Legislature(2017 - 2018)BARNES 124

02/26/2018 01:00 PM RESOURCES

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Audio Topic
01:05:49 PM Start
01:06:59 PM HB305
01:20:05 PM Confirmation Hearing(s):|| Big Game Commercial Services Board
02:08:37 PM HB367
02:58:32 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearing: Big Game Commercial TELECONFERENCED
Services Board Members
-- Public Testimony --
*+ HB 367 NATIVE CORP. LIABILITY FOR CONTAMINATION TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 305 OIL/HAZARDOUS SUB.:CLEANUP/REIMBURSEMENT TELECONFERENCED
Moved CSHB 305(RES) Out of Committee
-- Testimony <Invitation Only> --
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                       February 26, 2018                                                                                        
                           1:05 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Andy Josephson, Co-Chair                                                                                         
Representative Geran Tarr, Co-Chair                                                                                             
Representative John Lincoln, Vice Chair                                                                                         
Representative Harriet Drummond                                                                                                 
Representative Justin Parish                                                                                                    
Representative Chris Birch                                                                                                      
Representative DeLena Johnson                                                                                                   
Representative George Rauscher                                                                                                  
Representative David Talerico                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Mike Chenault (alternate)                                                                                        
Representative Chris Tuck (alternate)                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 305                                                                                                              
"An Act relating to oil and hazardous substances and waiver of                                                                  
cost recovery for containment and cleanup of certain releases;                                                                  
and providing for an effective date."                                                                                           
                                                                                                                                
     - MOVED CSHB 305(RES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
CONFIRMATION HEARING(S):                                                                                                        
                                                                                                                                
Big Game Commercial Services Board                                                                                            
                                                                                                                                
     Michelle Heun - Palmer                                                                                                     
     Robert Beans - Palmer                                                                                                      
     Cash Joyce - Wasilla                                                                                                       
     Adam Trombley - Anchorage                                                                                                  
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
HOUSE BILL NO. 367                                                                                                              
"An Act relating to the liability of a Native corporation for                                                                   
the release or threatened release of hazardous substances                                                                       
present on certain lands."                                                                                                      
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 305                                                                                                                  
SHORT TITLE: OIL/HAZARDOUS SUB.:CLEANUP/REIMBURSEMENT                                                                           
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/24/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/24/18       (H)       RES, FIN                                                                                               
02/09/18       (H)       RES AT 1:00 PM BARNES 124                                                                              
02/09/18       (H)       Heard & Held                                                                                           
02/09/18       (H)       MINUTE(RES)                                                                                            
02/23/18       (H)       RES AT 1:00 PM BARNES 124                                                                              
02/23/18       (H)       Heard & Held                                                                                           
02/23/18       (H)       MINUTE(RES)                                                                                            
02/26/18       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 367                                                                                                                  
SHORT TITLE: NATIVE CORP. LIABILITY FOR CONTAMINATION                                                                           
SPONSOR(s): MILLETT                                                                                                             
                                                                                                                                
02/21/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/21/18       (H)       RES, JUD                                                                                               
02/26/18       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
KRISTIN RYAN, Director                                                                                                          
Division of Spill Prevention and Response                                                                                       
Department of Environmental Conservation                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered a question during the hearing of                                                                
HB 305.                                                                                                                         
                                                                                                                                
MICHELLE HEUN, Appointee                                                                                                        
Big Game Commercial Services Board                                                                                              
Palmer, Alaska                                                                                                                  
POSITION  STATEMENT:   Testified  as appointee  to  the Big  Game                                                             
Commercial  Services Board,  Division  of Corporations,  Business                                                               
and Professional  Licensing, Department of Commerce,  Community &                                                               
Economic Development.                                                                                                           
                                                                                                                                
ROBERT BEANS, Appointee                                                                                                         
Big Game Commercial Services Board                                                                                              
Palmer, Alaska                                                                                                                  
POSITION  STATEMENT:   Testified  as appointee  to  the Big  Game                                                             
Commercial  Services Board,  Division  of Corporations,  Business                                                               
and Professional  Licensing, Department of Commerce,  Community &                                                               
Economic Development.                                                                                                           
                                                                                                                                
CASH JOYCE, Appointee                                                                                                           
Big Game Commercial Services Board                                                                                              
Palmer, Alaska                                                                                                                  
POSITION  STATEMENT:   Testified  as appointee  to  the Big  Game                                                             
Commercial  Services Board,  Division  of Corporations,  Business                                                               
and Professional  Licensing, Department of Commerce,  Community &                                                               
Economic Development.                                                                                                           
                                                                                                                                
ADAM TROMBLEY, Appointee                                                                                                        
Big Game Commercial Services Board                                                                                              
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Testified  as appointee  to  the Big  Game                                                             
Commercial  Services  Board  (BGCSB), Division  of  Corporations,                                                               
Business  and  Professional  Licensing, Department  of  Commerce,                                                               
Community & Economic Development.                                                                                               
                                                                                                                                
SAM ROHRER, President                                                                                                           
Alaska Professional Hunters Association                                                                                         
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT:   Testified in support of  the appointment of                                                             
Mr. Joyce and the reappointment  of Mr. Trombley as appointees to                                                               
the Big Game Commercial Services Board.                                                                                         
                                                                                                                                
REPRESENTATIVE CHARISSE MILLETT                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Speaking as the sponsor, introduced HB 367.                                                              
                                                                                                                                
HANS RODVIK, Staff                                                                                                              
Representative Charisse Millett                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    On   behalf  of  Representative  Millett,                                                             
sponsor, presented the sectional analysis of HB 367.                                                                            
                                                                                                                                
CURTIS MCQUEEN, Chief Executive Officer                                                                                         
Eklutna Inc.                                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified in support during  the hearing of                                                             
HB 367.                                                                                                                         
                                                                                                                                
HALLIE BISSETT, Executive Director                                                                                              
Alaska Native Village Corporation Association                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified in support during  the hearing of                                                             
HB 367.                                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:05:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  ANDY  JOSEPHSON  called the  House  Resources  Standing                                                             
Committee  meeting  to  order  at   1:05  p.m.    Representatives                                                               
Josephson,   Birch,    Parish,   Talerico,    Johnson,   Lincoln,                                                               
[Drummond],  and  Tarr  were  present   at  the  call  to  order.                                                               
Representative Rauscher arrived as the meeting was in progress.                                                                 
                                                                                                                                
