Legislature(1999 - 2000)

02/23/1999 05:06 PM House WTR

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
       HOUSE SPECIAL COMMITTEE ON WORLD TRADE                                                                                   
            AND STATE/FEDERAL RELATIONS                                                                                         
                 February 23, 1999                                                                                              
                     5:06 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Ramona Barnes, Chair                                                                                             
Representative John Cowdery, Vice Chair                                                                                         
Representative Beverly Masek                                                                                                    
Representative Gail Phillips                                                                                                    
Representative Joe Green                                                                                                        
Representative Reggie Joule                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Ethan Berkowitz                                                                                                  
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SENATE JOINT RESOLUTION NO. 5 am                                                                                                
Opposing the closure of the former Mount McKinley portions of                                                                   
Denali National Park and Preserve to snowmachine use.                                                                           
                                                                                                                                
     - MOVED SJR 5 AM OUT OF COMMITTEE                                                                                          
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: SJR  5                                                                                                                    
SHORT TITLE:  SNOWMACHINE USE IN DENALI NAT'L PARK                                                                              
SPONSOR(S):   SENATOR(S) HALFORD, Kelly Pete, Taylor, Wilken,                                                                   
Donley, Ward, Leman, Miller, Pearce, Green; REPRESENTATIVE(S)                                                                   
Coghill, James, Therriault                                                                                                      
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/27/99        99     (S)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/27/99        99     (S)  RES                                                                                                 
 2/01/99       127     (S)  COSPONSOR(S): GREEN                                                                                 
 2/03/99               (S)  RES AT  3:00 PM BUTROVICH ROOM 205                                                                  
 2/03/99               (S)  MOVED OUT OF COMMITTEE                                                                              
 2/03/99               (S)  MINUTE(RES)                                                                                         
 2/04/99       155     (S)  RES RPT  5DP 1NR                                                                                    
 2/04/99       155     (S)  DP: HALFORD, MACKIE, PARNELL, TAYLOR,                                                               
 2/04/99       155     (S)  GREEN; NR: LINCOLN                                                                                  
 2/04/99       155     (S)  ZERO FISCAL NOTE (S.RES)                                                                            
 2/05/99               (S)  RLS AT 11:20 AM FAHRENKAMP RM 203                                                                   
 2/05/99               (S)  MINUTE(RLS)                                                                                         
 2/08/99       185     (S)  RULES TO CALENDAR AND 1OR 2/10/99                                                                   
 2/10/99       214     (S)  READ THE SECOND TIME                                                                                
 2/10/99       214     (S)  AM 1 OFFERED BY HALFORD                                                                             
 2/10/99       214     (S)  AM NO 1 ADOPTED UNAN CONSENT                                                                        
 2/10/99       215     (S)  ADVANCED TO THIRD READING UNAN                                                                      
                            CONSENT                                                                                             
 2/10/99       215     (S)  READ THE THIRD TIME  SJR 5 AM                                                                       
 2/10/99       216     (S)  PASSED Y18 N2                                                                                       
 2/10/99       218     (S)  TRANSMITTED TO (H)                                                                                  
 2/16/99       220     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/16/99       220     (H)  WTR, RESOURCES                                                                                      
 2/16/99       228     (H)  CROSS SPONSOR(S): COGHILL, JAMES                                                                    
 2/17/99       240     (H)  CROSS SPONSOR(S): THERRIAULT                                                                        
 2/23/99               (H)  WTR AT  5:00 PM CAPITOL 124                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Juli Lucky, Legislative Assistant                                                                                               
  for Senator Rick Halford                                                                                                      
Alaska State Legislature                                                                                                        
Capitol Building, Room 121                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-4958                                                                                                      
POSITION STATEMENT:  Provided the sponsor statement for Senator                                                                 
                     Rick Halford.                                                                                              
                                                                                                                                
STEVE MARTIN, Park Superintendent                                                                                               
Denali National Park and Preserve                                                                                               
P.O. Box 9                                                                                                                      
Denali Park, Alaska 99755                                                                                                       
Telephone:  (907)683-2294                                                                                                       
POSITION STATEMENT:  Provided testimony in opposition to SJR 5.                                                                 
                                                                                                                                
