Legislature(2007 - 2008)BARNES 124

03/30/2007 01:00 PM House RESOURCES


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01:02:36 PM Start
01:02:49 PM Confirmation Hearing|| Commissioner, Department of Natural Resources
02:03:12 PM Alaska Oil & Gas Conservation Commission
02:11:20 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings: TELECONFERENCED
Commissioner, Natural Resources - Tom
Irwin; Alaska Oil & Gas Conservation
Commission
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                         March 30, 2007                                                                                         
                           1:02 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Carl Gatto, Co-Chair                                                                                             
Representative Craig Johnson, Co-Chair                                                                                          
Representative Vic Kohring                                                                                                      
Representative Bob Roses                                                                                                        
Representative Paul Seaton                                                                                                      
Representative Peggy Wilson                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bryce Edgmon                                                                                                     
Representative David Guttenberg                                                                                                 
Representative Scott Kawasaki                                                                                                   
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
                                                                                                                                
Commissioner, Department of Natural Resources                                                                                 
                                                                                                                                
     Acting Commissioner Tom Irwin - Anchorage                                                                                  
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Alaska Oil & Gas Conservation Commission                                                                                      
                                                                                                                                
     Cathy Foerster - Anchorage                                                                                                 
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to report                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TOM IRWIN, Acting Commissioner                                                                                                  
Department of Natural Resources (DNR)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Discussed why he would like to be                                                                        
commissioner.                                                                                                                   
                                                                                                                                
ROY BURKHART                                                                                                                    
Willow, Alaska                                                                                                                  
POSITION   STATEMENT:     Opposed  Acting   Commissioner  Irwin's                                                             
appointment to the Department of Natural Resources.                                                                             
                                                                                                                                
HERB SIMON                                                                                                                      
Nelchina, Alaska                                                                                                                
POSITION  STATEMENT:   Asked  Acting  Commissioner  Irwin to  put                                                             
environmental  safeguards  into  permit  requirements  for  mega-                                                               
projects.                                                                                                                       
                                                                                                                                
CATHY FOERSTER, Appointee                                                                                                       
to the Alaska Oil and Gas Conservation Commission (AOGCC)                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Related the  reasons she wants to  serve on                                                             
the AOGCC.                                                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CO-CHAIR  CRAIG  JOHNSON  called  the  House  Resources  Standing                                                             
Committee  meeting  to  order at  1:02:36  PM.    Representatives                                                             
Johnson, Gatto,  Wilson, Seaton,  and Roses  were present  at the                                                               
call to  order.   Representative Kohring  arrived as  the meeting                                                               
was in progress.                                                                                                                
                                                                                                                                
^CONFIRMATION HEARING                                                                                                         
^Commissioner, Department of Natural Resources                                                                                
                                                                                                                                
1:02:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOHNSON  announced that  the  first  order of  business                                                               
would be  the confirmation hearing  on the appointment  of Acting                                                               
Commissioner  Tom  Irwin as  commissioner  of  the Department  of                                                               
Natural Resources (DNR).   He asked Acting  Commissioner Irwin to                                                               
tell the committee why he would like to be commissioner.                                                                        
                                                                                                                                
1:03:15 PM                                                                                                                    
                                                                                                                                
TOM IRWIN,  Acting Commissioner, Department of  Natural Resources                                                               
(DNR),  presented the  following  reasons for  his  desire to  be                                                               
commissioner. First and foremost, he  is a Christian.  Second, he                                                               
and his  wife believe Alaska  needs resource development  so that                                                               
future  generations   have  jobs   and  can  remain   in  Alaska,                                                               
specifically  his children  and grandchildren.   Third,  he holds                                                               
Governor  Palin  in  high  regard.     He  believes  if  Alaska's                                                               
resources are not developed correctly,  Alaska will be ruined and                                                               
he wants Alaska to be as  special for his grandchildren as it has                                                               
been for him.  He and  Governor Palin have the same philosophy in                                                               
regard to Alaska's natural resources  and he works with top-notch                                                               
people at DNR.                                                                                                                  
                                                                                                                                
1:05:23 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO jested  that the DNR commissioner must  be able to                                                               
spell tungsten and molybdenum.                                                                                                  
                                                                                                                                
1:05:31 PM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER  IRWIN said  he can  because he  attended the                                                               
Colorado School of Mining where  he was given a full scholarship,                                                               
summer  employment  and  participated in  a  management  training                                                               
program.   The  first property  he worked  at primarily  produced                                                               
molybdenum,  known as  "molly,"  and secondarily  tungsten.     A                                                               
third product produced was iron manganese tungsten.                                                                             
                                                                                                                                
1:07:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  noted  the coastal  zone  management(CZM)                                                               
process was  moved to a  new program  several years ago  and many                                                               
people from local  communities feel they no longer have  a say in                                                               
that process.  He asked  whether local input can be reinvigorated                                                               
into that program as it exists now.                                                                                             
                                                                                                                                
1:08:07 PM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER IRWIN  said that is a fair  question and that                                                               
he is a proponent of people getting together.  He continued:                                                                    
                                                                                                                                