        HB 305-OIL/HAZARDOUS SUB.:CLEANUP/REIMBURSEMENT                                                                     
                                                                                                                                
1:06:59 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOSEPHSON announced  that the  first order  of business                                                               
would  be  HOUSE BILL  NO.  305,  "An  Act  relating to  oil  and                                                               
hazardous substances and waiver  of cost recovery for containment                                                               
and cleanup of  certain releases; and providing  for an effective                                                               
date."                                                                                                                          
                                                                                                                                
CO-CHAIR  JOSEPHSON reviewed  the discussion  of HB  305 [at  the                                                               
previous hearing on 2/23/18].                                                                                                   
                                                                                                                                
1:07:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LINCOLN  moved to  adopt Amendment 1,  labeled 30-                                                               
GH2583\A.1, Nauman, 2/26/18, which read:                                                                                        
                                                                                                                                
     Page 2, lines 5 - 7:                                                                                                       
          Delete all material and insert:                                                                                       
               "(1)  the release was from piping, tankage,                                                                      
     or other  equipment used solely  to provide  space heat                                                                    
     or  electrical power  generation  for  a building  used                                                                    
     primarily for  residential purposes  and that  does not                                                                    
     consist of more than four dwelling units;"                                                                                 
                                                                                                                                
REPRESENTATIVE TARR objected for discussion purposes.                                                                           
                                                                                                                                
1:08:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LINCOLN  moved to adopt Conceptual  Amendment 1 to                                                               
Amendment  1,  to delete  the  word  "space"  [on  line 4].    He                                                               
explained -  as discussed at  the previous hearing -  the purpose                                                               
of Conceptual Amendment 1 is to  allow [mixed sources of fuel] to                                                               
provide  heat to  other systems,  such as  heating water.   There                                                               
being no  objection, Conceptual  Amendment 1  to Amendment  1 was                                                               
adopted.                                                                                                                        
                                                                                                                                
REPRESENTATIVE LINCOLN  explained the purpose of  Amendment 1, as                                                               
amended,   is   to   allow  the   Department   of   Environmental                                                               
Conservation  (DEC)  discretion  to   choose  not  to  seek  cost                                                               
recovery   from  residents   who  also   have  small   commercial                                                               
operations within their homes, such  as a wood-splitting business                                                               
in the garage, or a small store in the home.                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND expressed support for Amendment 1.                                                                      
                                                                                                                                
REPRESENTATIVE LINCOLN  recognized Representative  Talerico, DEC,                                                               
and Legislative Legal Services for their work on the bill.                                                                      
                                                                                                                                
1:10:48 PM                                                                                                                    
                                                                                                                                
KRISTIN  RYAN,   Director,  Division  of  Spill   Prevention  and                                                               
Response, DEC,  informed the  committee DEC  has no  objection to                                                               
Amendment  1, [as  amended],  which is  consistent  with how  DEC                                                               
seeks to implement the proposed legislation.                                                                                    
                                                                                                                                
1:11:03 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
CO-CHAIR  JOSEPHSON   asked  if  Co-Chair  Tarr   maintained  her                                                               
objection.                                                                                                                      
                                                                                                                                
1:11:09 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  TARR removed  her objection.   There  being no  further                                                               
objection, Amendment 1, as amended, was adopted.                                                                                
                                                                                                                                
1:12:50 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  TARR  moved  to  rescind   the  committee's  action  in                                                               
adopting  [Conceptual Amendment  1 to  HB 305  at the  hearing of                                                               
2/23/18].  There being no objection, it was so ordered.                                                                         
                                                                                                                                
REPRESENTATIVE PARISH spoke  in support of the bill,  and said HB                                                               
305 would aid  individual homeowners who are dealing  with an oil                                                               
spill and  remove their apprehension  about reporting a  spill to                                                               
DEC.                                                                                                                            
                                                                                                                                
CO-CHAIR  TARR spoke  in support  of  the bill;  she pointed  out                                                               
Fiscal Note  Identifier:  DEC-SPAR-01-22-18  indicated a  loss of                                                               
$60,000 per year in revenue to  DEC, which would "have to be paid                                                               
for in another way."                                                                                                            
                                                                                                                                
1:14:59 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:14 p.m. to 1:16 p.m.                                                                       
                                                                                                                                
1:16:26 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  TARR  moved  to  report  HB 305,  as  amended,  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  305(RES)  was                                                               
reported from the House Resources Standing Committee.                                                                           
                                                                                                                                
1:16:51 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:16 p.m. to 1:20 p.m.                                                                       
                                                                                                                                
^CONFIRMATION HEARING(S):                                                                                                       
^Big Game Commercial Services Board                                                                                             
                    CONFIRMATION HEARING(S):                                                                                
               Big Game Commercial Services Board                                                                           
                                                                                                                                
1:20:05 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOSEPHSON announced  that  the next  order of  business                                                               
would  be confirmation  hearings of  appointees to  the Big  Game                                                               
Commercial Services Board (BGCSB).                                                                                              
                                                                                                                                
1:21:09 PM                                                                                                                    
                                                                                                                                
MICHELLE  HEUN, appointee,  informed the  committee she  has been                                                               
newly appointed to fill a transporter  vacancy on the BGCSB.  She                                                               
said she is  retired from state employment and  owns and operates                                                               
a small family lodge in the Talkeetna Mountains.                                                                                
                                                                                                                                
CO-CHAIR  TARR asked  whether lodge  activities qualify  Ms. Heun                                                               
for the transporter vacancy on BGCSB.                                                                                           
                                                                                                                                
MS.  HEUN said  yes, she  has been  a licensed  transporter since                                                               
June  2014,  and  thus  is  very  interested  in  the  rules  and                                                               
regulations affecting her business.                                                                                             
                                                                                                                                
CO-CHAIR TARR asked Ms. Heun  to comment on the reported tensions                                                               
between transporters and guides related to sheep hunting.                                                                       
                                                                                                                                
MS.  HEUN  said  her  personal  experience  is  that  transporter                                                               
guidelines are very  clear to follow, even though  there has been                                                               
a change in fees.                                                                                                               
                                                                                                                                
CO-CHAIR JOSEPHSON asked  for her background related  to big game                                                               
laws and regulations.                                                                                                           
                                                                                                                                
MS. HEUN  explained her family  business began in  December 1995,                                                               
and  big game  regulations require  her -  as a  lodge owner  who                                                               
rents  cabins  to   hunting  clients  -  to   become  a  licensed                                                               
transporter;  her lodge  also provides  commercial food  services                                                               
and is  licensed by the  Matanuska-Susitna Borough; she  said she                                                               
is   diligent   and   believes  problems   between   guides   and                                                               
transporters can be worked out.                                                                                                 
                                                                                                                                
