Legislature(2005 - 2006)

02/27/2006 09:02 AM House W&M


Download Mp3. <- Right click and save file as

Audio Topic
09:02:11 AM Start
09:02:18 AM HB418
10:05:01 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
           HOUSE SPECIAL COMMITTEE ON WAYS AND MEANS                                                                          
                       February 27, 2006                                                                                        
                           9:02 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bruce Weyhrauch, Chair                                                                                           
Representative Norman Rokeberg                                                                                                  
Representative Paul Seaton                                                                                                      
Representative Peggy Wilson                                                                                                     
Representative Max Gruenberg                                                                                                    
Representative Carl Moses                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Ralph Samuels                                                                                                    
                                                                                                                                
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                                                                             
02/24/06       (H)       Heard & Held                                                                                           
02/24/06       (H)       MINUTE(W&M)                                                                                            
02/27/06       (H)       W&M AT 9:00 AM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
STEVE BORELL, P.E., Executive Director                                                                                          
Alaska Miners Association, Inc.                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Spoke in opposition to HB 418.                                                                             
                                                                                                                                
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.                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR BRUCE WEYHRAUCH called the  House Special Committee on Ways                                                             
and  Means  meeting to  order  at  9:02:11 AM.    Representatives                                                             
Weyhrauch, Moses, Seaton, and Wilson  were present at the call to                                                               
order.   Representatives  Gruenberg and  Rokeberg arrived  as the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
HB 418-MINING PROD. & LICENSE TAXES/ROYALTIES                                                                                 
                                                                                                                                
9:02:18 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."                                                                                  
                                                                                                                                
9:02:44 AM                                                                                                                    
                                                                                                                                
STEVE   BORELL,   P.E.,   Executive   Director,   Alaska   Miners                                                               
Association,  Inc.,  recapped  his testimony  from  the  previous                                                               
hearing  on  HB  418  saying that  the  administration  and  past                                                               
legislation  led   those  in  the  mining   industry  to  believe                                                               
"[Alaska] is  open for business."   Many companies  responded, he                                                               
noted, by  investing in Alaska at  a time when metal  prices were                                                               
low.   By 2004, the  metal prices began  to rise such  that today                                                               
all  precious  metals,  base  metals,  and  coal  prices  are  at                                                               
elevated levels  - "the  first time that  this has  ever happened                                                               
....," he  said.  He  expressed that whereas the  mining industry                                                               
has  appreciated  the  past  efforts  of  the  administration  to                                                               
improve business  viability in  the state,  it "clearly  does not                                                               
support this legislation ...."   Referring to comparisons made at                                                               
the prior  meeting between  the mining  and fishing  industry, he                                                               
said that it is "not fair" to  compare the two.  He observed that                                                               
both industries do  have a need for people  and mobile equipment;                                                               
however, "beyond  that, many of the  things do not compare."   He                                                               
relayed that  the mining industry,  unlike the  fishing industry,                                                               
involves many  requirements and expenses  such as:   the baseline                                                               
environmental studies  and environmental impact  statements (EIS)                                                               
that often last  3 or more years; the  approximately 50 different                                                               
state and  federal permits with  the expense born by  the company                                                               
itself;  the guaranteed  "pay-back" for  use of  state-built port                                                               
facilities, such as  the one at the Red Dog  Mine, which cost the                                                               
state $105  million to build and  for which the mine  owners have                                                               
paid back $208  million to date on the loan;  and the building of                                                               
roads, electrical  power plants, and processing  plants, all paid                                                               
up front by mining companies before receiving any returns.                                                                      
                                                                                                                                
MR.  BORELL then  referred to  prior comparisons  made to  mining                                                               
industries  in  other  countries  such  as  Canada  where  roads,                                                               
railroads, power plants, and even  cities were built and paid for                                                               
by  the Canadian  government to  provide jobs  and infrastructure                                                               
for the timber and mining industries.   He returned to a previous                                                               
discussion regarding  foreign companies and foreign  ownership in                                                               
Alaska and,  in citing many  examples of such in  operation said,                                                               
"It's  hard to  understand  why anyone  would  want to  criticize                                                               
foreign investment in Alaska."  In conclusion, he opined:                                                                       
                                                                                                                                