     If you look back before  I left, we had actually called                                                                    
     multiple parties together.  I  don't remember the exact                                                                    
     count.  We must have had  40 people in the room - maybe                                                                    
     50.  Frankly,  I wasn't there to talk.   I was there to                                                                    
     listen. ...  I've had  it directly but  I ran  into the                                                                    
     folks from  the North Slope  Borough back in D.C.   And                                                                    
     although   we  were   talking  about   [Alaska  Gasline                                                                    
     Inducement  Act]  AGIA as  the  primary  point from  my                                                                    
     standpoint,  we clearly  talked  about this  also.   We                                                                    
     want people to have input.                                                                                                 
                                                                                                                                
1:08:55 PM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER IRWIN continued:                                                                                            
                                                                                                                                
     I might  as well stir  the pot further because  we have                                                                    
     the Habitat  [Division] move also  and, for  the record                                                                    
     sir, I want  to let you know the good  people the state                                                                    
     has  had  working  on  both of  those  projects  -  our                                                                    
     Habitat  folks,  our  biologists,  the  people  in  the                                                                    
     programs,  the people  in the  CZMP.   From my  career,                                                                    
     I've  been through  many mergers  of  companies and  it                                                                    
     seems like everybody - when  you start to a new company                                                                    
     you change  the deck  chairs.   My philosophy  is don't                                                                    
     take your  energy on moving  things.  Take  your energy                                                                    
     on learning  what is good  and what is bad  and working                                                                    
     on the  bad and  enforcing the good  and I'm  intent on                                                                    
     looking at those  but understand I think  there's a lot                                                                    
     of good with the move too.  I'd be misleading to you.                                                                      
                                                                                                                                
     But the other  thing to be honest  with this committee,                                                                    
     I think  I've been living  down here the last  weeks on                                                                    
     another   issue  of   oil  and   gas   line  and   it's                                                                    
     appropriate,  very out  of characterization  of myself.                                                                    
     I really  get out first thing  and say hello to  all my                                                                    
     people and  hear what  they have to  say.   Honestly, I                                                                    
     haven't had a chance to do that yet.                                                                                       
                                                                                                                                
     So, to  be direct, my  first steps  will be I  will get                                                                    
     with the  individuals in my department  who are running                                                                    
     both  of those  programs.   We will  talk.   We'll talk                                                                    
     about what is going on  and I am committed to listening                                                                    
     to the Alaskan people, just as the Governor is.                                                                            
                                                                                                                                
1:10:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON said  his  point addresses  what has  been                                                               
happening, that being  the agency's lack of  listening to people.                                                               
Local  entities cannot  write enforceable  policies for  anything                                                               
that could  possibly be covered  under state law,  which includes                                                               
just about everything.  For example,  if a local community has an                                                               
important issue  dealing with subsistence  on eel grass  beds, it                                                               
cannot write a policy to  address that but instead must determine                                                               
the historic  usage of every eel  grass bed.  He  asked Mr. Irwin                                                               
to look  into that part  of the  program and consider  whether it                                                               
went too  far and, if  so, to address the  problem.  It  has made                                                               
local input almost meaningless.                                                                                                 
                                                                                                                                
1:12:09 PM                                                                                                                    
                                                                                                                                
ACTING  COMMISSIONER IRWIN  said he  would  do that  and that  he                                                               
would meet with Representative Seaton in the near future.                                                                       
                                                                                                                                
1:12:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOHRING noted  that he has been  very pleased with                                                               
the work  Acting Commissioner  Irwin has done  on the  AGIA bill.                                                               
That bill improves upon previous legislation.   He is glad to see                                                               
that  Governor Palin  saw fit  to  recommend Acting  Commissioner                                                               
Irwin.  He then excused himself to attend another meeting.                                                                      
                                                                                                                                
1:13:25 PM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER IRWIN thanked  Representative Kohring for his                                                               
comments.                                                                                                                       
                                                                                                                                
1:13:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES asked  Acting Commissioner  Irwin if  he is                                                               
concerned that what transpired in  the past will prevent him from                                                               
moving forward as commissioner.                                                                                                 
                                                                                                                                
1:14:03 PM                                                                                                                    
                                                                                                                                
ACTING  COMMISSIONER  IRWIN   thanked  Representative  Roses  for                                                               
asking that question.  He told members:                                                                                         
                                                                                                                                
     What transpired in the past,  and I'm not going to talk                                                                    
     about others, let me talk about  me.  I took an oath to                                                                    
     do what  is best  for Alaskans.   I just  recently took                                                                    
     that oath  again.   I intend  to to  the fullest  of my                                                                    
     ability, and I did add at  the end of the oath "So help                                                                    
     me God."   I stood up  for what was right  for Alaskans                                                                    
     and I  don't think it will  hinder me.  I've  learned a                                                                    
     lot.   I actually  think it brings  more to  the table.                                                                    
     You always learn from experiences.                                                                                         
                                                                                                                                
     So sir,  I really believe I  did what is right.   I did                                                                    
     what many  people would do.   Who would have  thought a                                                                    
     year and so  many months later I'd be down  in front of                                                                    
     this group again?   But yes, to the best  of my ability                                                                    
     I took that oath to do what is best for Alaska.                                                                            
                                                                                                                                
1:15:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  remarked that  he has  only heard  words of                                                               
praise for  Acting Commissioner  Irwin from others.   He  said he                                                               
believes Acting  Commissioner Irwin  is seen as  a person  who is                                                               
committed to doing  what is right and what is  best for the State                                                               
of Alaska.                                                                                                                      
                                                                                                                                
