Legislature(2005 - 2006)

02/24/2006 09:09 AM House W&M


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09:09:10 AM Start
09:09:28 AM HB418
09:59:56 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
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                    ALASKA STATE LEGISLATURE                                                                                  
           HOUSE SPECIAL COMMITTEE ON WAYS AND MEANS                                                                          
                       February 24, 2006                                                                                        
                           9:09 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bruce Weyhrauch, Chair                                                                                           
Representative Ralph Samuels                                                                                                    
Representative Paul Seaton                                                                                                      
Representative Peggy Wilson                                                                                                     
Representative Max Gruenberg                                                                                                    
Representative Carl Moses                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Norman Rokeberg                                                                                                  
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 418                                                                                                              
"An  Act relating  to a  mining  production tax;  relating to  the                                                              
mining   license  tax;   relating  to   production  royalties   on                                                              
minerals;   relating  to   exploration   incentive  credits;   and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 418                                                                                                                  
SHORT TITLE: MINING PROD. & LICENSE TAXES/ROYALTIES                                                                             
SPONSOR(S): REPRESENTATIVE(S) SEATON                                                                                            
                                                                                                                                
02/01/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/01/06       (H)       W&M, RES, FIN                                                                                          
02/22/06       (H)       W&M AT 9:00 AM CAPITOL 106                                                                             
02/22/06       (H)       Heard & Held                                                                                           
02/22/06       (H)       MINUTE(W&M)                                                                                            
02/24/06       (H)       W&M AT 9:00 AM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
IAN LAING, Staff                                                                                                                
to Representative Paul Seaton                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Presented  information on  HB 418  on behalf                                                              
of Representative Seaton, sponsor.                                                                                              
                                                                                                                                
KARL HANNEMAN, President                                                                                                        
Council of Alaska Producers (CAP)                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   His  testimony in opposition  to HB  418 was                                                              
read by Rich Heig.                                                                                                              
                                                                                                                                
RICH HEIG, Vice President                                                                                                       
Council of Alaska Producers (CAP);                                                                                              
General Manager                                                                                                                 
Greens Creek Mining Company                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke in opposition to HB 418.                                                                             
                                                                                                                                
RICK VAN NIEUWENHUYSE, President & Chief Executive Officer (CEO)                                                                
NovaGold Resources, Inc.                                                                                                        
Vancouver, Canada                                                                                                               
POSITION STATEMENT:  Spoke in opposition to HB 418.                                                                             
                                                                                                                                
STEVE BORELL, P.E., Executive Director                                                                                          
Alaska Miners Association, Inc.                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Spoke in opposition to HB 418.                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR BRUCE WEYHRAUCH  called the House Special  Committee on Ways                                                            
and  Means  meeting  to order  at  9:09:10  AM.    Representatives                                                            
Weyhrauch, Gruenberg,  Moses, and Seaton were present  at the call                                                              
to  order.   Representatives  Samuels and  Wilson  arrived as  the                                                              
meeting was in progress.                                                                                                        
                                                                                                                                
9:09:28 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:09 a.m. to 9:10 a.m.                                                                       
                                                                                                                                
HB 418-MINING PROD. & LICENSE TAXES/ROYALTIES                                                                                 
                                                                                                                                
9:10:15 AM                                                                                                                    
                                                                                                                                
CHAIR WEYHRAUCH  announced that the  only order of  business would                                                              
be HOUSE  BILL NO. 418,  "An Act relating  to a mining  production                                                              
tax; relating  to the mining  license tax; relating  to production                                                              
royalties   on  minerals;   relating   to  exploration   incentive                                                              
credits; and providing for an effective date."                                                                                  
                                                                                                                                