CO-CHAIR JOSEPHSON, as  an aside, stated the  committee would not                                                               
be voting  for or against  confirmation of any of  the appointees                                                               
during today's hearing.                                                                                                         
                                                                                                                                
1:25:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PARISH  surmised [BGCSB]  may make  decisions that                                                               
might  benefit  Ms.  Heun's  business  financially;  however,  he                                                               
pointed out on her  [Board/Commission] application, she indicated                                                               
she has no conflict of interest.                                                                                                
                                                                                                                                
MS. HEUN said  she has no conflict of interest  because her lodge                                                               
is  "weather  driven," and  is  not  dependent upon  clients  for                                                               
revenue; her interest  in state resources is  in the preservation                                                               
of wild  game and  on ethical hunting.   Ms. Heun  said she  is a                                                               
proponent of reserving land for  future use, and restated she has                                                               
no conflict.                                                                                                                    
                                                                                                                                
REPRESENTATIVE PARISH  observed a transporter has  a professional                                                               
connection to  big game  hunters, and an  issue before  BGCSB may                                                               
have a bearing on Ms. Heun's business.                                                                                          
                                                                                                                                
MS.  HEUN agreed  for an  issue pertaining  to [Game  Management]                                                               
Unit 13,  where her  lodge is located,  she would  recuse herself                                                               
from voting;  however, she  stressed hunting  is not  her primary                                                               
source of revenue.                                                                                                              
                                                                                                                                
REPRESENTATIVE  BIRCH noted  the  position must  be  filled by  a                                                               
licensed  transporter  - so,  clearly  -  there  would not  be  a                                                               
conflict.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  JOHNSON recalled  her  personal  experience at  a                                                               
lodge  and  expressed her  confidence  in  the appointee  in  all                                                               
matters.                                                                                                                        
                                                                                                                                
1:30:30 PM                                                                                                                    
                                                                                                                                
ROBERT BEANS, appointee, informed the  committee he is a lifelong                                                               
Alaskan who brings to the  board vast expertise serving on boards                                                               
and commissions  at local, regional, state,  and national levels.                                                               
Mr. Beans  said he understands  the workings of boards  and seeks                                                               
to  serve on  the  BGCSB  to represent  private  landowners.   He                                                               
currently is a  member of the board of directors  of both Calista                                                               
Corporation and the Alaska Village  Electric Cooperative, and has                                                               
many years of past service to other organizations.                                                                              
                                                                                                                                
CO-CHAIR JOSEPHSON  questioned whether  there is a  specific seat                                                               
on BGCSB for landowners.                                                                                                        
                                                                                                                                
MR. BEANS said  yes.  In further response  to Co-Chair Josephson,                                                               
he explained  the appointee  to the  landowner seat  would ensure                                                               
the  land  is  protected  when   there  is  hunting  and  fishing                                                               
activity.                                                                                                                       
                                                                                                                                
REPRESENTATIVE DRUMMOND advised Mr. Beans  is known to her and is                                                               
well-suited for the appointment.                                                                                                
                                                                                                                                
REPRESENTATIVE PARISH recognized Mr. Beans' military service.                                                                   
                                                                                                                                
MR. BEANS,  in response to  Co-Chair Josephson, said he  lives in                                                               
Palmer.                                                                                                                         
                                                                                                                                
CO-CHAIR TARR  informed the  committee the  regulated professions                                                               
represented  on BGCSB  are:   assistant guide;  class-A assistant                                                               
guide;   master   guide-outfitter;  registered   guide-outfitter;                                                               
retired  guide-outfitter   and  transporter;  in   addition,  the                                                               
membership  includes two  licensed  registered guide  outfitters,                                                               
two licensed  transporters, two  private landholders,  two public                                                               
members, and one member from the Alaska Board of Game.                                                                          
                                                                                                                                
1:36:28 PM                                                                                                                    
                                                                                                                                
CASH JOYCE,  appointee, said  he is a  lifelong Alaskan  who owns                                                               
several businesses.   Mr. Joyce stated he is  suited to represent                                                               
Alaskans  in  an  unbiased  manner.    In  response  to  Co-Chair                                                               
Josephson,  he confirmed  he is  a licensed  transporter and  was                                                               
appointed to a transporter seat.                                                                                                
                                                                                                                                
CO-CHAIR TARR restated her question  related to reported tensions                                                               
between transporters and guides.                                                                                                
                                                                                                                                
MR. JOYCE said he does not  have a private campaign; his multiple                                                               
businesses are based upon transporting  and guiding residents and                                                               
nonresidents.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  LINCOLN  asked  whether   Mr.  Joyce  is  also  a                                                               
licensed and registered guide and outfitter.                                                                                    
                                                                                                                                
MR. JOYCE  said correct.   In further response  to Representative                                                               
Lincoln, he opined all have the  right to use the land, residents                                                               
and nonresidents.  It is in  the best interest of transporters or                                                               
tour  operators to  be unbiased  as to  whether they  are serving                                                               
residents  or  nonresidents.     He  restated  his  intention  to                                                               
represent the people.                                                                                                           
                                                                                                                                
REPRESENTATIVE  LINCOLN asked  for a  further description  of the                                                               
competing interests between transporters and guides.                                                                            
                                                                                                                                
MR. JOYCE  explained the conflict is  that transporters transport                                                               
residents and  nonresidents, depending  on species;  for example,                                                               
[to  hunt   certain]  species,   nonresidents  must   be  guided.                                                               
Conversely,  the business  of a  registered guide  is founded  on                                                               
nonresidents, thus a guide "might be a little bit biased. "                                                                     
                                                                                                                                
1:42:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PARISH,  after confirming  Mr. Joyce  owns several                                                               
businesses   affiliated  with   big  game   industries,  directed                                                               
attention to  the Board/Commission application under  Conflict of                                                               
Interest and read:                                                                                                              
                                                                                                                                
      Is it possible that you or any member of your family                                                                      
       will benefit financially by decisions made by the                                                                        
     board or commission ...?                                                                                                   
                                                                                                                                
MR. JOYCE expressed  his belief it is inherent he  may or may not                                                               
benefit  and said,  "... I'm  just a  liaison, I  don't make  the                                                               
regulations."                                                                                                                   
                                                                                                                                
CO-CHAIR  JOSEPHSON   surmised  from  Mr.  Joyce's   testimony  a                                                               
transporter serves  clients from in-  or out-of-state, and  a big                                                               
game guide might give more attention to out-of-state interests.                                                                 
                                                                                                                                
MR. JOYCE said correct.                                                                                                         
                                                                                                                                