STAN LEAPHART, Executive Director                                                                                               
Citizens' Advisory Commission on Federal Areas                                                                                  
3700 Airport Way                                                                                                                
Fairbanks, Alaska 99709-4699                                                                                                    
Telephone:  (907)451-2775                                                                                                       
POSITION STATEMENT:  Provided testimony in support of SJR 5.                                                                    
                                                                                                                                
TINA CUNNING, Wildlife Biologist                                                                                                
State-Federal Issues Program, Commissioner's Office                                                                             
Alaska Department of Fish and Game                                                                                              
333 Raspberry Road                                                                                                              
Anchorage, Alaska 99518-1599                                                                                                    
Telephone:  (907)267-2248                                                                                                       
POSITION STATEMENT:  Provided information on how ANILCA                                                                         
                provisions related to SJR 5.                                                                                    
                                                                                                                                
BILL EASTMAN                                                                                                                    
Mat-Su Motor Mushers                                                                                                            
HCO 3, Box 8286                                                                                                                 
Palmer, Alaska 99645                                                                                                            
Telephone:  (907)7453043                                                                                                        
POSITION STATEMENT:  Provided testimony on behalf of the Mat-Su                                                                 
                     Motor Mushers in support of SJR 5.                                                                         
                                                                                                                                
NANCY MICHAELSON                                                                                                                
Sierra Club - Alaska Chapter                                                                                                    
241 East Fifth Avenue                                                                                                           
Anchorage, Alaska 99501                                                                                                         
Telephone:  (907)276-4048                                                                                                       
POSITION STATEMENT:  Provided testimony on behalf of the Sierra                                                                 
                     Club in opposition to SJR 5.                                                                               
                                                                                                                                
SANDY KOGL                                                                                                                      
P.O. Box 1                                                                                                                      
McKinley Park, Alaska 99755-0001                                                                                                
Telephone:  (907)733-2448                                                                                                       
POSITION STATEMENT:  Provided testimony in opposition to SJR 5.                                                                 
                                                                                                                                
ROLLIE OSTERMICK                                                                                                                
P.O. Box 13149                                                                                                                  
Trapper Creek, Alaska 99683-3149                                                                                                
Telephone:  (907)733-2467                                                                                                       
POSITION STATEMENT:  Provided testimony in opposition to SJR 5.                                                                 
                                                                                                                                
MICHAEL EASTHAM                                                                                                                 
Homer Snowmads Snowmachine Club                                                                                                 
Box 3646                                                                                                                        
Homer, Alaska 99603                                                                                                             
Telephone:  (907)235-2603                                                                                                       
POSITION STATEMENT:  Provided testimony on behalf of the Homer                                                                  
                     Snowmads Snowmachine Club in support of SJR
                     5.                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-03, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIR RAMONA BARNES called the House Special Committee on World                                                                 
Trade and State/Federal Relations meeting to order at 5:06 p.m.                                                                 
Members present at the call to order were Representatives Barnes,                                                               
Cowdery, Phillips, Green and Joule.  Representative Masek arrived                                                               
at 5:07 p.m.                                                                                                                    
                                                                                                                                
SJR  5 - SNOWMACHINE USE IN DENALI NAT'L PARK                                                                                   
                                                                                                                                
CHAIR BARNES announced the first order of business was Senate Joint                                                             
Resolution No. 5, "Opposing the closure of the former Mount                                                                     
McKinley portions of Denali National Park and Preserve to                                                                       
snowmachine use."                                                                                                               
                                                                                                                                
JULI LUCKY, Legislative Assistant to Senator Rick Halford, Alaska                                                               
State Legislature, read the following sponsor statement into the                                                                
record:                                                                                                                         
                                                                                                                                
     SJR 5 is a fairly straightforward resolution.  The resolution                                                              
     is designed to send a clear message to the Department of                                                                   
     Interior, the National Park Service, and our congressional                                                                 
     delegation that the Alaska State Legislature opposes the                                                                   
     closure of Denali National Park and Preserve to snowmachine                                                                
     access.  An equally important message carried by this                                                                      
     resolution is the message to Alaskans that the legislature is                                                              
     in support of their continued access to their public land.                                                                 
                                                                                                                                