     We believe that passage of  this bill, even out of this                                                                    
     one committee,  would be  an extremely  bad thing.   It                                                                    
     would not be  understood by the industry,  and it would                                                                    
     have a  negative effect  ... and  it would  be bantered                                                                    
     about in  other jurisdictions as "look  ... Alaska just                                                                    
     changed  the law  on taxation;  they  turned it  upside                                                                    
     down after 20 plus years  of stability, and now they've                                                                    
     pulled the rug out from  under the companies."  So with                                                                    
     that, we urge that this committee not pass this bill.                                                                      
                                                                                                                                
9:16:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROKEBERG asked  Mr. Borell  whether he  perceives                                                               
moving HB 418  out of committee as "a positive  pro-tax action by                                                               
a legislative body."                                                                                                            
                                                                                                                                
MR. BORELL  said that he would.   He informed the  committee that                                                               
the  [mining   industry  in  Alaska]  is   currently  in  extreme                                                               
competition with  British Columbia  (BC).   He explained  that BC                                                               
has pass-through taxation such that  a BC resident investing in a                                                               
mining  company, which  in  turn invests  its  operations in  BC,                                                               
treats  that  investment as  an  expense  on  his/her taxes  -  a                                                               
benefit not  possible for Canadians  when investing  in companies                                                               
in Alaska who  would likely be further discouraged  by the change                                                               
in mining taxation proposed in HB 418.                                                                                          
                                                                                                                                
9:18:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON sought  confirmation of  her understanding                                                               
that most  companies are able  to deduct expenses and  most don't                                                               
see a profit  for several years, and asked Mr.  Borell to compare                                                               
this between those businesses in Alaska and Canada.                                                                             
                                                                                                                                
MR. BORELL  clarified that  he is  referring to  the individuals,                                                               
not the  companies, and  the tax deductions  they are  allowed to                                                               
make  when investing  in Canadian  companies.   This flow-through                                                               
benefit would not  be applicable in Alaska due to  there being no                                                               
personal income  tax for residents  in this state,  he explained.                                                               
In  further  response  to  questions,   he  said  it  was  to  BC                                                               
residents' personal advantage to  see their money invested within                                                               
BC rather  than outside the  province.  He highlighted  that this                                                               
"flow-through"  investment  advantage  is  also  available  on  a                                                               
national level in Canada as well.   However, he mentioned that he                                                               
was not familiar with the specifics of either benefit.                                                                          
                                                                                                                                
REPRESENTATIVE  SEATON sought  confirmation that  Mr. Borell  was                                                               
referring  specifically to  Canadian  [investors], not  investors                                                               
worldwide.                                                                                                                      
                                                                                                                                
MR. BORELL said he believed this is correct.                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   then  asked   Mr.  Borell   whether  the                                                               
companies  interested in  allowing  those  investors are  leaning                                                               
toward   using  a   Limited  Liability   Company  ("LLC")   or  S                                                               
corporations in  Alaska "so that  they do pass the  taxes through                                                               
and so that they're not paid in Alaska."                                                                                        
                                                                                                                                
MR. BORELL said he did not know.                                                                                                
                                                                                                                                
9:22:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG suggested  that those Canadian investors                                                               
allowed to take  deductions on their income tax  could be "lured"                                                               
to Alaska where no state income tax is paid.                                                                                    
                                                                                                                                
MR.  BORELL specified  that  he is  referring  to investors,  not                                                               
individual workers, and added that  the industry "does everything                                                               
it can to  find those Alaskans [seeking employment]  and put them                                                               
to work, especially in their  local communities."  In response to                                                               
questions by  Representative Wilson,  he recalled  that according                                                               
to a recent  study by the Canadian Consulate, over  50 percent of                                                               
the  different mining  investments in  Alaska are  Canadian.   He                                                               
opined  that the  United  States (U.S.)  has  "basically run  the                                                               
mining industry out over the past  couple decades" due in part to                                                               
federal  mining laws;  the extremely  stringent, often  punitive,                                                               
environmental  requirements; and  the trend  in consolidation  of                                                               
some  of  the  U.S.  mines  by foreign  companies,  such  as  the                                                               
purchase of the  Homestake Mining Company in South  Dakota by the                                                               
Canadian mining company, Barrick  Gold Corporation.  He concluded                                                               
that "we  just don't  have the investments  coming to  the United                                                               
States that we did at one time."                                                                                                
                                                                                                                                
