Legislature(1999 - 2000)
05/15/1999 09:42 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
HOUSE BILL NO. 131
"An Act relating to public rights-of-way and easements
for surface transportation across the Anchorage
Coastal Wildlife Refuge."
This was the first hearing for this bill in the Senate
Finance Committee. Co-Chair John Torgerson said he would
allow the sponsor to put a statement on the record and then
would hold the bill until the next day for public
testimony. He pointed out that there were many individuals
who wanted to testify but were prevented at this meeting
due to teleconference difficulties.
KEVIN JARDELL, staff to Representative Joe Green, shared
that in 1998, the legislature created the Anchorage
Wildlife Coastal Refuge for the protection of the area. He
noted that within the enabling legislation, the legislature
granted the authority to issue permits to develop the area
or create any structures in the area to the Department of
Natural Resources and the Department of Fish and Game.
In the recent past, Kevin Jardell stated, there have been
developmental pressures on the refuge that are contrary to
position papers put out by the Department of Fish and Game,
which has caused some concerns for Representative Green.
Therefore, Kevin Jardell told the Committee, the sponsor
introduced this current legislation that will give
additional protection to the state's assets by requiring
any development within the area to come before the
legislature for approval.
Senator Randy Phillips asked for a history of the conflict
behind the bill. He stressed that he has been receiving
many phone calls on the matter.
Kevin Jardell responded that the issue lay in a proposed
bike trail extension of the Coastal Trail, a proposed
extension of the railroad through the refuge and the
proposed expansion of the Seward Highway. He noted that
these projects could result in development of a significant
portion of the refuge. He stressed that the refuge is the
only saltwater marsh left in the Anchorage bowl and is
shelter for wildlife species not found anywhere else in the
area. He added that the Department of Fish and Game
released briefings stating that the "coastal route" is not
compatible with the goals of the coastal wildlife refuge as
it was established.
Kevin Jardell suggested that political concerns were
interfering with the process of making value judgements
over the use of the refuge. He used Bristol Bay as an
example of an area where, before any surface development is
approved, the developers must come before the legislature
and demonstrate that there will be no impact on the
fisheries. This legislation is similar, he said, in that it
does not prohibit development in the refuse but only
requires a public process before the legislature on a
state-owned asset.
Senator Randy Phillips asked if this bill would impose
another procedure that must be followed before a bike path
extension can be make though a wildlife refuge. Kevin
Jardell replied this legislation offers an added protection
for the wildlife refuge to keep it from being destroyed or
significantly impaired from the purpose for which it was
created. He continued saying that current law does not
prohibit development if the Department of Fish and Game and
the Department of Natural Resources issues a permit. While
no permit has yet been issued, he stressed that the sponsor
has concerns that the trail extension is being viewed as a
local matter, when he believes it is really a state matter.
The sponsor disagreed with the statement made to him that
the legislature has no business with this state-owned
asset, according to Kevin Jardell.
Senator Randy Phillips did not understand why this bill was
necessary since the project is subject to approval from the
Department of Fish and Game. Kevin Jardell qualified that
in theory, the department issues permits based on
consistency with the refuge goals. He noted that the
department issued a statement claiming that the trial
location alternatives within the Anchorage Coastal Wildlife
Refuge between Spy Glass Circle and the Rabbit Creek Rifle
Range is considered unsuitable by both the Division of
Wildlife Conservation and the Division of Habitat and
Restoration. However, he noted that the trail is still
being considered for these areas despite the findings.
Therefore, he said the sponsor feels the added protection
of this legislation is needed because of a fear of
bureaucracy interfering with the existing protections of
the resource.
Co-Chair John Torgerson introduced ALEXIS GRUNDMAN, as
Guest Assistant Co-Chair. She is the nine-year old
daughter of Debbie Grundman, staff to Co-Chair Sean
Parnell. Co-Chair John Torgerson announced that the
assistant co-chair would be directing the proceedings from
this point forward.
Senator Pete Kelly asked if the trail extension would
eventually create a transportation corridor. Kevin Jardell
responded that in the original designation of the coastal
wildlife refuge, a transportation corridor was granted to
allow access to Fire Island. He noted that was considered a
"deal breaker" at the time. However, he said the current
bill does not grant any surface transportation rights but
instead requires that before any of those rights are
granted, the legislature must approve the developmental
plans.