REPRESENTATIVE  RAUSCHER  asked  how  long Mr.  Joyce  worked  in                                                               
construction.                                                                                                                   
                                                                                                                                
MR. JOYCE  said he is not  bound by one occupation,  but works in                                                               
different  occupations, and  has no  conflicts of  interest.   In                                                               
further  response to  Representative Rauscher,  he said  he works                                                               
every day at one business or another.                                                                                           
                                                                                                                                
REPRESENTATIVE   TALERICO   questioned    whether   Mr.   Joyce's                                                               
experience   with  licensed   guide   and  licensed   transporter                                                               
examinations   would    be   beneficial,   should    BGCSB   make                                                               
recommendations  for  changes  to  improve  the  examination  and                                                               
licensing system.                                                                                                               
                                                                                                                                
MR. JOYCE indicated yes.                                                                                                        
                                                                                                                                
REPRESENTATIVE JOHNSON  inquired as  to the  different viewpoints                                                               
held by a transporter and a licensed-registered guide.                                                                          
                                                                                                                                
1:47:03 PM                                                                                                                    
                                                                                                                                
MR. JOYCE  said his wife and  he have an air  service that serves                                                               
not only hunters,  but other air taxi clients;  although he wants                                                               
all  three of  his businesses  to thrive,  he would  separate his                                                               
interest to prevent any bias of one over the other.                                                                             
                                                                                                                                
REPRESENTATIVE JOHNSON  asked how many clients  are provided only                                                               
transport  compared  with those  who  are  also provided  guiding                                                               
services.                                                                                                                       
                                                                                                                                
MR. JOYCE  estimated transporting  is a  smaller portion  [of his                                                               
businesses],  and  the  air  taxi business  is  growing;  in  the                                                               
future, he expects  the air taxi and  transporting percentages to                                                               
remain higher than that of guiding.                                                                                             
                                                                                                                                
CO-CHAIR  JOSEPHSON  opined  the  [Board/Commission  application]                                                               
conflict of  interest questions are  difficult to answer  - under                                                               
some circumstances, a conflict of  interest would occur - and the                                                               
questions may be misread.                                                                                                       
                                                                                                                                
REPRESENTATIVE  PARISH  asked  Mr.  Joyce whether  the  right  to                                                               
harvest game should be dependent upon residency status.                                                                         
                                                                                                                                
MR. JOYCE said  no; he stated ADFG is the  governing body in this                                                               
matter.                                                                                                                         
                                                                                                                                
1:52:25 PM                                                                                                                    
                                                                                                                                
ADAM TROMBLEY,  appointee, informed  the committee he  is seeking                                                               
reappointment to BGCSB  and is a lifelong Alaskan.   Mr. Trombley                                                               
said  he has  been involved  in public  service for  the last  10                                                               
years, and is now vice chair of BGCSB.                                                                                          
                                                                                                                                
REPRESENTATIVE  PARISH  direction  attention  to  Mr.  Trombley's                                                               
professional experience with [Nalco Champion].                                                                                  
                                                                                                                                
MR.  TROMBLEY explained  Nalco Champion  is a  specialty chemical                                                               
provider to the oil industry.                                                                                                   
                                                                                                                                
REPRESENTATIVE  DRUMMOND inquired  as to  what seat  Mr. Trombley                                                               
seeks.                                                                                                                          
                                                                                                                                
MR. TROMBLEY said a public member seat.                                                                                         
                                                                                                                                
1:54:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   PARISH  asked   for   Mr.  Trombley's   personal                                                               
experience related to big game, and as a member of the board.                                                                   
                                                                                                                                
MR. TROMBLEY said  he is a hunter with no  experience as a guide.                                                               
During  the past  year, BGCSB  has reviewed  proposed legislation                                                               
and he  has enjoyed  interacting with the  industry.   He related                                                               
when people violate rules,  the industry intervenes appropriately                                                               
and BGCSB validates consent agreements  to ensure the industry is                                                               
viewed as impartial by the public.                                                                                              
                                                                                                                                
1:56:22 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON opened public testimony.                                                                                     
                                                                                                                                
1:56:51 PM                                                                                                                    
                                                                                                                                
SAM ROHRER,  President, Alaska Professional  Hunters Association,                                                               
informed  the committee  Mr. Joyce  is respected  in the  hunting                                                               
industry  and  is  knowledgeable  and experienced.    The  Alaska                                                               
Professional Hunters Association  also supports the reappointment                                                               
of  Mr. Trombley,  because Mr.  Trombley previously  served as  a                                                               
public member  and understands the  issues affecting  the guiding                                                               
and transporting  industries.  Mr.  Rohrer urged for  their names                                                               
to be forwarded for confirmation by the legislature.                                                                            
                                                                                                                                
1:58:36 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOSEPHSON, after  ascertaining  no one  else wished  to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
1:59:07 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  TARR said  the House  Resources Standing  Committee has                                                               
reviewed the  qualifications of the governor's  appointees to the                                                               
Big Game Commercial Services Board  and recommends their names be                                                               
forwarded  to  a  joint  session  of the  House  and  Senate  for                                                               
consideration.   She  reminded members  that signing  the reports                                                               
regarding  appointments  to  boards  and commissions  in  no  way                                                               
reflects  individual  members'  approval or  disapproval  of  the                                                               
appointee, and that  the nominations are merely  forwarded to the                                                               
full legislature for confirmation or rejection.                                                                                 
                                                                                                                                
[CO-CHAIR  TARR moved  to advance  the confirmations  of Michelle                                                               
Heun, Cash Joyce, Robert Beans,  and Adam Trombley, appointees to                                                               
the Big  Game Commercial  Services Board, to  a joint  session of                                                               
the  House  and  Senate  for   consideration.    There  being  no                                                               
objection, the confirmations were advanced.]                                                                                    
                                                                                                                                
[Objection by  Representative Parish  was ruled  out of  order by                                                               
Co-Chair Josephson.]                                                                                                            
                                                                                                                                
REPRESENTATIVE  PARISH questioned  the  appointees' responses  to                                                               
the conflict  of interest  section of  the application,  as there                                                               
inevitably could be  some conflicts of interest  that should have                                                               
been acknowledged and explained by the appointees.                                                                              
                                                                                                                                
CO-CHAIR  JOSEPHSON suggested  the  fault is  in the  application                                                               
form.                                                                                                                           
                                                                                                                                
REPRESENTATIVE PARISH  urged the appointees to  provide corrected                                                               
applications.                                                                                                                   
                                                                                                                                