9:25:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON asked Mr.  Borell to compare the difference                                                               
between  the net  smelter return  (NSR) rates  currently paid  by                                                               
those companies mining  on private lands - such as  the Fort Knox                                                               
Mine on  the Mental Health  Trust lands and  the Red Dog  Mine on                                                               
Native corporation lands - to  the tax Alaska receives from those                                                               
mines operating on state land.                                                                                                  
                                                                                                                                
9:26:25 AM                                                                                                                    
                                                                                                                                
MR. BORELL  replied that he did  not know what these  rates would                                                               
be, and  furthermore was  not certain how  a comparison  could be                                                               
made.  He  reminded the committee that there are  only five large                                                               
mines  in the  state:   Usibelli  Coal Mine,  Inc., Greens  Creek                                                               
Mine, Red  Dog Mine, Fort Knox  Mine, and the Pogo  Mine Project.                                                               
He  highlighted that  the Pogo  Mine  Project is  the first  mine                                                               
being operated purely on state land.                                                                                            
                                                                                                                                
REPRESENTATIVE SEATON explained that the  purpose of this bill is                                                               
to assure  a reasonable return.   Prior testimony has  been heard                                                               
indicating  that "a  net smelter  return royalty  rate will  kill                                                               
every mine in  Alaska," he said, and "it's got  to be [maintained                                                               
at] 100  percent of the net."   However, he indicated  that those                                                               
big mines  developed recently on  private lands have  paid higher                                                               
NSR  rates   than  those   proposed  in  HB   418.     He  sought                                                               
clarification as  to why those  companies are willing to  pay the                                                               
higher rate on private land and not on state land.                                                                              
                                                                                                                                
MR. BORELL said he has not heard  it said that "an NSR would kill                                                               
all the  mines in Alaska."   He said  he "presumed" Red  Dog Mine                                                               
has an  NSR, however, noted  that neither the Greens  Creek Mine,                                                               
the Fort Knox  Mine, nor the Pogo  Mine Project have an  NSR.  He                                                               
stated that he was "at a loss  to know which mines are on private                                                               
land  that  have  negotiated  an  NSR."   In  response  to  Chair                                                               
Weyhrauch, Mr. Borell confirmed that  the Pogo Mine Project is on                                                               
state lands.   In  regard to whether  there are  any distinctions                                                               
between  the tax  rate that's  assessed  against a  mine and  the                                                               
lands  on  which  they  operate, he  explained  that  the  Mining                                                               
License Tax is  the same for every operation  irrespective of the                                                               
land  ownership.    He  noted  that  the  production  royalty  is                                                               
strictly  against state  land,  however, as  well  as payment  of                                                               
rent, which escalates over time.                                                                                                
                                                                                                                                
9:31:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   WILSON   requested   Mr.   Borell   repeat   his                                                               
explanation of which mines are on which lands.                                                                                  
                                                                                                                                
MR.  BORELL clarified  that  Red  Dog Mine  is  on NANA  Regional                                                               
Corporation  lands  owned  by Alaska  Natives  of  the  Northwest                                                               
Arctic, Greens Creek  Mine is on federal land  and private lands,                                                               
Fort  Knox  Mine is  on  Mental  Health  Trust lands,  Pogo  Mine                                                               
Project is  on state  land, and  Usibelli Coal  Mine, Inc.  is on                                                               
state land.   He highlighted that  these are the only  5 mines in                                                               
Alaska and they employ over 100 employees.                                                                                      
                                                                                                                                
CHAIR  WEYHRAUCH   asked  if  there  is   a  distinction  between                                                               
exploration and development.                                                                                                    
                                                                                                                                
