Copper
River Highway should it open.
SENATOR LINCOLN next came before committee. She referenced
questions raised when the bill was before Senate
Transportation and acknowledged receipt of a memo in
response from Senator Frank. She then urged members to
carefully consider the overall impact of opening the Dalton.
Senator Lincoln suggested that not all departments have been
open in terms of what the ultimate cost will be.
Senator Lincoln referenced an environmental assessment,
before the Tanana Chiefs Conference, dealing with
environmental impact from mile 0 to 56 and noted that it was
not part of committee documentation on SB 82. The
assessment notes significant impact on fisheries and fur-
bearing habitat as a result of tourism in the area. The
Senator suggested that members consider the road as a whole
rather than merely a portion of it when calculating costs.
She further commented on debris along the highway (tires,
broken pieces of trailers, broken-down vehicles, and
ordinary trash).
Senator Lincoln further questioned liability associated with
the opening of additional portions of the haul road, noting
specifically a lack of pullouts and white-out conditions
occasioned by dust and flying rocks. She stressed that the
Dalton is a commercial rather than a tourist highway.
Tourism will merely be a byproduct.
Senator Lincoln next directed attention to Resolution 93-129
from the Tanana Chiefs Conference and read the following:
BE IT FURTHER RESOLVED, that the Tanana Chiefs
Conference opposes the opening of the haul road by
either the Alaska Legislature or Governor Hickel
unless a negotiated settlement is reached with the
state and the villages.
The foregoing provides an opening for the state to sit down
with villages and discuss concerns. The Senator further
pointed to ongoing litigation between the Tanana Chiefs and
the state. Oral arguments are to commence this summer.
Many questions surrounding opening of the road have not yet
been answered. In her closing remarks, Senator Lincoln
raised questions concerning the potential financial burden
opening of the road might place upon the state.
In response to a question from Senator Jacko, Senator
Lincoln attested to concern relating to impact upon villages
along the haul road corridor, fish and game, fire
protection, subsistence use, etc. Senator Frank noted that
the proposed agreement by TCC is, according to the Dept. of
Law, unacceptable.
End, SFC-93, #43, Side 1
Begin, SFC-93, #43, Side 2
Co-chair Frank reiterated that impact upon of fish and game
resources is a legitimate concern. He then voiced his
belief the impact would not be significant, but he agreed
that additional fish and wildlife officers and funding for
Dept. of Fish and Game monitoring represent reasonable
approaches. The Senator again stressed that the general
public should have the right to drive a state-owned highway.
There is no overriding or compelling reason for the last
portion of the road to remain closed when other parts of the
highway have been incrementally opened over the years with
no "bad experience." The fact that the road is open at
least half way has not resulted in significantly detrimental
impact.
Senator Kelly asked if passage of the proposed bill would
eliminate existing litigation. Co-chair Frank responded
affirmatively, voicing his understanding that the legal
issue relates to whether or not the Governor has authority
to open the road.
Senator Frank next referred to past intent language
suggesting that the Dept. of Transportation work with oil
industry lease-holders to provide access "all the way to the
Arctic Ocean in a way that met their security needs . . . ."
Co-chair Pearce advised of an existing commercial tourism
business in Deadhorse. The visitor center owned by ARCO
received over 6,000 visitors last year. Two enterprises
(one operated by NANA Regional Corporation and one by a
private contractor in Fairbanks) provide a commercial tour
by minivan from Deadhorse to oil industry facilities and the
Arctic Ocean.
Senator Lincoln reiterated that both the Tanana Chiefs and
North Slope Borough remain opposed to the opening. She next
directed attention to February 26, 1993, correspondence
(copy on file in the permanent Senate Finance file for SB
82) from Ron Somerville, Deputy Commissioner, Dept. of Fish
and Game, and noted the following:
Opening this portion of the Dalton Highway to the
public will increase use of the Dalton Highway
Corridor and areas accessible from the road by
non-local residents and nonresidents for hunting,
fishing, and possibly trapping.
. . .
Increasing public use will require or encourage
development of new and expansion of existing
facilities to serve highway travelers.