2:02:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH  opined the  fact is boards  and commissions                                                               
are filled by those  who make a living - and  have expertise - in                                                               
the businesses  at hand.   He spoke  in support of  advancing the                                                               
appointees' names for consideration.                                                                                            
                                                                                                                                
2:04:05 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON announced the names were advanced.                                                                           
                                                                                                                                
The committee took an at-ease from 2:04 p.m. to 2:08 p.m.                                                                       
                                                                                                                                
        HB 367-NATIVE CORP. LIABILITY FOR CONTAMINATION                                                                     
                                                                                                                                
2:08:37 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOSEPHSON announced  that the  final order  of business                                                               
would be  HOUSE BILL NO. 367,  "An Act relating to  the liability                                                               
of a Native corporation for  the release or threatened release of                                                               
hazardous substances present on certain lands."                                                                                 
                                                                                                                                
2:08:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CHARISSE MILLETT, sponsor,  explained HB 367 would                                                               
remove  from Alaska  Native corporations  the liability  for land                                                               
conveyed  to  them under  the  provisions  of the  Alaska  Native                                                               
Claims Settlement Act (ANCSA).   In 1971, nearly 44 million acres                                                               
of land began  being conveyed to 12 Native  corporations; much of                                                               
the selected lands were in  proximity to Tribal and village land.                                                               
As  an aside,  Representative Millett  disclosed she  is a  Doyon                                                               
Limited  shareholder.   She returned  to the  bill and  explained                                                               
subsequent to conveyance, it was found  some of the land had been                                                               
contaminated, much  of it  during the '50s,  '60s, and  '70s when                                                               
military scientific research and  government nuclear testing were                                                               
conducted  in   Alaska.     Further,  radar   installations  were                                                               
established throughout the state prior  to regulation by the U.S.                                                               
Environmental  Protection  Agency  (EPA) and  the  Department  of                                                               
Environmental  Conservation (DEC).   As  the Native  corporations                                                               
sought to develop their lands,  the contamination was identified.                                                               
Representative  Millett  said  HB  367 directs  if  the  conveyed                                                               
(contaminated)  land   was  not   contaminated  by   the  present                                                               
landowner, but by the federal  government, the Native corporation                                                               
would  be held  harmless.   She reminded  the committee  the same                                                               
issue was raised  by previous legislation [HJR 29,  passed in the                                                               
Twenty-Seventh Alaska State Legislature and  HJR 6, passed in the                                                               
Twenty-Eight  Alaska State  Legislature]  related  to 137  legacy                                                               
wells,  which  were  contaminated   by  military  and\or  private                                                               
testing;  in  the   case  of  the  legacy   wells,  "the  federal                                                               
government  now has  been, taken  ownership of  the contamination                                                               
and now has  cleaned them up ... [except] for  23."  Although all                                                               
seek  to  clean  up  the   lands,  she  said  the  Alaska  Native                                                               
corporations  should not  suffer;  in fact,  a small  corporation                                                               
would be depleted  if held liable for the cost  of complying with                                                               
state  and  federal  regulations.   She  concluded  ANCSA  was  a                                                               
wonderful idea, however, now that  the lands are conveyed, Native                                                               
corporations are  not able  to assume the  ownership of  the land                                                               
and the liability for its restoration.                                                                                          
                                                                                                                                
2:14:01 PM                                                                                                                    
                                                                                                                                
HANS  RODVIK,  Staff,  Representative  Charisse  Millett,  Alaska                                                               
State Legislature,  on behalf of Representative  Millett, sponsor                                                               
of HB  367, paraphrased  from the  sectional analysis  as follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Section   1:  Amends   AS  46.03.822(a)   to  reference                                                                    
     creation of new subsection N                                                                                               
                                                                                                                                
     Section 2:  Amends AS 46.03.822(m), by  including a new                                                                    
     definition of  Native corporation,  as given  in Unites                                                                    
     States federal law                                                                                                         
                                                                                                                                
     Section 3: Adds  a new subsection (subsection  N) to AS                                                                    
     46.03.822,  which  removes Alaska  Native  corporations                                                                    
     from  liability  from  damages   or  costs  related  to                                                                    
     release or  threatened release of  hazardous substances                                                                    
     on their  land, if  that land was  already contaminated                                                                    
     when  it  was  transferred  to them  under  the  Alaska                                                                    
     Native Claims Settlement Act (ANSCA)                                                                                       
                                                                                                                                
     Section  4: Repeals  AS 46.03.822(c)(3),  which was  an                                                                    
     insufficient  attempt  at   properly  absolving  Alaska                                                                    
     Native corporations from liability  to damages or costs                                                                    
     concerning  contaminated  lands they  were  transferred                                                                    
     under ANSCA                                                                                                                
                                                                                                                                
CO-CHAIR JOSEPHSON asked whether there  is a legal distinction if                                                               
a Native corporation selected lands  after December 1971, knowing                                                               
the land was contaminated.                                                                                                      
                                                                                                                                
REPRESENTATIVE MILLETT  advised at  the time of  conveyance, many                                                               
Native corporations  relied on Bureau  of Land  Management (BLM),                                                               
U.S.  Department of  the  Interior (DOI),  surveys  that did  not                                                               
reveal  contamination.   The  contamination of  lands  yet to  be                                                               
conveyed  was   discovered  in  the   '90s,  thus  some   of  the                                                               
conveyances  are  "on  hold," pending  an  understanding  of  the                                                               
liability issues.                                                                                                               
                                                                                                                                
CO-CHAIR  JOSEPHSON  questioned whether  HB  367  would apply  to                                                               
spills  not  by  the  federal  government, such  as  those  by  a                                                               
contractor.                                                                                                                     
                                                                                                                                
REPRESENTATIVE   MILLETT   said   the   bill   relates   to   any                                                               
contamination of the land, and  provided examples of contaminants                                                               
found.                                                                                                                          
                                                                                                                                
MR.  RODVIT  added the  [former]  landowner  responsible for  the                                                               
largest  number  of  sites  -  over  162  sites  -  is  the  U.S.                                                               
Department of  Defense (DoD), a  fact which was confirmed  by DEC                                                               
in 2015.                                                                                                                        
                                                                                                                                
CO-CHAIR  JOSEPHSON  asked  for  the role  of  Congress  in  this                                                               
matter.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  MILLETT   reminded  the  committee   through  the                                                               
aforementioned  legacy well  legislation,  Alaska asked  Congress                                                               
for recognition of  the issue and for  restoration funding, which                                                               
was partially  accomplished by U.S.  Senator Lisa Murkowski  by a                                                               
$50 million rider attached to  the [Fiscal year 2017 Interior and                                                               
Environment  Appropriations  Bill].    Although  more  funds  are                                                               
needed,   Native  corporations   continue  to   petition  federal                                                               
agencies for [remediation funding].                                                                                             
                                                                                                                                