Senator Loren Leman followed up on the witness's statement
that politics could potentially interfere with the
protection of the refuge. He said he has received phone
calls claiming the same scenario and he wanted to know if
the sponsor had reason to believe that the department is
being pressured to make certain decisions. He wondered if
because the northern extension of the trail is named after
the current governor, the decisions relating to this
section of the trail are being "colored." He suggested
naming the new portion of the trail in honor of someone
else to ease the influence on the decisions.
Kevin Jardell did not care to speculate on the reasons
behind any decisions being made. He deferred to statements
made by field biologists with the Department of Fish and
Game as to the incompatibility of routing a trail through
the refuge and the fact that these statements have not
stopped the plan from proceeding. He said this fact raises
concerns that there may be more than biological
justifications being considered for this project.
Senator Loren Leman commented that he found the different
parties who support and oppose this bill interesting, such
as the Anchorage Daily News editorial speaking against the
bill and resource developers arguing in favor. Because of
this anomaly, he wanted to get to the source of the
legislation in case there is more to the issue.
Senator Al Adams asked if this bill would hamper the
widening of the New Seward Highway or the expansion of the
railroad track near Rabbit Creek. Kevin Jardell replied
that the sponsor does not believe this legislation would
hamper any responsible development within the refuge if it
were the state's best interest.
Senator Al Adams asked permission to use the men's room.
Assistant Co-chair Alexis Grundman refused permission.
Co-Chair John Torgerson asked if the bill had a thorough
hearing in the Senate Resources Committee. Kevin Jardell
answered that an extensive hearing was held in the Senate
Transportation Committee.
ROB BOSWORTH, Deputy Commissioner, Department of Fish and
Game testified the department is opposed to the bill
because there is a planning process underway that has been
carefully designed. He believed this bill would pre-empt
that process unnecessarily. He suggested that the
department, working with the public, municipalities and
other state agencies, should be allowed to determine
whether or not coastal trails, bicycle trails, pedestrian
uses, etc. are detrimental to the refuge.
Rob Bosworth contradicted the sponsor's earlier claim,
saying that the department has not taken the position that
a bike trial is fundamentally incompatible with the refuge.
He hoped to determine whether there are ways that Alaskans
could enjoy and appreciate the refuge through better
access.
Senator Randy Phillips asked when the final decision was
going to be made.
Rob Bosworth said he could not answer this question at this
time and deferred to the Department of Transportation and
Public Utilities, which is the agency that is developing
the trail project. It is his understanding that the
project was only in the beginning of the planning process.
He pointed out that a preferred route was still being
chosen using the University of Alaska and the public
process. He noted that the Department of Fish and Game has
the final approval authority over the refuge portion of the
trail. If the preferred route of the trail does not cross
the refuge, he said the Department of Fish and Game would
have no involvement.
Senator Randy Phillips asked if the entire project would be
prevented from happening if the Department of Fish and Game
does not grant a permit to cross the refuge.
Rob Bosworth affirmed that could be the case only if the
planned trail crosses the refuge.
DENNIS POSHARD, Legislative Liaison, Office of the
Commissioner, Department of Transportation and Public
Facilities explained that the department, working with the
Anchorage Metropolitan Area Transportation Study (AMATS)
and the community, has just begun a route analysis study.
He estimated the study would be completed by August 2000.
At that time, he told the Committee, if the preferred route
went through the wildlife refuge, the department would
begin the permitting process with the Department of Fish
and Game, the US Corps of Engineers wetland process, etc.
to receive approval to construct the trail. He anticipated
another year would be required to do the design work and
complete the permit process.
Senator Randy Phillips surmised that there would be
approximately two years in which the Department of
Transportation and Public Utilities, the Department of Fish
and Game and the Alaska Railroad Corporation will be
involved. He assumed the public would therefore have ample
opportunity to be heard during these two years. Dennis
Poshard affirmed and explained that the Department of
Transportation and Public Utilities begins with a public
planning process followed by another public process
required by the US Environmental Protection Agency and the
US Corps of Engineers to address the wetlands. He added
that there is yet a third public process involved with
obtaining a permit from the Department of Fish and Game.