1:15:44 PM                                                                                                                    
                                                                                                                                
ACTING  COMMISSIONER   IRWIN  said,  in  all   fairness,  he  was                                                               
supported by a lot of good staff.                                                                                               
                                                                                                                                
1:16:40 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO said  he tried to get Mark Myers  to return but he                                                               
is  now working  for the  United  States Geological  Survey.   He                                                               
believes Acting Commissioner Irwin learned  a great deal from his                                                               
past experience and took a stand for the people of Alaska.                                                                      
                                                                                                                                
1:17:45 PM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER IRWIN said he will  honor the oath he took to                                                               
the  best of  his ability.   He  jested he  would appreciate  any                                                               
suggestions on  how to  get Mark  Myers back.   Mr. Myers  has an                                                               
incredibly important  position for the United  States and Alaska.                                                               
They talk regularly.  He noted  DNR has a huge opportunity before                                                               
it.                                                                                                                             
                                                                                                                                
1:19:08 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON opened the meeting to public testimony.                                                                        
                                                                                                                                
1:19:24 PM                                                                                                                    
                                                                                                                                
ROY BURKHART related his opposition  to the appointment of Acting                                                               
Commissioner  Irwin to  DNR because  he does  not believe  Acting                                                               
Commissioner  Irwin is  diplomatic  enough to  run a  department.                                                               
Mr. Burkhart  said he  worked on  the Willow  boat launch  for 15                                                               
years.  A number of  environmental extremists in [the Division of                                                               
Parks]  have derailed  that project  again.   He has  written six                                                               
letters to DNR  but has yet to receive a  response.  He recounted                                                               
a short  history of the  Willow boat  launch and said  the entire                                                               
Valley  delegation  favors  the   project,  as  well  as  outdoor                                                               
organizations.   However, the  project is  not supported  at DNR.                                                               
He  felt Acting  Commissioner Irwin  should  be asked  to put  on                                                               
record that  he supports the  Willow boat launch and  will demand                                                               
that DNR staff support the project.                                                                                             
                                                                                                                                
1:22:11 PM                                                                                                                    
                                                                                                                                
HERB  SIMON, testifying  via teleconference  from Nelchina,  said                                                               
[Trans-Alaska Pipeline  System] TAPS has been  operating for more                                                               
than 30 years and that the  gas industry and Pebble Mine may open                                                               
soon.   He asked why  preventative measures can't be  included as                                                               
conditions for the permitting of  mega-projects in the state.  He                                                               
continued:                                                                                                                      
                                                                                                                                
     So, for  example, inspection criteria on  the pipeline,                                                                    
     the TAPS  or any  other pipeline, and  the clean  up of                                                                    
     some of  these mines  - I'm from  Nelchina and  we have                                                                    
     mining equipment  scattered all  over this part  of the                                                                    
     world where  the mining operation was  permitted, gunny                                                                    
     sacked,  or somebody  died or  whatever.   All of  that                                                                    
     junk  is scattered  all over  the country.   Why  can't                                                                    
     things like that be plowed  into a conditional use type                                                                    
     permit so  that one,  this mining equipment  is removed                                                                    
     from the  sites like with  TAPS or any  other pipeline,                                                                    
     why  we   don't  plow  inspection  criteria   into  the                                                                    
     conditional  use  permit of  the  pipeline.   In  other                                                                    
     words, I'm going not for  the sake of environmentalism,                                                                    
     but  preventative measures.   I  think, for  example we                                                                    
     just  recently in  the past  several years  renewed the                                                                    
     permit  for TAPS  and then,  through the  jousting with                                                                    
     the big oil  companies and the state,  suddenly we come                                                                    
     to find  out a lot of  those feeder lines up  north are                                                                    
     corroded  30 years  after the  fact  where that  should                                                                    
     have  been  periodic   inspection  criteria.    Anyway,                                                                    
     that's the essence of my question.                                                                                         
                                                                                                                                
1:25:45 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOHNSON asked  Mr. Simon  to stay  on line  because his                                                               
questions may be  addressed during the hearing.   With no further                                                               
participants,  he closed  public testimony.   He  notified Acting                                                               
Commissioner Irwin that he is  free to answer those questions but                                                               
is only compelled to answer questions from committee members.                                                                   
                                                                                                                                
1:26:27 PM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER  IRWIN said the  Willow boat ramp has  a long                                                               
history.  He explained:                                                                                                         
                                                                                                                                
     Of  what   was  requested   of  DNR  and   the  funding                                                                    
     available, etcetera,  one was sort  of put in  with the                                                                    
     money  available in  a spot  that  DNR people  strongly                                                                    
     felt don't put  it in there because it  will wash away.                                                                    
     It washed  away.  There  is a  boat ramp that  is badly                                                                    
     needed out  there.  I've  actually visited  there twice                                                                    
     in a past life when I  was here before.  It's a funding                                                                    
     issue  and  really that  boat  ramp  ties into  several                                                                    
     funding  issues  and I  certainly  have  got to  be  on                                                                    
     record that  I support  the Governor's budget  but that                                                                    
     boat  ramp and  access  to the  world  and parks,  that                                                                    
     whole issue, you  know, there's two sides.   I mean you                                                                    
     heard I  want resource  development and I  believe that                                                                    
     is what can help fund some  of these things.  We are so                                                                    
     rich in parks and we want  people to put their boats in                                                                    
     the river  but you  also have  to do  it right.   We're                                                                    
     legally bound  to do it  safely.  You can't  just throw                                                                    
     something  in and  not have  the full  money so  all of                                                                    
     these things are an issue.                                                                                                 
                                                                                                                                