9:11:31 AM                                                                                                                    
                                                                                                                                
IAN  LAING, Staff  to  Representative  Paul Seaton,  Alaska  State                                                              
Legislature, directed  the committee's attention to  the following                                                              
three  updated  documents  in  the   committee  packets  entitled:                                                              
"Significant   Taxes  in  Select   Jurisdictions,"  "Metal   Mines                                                              
Taxation  Comparison of  All Taxes,"  and  "Top Metal  Producers."                                                              
He  explained   that  the  first   document,  which   provides  an                                                              
international  comparison  of  mining taxation,  was  modified  to                                                              
include  corporate   taxes  and  duties  to  Alaska   and  "Alaska                                                              
(Proposed)" as  well as to Canada  and its provincial taxes.   The                                                              
second  document,  he  continued,  shows  a  state  comparison  of                                                              
mining taxes  and the third  document compares both  United States                                                              
and  international mining  production.   The  latter document,  he                                                              
noted, should be  used for "general comparison  purposes only, ...                                                              
the  rankings   can  change  from   year  to  year  and   may  not                                                              
necessarily be exactly accurate."                                                                                               
                                                                                                                                
REPRESENTATIVE  SEATON,   referring  to  the  chart   showing  the                                                              
taxation  of metal  by state, said  that the  second column  lists                                                              
the investment attractiveness  rankings [taken from]  the study by                                                              
the  Fraser Institute.   He  indicated  that Nevada  is ranked  1,                                                              
Alaska ranked  6, and most of the  other states ranked  in the 40s                                                              
or 50s.   "So [Alaska] is  far more attractive for  many reasons,"                                                              
he said.                                                                                                                        
                                                                                                                                
MR.  LAING,   in  response   to  a   question  by   Representative                                                              
Gruenberg, said that  the Fraser study does not  include a similar                                                              
chart  showing state  attractiveness  rankings,  however, it  does                                                              
have charts comparing  the tax regimes - net,  gross, or otherwise                                                              
- of  different states and  countries and  the effect this  has on                                                              
investment attractiveness.                                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG  indicated that reviewing  how the states                                                              
compare to other  jurisdictions in addressing similar  issues is a                                                              
helpful  guide  to him.    He  asked  whether  it is  possible  to                                                              
manipulate factors in  such a way as to determine  their effect on                                                              
attractiveness  and to  "scale it  against other  kinds of  things                                                              
like  revenue  raising  ...  so  we can  qualify  it  as  well  as                                                              
quantify it."                                                                                                                   
                                                                                                                                
MR. LAING  said this  was the  intent of  distributing the  Fraser                                                              
study and that the  charts before the committee are  an attempt to                                                              
"pare  down"   the  study's  findings.     The  charts   show,  he                                                              
summarized, the different  taxes in Alaska for  the major resource                                                              
industries,  the  different  mining-specific  taxes  in  different                                                              
nations and  different states  in addition  to the many  different                                                              
factors  considered in  determining  investment attractiveness  in                                                              
the mining industry.                                                                                                            
                                                                                                                                
9:18:57 AM                                                                                                                    
                                                                                                                                
KARL HANNEMAN, President, Council of Alaska Producers (CAP), had                                                                
his written testimony paraphrased by Rich Heig as follows                                                                       
[original punctuation provided]:                                                                                                
                                                                                                                                
     The   Council   of   Alaska  Producers   (CAP)   is   an                                                                   
     association    representing   companies   involved    in                                                                   
     exploration, development,  and active operation  of hard                                                                   
     rock  mines in  Alaska.   Our industry  is committed  to                                                                   
     sound   operating    practices,   protection    of   the                                                                   
     environment,  and growth  of  an industry  that has  the                                                                   
     potential   to  provide  much   needed  private   sector                                                                   
     economic diversification throughout Alaska.                                                                                
                                                                                                                                
     The   mining  industry   has   worked   hard  with   the                                                                   
     legislature  over the  last two decades  to improve  the                                                                   
     investment   and    regulatory   climate    in   Alaska.                                                                   
     Significant  fiscal  policy  improvements, such  as  the                                                                   
     exemption  of minerals from  municipal in-situ  taxation                                                                   
     and  the  passage  of the  Exploration  Incentives  Act,                                                                   
     both  of  which  passed  through  your  committee,  have                                                                   
     combined  with  other  regulatory   changes  to  greatly                                                                   
     improve the perception  of Alaska as a good  place to do                                                                   
     business.    In  fact,  for   several  years  after  the                                                                   
     passage of  the Exploration  Incentives Act, members  of                                                                   
     the Council  and other  mining company executives  often                                                                   
     cited  the  Incentives  Act  in  speeches  around  North                                                                   
     America  as a reflection  of the  positive support  from                                                                   
     the Alaska government.                                                                                                     
                                                                                                                                
