Legislature(1995 - 1996)
02/22/1995 01:35 PM House TRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE TRANSPORTATION STANDING COMMITTEE
February 22, 1995
1:35 p.m.
MEMBERS PRESENT
Representative Beverly Masek, Vice Chairwoman
Representative Jerry Sanders
Representative Jeannette James
Representative Eileen MacLean
Representative Bill Williams
MEMBERS ABSENT
Representative Gary Davis, Chairman
Representative Tom Brice
COMMITTEE CALENDAR
* HB 41: "An Act repealing the prohibition against applications
for a right-of-way across, and the prohibition against
the exercise of eminent domain in, the western (Kobuk
River) unit of the Gates of the Arctic National
Preserve."
HEARD AND HELD
(* First public hearing)
WITNESS REGISTER
None
PREVIOUS ACTION
BILL: HB 41
SHORT TITLE: GATES OF THE ARCTIC NAT PRESERVE RR ROW
SPONSOR(S): REPRESENTATIVE(S) JAMES
JRN-DATE JRN-PG ACTION
01/06/95 31 (H) PREFILE RELEASED
01/16/95 31 (H) READ THE FIRST TIME - REFERRAL(S)
01/16/95 31 (H) TRA, STA, RES
02/22/95 (H) TRA AT 01:30 PM CAPITOL 17
TAPE 95-5, SIDE A
Number 000
The House Transportation Committee was called to order by Vice
Chair Beverly Masek at 1:35 p.m. Members present at the call to
order were Representatives Masek, Williams, James, Sanders, and
MacLean.
HB 41 - GATES OF THE ARCTIC NAT PRESERVE RR ROW
VICE CHAIR BEVERLY MASEK announced the hearing of HB 41. She asked
for testimony from the sponsor, Representative Jeannette James.
REPRESENTATIVE JEANNETTE JAMES, sponsor of the measure, explained
she filed HB 41 with intentions of lifting the restrictions imposed
on the Gates of the Arctic National Preserve and not because of
intentional opening of the area. She stated that she wanted to
remove existing barriers inhibiting access to the wealth and
resources in the areas of concern. Representative James said, the
state owned railroad as defined under 45USC. 12.02, may not apply
for a right-of-way across or exercise eminent domain. She
indicated it was her belief a loophole existed within the existing
law. She indicated that currently there is legislation for the
sale of the Alaska Railroad and that this would not preclude the
construction of a Railroad. She felt the intentions of the
prohibition were of good cause at the time. Representative James
explained that while we are trying to access all of the resources
in the state, she believes that we need to be sure that we have all
of the opportunities available. Representative James indicated
that she encouraged opportunities that would be the least offensive
and the most effective access to our resources. She explained that
when an area is made off-limits, there is a loss of efficiency,
effectiveness and less offensive methods. She pointed out that,
within the bill packet, there was a page out of the Federal
Register 45 USC. 12.02, stating Congress finds there is a need for
access for surface transportation purposes across the Western Kobuk
River Unit of the Gates of Arctic National Preserve from the Ambler
Mining District to the Alaska Pipeline Haul Road; the secretary
shall permit such access in accordance with the provisions of the
subsection. She indicated that with this USC reference, the
federal government recognizes the need for access across the
preserve. She stated the intentions of HB 41 did not omit normal
decision making and public opinion in determining a right-of-way
area through the Gates of the Arctic National Preserve. She
explained that HB 41 does not suggest the development of access
would ever occur. She emphasized that HB 41 was designed only for
the removal of the prohibition in the event of accessing the area.
REPRESENTATIVE JAMES explained that last year, she sponsored a bill
for the authorization of the delineation of a corridor from
Fairbanks to the Seward Peninsula for purposes of the possibility
of a transcontinental railroad. Representative James indicated
that although development possibilities were probably years away,
this coming September, the Interhemispheric Bering Straits Tunnel
and Railroad Group will have the third conference on the Bearing
Straits Tunnel in London. Representative James remarked that there
was world-wide interest in the Bearing Straits Tunnel project and
Alaska possessed the only location where the connection of North
America and Eastern Europe was possible by rail. She noted that
technical studies have been accomplished and the project was
determined to be technically feasible. However, the financial and
political aspects of this project have yet to be determined. She
stressed the economic importance of a transcontinental rail system
to both Russia and Alaska. She stressed the importance to the
people of Alaska regarding the long term financing ability to take
care of the needs of Alaska's citizens. She emphasized the revenue
that would be collected from this transportation corridor and how
it would take care of all the physical and social needs of the
people in Alaska, with very little interference to their lives
adding that the localities on the railroad routes could elect not
to have the train stop in their area. She stated regardless of
access to the resources in Alaska, Alaskans will continue to be
faced with the lack of funds to meet the Railroad's objectives in
the state.
REPRESENTATIVE JAMES reiterated that to the best of her knowledge
there were no right-of-ways that have been identified. She
mentioned that the necessity for this particular access may never
become an issue, but emphasized there should be no prohibition
within the area.
Number 140
VICE CHAIR MASEK indicated that there was no one to testify via
teleconference but asked if anyone from the audience wanted to
testify on HB 41.
Number 147
REPRESENTATIVE EILEEN MACLEAN indicated that she opposed HB 41
because this area was part of her district and Northwest Alaska
would be in opposition to development in this area. Representative
MacLean suggested a more feasible route via the North Slope and
indicated there would be no opposition to a railroad accessing the
North Slope because of the quantities of the coal, gas and oil
resources available in this area. Representative MacLean stated
that Representative James's suggested route through Gates of the
Arctic National Preserve in the Kobuk River District has been
closed because of the nature of the environment. She reiterated
her opposition to HB 41.