     I'll go  down a short  rabbit trail if you'll  allow me                                                                    
     to on  parks.   I think  the parks  people have  done a                                                                    
     tremendous job in keeping parks  open by having private                                                                    
     people  come in  and manage  them.   And those  private                                                                    
     people have  done a good  job but there is  an economic                                                                    
     motivation  there  and  you  get  further  and  further                                                                    
     behind in  the maintenance.   Somewhere long  term, and                                                                    
     these are shorter than long  term in my mind, read what                                                                    
     they're  doing with  parks in  your -  I don't  want to                                                                    
     reinvent the wheel.  And  whatever people do around the                                                                    
     world with  parks doesn't  hold a candle  to ours.   So                                                                    
     boat  ramps  and  access  and all  of  these  things  I                                                                    
     believe in,  if we've been disrespectful  somehow to an                                                                    
     individual,  we  don't mean  that  and  maybe we  have,                                                                    
     maybe we haven't because I  don't recall the gentleman.                                                                    
     But he deserves an answer  and there is something we're                                                                    
     missing.  We  need to be paying  attention because he's                                                                    
     an Alaskan like everyone else.                                                                                             
                                                                                                                                
1:29:01 PM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER IRWIN continued:                                                                                            
                                                                                                                                
     The second  question - boy,  I could talk for  hours on                                                                    
     it but there's  a history of mining and  there are some                                                                    
     junk  places  out there  and  we  don't want  those  in                                                                    
     Alaska.   But if I  might go  to one example,  I helped                                                                    
     purchase, design, set up and  get the Fort Knox Mine in                                                                    
     operation.     There  are checks  and  there are  still                                                                    
     checks going on but if you  go look in that valley, and                                                                    
     my first  experience with Habitat  people and  Fish and                                                                    
     Game people, the mine is high  on the ridge where it is                                                                    
     at but  this valley had  frankly been torn up  and torn                                                                    
     up  terribly with  placer mining  - not  the new  style                                                                    
     with plans  and reclamation, I'm talking  about the old                                                                    
     timers.   They didn't know  at the time what  we really                                                                    
     had  for  the  environment.    They  tore  through  the                                                                    
     permafrost  that melted  every summer.   The  black was                                                                    
     going through  the Little Chena through  Fairbanks.  It                                                                    
     was close to  being an impaired water body.   It was to                                                                    
     the point  it was catch  and release for grayling  on a                                                                    
     wonderful river system.                                                                                                    
                                                                                                                                
     But here is  what you can do.  The  company worked with                                                                    
     [the Alaska  Department of] Fish  and Game  [ADF&G] and                                                                    
     [the Division  of] Habitat.   We had  to put in  a 385-                                                                    
     acre water reservoir, very sizeable.   They said let us                                                                    
     work  with you  and here's  what we'll  get out  of it.                                                                    
     You'll  get your  reservoir, leave  humps  in here  and                                                                    
     let's take  all of these  placer miner ponds  and we'll                                                                    
     reclaim them and  connect them together.   The goal was                                                                    
     not only did the mine get  its water; we cleaned up the                                                                    
     river because  now all  of the  solids have  been taken                                                                    
     care of going  downstream.  The goal  was maybe [5,000]                                                                    
     to  10,000 catchable-size  grayling at  the end  of the                                                                    
     mine life, which  was 12 years at the time.   The first                                                                    
     year that  this was in  operation we saw  an incredible                                                                    
     amount of  fry in the  little ponds.   We had  one pipe                                                                    
     into the big  pond.  The fry were  disappearing.  Well,                                                                    
     we've got some  really big turbot in the  channel so we                                                                    
     had to  go back and Fish  and Game helped us  and it is                                                                    
     to  their credit.   Habitat  people understand  things.                                                                    
     Ellot  [ph] -  Ellot  works  for Habitat  now.   He  is                                                                    
     second in  command under  Kerry Howard,  superb people.                                                                    
     Their answer  wasn't to  say no.   Their answer  was to                                                                    
     say how do we get  this resource development and get to                                                                    
     yes and  everybody wins.   There are so  many catchable                                                                    
     size  grayling  that  are   going  over  the  spillway.                                                                    
     They're tagged.   They are going  through Little Chena,                                                                    
     Chena.   We're starting to  find tagged grayling  up by                                                                    
     Delta.                                                                                                                     
                                                                                                                                
     So, was  it done wrong in  the past?  Sure.   We've all                                                                    
     learned.   Do you  check on  these things?   Do  you do                                                                    
     things better?  It's imperative.   And, if I might, Mr.                                                                    
     Chairman, I'd like to talk about Pebble.                                                                                   
                                                                                                                                
1:31:50 PM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER IRWIN continued:                                                                                            
                                                                                                                                