     HB  418 would  undermine  these  efforts by  imposing  a                                                                   
     complicated and  regressive tax on an industry  that has                                                                   
     yet  to reach  its potential.    A stable  and fair  tax                                                                   
     policy is  necessary to  continue to attract  investment                                                                   
     capital.    The  existing  tax  regime,  which  combines                                                                   
     corporate  income   taxes,  a  7%  net   profits  mining                                                                   
     license tax,  rents, and a  3% net profits  royalty, was                                                                   
     established  after years of  litigation on the  issue of                                                                   
     what  constituted  an  equitable return  to  the  State.                                                                   
     Poorly  crafted and  ill-advised legislation  is a  poor                                                                   
     substitute  for the extensive  legal and public  process                                                                   
     that established the current tax regime.                                                                                   
                                                                                                                                
     Tax payments  from the mining industry to  the State are                                                                   
     up  significantly in  recent years,  even though  Alaska                                                                   
     still only  has one  hardrock mine on  State land.   The                                                                   
     Legislature  has   worked  hard  to  provide   a  stable                                                                   
     climate  for investment.    The CAP  asks  that you  not                                                                 
     pass HB  418 and  allow the industry  to grow and  reach                                                                   
     its potential.                                                                                                             
                                                                                                                                
9:22:18 AM                                                                                                                    
                                                                                                                                
RICH  HEIG, Vice  President, Council  of  Alaska Producers  (CAP);                                                              
General Manager,  Greens  Creek Mining Company,  referring  to the                                                              
Fraser Institute  survey on mining companies, said  that he agrees                                                              
with  the  findings  that  show Alaska  as  having  "improved  the                                                              
climate   dramatically  for   mineral   development  [which   has]                                                              
happened over  the last couple of  decades."  He  opined, however,                                                              
that the  tax proposed in HB  418 is "aggressive" for  an industry                                                              
still  emerging from  difficult  times, and  it  will not  support                                                              
continued  growth.   He  also noted  the  difficulty in  comparing                                                              
Alaska's mining  tax to  the tax rate  in other countries  because                                                              
it  does  not  show  the difference  in  where  the  earnings  are                                                              
applied.   That  is,  he explained,  other  countries may  require                                                              
higher  taxes to  fund  social benefits  for  citizens whereas  in                                                              
America,  it's often  the employer  who provides  the medical  and                                                              
retirement benefits  to workers.   Regarding the  comparisons made                                                              
at the  last meeting between the  mining and fishing  industry, he                                                              
observed  that the  latter does  not face the  same detriments  to                                                              
development  as does the  mining industry,  which often  must deal                                                              
with infrastructure  challenges  such as lack  of roads  or power.                                                              
Also,  in regard  to  Representative  Seaton's discussion  on  the                                                              
"shifting of revenues,"  he expressed his belief that  this is not                                                              
allowed  by the Department  of Revenue  (DOR)  and that there  are                                                              
mechanisms  in place  to prevent  this from happening.   He  said,                                                              
"If this is  such a concern, I  would expect we could  provide the                                                              
factual examples  that exist to  support the concern  for shifting                                                              
of  revenues."   As  to  a  statement  made  at the  last  meeting                                                              
regarding  Greens Creek  Mining Company  not having  paid its  net                                                              
island royalty  to the United  States (U.S.) Forest  Service based                                                              
on the current tax structure, he said:                                                                                          
                                                                                                                                
     I  did  state  a year  ago  that  Greens  Creek  [Mining                                                                   
     Company] has  not paid any funds against the  net island                                                                   
     royalty; however,  we have not avoided nor  attempted to                                                                   
     avoid the net  island royalty payments.  Simply  put ...                                                                   
     we have  not mined  in any areas  that are subjected  to                                                                   
     the  net island  royalty under  the  agreement from  the                                                                   
     late  1990s  when the  net  island  royalty was  put  in                                                                   
     place.    We  have  not mined  in  any  areas  that  are                                                                   
     susceptible to the net island royalty.                                                                                     
                                                                                                                                