Senator Leman asked if Mr. Bosworth felt there was any
pressure on the Department of Fish and Game to make
decisions regarding this refuge. He knew the department is
continually faced with challenging political decisions and
supports the existing process in deciding this issue.
However, Senator Loren Leman stated that he had been
hearing from individuals, whose opinions he usually
respects, suggesting that the department is under unusual
pressure to come to the specific conclusion of using a
particular route for the coastal trail expansion. He asked
if the witness was testifying that the allegation was
untrue and the Administration is not exercising undue
influence over the department. He qualified that there is
always some degree of politics involved with a land-use
issue when there are different user groups involved, but he
was referring to extraordinary political pressures.
Mr. Bosworth replied that he is unaware of any unusual
pressures, though he acknowledged there are many interest
groups involved in the project including some department
staff who have strong feelings about protecting the refuge.
However, he said the department feels that for any refuge,
it is appropriate to follow a systematic process of
determining whether or not there is a compatibility or an
incompatibility, and if an alternate route could mitigate
impacts. He noted that process has never been done for this
refuge and he could see no reason to eliminate a land-use
option without careful consideration.
Senator Leman admitted that as a private citizen, there is
a part of him who wants to see the bike path project to
proceed since he lives in the area and would have occasion
to use the trail. However, as a legislature, he did not
want to get involved so long as he could be convinced that
the process is fair and the decisions are reached for the
right reasons. He guessed that the reason for this
legislation is because someone feels that the process is
not - or will not - happen fairly for reasons he does not
know.
Rob Bosworth stressed that the state needs to have public
support for its wildlife refuges. Because this refuge is
located in an urban area, he felt it even more important
that people have the right and the opportunity to
appreciate and enjoy the refuge. Therefore, he
fundamentally desired that all mitigating factors and
alternatives be reviewed before making a determination
against a land-use opportunity.
Dennis Poshard pointed out that the coastal trail extension
is the missing link between trails leading north from
Anchorage along the Glenn and Parks highways and trails
leading south along the Seward Highway. He stated the
department has begun the public process to determine the
appropriate route and do not anticipate making any
decisions before August of next year.
Regarding the issue of the Department of Fish and Game and
the public process, Dennis Poshard quoted from the
Anchorage Coastal Wildlife Refuge Management Plan,
published by the Department of Fish and Game. This plan,
according to Dennis Poshard, dictates the process for
issuing a special area-wide permit. He read, "Coastal trail
access may be allowed within the refuge where disturbance
to fish and wildlife populations and their habitat is
avoided, where safety considerations and conflicts to
existing uses including waterfowl, hunting and rifle range
use allow, and where compatible with management of refuge
public access points and the goals of this management
plan." He concluded that the Department of Fish and Game
has already made it very clear the factors that must be
taken into account before a permit will be issued.
In addition to the Department of Fish and Game permit,
Dennis Poshard reiterated that the project must also go
through the US Corps of Engineers "404 NEPA Merger
Agreement" that requires the Department of Transportation
and Public Utilities to go through another substantial
public process.
Dennis Poshard also pointed out that two other wildlife
refuges, one in Fairbanks and another in Juneau, have bike
paths the that Department of Fish and Game has determined
to be compatible with the goals of the refuges.
Dennis Poshard then stressed that the legislature
ultimately has the final word on the Anchorage project
anyway with the power to pass legislation or by choosing to
not appropriate the federal funding.
Dennis Poshard addressed Senator Al Adams's earlier
question regarding railroad and highway development. He
noted that concerns were raised in another committee with
Senator Georgianna Lincoln proposing an amendment that
changed "surface transportation" to "bike path or trail."
This amendment was the result of another bill regarding the
airport expansion where it came to the Senate
Transportation Committee's notice that the railroad has a
200-foot right-of-way, according to Dennis Poshard. He
said it was since determined that if the Seward Highway
were widened, the railroad would be displaced from its
existing track and moved away from Potter's Marsh. He noted
that the amendment was adopted then rescinded.
Dennis Poshard concluded by saying that the department
opposes the bill and believes the existing process is
sufficient to deal with any public concerns.
Co-Chair John Torgerson ordered the bill HELD and announced
public testimony would be taken the next day.
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