     I think  we should be  asking about Pebble.   There are                                                                    
     two clear  issues to me  on Pebble.   I won't  budge on                                                                    
     these two  so you  might as  well know who  I am  and I                                                                    
     made sure the Governor and I  were in synch.  First and                                                                    
     foremost,  I  will  never allow  something  to  hurt  a                                                                    
     renewable  resource  called  a fishery  that  is  world                                                                    
     class  like Bristol  Bay, period.   That's  not me  and                                                                    
     that's  not   my  philosophy  and  that   is  not  this                                                                    
     Administration's philosophy.                                                                                               
                                                                                                                                
     The second  part is I believe  in resource development.                                                                    
     I, as a commissioner, don't  even know what to judge on                                                                    
     yet.  I've heard big  things and big numbers but here's                                                                    
     what I'll  expect because I  believe in a process.   If                                                                    
     we don't  follow a  process as a  state -  you randomly                                                                    
     chuck this  out, maybe a  borough throws this  one out,                                                                    
     individuals throw this out, it's  out of my - whatever.                                                                    
     We're not that kind of state.   We've all taken a stand                                                                    
     we're going  to be fair.     You  have to have  a clear                                                                    
     process and what  will I demand before  my people start                                                                    
     looking  at that  process?   I want  to know  financial                                                                    
     assurances.   Where are the  deep pockets that  pay for                                                                    
     any problem?                                                                                                               
                                                                                                                                
     Reclamation plans -  don't tell me how  you're going to                                                                    
     start it up until you can  tell me how you are going to                                                                    
     shut it down.  Tell me how  you are going to - and this                                                                    
     is my  background - I  know the answers, what  I should                                                                    
     be looking  for.  Tell  me what  you're going to  do if                                                                    
     you  have to  interrupt in  mid-stream.   What are  you                                                                    
     going to  do with acid  rock drainage?  What  if you're                                                                    
     in  construction  and  have  to stop?    What  type  of                                                                    
     earthquake can you stand?  We  can't stand a 1 in a 100                                                                    
     chance of  something going  away in  that area.   We're                                                                    
     accountable.  We, as Alaskans,  are accountable.  I can                                                                    
     tell  you the  dam at  Fort Knox  can withstand  a .27G                                                                    
     ground   acceleration.     Well,  if   there's  a   big                                                                    
     earthquake in  Fairbanks, my family  and I  have always                                                                    
     talked about  we ought to  go stand on the  dam because                                                                    
     it will knock you down but  it will be there.  Can they                                                                    
     tie it into bedrock?  What is the drainage pattern?                                                                        
                                                                                                                                
     There are so many questions  I would want to see before                                                                    
     we even  start the process  but it's got to  be allowed                                                                    
     to be  a fair process  otherwise I know  what companies                                                                    
     do.   If they don't have  a fair chance to  explore, to                                                                    
     study it,  to put  plans together  and to  be evaluated                                                                    
     correctly, they  go elsewhere.   But  it isn't  the one                                                                    
     site  that's in  jeopardy and  I'm not  preaching here,                                                                    
     I'm  passionate  about  it.    The  next  place  is  in                                                                    
     jeopardy  because  of  this   reason,  the  next  place                                                                    
     because  of   that  reason.    Mining,   oil  and  gas,                                                                    
     fisheries, they  all then  get challenged.   We  need a                                                                    
     process  and  if  there is  something  wrong  with  the                                                                    
     process, it's  my job  to listen  and fix  the process,                                                                    
     beef it  up.  It's  also my job if  there's duplication                                                                    
     to  remove duplication.   That  works both  ways.   But                                                                    
     Pebble  is  so  important   in  our  state  right  now.                                                                    
     Resources -  you all have  a huge responsibility  and I                                                                    
     know you  recognize it.   I have a  huge responsibility                                                                    
     to  do my  part correctly  so  I hope  that answers  my                                                                    
     position on Pebble.                                                                                                        
                                                                                                                                
1:35:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  commented legislators have heard  that DNR                                                               
is  giving the  agriculture industry  the attention  it needs  or                                                               
advocating  for  its expansion.    He  asked Acting  Commissioner                                                               
Irwin  his philosophy  on  how  the state  should  be looking  at                                                               
agriculture.                                                                                                                    
                                                                                                                                
1:36:09 PM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER IRWIN said he skipped  out of a House Oil and                                                               
Gas Committee hearing yesterday  to meet with two representatives                                                               
and an  individual from the  cruise industry.  They  talked about                                                               
the huge  number of meals  served on  the cruise ships  coming to                                                               
Alaska.   He heard about  one farmer who  had to throw  out 1,500                                                               
pounds of  potatoes at  the end  of the year  and yet  the cruise                                                               
ship wanted  them.   He said the  agricultural industry  does get                                                               
the short  end sometimes.  He  believes the industry needs  to be                                                               
viewed as  a viable industry.   He believes niche  markets exist.                                                               
He  remarked  that with  the  problems  associated with  mad  cow                                                               
disease, the  dairy farmers  and others  are facing  tough issues                                                               
that  are not  unique  to Alaska.    However, huge  opportunities                                                               
exist.    He hopes DNR  is able to  focus on a business  plan for                                                               
the agriculture industry; that is a goal.                                                                                       
                                                                                                                                
1:38:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  said   shellfish  farmers   are  feeling                                                               
uncomfortable with the ADF&G.   Commissioner Lloyd told the House                                                               
Fisheries Committee  he was  not opposed  to moving  oversight of                                                               
the  mariculture  industry [to  DNR]  because  it is  not  within                                                               
ADF&G's  core   mission.    However,   ADF&G  is   interested  in                                                               
maintaining biological  checks and balances.   He said a  bill is                                                               
being drafted  that will shift mariculture  industry oversight to                                                               
the  Division   of  Agriculture   in  DNR.     He   asked  Acting                                                               
Commissioner Irwin's opinion of that transfer.                                                                                  
                                                                                                                                