2:20:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH  asked whether  there  is  a potential  for                                                               
Native corporations to return or  exchange lands that have a high                                                               
level  of contamination,  through the  "over-selection" provision                                                               
of ANCSA.                                                                                                                       
                                                                                                                                
REPRESENTATIVE MILLETT advised some  transfers have been stopped;                                                               
she  acknowledged  there was  a  large  amount of  over-selection                                                               
[land]  for some  of these  same reasons.   She  deferred to  Mr.                                                               
Rodvit.                                                                                                                         
                                                                                                                                
MR.  RODVIT   was  unsure   whether  corporations   could  return                                                               
contaminated land; federal "land swaps"  with the state do occur,                                                               
although  he did  not  know  what terms  would  be acceptable  to                                                               
Native corporations.                                                                                                            
                                                                                                                                
REPRESENTATIVE  JOHNSON recalled  this issue  has been  discussed                                                               
around the state; in fact,  near Nome there is radioactive waste.                                                               
She encouraged  Representative Millett to add  support from local                                                               
governments to the bill.                                                                                                        
                                                                                                                                
REPRESENTATIVE  MILLETT agreed  to  continue  seeking letters  of                                                               
support;  she  stated  the  potential  financial  impact  to  the                                                               
Kuskokwim   Corporation   -  if   it   were   forced  to   assume                                                               
responsibility  for   cleaning  up   contamination  -   after  it                                                               
"received the land in good faith."                                                                                              
                                                                                                                                
2:24:17 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON directed attention  to a document, included in                                                               
the  committee  packet, provided  by  the  Alaska Native  Village                                                               
Corporation  Association  entitled,   "ANCSA  CONTAMINATED  LAND"                                                               
dated September  2016, and a  document provided by  DEC entitled,                                                               
"Brownfields  Resources  for  ANCSA  Contaminated  Lands,"  dated                                                               
10/16/16.                                                                                                                       
                                                                                                                                
REPRESENTATIVE JOHNSON expressed her support for the bill.                                                                      
                                                                                                                                
2:25:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LINCOLN said  the ultimate remedy is  to correct a                                                               
historical   injustice  against   -   not   just  Alaska   Native                                                               
corporations  (ANCs) -  but against  everyone in  the state.   He                                                               
urged   for  a   unified  approach   from  all   Alaskans,  state                                                               
government, ANCs,  and village corporations  to advocate  for the                                                               
bill  in one  voice.   He  restated liability  is an  existential                                                               
threat to ANCs and prevents  accurate reporting of known sites to                                                               
DEC.   Representative Lincoln directed  attention to  DEC's first                                                               
three  recommendations  for action:    establish  an exchange  of                                                               
information between  ANCSA landowners and federal,  state, local,                                                               
and  Tribal agencies;  compile  a  coordinated and  comprehensive                                                               
inventory of contaminated  sites, as directed by HB  367; work at                                                               
the federal level.                                                                                                              
                                                                                                                                
REPRESENTATIVE  MILLETT  acknowledged  not all  the  contaminated                                                               
land  in Alaska  is owned  by Native  corporations; her  research                                                               
revealed  beginning in  the  '30s, '40s,  and  '50s military  and                                                               
scientific testing  occurred on  what was  considered inhabitable                                                               
land,  especially  from  the Alaska  Peninsula  to  the  Aleutian                                                               
Islands.   Further,  discussion of  the situation  in Alaska  has                                                               
raised  awareness of  testing in  other Western  states, although                                                               
not to be  compared to the testing that was  done in Alaska prior                                                               
to  statehood.   She  further  agreed  that  a unified  voice  is                                                               
important  and  that  in  order for  Native  corporations  to  be                                                               
successful, they must be able to develop their assets.                                                                          
                                                                                                                                
REPRESENTATIVE RAUSCHER asked whether  the lands in question have                                                               
to be "preidentified."                                                                                                          
                                                                                                                                
REPRESENTATIVE  MILLETT explained  HB  367  affects conveyed  and                                                               
selected lands which  are proven to have  been contaminated prior                                                               
to their transfer  to a Native corporation.  However,  due to the                                                               
fear of liability,  some lands have not  been completely surveyed                                                               
and  some  lands  are  very  remote.     In  fact,  oil  and  gas                                                               
exploration   in   remote   areas  has   uncovered   barrels   of                                                               
contaminated waste.                                                                                                             
                                                                                                                                
REPRESENTATIVE  JOHNSON  inquired  as   to  how  many  ANCs  have                                                               
attempted to address environmental assessments of their lands.                                                                  
                                                                                                                                
REPRESENTATIVE  MILLETT   said  land   is  owned  by   12  Native                                                               
Corporations, Tribal corporations,  and village corporations, and                                                               
over 1,000  sites have been  identified, with varying  degrees of                                                               
contamination.    Cleanup  costs  could range  from  hundreds  of                                                               
thousands of  dollars to many  millions of dollars;  for example,                                                               
remediation of one legacy well has  cost over tens of millions of                                                               
dollars.                                                                                                                        
                                                                                                                                
2:32:59 PM                                                                                                                    
                                                                                                                                
MR. RODVIT advised more  information on environmental assessments                                                               
is forthcoming at a later hearing.                                                                                              
                                                                                                                                
REPRESENTATIVE MILLETT  pointed out DOI  is aware of  the problem                                                               
and commissioned  a report in  1998 that contained  action items,                                                               
and  which  was  updated  in  2016;  however,  although  DOI  has                                                               
accepted  responsibility,  work  is   needed  to  obtain  federal                                                               
funding and begin restoration.                                                                                                  
                                                                                                                                
REPRESENTATIVE JOHNSON  asked - subsequent  to the passage  of HB                                                               
367  - what  the  procedure to  approach  the federal  government                                                               
would be.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  MILLETT explained,  in  a manner  similar to  the                                                               
legacy well legislation,  she would work in  partnership with the                                                               
Alaska  congressional  delegation  and  with  likeminded  states.                                                               
Unlike ANCSA  lands, responsible parties  for some of  the legacy                                                               
wells were unknown.                                                                                                             
                                                                                                                                