MR. BORELL said that although  various jurisdictions in the world                                                               
would interpret  this differently,  in Alaska  development begins                                                               
once the construction of facilities  begins.  In further response                                                               
to questions,  he explained  that "the  break point,"  is clearly                                                               
defined under  the Mining  License Tax  as the  point at  which a                                                               
company has all its permits in  place to start [development].  He                                                               
remarked that "if you can jump  through all the hoops to get your                                                               
permits, you're very pleased to start construction, typically."                                                                 
                                                                                                                                
CHAIR  WEYHRAUCH sought  confirmation of  his understanding  that                                                               
the most expensive  part [of the mining  business] is exploration                                                               
during  which   companies  typically  go  through   a  permitting                                                               
process,  perform  studies  and environmental  analysis,  address                                                               
litigation,  perform  infrastructure development,  and  transport                                                               
gear to the site.                                                                                                               
                                                                                                                                
MR.  BORELL  commented  that the  aforementioned  explanation  is                                                               
slightly mixed between exploration  and development.  He exampled                                                               
Kensington  Mine,  which prior  to  construction  had a  camp  in                                                               
place,  a road  to  the site,  an adit  driven  into a  mountain,                                                               
entries developed off  the adit to obtain bulk sampling  - all of                                                               
these  steps taken  before it  was determined  to be  economic to                                                               
build  the mine  and go  forward.   "That's when  the development                                                               
starts," he  explained.  Furthermore,  all permits have to  be in                                                               
place to make that decision.                                                                                                    
                                                                                                                                
CHAIR WEYHRAUCH asked  if there was a point at  which the company                                                               
could  say, "We're  not in  exploration anymore,  incurring those                                                               
costs and overhead;  we're in construction and  development."  He                                                               
noted that  Kensington Mine does  not have all its  permits, such                                                               
as  Section  404  of  the  Clean  Water  Act  (CWA),  yet  it  is                                                               
constructing.                                                                                                                   
                                                                                                                                
MR. BORELL  explained that Kensington  Mine did have  that permit                                                               
at one time  but it was withdrawn and  [development] was stopped.                                                               
He  said that  the  company  did not  start  construction of  its                                                               
facilities until all permits were acquired.                                                                                     
                                                                                                                                
9:35:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON informed  the committee  that neither  the                                                               
current mining  tax nor the  proposed tax  differentiates between                                                               
exploration and construction.  The  proposed tax is applied after                                                               
construction starts, at the time of production.                                                                                 
                                                                                                                                
MR. BORELL said his understanding of  the bill is that it focuses                                                               
on production  and not on  exploration and  construction, "except                                                               
for the piece that removes the investment incentive."                                                                           
                                                                                                                                
REPRESENTATIVE SEATON informed the  committee that the portion of                                                               
the bill addressing investment incentives is under Section 15.                                                                  
                                                                                                                                
MR.  BORELL  opined  that  the   investment  incentive  has  done                                                               
"exactly  what we  hoped it  would and  what ...  the legislature                                                               
hoped  it  would."    He  said  during  discussions  with  former                                                               
governor  Tony Knowles,  there were  questions raised  as to  the                                                               
possibility that  providing [investment incentives to  the mining                                                               
companies] would "strip out any  revenues that the state was ever                                                               
going to get from mining."   He relayed that his response to this                                                               
was  that  it  would  be  many years  before  any  project  could                                                               
potentially receive  a benefit from  the proposed incentive.   In                                                               
fact, he expressed his belief that  no company within the last 10                                                               
years has  been able to take  advantage of and receive  a benefit                                                               
from this exploration  incentive.  More than  anything, he opined                                                               
that the benefit is more of  an encouragement to companies and to                                                               
"stop it now is very, very wrong."                                                                                              
                                                                                                                                
9:38:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG asked how long  it takes a mining company                                                               
to obtain  state and federal  permits to bring a  project online.                                                               
Additionally, he asked Mr. Borell  to comment on the failure rate                                                               
of earlier mining projects in Juneau and surrounding areas.                                                                     
                                                                                                                                