1:40:16 PM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER  IRWIN replied the agriculture  industry must                                                               
get attention but he honestly  does not know whether the Division                                                               
of Agriculture  is the best  home for mariculture oversight.   He                                                               
said he would be more comfortable  with that transfer if he could                                                               
assure legislators the  agriculture industry is going  to be okay                                                               
before accepting  oversight of  mariculture.   He offered  to get                                                               
back to the committee with a response to that question.                                                                         
                                                                                                                                
1:40:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON commented that  DNR handles the permits for                                                               
mariculture sites but ADF&G does  the biological permitting.   He                                                               
said   although   the   mariculture  industry   is   small,   the                                                               
participants are Alaskans located around the Gulf of Alaska.                                                                    
                                                                                                                                
1:41:38 PM                                                                                                                    
                                                                                                                                
ACTING  COMMISSIONER  IRWIN  said,  in  response  to  a  previous                                                               
comment about Mr.  LeFevre, he thinks the world  of Dick LeFevre.                                                               
Mr. LeFevre  started the large  mine permitting project  team for                                                               
DNR  when the  Fort Knox  Mine started  up.   He cares  about the                                                               
environment.    He  said  when  Mr.  LeFevre  returned  to  state                                                               
employment,  his first  goal was  to get  the Alaskan  Grown logo                                                               
lawsuit resolved.   Alaskan farmers were using  the Alaskan Grown                                                               
logo but the state decided it  was available for anyone's use and                                                               
numerous lawsuits were filed.  He  said the first day Mr. LeFevre                                                               
met with the litigants, the case was resolved.                                                                                  
                                                                                                                                
1:42:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES said  in some  of the  agricultural leases,                                                               
businesses  have difficulty  borrowing  money for  infrastructure                                                               
because  the  lending institutions  require  a  lease that  is  a                                                               
minimum of five years longer than the mortgage.                                                                                 
                                                                                                                                
1:44:22 PM                                                                                                                    
                                                                                                                                
ACTING  COMMISSIONER IRWIN  said that  issue pertains  to several                                                               
leasing scenarios  and is important.   He said  he is aware  of a                                                               
hunting guide who bid on an area  that was a mess.  He cleaned up                                                               
the mess  and built temporary structures  on that land.   Now his                                                               
right to permanently stay on the  land versus how that land would                                                               
be  bid is  problematic  for the  state.   He  disclosed that  he                                                               
recently worked for  the Golden Valley Electric  Association.  He                                                               
firmly believes  in renewable  energy and  that Alaska  should be                                                               
funding renewable energy  sources with income from  the gas line.                                                               
Electric  cooperatives  spend  millions  to find  wind  and  then                                                               
construct  huge   test  towers.    Those   cooperatives  have  no                                                               
discovery  rights  to those  areas.    He  said that  problem  is                                                               
further  compounded with  geothermal energy  sources.   He agreed                                                               
with  Representative Roses  and said  DNR needs  to come  up with                                                               
solid answers to leasing issues that are fair.                                                                                  
                                                                                                                                
1:47:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  said he  believes  the  only fair  way  to                                                               
address that problem is to require  a new bidder who wins a lease                                                               
from  a  former leaseholder to pay back  the original leaseholder                                                               
for  the infrastructure  built on  the leased  land through  some                                                               
sort of an amortization process.                                                                                                
                                                                                                                                
1:48:09 PM                                                                                                                    
                                                                                                                                
ACTING  COMMISSIONER IRWIN  said  he  is not  sure  of the  right                                                               
procedure  and   wants  to  further   discuss  that   issue  with                                                               
Representative Roses at a later date.                                                                                           
                                                                                                                                
1:48:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON  said  she  shares  Representative  Roses'                                                               
concern.   She asked whether  agricultural leases can  contain an                                                               
option to renew  clause so that farmers can get  loans toward the                                                               
end of their leases.                                                                                                            
                                                                                                                                
1:49:22 PM                                                                                                                    
                                                                                                                                
ACTING  COMMISSIONER  IRWIN  acknowledged this  problem  must  be                                                               
solved because  real people are  getting hurt.   He said  he also                                                               
has serious  concerns about [the  shortfall in]  the agricultural                                                               
revolving loan  fund.  He questioned  what the state is  going to                                                               
do to help fund this industry.                                                                                                  
                                                                                                                                
1:50:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO expressed concern  about disappearing farm land in                                                               
the Mat-Su Valley  due to residential construction  on that land.                                                               
He asked if the state could  buy agricultural rights to farm land                                                               
or to prevent  the farmer from losing money  while reserving farm                                                               
land and open spaces for the community.                                                                                         
                                                                                                                                
1:51:04 PM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER IRWIN  said he doesn't know  the answer right                                                               
now but is an  issue he will think about.   He questioned at what                                                               
point a farmer owns  the land and can do what  he chooses with it                                                               
after he  has paid off the  mortgage.  He said  that land belongs                                                               
to the farmer and  he does not want to take  that right away from                                                               
the owner.                                                                                                                      
                                                                                                                                