2:36:43 PM                                                                                                                    
                                                                                                                                
CURTIS MCQUEEN,  Chief Executive Officer, Eklutna  Inc., informed                                                               
the  committee  Eklutna  Inc.  represents  the  first  aboriginal                                                               
people of  Anchorage and the  Eklutna Dena'ina of  the Matanuska-                                                               
Susitna Borough (Mat-Su Borough).   He expressed his appreciation                                                               
of  lawmakers'  support.   Mr.  McQueen  said Eklutna  relied  on                                                               
information  it received  prior to  1971  when it  made its  land                                                               
selections; in  fact, because many of  Eklutna's aboriginal lands                                                               
were  already  developed, Eklutna  is  still  in the  process  of                                                               
receiving its land.   In the village of  Eklutna, the corporation                                                               
is  in the  process  of  removing a  hydroelectric  dam from  the                                                               
Eklutna River and  restoring salmon habitat.  He  said Eklutna is                                                               
very pro-development and is supportive  of the military, although                                                               
one of its contaminated sites is  Camp Mohawk, which was a mobile                                                               
[military] camp behind the Eklutna  school between Cook Inlet and                                                               
the  village.   The Tribal  government of  Eklutna has  worked to                                                               
clean  up  surface  contamination   from  Camp  Mohawk;  however,                                                               
polychlorinated biphenyl (PCB) and  diesel fuel have leached into                                                               
the silt bed and are reaching  the mouth of the Eklutna River and                                                               
Cook Inlet.   He said this threatens previous work  that has been                                                               
done to restore  king salmon in north Cook Inlet.   Eklutna seeks                                                               
balance,  and partners  with  the Alaska  military;  part of  its                                                               
ANCSA  land  selection  includes   17,000  acres  of  Joint  Base                                                               
Elmendorf-Richardson  (JBER).     In   response  to   an  earlier                                                               
question,  he  said  the  lead agency  seeking  to  identify  and                                                               
address the cleanup  of contaminated lands in Alaska  is the U.S.                                                               
Army  Corps of  Engineers (USACE),  which successfully  cleans up                                                               
sites when funded.   As a Formerly Used Defense  Site (FUD site),                                                               
Eklutna is now  five years into research of the  site, and a plan                                                               
for cleanup  should be complete within  two more years.   He said                                                               
the cleanup cost  predictions are "well into  the millions, maybe                                                               
tens of  millions, just to clean  up our site, alone."   He noted                                                               
the  Alaska  congressional  delegation continues  to  search  for                                                               
future funding for USACE, and he  urged for a joint resolution in                                                               
support of all  of the federal agencies that  are responsible for                                                               
restoration.   Further, he  advised Eklutna  has sites  that were                                                               
not  contaminated by  the military,  such as  land in  the Mat-Su                                                               
Borough  that was  contaminated by  railroad construction  in the                                                               
'30s  and '40s,  and  was  cleaned up  by  the  joint efforts  of                                                               
Eklutna,   the  borough,   and   the  state.     From   Eklutna's                                                               
perspective, DEC  has not forced village  corporations to restore                                                               
their land,  which would bankrupt  many of the 179  small village                                                               
corporations; however, he cautioned  this policy could be altered                                                               
after a change of administration,  and HB 367 would protect ANCSA                                                               
landowners as  they search  for funding.   Mr.  McQueen concluded                                                               
the  current federal  administration,  the state  administration,                                                               
village corporations,  and ANCs  are pro-development, but  at the                                                               
same time need to address contaminated lands.                                                                                   
                                                                                                                                
2:43:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BIRCH  directed attention  to a  document provided                                                               
in  the   committee  packet  entitled,  "Alaska   Native  Village                                                               
Corporation Association  House Resources Committee," on  the page                                                               
entitled,  "2018  State  Priorities," and  praised  priority  "4.                                                               
Support  the Stand  For  Alaska [campaign]."    He then  directed                                                               
attention  to  the  page   entitled,  "2018  Federal  Legislative                                                               
Priorities,"  priority "5.   Swap  ANCSA contaminated  lands with                                                               
federal  government,"  and  asked whether  swapping  contaminated                                                               
land with the federal government is a realistic option.                                                                         
                                                                                                                                
MR. MCQUEEN  expressed his belief  ANCs and  village corporations                                                               
do not  have the  aforementioned option;  he pointed  out Eklutna                                                               
has been  waiting for 45 years  for its 67,000 acres  in the Knik                                                               
River watershed  - although some land  may be conveyed by  2019 -                                                               
that is  clean and beautiful  land.  He explained  the conveyance                                                               
process is slowed  by many interest groups,  bureaucracy, and the                                                               
lack of  land; however, Eklutna  would be interested  in swapping                                                               
land.                                                                                                                           
                                                                                                                                
REPRESENTATIVE PARISH  asked whether  the aforementioned  land in                                                               
JBER has been granted to Eklutna.                                                                                               
                                                                                                                                
MR.  MCQUEEN explained  Eklutna is  part of  the North  Anchorage                                                               
Land  Agreement and  is owed  approximately  17,000 acres  within                                                               
JBER,  and the  Municipality of  Anchorage is  owed approximately                                                               
15,000 acres.   In the '80s,  parties agreed not to  pursue legal                                                               
action; recently, he  recalled, "part of JBER  might have shrunk,                                                               
by  the  army  shrinking  the base,"  thus  the  shareholders  of                                                               
Eklutna view  the JBER land  as a  future conveyance, and  do not                                                               
seek  JBER  land at  this  time  due  to  its importance  to  the                                                               
military.                                                                                                                       
                                                                                                                                
REPRESENTATIVE PARISH  directed attention  to the  bill beginning                                                               
on page 2, line 27, and continuing to page 3, line 1 which read:                                                                
                                                                                                                                
     (n)   In  an  action  to recover  damages  or costs,  a                                                                    
     Native corporation otherwise  liable under this section                                                                    
     is relieved  from liability under  this section  if the                                                                    
     Native   corporation  proves   that   the  release   or                                                                    
     threatened release of the  hazardous substance to which                                                                    
     the  damages relate  occurred on  land  granted to  the                                                                    
     Native  corporation under  43  30 U.S.C.  1601 et  seq.                                                                    
     (Alaska   Native  Claims   Settlement   Act)  and   the                                                                    
     hazardous  substance was  present  on the  land at  the                                                                    
     time the land was granted.                                                                                                 
                                                                                                                                
REPRESENTATIVE  PARISH  gave  an   example  of  a  serious  spill                                                               
occurring  tomorrow  on  Eklutna's  acreage  at  JBER  and  asked                                                               
whether Eklutna would be held liable.                                                                                           
                                                                                                                                