MR. BORELL  relayed that it  took Pogo  Mine three years  and one                                                               
month to go  through the permitting process  which was considered                                                               
to  be a  "fast process."   Kensington  Mines, however,  has been                                                               
through the  EIS process  three times,  with the  initial process                                                               
taking over  two years, he said.   By the time  it was completed,                                                               
he  explained, the  price of  gold  had decreased  such that  the                                                               
project was  no longer economic.   The company then  went through                                                               
two more lengthy periods of  completing the required supplemental                                                               
EISs for  each period  - the  first of  which was  completed just                                                               
when the  price of metal  had decreased again and  the completion                                                               
of the second was followed by the closure of the mine.                                                                          
                                                                                                                                
9:42:39 AM                                                                                                                    
                                                                                                                                
CHAIR  WEYHRAUCH   sought  clarification  on   earlier  testimony                                                               
attesting that no exploration credits have been used to date.                                                                   
                                                                                                                                
MR. BORELL suggested  that more information could  be provided by                                                               
the  Division of  Mining, Land  and  Water in  the Department  of                                                               
Natural Resources  (DNR).  He  said to his knowledge,  there have                                                               
been  companies which  were certified,  however,  none that  have                                                               
ever been able to apply exploration credits to taxes owed.                                                                      
                                                                                                                                
REPRESENTATIVE  SEATON,  in  response  to  a  question  by  Chair                                                               
Weyhrauch, explained  that "the exploration credits  were against                                                               
the Mining License  Tax and ... since the Mining  License Tax was                                                               
repealed, then everything that applied  to the Mining License Tax                                                               
no longer applied."   However, he informed the  committee that it                                                               
was his  understanding that those companies  previously certified                                                               
would still "under law" be able to apply the credit.                                                                            
                                                                                                                                
REPRESENTATIVE ROKEBERG  questioned whether this would  hold true                                                               
when  a law  is  repealed.   He  then  commented  on the  lengthy                                                               
periods of  time for the  Pogo and Kensington  mine developments,                                                               
and asked whether  Mr. Borell could provide the  committee with a                                                               
more  precise  estimate  on  the   amount  of  time  required  to                                                               
establish a mine to the point it's "sanctioned for investment."                                                                 
                                                                                                                                
MR.  BORELL explained  that the  years to  which he  referred for                                                               
both these  mines were for  the period  of time each  company was                                                               
working on environmental impact statements.   He added that there                                                               
are many years before the  completion of the environmental impact                                                               
process  and during  which  mining  companies spend  considerable                                                               
lengths of  time exploring, designing,  and evaluating  the scope                                                               
of the project and time involved.                                                                                               
                                                                                                                                
REPRESENTATIVE  ROKEBERG expressed  concern for  the considerable                                                               
amount of time  and effort the legislature has spent  in the last                                                               
decade in  creating the exploration  credit taxes in  addition to                                                               
the expense  of providing geophysical aerial  mapping "to enhance                                                               
the  investment  and  development   of  the  mining  industry  in                                                               
Alaska."    He relayed  that  if  he  could see  any  substantive                                                               
progress  in "narrowing  this window  of development  [to a  more                                                               
reasonable  time frame]  so it  would  have a  net present  value                                                               
positive  on investment  and jobs  in this  state, [he]  might be                                                               
more  amenable to  looking at  the government-take  situation [as                                                               
proposed in HB 418]."                                                                                                           
                                                                                                                                
9:46:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON asked  Mr.  Borell whether  the fact  that                                                               
companies have not  yet taken advantage of the  incentives tax is                                                               
because they haven't made sufficient profits  to do so.  She also                                                               
inquired as to whether profitability  was impacted by which lands                                                               
were  involved -  Mental  Health Trust  Lands,  Native lands,  or                                                               
state lands.                                                                                                                    
                                                                                                                                