Number 0200                                                                                                                     
                                                                                                                                
STEVE MARTIN, Park Superintendent, Denali National Park and                                                                     
Preserve, testified via teleconference from the park.  He said,                                                                 
"Basically, we have closed a portion of Denali National Park to the                                                             
use of snowmachines for traditional activities because of concerns                                                              
over resource values to the park or within the park."  He explained                                                             
that the decision was based on the Code of Federal Regulations                                                                  
(CFR), and he stipulated that 43 CFR 36.11 gave authority to hold                                                               
hearings in the area affected and then prepare a finding.  The                                                                  
finding has been prepared and made available to the public, he                                                                  
added, and the results detail the analysis of the resource values                                                               
and the reasons for the closure.  He acknowledged that this is an                                                               
emotional issue, and recommended that the committee review the                                                                  
Statement of Finding.                                                                                                           
                                                                                                                                
Number 0390                                                                                                                     
                                                                                                                                
MR. MARTIN indicated that he did not have a copy of the bill in                                                                 
front of him, but he did have an older version of the bill that he                                                              
felt contained some factual errors.  One of those errors, he                                                                    
pointed out, is the statement that actual impacts have to be                                                                    
documented in the area in order to for it to be closed.  The Alaska                                                             
National Interest Lands Conservation Act (ANILCA), he added, refers                                                             
to identifying activities that "would be detrimental," and does not                                                             
specify "have been detrimental."  He felt it was incumbent upon the                                                             
National Park Service to step in advance of actual impacts.  He                                                                 
indicated his willingness to provide additional written testimony.                                                              
                                                                                                                                
CHAIR BARNES advised the witness that written testimony could be                                                                
provided to the House Resource Standing Committee, which is the                                                                 
next committee that SJR 5 will be going to.                                                                                     
                                                                                                                                
Number 0520                                                                                                                     
                                                                                                                                
REPRESENTATIVE COWDERY sought clarification as to whether or not                                                                
the resource values have actually been determined yet.                                                                          
                                                                                                                                
MR. MARTIN referred to Section 101 of ANILCA and the 1917                                                                       
legislation for Denali National Park and Preserve.  He testified                                                                
that both of these pieces of legislation laid out a number of the                                                               
resource values that these areas were set aside to conserve.                                                                    
Subsequent to that, he added, there have been other specific                                                                    
documents on management of the park that have articulated its                                                                   
values.  He referred the committee back to the Statement of Finding                                                             
for those values, and explained they were laid out through                                                                      
long-standing public planning processes, environmental impact                                                                   
assessments and public hearings.  He stressed that the National                                                                 
Park Service is not against snowmachines everywhere, but they do                                                                
feel that snowmachine use would be detrimental to this particular                                                               
area.  He listed some of the reasons for this belief:  the unique                                                               
scientific conditions of the area, the fact that snowmachines have                                                              
not been used within this area in the past, and the fact that the                                                               
area contains dog mushers and carries with it a tradition of                                                                    
non-motorized use since 1917.                                                                                                   
                                                                                                                                
Number 0685                                                                                                                     
                                                                                                                                
REPRESENTATIVE COWDERY asked if ski planes landed in the park.                                                                  
                                                                                                                                
MR. MARTIN confirmed that ski planes do land in the new park                                                                    
additions on a regular basis; however, ski planes are extremely                                                                 
rare within the old part of the park, landing perhaps one or two                                                                
times a winter on Wonder Lake.                                                                                                  
                                                                                                                                
REPRESENTATIVE COWDERY wondered if the ski planes cause damage when                                                             
they land.                                                                                                                      
                                                                                                                                
MR. MARTIN indicated that they do not cause damage when they land                                                               
on Wonder Lake, especially in view of the level of use.  He felt                                                                
that any occasional damage done to the park was offset by the                                                                   
benefits of that particular activity.                                                                                           
                                                                                                                                
Number 0833                                                                                                                     
                                                                                                                                
REPRESENTATIVE PHILLIPS asked what plans and policies the National                                                              
Park Service has in place to provide alternative transportation for                                                             
employees who will be monitoring the park in the winter months.                                                                 
                                                                                                                                
MR. MARTIN reported that the park has been using dogs since                                                                     
approximately 1930, and that they have only used snowmachines once                                                              
or twice in the past 10 years within the old section of the park.                                                               
                                                                                                                                