MR. HEIG, referring  to the chart showing the  top metal producers                                                              
worldwide,  said that  Greens Creek  Mining  Company is  primarily                                                              
the largest  silver producer in  the U.S. having  produced 559,000                                                              
"kilograms," not "metric tons" as specified on the chart.                                                                       
                                                                                                                                
9:27:52 AM                                                                                                                    
                                                                                                                                
CHAIR  WEYHRAUCH asked  for  clarification from  Mr.  Heig on  his                                                              
statement that Greens  Creek Mining Company hasn't  paid any funds                                                              
against its net island royalty.                                                                                                 
                                                                                                                                
MR.  HEIG  explained  that  "net  island  royalty"  is  a  federal                                                              
program administered  under the  Bureau of Land Management  (BLM),                                                              
however, the  [mines] are on U.S.  Forest Service lands.   He said                                                              
the  royalty is  on those  areas  mined outside  of the  company's                                                              
"existing extra lateral  rights within our mining  area" which was                                                              
determined in the  Land Exchange Agreement in the late  1990s.  In                                                              
response to Chair  Weyhrauch's question regarding  why the company                                                              
has not  mined in areas susceptible  to the net  island royalties,                                                              
he clarified:                                                                                                                   
                                                                                                                                
     It's  not because  of  the  tax and  we  hope there  are                                                                   
     resources to  mine and we  find them in our  exploration                                                                   
     program.   It's  just  the way  that  the structure  was                                                                   
     designed, as  far as what  is susceptible to  net island                                                                   
     royalty  and  what is  not  ...  and  that gets  into  a                                                                   
     discussion  on extension  of extra  lateral rights  from                                                                   
     existing claims [which] is a very detailed discussion.                                                                     
                                                                                                                                
9:29:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  how  many  kilograms  are  in  a                                                              
metric ton.                                                                                                                     
                                                                                                                                
MR. HEIG  said that there  are 31.10348  grams per troy  ounce and                                                              
that the  559,000 metric tons, if  in kilograms, would  convert to                                                              
17 million  ounces, "although Greens  Creek does not  produce this                                                              
amount."   In  further  response  to questions  by  Representative                                                              
Gruenberg, he noted  that whereas there might be  byproduct silver                                                              
credits from  other operations, Greens  Creek is the  only primary                                                              
producer  of silver.   Furthermore, he  said he  was not  aware of                                                              
any  other  silver mines  "coming  online"  in Alaska  as  primary                                                              
producers.   When  asked  what the  differences  might  be in  the                                                              
silver mining industry  versus the mining of other  hard minerals,                                                              
he clarified  that Greens  Creek produces its  silver into  a zinc                                                              
and lead  concentrate that is sold  to smelters around  the world,                                                              
and does not produce silver bars.                                                                                               
                                                                                                                                
REPRESENTATIVE SEATON  said that he  wished to clarify  two points                                                              
made  earlier.   The first,  he  stated, deals  with whether  cost                                                              
shifting  takes  place  under  the  current  tax  structure.    He                                                              
referred to correspondence  from the Department of  Revenue (DOR),                                                              
which  explained that  this practice  is  hard to  track and  that                                                              
audits are not  currently performed to determine  if cost shifting                                                              
is happening.    He said he  also wanted  to clarify  that it  was                                                              
never  his intent  to relay  that  "the mining  industry is  doing                                                              
anything  wrong."    Whereas  the   current  tax  policy  for  the                                                              
industry  does not  provide a reasonable  return,  it is one  that                                                              
the State of  Alaska adopted, not the mining  industry, he opined.                                                              
Therefore, he said  he does not fault the industry  "for following                                                              
the  tax policy  to the  full  vantage that  they  can within  the                                                              
State of Alaska."                                                                                                               
                                                                                                                                