1:52:26 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO said  he lived in Fairbanks during  the 1960s when                                                               
some homesteaders said  they had to sell their  land because they                                                               
could no longer  pay the taxes due to price  appreciation.  He is                                                               
aware of Mat-Su farmers whose  land is now worth millions because                                                               
of price  appreciation.  Those people  do not want to  be run off                                                               
of their land.  He said he was  suggesting the need to find a way                                                               
to keep the land classified as agricultural.                                                                                    
                                                                                                                                
1:54:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  noted the House Resources  Committee had a                                                               
hearing  on  the  gas-to-liquids technology  because  that  could                                                               
generate hundreds of  thousands of barrels to keep  TAPS going at                                                               
a low tariff rate.  He asked  whether DNR has been looking at any                                                               
projects that fit that description.                                                                                             
                                                                                                                                
1:55:30 PM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER  IRWIN said DNR's  primary goal with  TAPS is                                                               
to ensure that  independent producers are provided  access to the                                                               
pipeline so  that companies that find  oil along with gas  have a                                                               
way  to  ship  that  oil,  Point  Thomson  is  an  example.    He                                                               
furthered:                                                                                                                      
                                                                                                                                
     When you  talk with  the Mark Myers  of the  world, and                                                                    
     [there]  are  200 to  400  million  barrels of  liquids                                                                    
     there, and the  possibility that that might  have to be                                                                    
     processed first before you get  at the gas because both                                                                    
     AOGCC has to worry about  molecule recovery, DNR has to                                                                    
     worry about  molecule recovery and  economics.   It's a                                                                    
     requirement  with  the  state we  can't  leave  liquids                                                                    
     behind.   So, from  that standpoint we're  very focused                                                                    
     on  it.   I have  not been  personally involved  in any                                                                    
     state programs that  I know of that  are really pushing                                                                    
     gas to  liquids but  we're certainly aware  of anything                                                                    
     the companies do.   I'm not going to  preclude that but                                                                    
     I think our priorities right  now - our value is making                                                                    
     sure we  have access for  people who find oil,  for the                                                                    
     facilities, and DNR wrote a  really good report on that                                                                    
     and some  of the issues  with it shortly before  I left                                                                    
     last  time and  then  on  the gas  getting  - and  it's                                                                    
     paramount here that  whatever gas line that  we have so                                                                    
     it's expandable  and people who  find gas  can monetize                                                                    
     it.  No - specifically  to your other question, I don't                                                                    
     know.                                                                                                                      
                                                                                                                                
1:57:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  said the other question  revolves around a                                                               
wet  gas  line  versus  a  dry  gas  line.    TAPS  could  become                                                               
uneconomic because a  very wet gas line is permitted  to take the                                                               
wet liquids off.  He continued:                                                                                                 
                                                                                                                                
     And then  TAPS sits there  and becomes economic  and we                                                                    
     have  a tariff  over $10  a barrel  and those  kinds of                                                                    
     things.   Are we looking  at that when  we're balancing                                                                    
     the proposals  that might  come through  as far  as the                                                                    
     effect  of not  only on  the gas  line but  on TAPS  as                                                                    
     well?                                                                                                                      
                                                                                                                                
1:58:01 PM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER IRWIN said the  answer is yes.  An additional                                                               
question  is where  do the  liquids in  the gas  go?   Should the                                                               
state develop  an additional business  or should the  liquids get                                                               
sent to  the Henry Hub?   The state needs  to be very  wise about                                                               
the value  of these products.   He said more career  options will                                                               
occur when more value is added to products in state.                                                                            
                                                                                                                                
1:58:45 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON  said some bills  are working their  way through                                                               
the Legislature regarding the Division  of Habitat and ADF&G.  He                                                               
has heard  that DNR and ADF&G  do not enforce laws  in equal ways                                                               
or  that DNR  does not  have  enforcement powers.   He  expressed                                                               
concern:                                                                                                                        
                                                                                                                                
     In   the  Habitat   Division  we   enforce  the   laws.                                                                    
     We have the enforcement capabilities.   I don't want to                                                                    
     send  a signal  that we're  not enforcing  habitat laws                                                                    
     because  DNR either  won't, can't  or  chooses not  to.                                                                    
     Can   you  address   that  a   little  bit   about  the                                                                    
     enforcement  and the  things that  DNR does  with their                                                                    
     habitat division?   Can you address that  a little bit?                                                                    
     And then I think we'll be done.                                                                                            
                                                                                                                                
1:59:45 PM                                                                                                                    
                                                                                                                                
ACTING COMMISSIONER IRWIN  said the Division of  Habitat has been                                                               
so successful  in DNR that it  has seen 99 percent  compliance in                                                               
habitat permits.  On the other  hand, the timber industry is very                                                               
upset with  the Division because it  will not agree to  put pipes                                                               
in  streams that  contain fish.   He  heard a  little bit  of the                                                               
testimony against  the Division of  Habitat.  That  testimony was                                                               
terribly incorrect  about the  staff he  knows in  that division.                                                               
They  would   not  compromise  their  principles.     When  those                                                               
employees  were  transferred  to  DNR,  they  were  told  not  to                                                               
compromise their principles.   He wanted the  employees to figure                                                               
out how  to get to  yes without compromising  habitat protection.                                                               
He  has little  tolerance for  anyone who  would damage  Alaska's                                                               
habitats.  He acknowledged DNR  does not have enough employees to                                                               
police  the  state but  it  will  follow-up  when possible.    He                                                               
acknowledged  that DNR's  enforcement efforts  have been  poor in                                                               
the past.                                                                                                                       
                                                                                                                                