There is thus no question that once the road is open,
increased impact will occur. Co-chair Pearce responded that
although a portion of the road is now closed, lack of
enforcement of that closure has essentially resulted in a
completely open road for which the state is unable to
utilize federal highway moneys. Only official opening of
the road through statute will allow use of federal highway
dollars for maintenance of a primary artery for state
revenues. She suggested that the state may actually be more
liable now than it will be once the road is completely
opened. Senator Lincoln countered by advising that the road
does not now experience the traffic flow it will once the
public knows that the entire road is open. The current
public perception is that it is not an open road.
Comments followed by Senator Frank regarding the number of
recreational vehicles visiting the state as a whole and
Fairbanks in particular. He suggested of the 14,500 each
year, approximately 80% visit Fairbanks and perhaps 10% to
20% would travel the haul road. The average stay of highway
travelers is 14 days. A trip up the Dalton and back would
add another 4 days. Co-chair Frank acknowledged that there
would be traffic impact, advising:
I wouldn't be trying to get it opened if I didn't
think there'd be some positive tourism impact. I
don't think it will be significant. I don't think
it will be 14,000. That's for sure. I think
it'll be more like 1,400, maybe, additional.
In response to a question from Senator Kerttula, Senator
Frank noted that hunting and fishing, with the exception of
bow and arrow, are prohibited within a five-mile corridor
along each side of the road. That is a protection this road
enjoys that other state roads do not.
Senator Lincoln said that she frequently drives the road.
She stressed that it is extremely dangerous. Rampart has
had very few legal moose "because it looks like the New York
Freeway when moose season opens." Resources in the area are
significantly impacted. She referenced the previously
mentioned environmental assessment and noted a proposed re-
routing of the highway to lessen the impact. That would be
costly.
In her closing remarks, Senator Lincoln expressed
appreciation to Co-chair Frank and his staff for working
with her office on the issue.
Co-chair Pearce called for additional testimony on SB 82.
None was forthcoming. She then referenced the Senate
Transportation Committee version of the bill as well as
fiscal notes from the Dept. of Fish and Game, SFC note for
the Dept. of Public Safety, and zero notes from the Dept. of
Natural Resources and the Dept. of Transportation and Public
Facilities. Senator Kelly voiced understanding that the
letter of intent earlier mentioned by Co-chair Frank would
be offered on the Floor of the Senate. Co-chair Frank
concurred.
Senator Kerttula voiced concern that the bill would
ultimately cost much more than fiscal notes indicate. Co-
chair Frank questioned the credibility of the original Dept.
of Public Safety note. Co-chair Pearce suggested that
pressure on fish and game resources along the highway comes
from Alaskans rather than tourists. The SFC fiscal note
acknowledges that in provision of the three seasonal
positions.
Senator Kelly said he had not supported opening the road in
the past. The proposal is more palatable at this time in
light of new ISTEA funding which would replace state general
funds with federal dollars.
Senator Sharp voiced his belief that Co-chair Frank has
responsibly addressed potential impact and the need for
additional brown shirts to cover high-pressure hunting and
fishing seasons.
Co-chair Frank MOVED that CSSB 82 (TRA) pass from committee
with accompanying fiscal notes from DOTPF, DNR, DF&G, and
the SFC note for the Dept. of Public Safety. Senator Rieger
inquired concerning the amount of the Dept. of Fish and Game
note. Co-chair Frank explained that the requested $16.1
would provide a seasonal fish and wildlife technician III
for three months to monitor hunting activities along the
road. No objection to passage having been raised, CSSB 82
(TRA) was REPORTED OUT of committee with zero fiscal notes
from the Dept. of Natural Resources and the Dept. of
Transportation and Public Facilities, a $16.1 note from the
Dept. of Fish and Game, and a $99.0 SFC note for the Dept.
of Public Safety. Co-chairs Frank and Pearce and Senators
Jacko and Sharp signed the committee report with a "do pass"
recommendation. Senators Kelly, Kerttula, and Rieger signed
"no rec."
ANNOUNCEMENT
Co-chair Pearce announced that the committee would meet at
9:00 a.m. March 23, 1993, to discuss a committee substitute
for supplemental funding (SB 100) as well as SB 112 and SB
149, relating respectively to universal commercial code and
banking code revisions.
ADJOURNMENT
The meeting was adjourned at approximately 10:40 a.m.
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