9:34:12 AM                                                                                                                    
                                                                                                                                
RICK  VAN  NIEUWENHUYSE,  President   &  Chief  Executive  Officer                                                              
(CEO), NovaGold Resources,  Inc., explained that the  company is a                                                              
junior  exploration  and  mining   company  with  headquarters  in                                                              
Vancouver,  British   Columbia  (BC).    NovaGold   Resources  has                                                              
invested approximately  $25 million  in Alaska  during the  last 5                                                              
or 6 years and  is currently working on 3 projects  with different                                                              
partners:  the Rock  Creek project in Nome; the  Donlin Creek gold                                                              
project,  which  is  a  joint  venture  with  Placer  Dome/Barrick                                                              
located in  the Kuskokwim Gold Belt  region on lands owned  by the                                                              
Calista  Corporation   and  the   surface  rights  owned   by  the                                                              
Kuskokwim  Corporation; and  the Arctic project,  a joint  venture                                                              
with  "Rio  Tinto Zinc"  (RTZ)  located  in the  Northwest  Arctic                                                              
Borough adjacent to  lands owned by the State of  Alaska and lands                                                              
owned by  NANA Regional  Corporation.  He  noted that  his company                                                              
and its partners  have spent a combined $100 million  on all three                                                              
projects  to  date   and  have  yet  to  receive   any  return  on                                                              
investment.   "A  tax such  as is  proposed in  HB 418  is what  I                                                              
would  consider   an  extremely  regressive  tax,"   he  said  and                                                              
highlighted that there  is already a 7 percent net  profits tax in                                                              
Alaska,  which "is  the correct  kind  of a  tax to  apply to  the                                                              
mining industry."   With  the huge amount  of capital  required to                                                              
develop any  of these mines -  due to the lack  of infrastructure,                                                              
no central  power grids, and  no roads  - he expressed  his belief                                                              
that it  "is very unfair  to have  a tax come  off of the  top ...                                                              
before your  investors are  getting a  return on their  investment                                                              
...."  He opined  that this would send a very  negative message to                                                              
the mining  industry worldwide and  "very strongly would  urge the                                                              
committee to put a no-vote on HB 418."                                                                                          
                                                                                                                                
9:38:59 AM                                                                                                                    
                                                                                                                                
CHAIR WEYHRAUCH  asked Mr. Van Nieuwenhuyse to  explain NovaGold's                                                              
affiliation with Alaska mines.                                                                                                  
                                                                                                                                
MR.  VAN NIEUWENHUYSE  explained  that his  company purchased  the                                                              
Alaska  Gold Company  six  years  ago, a  company  that's been  in                                                              
operation since  the 1920s in the  Nome area of Alaska,  and where                                                              
now a  sand and  gravel business  is operated.    It is there,  he                                                              
continued,  that the  Rock Creek  Mine is  being developed,  which                                                              
will be Nome's first  modern, open pit, hard rock  mine.  The Rock                                                              
Creek Mine  will produce about 100,000  ounces of gold  and employ                                                              
approximately  135  people.    The company  is  currently  in  the                                                              
permitting  process and  expects  to have  its permits  by May  or                                                              
June and  the first  gold ore  by the end  of the  year.   He then                                                              
mentioned  the  other  two  projects  currently  being  developed:                                                              
Donlin  Creek, one  of the  largest undeveloped  gold projects  in                                                              
the world at 28  million ounces, and the Arctic  deposit, which is                                                              
a  copper, lead,  zinc  deposit in  the  Northwest Arctic  Borough                                                              
region.   He said that  the company has  already spent  $5 million                                                              
and will spend an additional $3 million with this year's budget.                                                                
                                                                                                                                
REPRESENTATIVE   SEATON  said   he   wanted  to   make  sure   Mr.                                                              
Nieuwenhuyse understood  that the tax proposed in  HB 418 replaces                                                              
the current  mining  license tax,  and is not  an additional  tax.                                                              
Furthermore, he  informed, it is  a net smelter return  tax, which                                                              
is  not  applicable  prior  to  production  or  before  there  are                                                              
returns.  He  also highlighted the provision included  in the bill                                                              
for a three-year  deferral of taxes to allow  mining companies and                                                              
their investors to  recover more capital in the  first three years                                                              
of  production.   He then  asked Mr.  Van Nieuwenhuyse  if he  did                                                              
business in Canada as well as in Alaska.                                                                                        
                                                                                                                                