2:02:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  congratulated Acting Commissioner  Irwin on                                                               
his  long   marriage  and  noted   today  is  his   39th  wedding                                                               
anniversary.                                                                                                                    
                                                                                                                                
2:02:44 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON asked the will of the committee.                                                                               
                                                                                                                                
2:02:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO  moved  to  recommend  that  Acting  Commissioner                                                               
Irwin's name be  forwarded for confirmation at  the joint session                                                               
of the Legislature.                                                                                                             
                                                                                                                                
CO-CHAIR JOHNSON noted the motion carried with no objections.                                                                   
                                                                                                                                
^Alaska Oil & Gas Conservation Commission                                                                                     
                                                                                                                              
2:03:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON  announced that  the next  order of  business is                                                               
the confirmation hearing on the  appointment of Cathy Foerster to                                                               
the Alaska Oil  & Gas Conservation Commission (AOGCC).   He asked                                                               
Ms. Foerster,  who was participating via  teleconference, to tell                                                               
the committee why she would like to be on the commission.                                                                       
                                                                                                                                
2:03:26 PM                                                                                                                    
                                                                                                                                
CATHY FOERSTER,  appointee to the  AOGCC, said she would  like to                                                               
be considered  for reappointment for  three reasons.   First, she                                                               
is grateful to  serve the state because Alaska has  given so much                                                               
to her  and her family.   Her children  want to remain  in Alaska                                                               
for  the rest  of their  lives and  she wants  to help  make that                                                               
possible for  them.   Second, the AOGCC  is dealing  with several                                                               
important and highly  technical projects right now.   It recently                                                               
completed  a   technical  study  to  determine   the  appropriate                                                               
allowable  gas off-take  when  it holds  North  Slope gas  sales.                                                               
The AOGCC  is in the  early phases of  a similar study  for Point                                                               
Thomson,  is updating  its regulations  for well  safety systems,                                                               
and is in  the conceptual phase of reviewing  its regulations and                                                               
processes  involving  gas  disposition,  such as  flaring.    She                                                               
believes  the  state  has  invested  a lot  of  time  in  her  to                                                               
understand the complex issues involved.   Getting a new person up                                                               
to  speed mid-stream  would  set the  state back.    Third, as  a                                                               
petroleum  engineer,  her  time  with   the  AOGCC  has  been  an                                                               
opportunity  to  learn  and  contribute and  she  would  like  to                                                               
continue her  participation.   She is  pleased to  be on  a well-                                                               
respected commission  and to work with  intelligent, honest, hard                                                               
working  and  ethical people.    She  thanked members  for  their                                                               
consideration.                                                                                                                  
                                                                                                                                
2:06:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  said it has  been a pleasure  talking with                                                               
Ms. Foerster and appreciates her openness and expertise.                                                                        
                                                                                                                                
2:06:40 PM                                                                                                                    
                                                                                                                                
MS. FOERSTER thanked him.                                                                                                       
                                                                                                                                
2:06:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO  asked  Ms.  Foerster if  she  could  comment  on                                                               
committee hearings  that addressed the Alaska  Gas Inducement Act                                                               
(AGIA).                                                                                                                         
                                                                                                                                
2:07:01 PM                                                                                                                    
                                                                                                                                
MS. FOERSTER  said she has opinions  as a citizen and  voter, but                                                               
as an AOGCC  representative, she has to restrict  her comments to                                                               
conservation of the  resource.  The AOGCC is  looking at ensuring                                                               
that the  right amount of  gas is sold  from Prudhoe so  that the                                                               
oil resources  are not  lost, and at  the conservation  and waste                                                               
issues at Point Thomson.  Right  now there are 200 to 400 million                                                               
barrels of  condensate, liquid hydrocarbon,  at risk if  there is                                                               
an  immediate gas  blow down  in that  reservoir.   Regarding the                                                               
remaining aspects of AGIA, she only has personal opinions.                                                                      
                                                                                                                                
2:08:22 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON said  she is not expected to  share her personal                                                               
opinions.                                                                                                                       
                                                                                                                                
2:09:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON  thanked Ms. Foerster  and noted there  being no                                                               
further questions, public testimony was closed.                                                                                 
                                                                                                                                
2:09:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES said he did  not want Ms. Foerster to assume                                                               
her confirmation  is any less  valuable than  Acting Commissioner                                                               
Irwin's just because her hearing was shorter.                                                                                   
                                                                                                                                
2:10:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON said  the  House  Resources Committee  has                                                               
reviewed the qualifications of Ms.  Foerster for reappointment to                                                               
the  Alaska Oil  and Gas  Conservation Commission.   He  moved to                                                               
forward  her name  to the  joint session  of the  Legislature for                                                               
consideration.                                                                                                                  
                                                                                                                                
2:11:01 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON noted without objection,  the motion carried and                                                               
thanked members for their participation.                                                                                        
                                                                                                                                
2:11:20 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Resources Standing Committee meeting was adjourned at 2:11 p.m.                                                                 

Document Name Date/Time Subjects