REPRESENTATIVE PHILLIPS declared that she has pictures of park                                                                  
rangers and others on snowmachines in that area of the park.                                                                    
                                                                                                                                
MR. MARTIN denied this, and said that the park's eight snowmachines                                                             
are only driven outside of the designated wilderness area.  Any                                                                 
pictures of park rangers on snowmachines, he emphasized, were taken                                                             
outside of the old part of the park.                                                                                            
                                                                                                                                
REPRESENTATIVE PHILLIPS questioned whether damage was being done to                                                             
those other areas of the park by the use of snowmachines.                                                                       
                                                                                                                                
MR. MARTIN indicated that was a difficult question to answer.  He                                                               
specified, "If they are driven with adequate snow cover, and if                                                                 
they are driven in areas where there aren't sensitive                                                                           
concentrations of wildlife, and if they are driven responsibly, and                                                             
if they are driven for traditional activities, we feel that,                                                                    
throughout most of the park, they are a legitimate activity.  In                                                                
this particular part of the park that has not had snowmachining in                                                              
it, we feel that, yes, they would be detrimental, whether driven by                                                             
us or driven by someone else."                                                                                                  
                                                                                                                                
Number 1052                                                                                                                     
                                                                                                                                
REPRESENTATIVE MASEK cited her experience growing up in Alaska and                                                              
mushing dog teams, as well as snowmachining, and she stated her                                                                 
belief that those two activities did not conflict.  She expressed                                                               
her feeling that this closure is contrary to what Alaska is all                                                                 
about, and added that everyone should have access to the state.                                                                 
She referred to the section in the Statement of Findings that says                                                              
"the proposed temporary closure maintains a status quo," and                                                                    
inquired as to exactly how the National Park Service arrived at                                                                 
this status quo.  She requested that Mr. Martin clarify which                                                                   
sections of ANILCA they were working off of, and asked him to                                                                   
explain 36 CFR 13.30 and 43 CFR 36.11.                                                                                          
                                                                                                                                
MR. MARTIN specified that Section 1110(a) of ANILCA has a provision                                                             
for the continued use of certain access modes for traditional                                                                   
activities.  He explained that 43 CFR contains regulations                                                                      
promulgated by the Department of the Interior to implement that                                                                 
section of the law.  The 36 CFR regulations are general provisions                                                              
for protection of all park resources, and they were promulgated                                                                 
after ANILCA.  He said that the reason the temporary closure is a                                                               
continuation of the status quo is that snowmachines have not been                                                               
used in the old park.  He reemphasized that Section 101, the first                                                              
section, of ANILCA clearly outlines what the parks were set aside                                                               
for, including scientific values, unaffected ecosystems and                                                                     
wildlife protection.  Wildlife has not been subjected to high                                                                   
density snowmachine use in this section of the park, he added, and                                                              
research has shown that snowmachining has the potential to conflict                                                             
with wildlife in that area.                                                                                                     
                                                                                                                                
Number 1324                                                                                                                     
                                                                                                                                
REPRESENTATIVE MASEK wondered how many permits were issued to ERA                                                               
Helicopters to fly into the park.                                                                                               
                                                                                                                                
MR. MARTIN responded by stating that public landing of helicopters                                                              
is not allowed in Denali National Park and Preserve, except in                                                                  
cases of emergency and to supply the 14,000-foot base camp for                                                                  
climbers.                                                                                                                       
                                                                                                                                
Number 1370                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE referred to the previous statement that this                                                               
is a temporary closure to gather additional information on                                                                      
potential impacts, and that it would take one year to do this.  He                                                              
wondered if those potential impacts would be so severe that they                                                                
warranted closure, or if there was any possibility of leaving that                                                              
portion of the park open until the information is collected and                                                                 
then acting.                                                                                                                    
                                                                                                                                
MR. MARTIN direction attention back to the wording in ANILCA.  He                                                               
emphasized that it does not use the phrase "has been detrimental,"                                                              
but rather "would be detrimental."  He noted that this would put                                                                
the onus on the National Park Service to make sure that these                                                                   
resources are not affected.  He reported that the park is trying to                                                             
balance quiet wildlife areas with areas for traditional or                                                                      
park-access snowmachining, and to plan it out so that wildlife                                                                  
habitat and the unaffected ecosystem are not harmed.  Because the                                                               
snowmachining industry has greatly increased, he explained, the                                                                 
potential is there to go from "zero use to thousands of user days."                                                             
                                                                                                                                