MR.  VAN NIEUWENHUYSE  said that  [NovaGold  Resources, Inc.]  has                                                              
several  big  projects  in  the   Canadian  provinces  of  British                                                              
Columbia  and the  Yukon  as  well.   Then  referring  to the  tax                                                              
proposed  in the bill,  he opined  that "a  3-year tax  holiday is                                                              
not going  to go  a long  way to  paying off  [the] $1.5  billion"                                                              
needed  to invest  in the  Donlin  Creek project  to extract  that                                                              
first  ounce of  gold.   He said  he disagrees  strongly with  the                                                              
statement that  "[company] investors  would get a  return" because                                                              
a project like  Donlin will probably take five  years before there                                                              
is any return on  the invested capital.  He assured  the committee                                                              
that he  does understand  that the  tax is "not  over the  top" of                                                              
the existing  net profits interest  tax that currently  exists and                                                              
one  that he  opined is  a good  tax, recommending,  "if it  ain't                                                              
broke, don't fix it."                                                                                                           
                                                                                                                                
9:43:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON,   returning   attention  to   the   chart                                                              
entitled,  "Significant  Taxes  in  Select  Jurisdictions,"  which                                                              
lists the  mining taxes to  several Canadian provinces,  and asked                                                              
Mr.  Van Niewenhuyse  to  compare  these  figures to  those  taxes                                                              
proposed in the bill.                                                                                                           
                                                                                                                                
MR. VAN NIEUWENHUYSE  relayed that BC has a net profits  tax not a                                                              
net smelter  tax.  He also  explained that this province  has some                                                              
of the  cheapest power in  the world, at  3.2 cents  per kilowatt-                                                              
hour (kWh), which  is part of where the corporate  tax is applied.                                                              
For  comparison  purposes, he  said  that  a project  like  Donlin                                                              
Creek would  likely cost 10 to 11  cents per kWh and  relayed that                                                              
even the  proposed gross  royalty tax  "would be very  detrimental                                                              
in encouraging investment in a yet young industry in Alaska."                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON, again referring  to the comparative  study                                                              
on taxation, informed  the committee that BC has a  profits tax of                                                              
13 percent,  which is  "considerably above"  Alaska's mining  tax,                                                              
and has  a minimum tax  of 2 percent,  unlike Alaska which  has no                                                              
minimum tax.                                                                                                                    
                                                                                                                                
MR.  VAN  NIEUWENHUYSE,  responding   to  Representative  Wilson's                                                              
question  regarding  available  power in  northern  BC,  confirmed                                                              
that this  region has  very little power  available, which  is one                                                              
of  the  things   the  BC  government  is   currently  considering                                                              
installing.   He said  that his  company does  have a  copper/gold                                                              
project  in the  area  that produces  a  concentrate, requiring  a                                                              
significant  amount of power,  which is  then shipped  to smelters                                                              
overseas.   Installing the power  lines would likely be  a project                                                              
done  by  the  BC government,  he  explained,  and  would  provide                                                              
relatively inexpensive power to developers in that region.                                                                      
                                                                                                                                
9:49:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG   asked    if   he   was   correct   in                                                              
understanding  Mr.  Van  Nieuwenhuyse's  perspective  of  Alaska's                                                              
mining  industry as  one in a  developmental  stage rather  than a                                                              
producing  stage  since  it  lacks  the  infrastructure  of  other                                                              
jurisdictions.                                                                                                                  
                                                                                                                                
MR.  VAN NIEUWENHUYSE  said this  is  correct and  that there  are                                                              
very  few  mines  in  Alaska.   He  commented  that  the  lack  of                                                              
infrastructure  does have  an effect  on  attracting new  industry                                                              
and  that "having  good  taxes  that  recognize the  hurdles  that                                                              
exist in the state would be appropriate."                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG  said that the charts don't  capture this                                                              
factual  distinction, and  therefore he  requested comparisons  to                                                              
similar   jurisdictions  showing   how  they   partner  with   the                                                              
industries to ensure  that "the industry can grow and  so that the                                                              
government  can  get  sufficient  royalty and  taxes  to  maintain                                                              
itself ...."                                                                                                                    
                                                                                                                                