MR.  BORELL  said he  did  not  know  the  answer to  the  latter                                                               
question.   To the first  question, he explained that  the reason                                                               
"no  tax  has  been  taken"  is  that  no  [mining]  project  has                                                               
progressed far  enough to be in  operation and to then  [apply] a                                                               
credit.    He expressed  his  belief  that  Pogo Mine,  newly  in                                                               
production, will be  the first to do so, and  Usibelli Coal Mine,                                                               
Inc. is  close to taking the  credit as well.   He clarified that                                                               
the  investment  incentive  credit  can be  applied  against  the                                                               
Mining License Tax, state royalties  if the operation is on state                                                               
land, or a  corporate income tax.  However, he  relayed that if a                                                               
company is  not in  operation, there  is no way  it can  take the                                                               
credit,  and furthermore  the credit  can be  applied to  no more                                                               
than  50  percent of  the  required  tax.    He opined  that  the                                                               
incentive credit  program was "an extremely  well thought-through                                                               
process."                                                                                                                       
                                                                                                                                
REPRESENTATIVE WILSON  restated her  question as to  whether "who                                                               
owns the  land" makes  a difference to  mining companies  and how                                                               
much of a difference.                                                                                                           
                                                                                                                                
MR. BORELL  said he was not  certain of the answer.   However, he                                                               
highlighted   that  during   former   president  Bill   Clinton's                                                               
administration,  no  one  explored  on   federal  land  and  only                                                               
recently has  such been  considered.  He  relayed that  there are                                                               
many   reasons  beyond   the  required   royalties  that   affect                                                               
consideration of  where to mine,  such as political  stability or                                                               
the cost and value of [the available minerals].                                                                                 
                                                                                                                                
9:52:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON,  referring to  Table  2  of the  "Revenue                                                               
Collections Detail,"  directed the  committee's attention  to the                                                               
$2,568 entry for "Alaska education  credit" and the $29,736 entry                                                               
for "mineral  exploration incentive  credit" in fiscal  year 2003                                                               
(FY 03).  He then referred  to a previous committee hearing on HB
418  when  Rick  Van  Nieuwenhuyse of  NovaGold  Resources,  Inc.                                                               
testified that  one of the  differences between mining  in Alaska                                                               
and  British Columbia  (BC) is  the higher  energy costs  in this                                                               
state.   Representative  Seaton questioned  whether the  proposed                                                               
installation of  a [power]  line to  run from  the Four  Dam Pool                                                               
hydroelectric project in  Alaska to BC, should move  forward.  In                                                               
light  of  comments  made  that those  operating  in  Alaska,  as                                                               
opposed  to BC,  could not  expect a  reasonable return  with any                                                               
increase to taxes because of  the already high electric costs, he                                                               
pointed out that this power  line would provide electricity to BC                                                               
at possibly higher rates than those charged in Alaska.                                                                          
                                                                                                                                
MR. BORELL said he did not  know the economics to this, though he                                                               
suggested that  "the incremental  cost of  selling that  power is                                                               
probably pretty  miniscule" and it  could possibly  provide "low-                                                               
priced power."                                                                                                                  
                                                                                                                                
REPRESENTATIVE  WILSON relayed  that everyone  connected to  that                                                               
power  grid in  her district  and "clear  up into  South Central"                                                               
will have lower electrical prices.                                                                                              
                                                                                                                                
REPRESENTATIVE  SEATON clarified  that his  previous comment  was                                                               
made in an  attempt to create more discussion  on his observation                                                               
that  the  reason why  the  [mining  industry] tax  structure  in                                                               
Alaska can't  be equivalent to Canada's  is due to the  fact that                                                               
Canada provides infrastructure and  power to its industry whereas                                                               
Alaska, with its lower tax rates, [must] charge more for power.                                                                 
                                                                                                                                