MR. MCQUEEN  said the North  Anchorage Land  Agreement identifies                                                               
Eklutna  land as  a  section  located near  Eagle  River and  the                                                               
Anchorage   landfill,   which   may  be   received   by   Eklutna                                                               
incrementally, - as the base shrinks  - and was conveyed in 1971.                                                               
Eklutna is not  aware of any present  contamination, thus Eklutna                                                               
will not know the condition of the land "until we get it."                                                                      
                                                                                                                                
2:50:50 PM                                                                                                                    
                                                                                                                                
HALLIE  BISSETT,   Executive  Director,  Alaska   Native  Village                                                               
Corporation  Association (ANVCA),  informed  the committee  ANVCA                                                               
members  represent about  176  village  corporations that  reside                                                               
within  12 land-based  regional  Native  corporations created  by                                                               
ANCSA.   Since  2012,  ANVCA has  been working  on  the issue  of                                                               
contaminated  lands,   and  she   acknowledged  the   support  of                                                               
Representative Millett and  others.  She pointed out HB  367 is a                                                               
real  solution  that  would   shield  village  corporations  from                                                               
liability,  so  they may  continue  to  gather the  inventory  of                                                               
contaminated  sites   in  Alaska,   which  has   heretofore  been                                                               
prevented due  to the  state's ability  to assign  liability when                                                               
contaminated sites  are reported  by villages.   In  addition, HB                                                               
367 would  allow village corporations  - once they are  free from                                                               
legal  designation  as  the  responsible party  -  to  apply  for                                                               
additional funds at the federal  level for cleanup, such as those                                                               
from the Brownsfields  Grant Program.  In response  to an earlier                                                               
question, she said ANVCA seeks  to return land to productive use,                                                               
and to provide  technical training to villagers  for jobs related                                                               
to environmental  restoration work:   HB  367 would  provide many                                                               
benefits to rural  Alaska.  In response  to Representative Birch,                                                               
she noted  one of  ANVCA's priorities  is to  swap land  with the                                                               
federal  government in  the  future, which  is  not currently  an                                                               
option.   Further,  ANVCA will  continue  to seek  appropriations                                                               
from the  federal government, and  guidance from  the legislature                                                               
and DEC.   She acknowledged past state support  for related joint                                                               
resolutions, and legislators' present swift response to HB 367.                                                                 
                                                                                                                                
2:55:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON  questioned whether Congress needs  to pass an                                                               
amendment   to    the   Comprehensive    Environmental   Response                                                               
Compensation, and Liability Act (CERCLA).                                                                                       
                                                                                                                                
MS. BISSETT said  yes.  U.S. Senator Dan  Sullivan's amendment to                                                               
CERCLA  was adopted  in the  U.S. Senate  version; unfortunately,                                                               
the  U.S. House  bill passed  without the  desired language  that                                                               
provides a shield from liability.                                                                                               
                                                                                                                                
REPRESENTATIVE LINCOLN asked whether  ANVCA would be eligible for                                                               
additional funding  subsequent to  the passage of  HB 367,  or if                                                               
federal action is needed.                                                                                                       
                                                                                                                                
MS.  BISSETT  said  both  the  state  and  federal  shields  from                                                               
liability are needed.                                                                                                           
                                                                                                                                
[HB 367 was held over.]                                                                                                         
                                                                                                                                
2:58:32 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Resources Standing Committee meeting was adjourned at 2:58 p.m.                                                                 

Document Name Date/Time Subjects
Robert Beans 2018_Redacted.pdf HRES 2/26/2018 1:00:00 PM
Big Game Commercial Services Board Confirmations
Michelle Heun 2017_Redacted.pdf HRES 2/26/2018 1:00:00 PM
Big Game Commercial Services Board Confirmations
Cash Joyce_Redacted.pdf HRES 2/26/2018 1:00:00 PM
Big Game Commercial Services Board Confirmations
Adam Trombley 2017_Redacted.pdf HRES 2/26/2018 1:00:00 PM
Big Game Commercial Services Board Confirmations
HB305 Transmittal Letter 1.25.2018.pdf HRES 2/9/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HRES 2/26/2018 1:00:00 PM
HB 305
HB305 ver A 1.25.2018.pdf HRES 2/9/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HRES 2/26/2018 1:00:00 PM
HB 305
HB305 Sectional Analysis ver A 1.25.2018.pdf HRES 2/9/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HRES 2/26/2018 1:00:00 PM
HB 305
HB305 Fiscal Note DEC-SPAR 1.25.2018.pdf HRES 2/9/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HRES 2/26/2018 1:00:00 PM
HB 305
HB305 Supporting Document - Fact Sheet 1.25.2018.pdf HRES 2/9/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HRES 2/26/2018 1:00:00 PM
HB 305
HB 367 Fiscal Note.pdf HRES 2/26/2018 1:00:00 PM
HRES 2/28/2018 6:00:00 PM
HB 367
HRES ANVCA Contaminated Lands Presentation 2.12.18.pdf HRES 2/26/2018 1:00:00 PM
HRES 2/28/2018 6:00:00 PM
HB 367
House Bill 367 Sectional Analysis.pdf HRES 2/26/2018 1:00:00 PM
HRES 2/28/2018 6:00:00 PM
HB 367
House Bill 367 Sponsor Statement.pdf HRES 2/26/2018 1:00:00 PM
HRES 2/28/2018 6:00:00 PM
HB 367
House Bill 367 Supporting Docs 2016 Report to Congress ANSCA Contaminated Lands.pdf HRES 2/26/2018 1:00:00 PM
HRES 2/28/2018 6:00:00 PM
HB 367
House Bill 367 Supporting Docs ANCSA-CONTAMINATED-LAND_Congress.pdf HRES 2/26/2018 1:00:00 PM
HRES 2/28/2018 6:00:00 PM
HB 367
House Bill 367 Supporting Docs October 2016 ATCEM ANCSA.pdf HRES 2/26/2018 1:00:00 PM
HRES 2/28/2018 6:00:00 PM
HB 367
House Bill 367 V. A.PDF HRES 2/26/2018 1:00:00 PM
HRES 2/28/2018 6:00:00 PM
HB 367
House Bill 367 Supporting Docs 1998 Report to Congress ANSCA Contaminated Lands.pdf HRES 2/26/2018 1:00:00 PM
HRES 2/28/2018 6:00:00 PM
HB 367
HB367 Supporting Documents - Contaminated_Lands_Inventory_of_ANCSA_Conveyed_Lands.pdf HRES 2/26/2018 1:00:00 PM
HRES 2/28/2018 6:00:00 PM
HB 367
Amendment 1, Rep. Lincoln.pdf HRES 2/26/2018 1:00:00 PM