MR.  VAN NIEUWENHUYSE  relayed  that he  currently  had no  charts                                                              
available, but  offered to find  "fair and objective"  comparative                                                              
information.                                                                                                                    
                                                                                                                                
9:52:11 AM                                                                                                                    
                                                                                                                                
STEVE   BORELL,   P.E.,   Executive    Director,   Alaska   Miners                                                              
Association,  Inc.,  expressed   his  concern  with  the  proposed                                                              
changes to tax policy  in HB 418 and additionally  with the timing                                                              
of  the  proposal.   With  passage  of  the Alaska  Native  Claims                                                              
Settlement  Act   (ANCSA),  Section  17(d)(2)  ("d-2"),   and  the                                                              
resulting lands  debate, and with  passage of the  Alaska National                                                              
Interest   Lands   Conservation   Act  (ANILCA),   he   said   the                                                              
[association]  has  been  working   extremely  hard  "to  convince                                                              
mining  companies  ...  to  consider investing  in  Alaska."    He                                                              
recalled  that  because of  the  uncertainty  [of how  these  land                                                              
debates]   would  be   resolved,  about   80  different   [mining]                                                              
companies  either closed  their  businesses in  Alaska or  decided                                                              
not  to develop  in the  state -  an occurrence  which the  Alaska                                                              
Miners  Association   is  trying  to  reverse.     He  noted  that                                                              
currently,  precious metal, base  metal, and  coal prices  are all                                                              
elevated  and said  he couldn't  "recall a time  ever before  when                                                              
all three  of those  major mining  sectors ...  have been  high at                                                              
the same  time."   However, he pointed  out that  for most  of the                                                              
past  20 years,  the  mining industry  "has  been suffering  under                                                              
very  low [metal]  prices" and  yet those  currently operating  in                                                              
Alaska,   continue  investing   and  risking   the  very   limited                                                              
exploration dollars despite these low prices.                                                                                   
                                                                                                                                
MR.  BORELL  then addressed  the  Mining  License Tax  of  Alaska,                                                              
which is  a special targeted tax  required of the  mining industry                                                              
on all metals produced.   He opined that it's to  be a progressive                                                              
form  of  taxation   based  on  the  net  proceeds   from  mineral                                                              
production.   In addition to this  tax, he informed  the committee                                                              
that the  mining industry  also pays  rent and production  royalty                                                              
taxes.   He speculated that  when the 2005  data is  available, it                                                              
will show  significant increased  payment  to the state's  general                                                              
fund  (GF), and  this with  only  4 large  operating mines  during                                                              
that year,  with a fifth  mine currently adding  to the pool.   He                                                              
pointed out that  when a miner is successful, the  state shares in                                                              
that  success,  and  even  operating   at  a  loss,  the  industry                                                              
provides jobs  and in  some cases pays  local property  taxes that                                                              
have  been essential  for  local communities.    He expressed  his                                                              
disappointment  with   the  analysis  provided  at   the  previous                                                              
committee  meeting which,  when  referring to  the  amount of  tax                                                              
revenue generated,  failed to mention that at that  time there was                                                              
only one  large mine  operating on  state land.   He relayed  that                                                              
during the  1980s, when  there were no  hard rock mines  operating                                                              
in Alaska,  "establishing a  stable and appropriately  progressive                                                              
tax in  advance of an  investment was a  good policy ...  and it's                                                              
helped  set  the stage  to  attract  significant risk  capital  to                                                              
Alaska that now is beginning to mature into a core business."                                                                   
                                                                                                                                
9:58:57 AM                                                                                                                    
                                                                                                                                
CHAIR WEYHRAUCH announced that HB 418 would be held over.                                                                       
                                                                                                                                
9:59:56 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
Special  Committee on  Ways  and Means  meeting  was adjourned  at                                                              
9:59 a.m.                                                                                                                       

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