9:56:43 AM                                                                                                                    
                                                                                                                                
RICH  HEIG, Vice  President, Council  of Alaska  Producers (CAP);                                                               
General Manager, Greens  Creek Mining Company, said  he wished to                                                               
clarify for the record that he  did not hear Mr. Van Nieuwenhuyse                                                               
say  that "any  NSR  tax will  kill the  mining  industry in  the                                                               
state."   He said he  would like  to comment from  the investor's                                                               
perspective.   When his company  is considering where  to invest,                                                               
he explained,  it models  the life  of the  mine for  x-number of                                                               
years and figures in a  range of costs from production, operating                                                               
costs,  capital costs,  smelting  and refining  charges, and  all                                                               
applicable taxes.   An NSR tax,  he said, reduces the  net income                                                               
and  "raises  the   hurdle  for  a  project   to  be  developed."                                                               
Additionally, with a  drop in metal prices, an NSR  tax makes the                                                               
project  more  difficult  to  be   approved  from  an  investment                                                               
standpoint, he  opined, and is viewed  as "a regressive tax"  - a                                                               
definite  factor in  evaluating a  project.   Regarding the  fair                                                               
market value  appraisals on  federal lands,  he relayed  that the                                                               
Greens  Creek Mining  Company has  a  net island  return on  some                                                               
parts of its  federal lands.  This type of  return, he explained,                                                               
is  similar to  an  NSR;  however, it's  based  on varying  metal                                                               
prices where  lower metal  prices lower the  tax and  higher ones                                                               
raise  the  tax.    He  relayed that  his  company  is  currently                                                               
considering other properties  on federal lands -  lands which are                                                               
viewed  as  a "negotiated  item"  at  fair  market value  of  the                                                               
property  and potential  minerals paid  for up  front at  an "NSR                                                               
type return."   However, he said that it is  his company's intent                                                               
to "steer away" from NSRs in negotiating on federal lands.                                                                      
                                                                                                                                
10:01:44 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON sought  confirmation of  his understanding                                                               
that  an  NSR  is  applied  to  minerals  after  they  have  been                                                               
processed and are ready for shipment.                                                                                           
                                                                                                                                
MR. HEIG  said he does  not understand the  use of the  term "net                                                               
smelter  return" as  it's described  in the  bill.   He clarified                                                               
that the  NSR with which  he is familiar  begins at the  point at                                                               
which the product is ready for transportation.                                                                                  
                                                                                                                                
REPRESENTATIVE SEATON  referred to mine mouth  value addressed in                                                               
HB 418, which  allows a company to subtract ball  mills and other                                                               
on-site processing  costs in addition  to the  deductions allowed                                                               
under an  NSR.   He then asked  if the mine  mouth value  were to                                                               
include the  deduction of  costs for the  preparation of  ore for                                                               
shipment, would  it be perceived  as advantageous  [by investors]                                                               
or less attractive than an NSR.                                                                                                 
                                                                                                                                
MR. HEIG  expressed his belief  that it would be  more attractive                                                               
and  "more advantageous  from  the standpoint  of  a net  smelter                                                               
return that  starts at transportation,  but it's still  a pre-tax                                                               
versus  post-tax  calculation."    In response  to  questions  by                                                               
Representative  Rokeberg, Mr.  Heig  explained  that "net  island                                                               
return" is the term used  between Greens Creek Mining Company and                                                               
the U.S.  Forest Service.  As  far as there being  any parameters                                                               
determined by federal law or  regulation to guide the negotiation                                                               
process, he said  he was not involved when the  net island return                                                               
was negotiated between  the company and the  U.S. Forest Service.                                                               
He  clarified that  his company  is  currently negotiating  other                                                               
projects on federal  lands in other states and  said he perceives                                                               
it to be  a "negotiating item that benefits both  parties as best                                                               
as possible."                                                                                                                   
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked if  it would be  fair to  say that                                                               
there is  some flexibility in  a private company's  dealings with                                                               
the federal government.                                                                                                         
                                                                                                                                
MR. HEIG said he believed this to be correct.                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON  asked whether there is  "a federal royalty                                                               
paid on the main portion of Greens Creek."                                                                                      
                                                                                                                                
MR. HEIG said there was not.                                                                                                    
                                                                                                                                
[HB 418 was held over.]                                                                                                         
                                                                                                                                
10:05:01 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special  Committee on  Ways and  Means meeting  was adjourned  at                                                               
10:05 a.m.                                                                                                                      

Document Name Date/Time Subjects