REPRESENTATIVE JAMES referred to a map on the wall, with an outline
of the Gates of the Arctic National Preserve. She commented on the
massive amount of oil, coal and minerals within this area. She
pointed out that there was Arctic Slope coal off the Chukchi Sea
that former Governor Sheffield had occasionally mentioned in the
past. Representative James indicated to the south, there is the Red
Dog Mine. Representative James commented on the abundance of
minerals within the Gates of the Arctic National Preserve and the
lack of accessibility to this area. She emphasized the uncertainty
of the need to access this area but stressed the importance of
removing hurdles to gain access in this area. Representative James
stated that she understood Representative MacLean's position and
concern on HB 41.
Number 185
REPRESENTATIVE BILL WILLIAMS commented that he understood the
positions taken by the other committee members. He mentioned that
he does not see anyone from the industry knocking on the door with
regards to the urgency in creating access within the Gates of the
Arctic National Preserve. Representative Williams requested
further explanation of the intentions of HB 41 and stated that he,
himself, did not see the urgency for the access.
REPRESENTATIVE JAMES stated that all the safeguards for getting a
right-of-way across that area would be in place. All of the
environmental impact statements and public comment would be
available to the people. She indicated that she understood
Representative MacLean's position that this would not be necessary
as long as the prohibition stands. Representative James further
explained that Representative MacLean would oppose HB 41 because it
would expose the people in her district to unwanted development.
She commented on the importance of looking into the future and the
ability to work together in trying to develop resources and protect
the environment as well as protect the lives of the people in a
cooperative effort. Representative James agreed that the issue at
hand is not that of urgency to open up the area and indicated that
there has been no mention that this access was even possible
through the Gates of the Arctic National Preserve. She indicated
that some of the proposed railroad routes have been identified but
in order for the successful construction of a railroad there has to
be a buildable area and the ability to meet the required incline of
1 to 3 percent. Representative James explained that when there is
a blank spot, i.e. access prohibition. It would limit the
opportunities to find acceptable grades and physical conditions
required. She emphasized that at least in the planning stages we
should have options in accessing the area and that the area should
not be off limits; currently this is the intent of the existing
statute.
Number 228
REPRESENTATIVE MACLEAN expressed her concern on the feasibility of
what HB 41 proposes. She remarked that a lot of the minerals such
as the coal, oil and gas are located on coastal areas. She pointed
out that the proposed area for access was located in the Interior.
She emphasized that the Northwest Arctic Borough would not be in
favor of the development in that area. However, they would be in
favor of development on the coastal areas where the minerals are
located. She stated that she did not understand how you would want
to have the feasibility of building the railroad from the middle of
no where, where we don't know what the minerals are because they
are along the coast.
REPRESENTATIVE JAMES referred to a map of Alaska and the area HB 41
indicates. She pointed out Fairbanks and that it is currently the
end of the railroad. She explained if there was a desire to go to
the Seward Peninsula and access the proposed Bearing Straits tunnel
over to the Diomede Islands and then over to Russia when we access
an adequate buildable area, it would be likely that we would have
to go through The Gates of the Arctic National Preserve area. She
indicated Representative MacLean's idea of taking a more Northerly
route and then west was excessive distance. Representative James
mentioned that her route through the southern edge of the Gates of
the Arctic National Preserve was a more direct route. She stated
other concerns about entering areas of a National Wildlife Refuge
and the greater difficulty of entering the Refuge than through the
Gates of the Arctic National Preserve. She stated the importance
of options in gaining access, and if the proposed area was off
limits, then that would eliminate a possible route. Representative
James stated that if it was not prohibited then it could be
considered, but this particular route was questionable. She
indicated that it would be prohibited as long as the prohibition
was in place. She stated that the prohibition does not mention the
possibility of a highway in this area. She explained that the only
prohibition is on the state owned railroad and that this was not
reasonable. She indicated that it won't necessarily stop
Congress's request in the Federal Register asking the Secretary of
the Interior to allow public access, which could mean highways; the
federal government has on record that access should be encouraged.
Representative James emphasized that there were a lot of resources
up in this area and there should be options to access these
resources.
REPRESENTATIVE MACLEAN indicated that there were no resources in
the area of concern.
REPRESENTATIVE JAMES inquired as to the location of Paradise
Valley.
REPRESENTATIVE MACLEAN replied that Paradise Valley was in the
Ambler area and that there were no resources in this area.
REPRESENTATIVE JAMES stated that she rested her case.
Number 287
REPRESENTATIVE MACLEAN explained that from her perspective, the
most feasible way to access the area would be to take a north
western route and bypass any federal lands.
REPRESENTATIVE JERRY SANDERS stated that "we all see it different."
He stated that he did not see the urgency of the access. However
if there were a proposal, he would be willing to review it and
elaborate on HB 41. He suggested an alternate route from
Fairbanks to the Kobuk River and through Nome taking a more
westerly route or through Barrow and around any federal lands. He
stated he did not see any logical reason behind the proposed access
and if there were extensive studies in determining the necessity of
the proposed access, he would reconsider his decision. He stated
that without a set plan he would have to respect the interest of
Representative MacLean who represents the people in the area. He
stated that currently he is in opposition of HB 41 but might not be
against it in two years.
VICE CHAIR MASEK announced to the members of the Transportation
Committee that HB 41 would be held over until Chairman Gary Davis
could be present and contribute to the discussion on HB 41.
VICE CHAIR MASEK asked it there were any objections on the
postponement of the hearing. there being none, HB 41 was held over
for future discussion.
ADJOURNMENT
There being no further business to come before the House
Transportation Committee, Vice Chair Masek adjourned the meeting at
1:59 p.m.
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