Number 1634                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE asked if there was additional, more recent,                                                                
information that could be made available to the House Resources                                                                 
Standing Committee.                                                                                                             
                                                                                                                                
MR. MARTIN referred the committee back to the Statement of Finding.                                                             
He agreed to provide additional information, and he expressed his                                                               
willingness to testify in person, if requested.                                                                                 
                                                                                                                                
CHAIR BARNES pointed out to the committee that a lawsuit was                                                                    
recently filed by snowmachine users challenging the closure.                                                                    
                                                                                                                                
Number 1723                                                                                                                     
                                                                                                                                
REPRESENTATIVE PHILLIPS inquired as to who determines adequate snow                                                             
cover, and whether or not that definition is in ANILCA.                                                                         
                                                                                                                                
MR. MARTIN confirmed that the definition is in ANILCA, and stated                                                               
that the determination is up to the park.  They are in the process                                                              
of evaluating, he added, exactly what that would mean for Denali                                                                
National Park and Preserve, and hope to have that determined by                                                                 
next winter.  He noted that adequate snow cover is roughly 6-to-12                                                              
inches of snow, but it depends upon other factors, such as the type                                                             
of vegetation.  He cited the example of the Kenai Fjords National                                                               
Park, and related that they use "manager's determination" to define                                                             
adequate snow coverage.                                                                                                         
                                                                                                                                
Number 1809                                                                                                                     
                                                                                                                                
STAN LEAPHART, Executive Director, Citizens' Advisory Commission on                                                             
Federal Areas, provided testimony via teleconference from Fairbanks                                                             
in support of SJR 5.  He observed that one of the reasons                                                                       
snowmachine use has not occurred, to any great degree, in the old                                                               
part of Denali National Park and Preserve is that the National Park                                                             
Service has improperly prevented that use from occurring.  He                                                                   
reported that in 1980 the Alaska Lands Act expanded the park, and                                                               
it also authorized the use of snowmachines during periods of                                                                    
adequate snow cover, motor boats, airplanes, and non-motorized                                                                  
surface transportation within all conservation system units in                                                                  
Alaska, including the wilderness portion of Denali National Park                                                                
and Preserve.  In June of 1981, he noted, the National Park Service                                                             
promulgated its first regulations implementing ANILCA, and did                                                                  
implement some sections dealing with snowmachine use that apply to                                                              
all park units in Alaska, including the pre-1980 park areas (Denali                                                             
National Park and Preserve, Katmai National Park and Glacier Bay                                                                
National Park).                                                                                                                 
                                                                                                                                
MR. LEAPHART explained that the National Park Service proposed                                                                  
closure of some areas of Denali National Park and Preserve to                                                                   
snowmachine use in 1983.  Those closures were designed to protect                                                               
what were identified as key wildlife concentration areas, but he                                                                
emphasized that it was only a small part of the wilderness area                                                                 
that is currently closed.  At that time, he noted, the National                                                                 
Park Service clearly recognized that snowmachine use had been                                                                   
authorized under the provisions of the 1980 Alaska Lands Act.  He                                                               
reported that in 1986 the Department of Interior, on behalf of all                                                              
the land management agencies, adopted regulations implementing                                                                  
Title XI of ANILCA, including Section 1110(a), which is the section                                                             
that authorizes the use of snowmachines within conservation system                                                              
units.  At that time, he emphasized, the Department of Interior                                                                 
again acknowledged, very decisively, that snowmachine use was                                                                   
authorized in the pre-ANILCA park units.  He added, "Interestingly                                                              
enough, shortly after that we started to hear rumors about people                                                               
being contacted by park rangers along the George Parks Highway                                                                  
area, Broad Pass, the area adjacent to the old park boundary, and                                                               
being told that the old part of the park was closed to snowmachine                                                              
use."                                                                                                                           
                                                                                                                                
MR. LEAPHART reported that the Citizens' Advisory Commission on                                                                 
Federal Areas became aware of a "Compendium of Orders for Denali                                                                
National Park" around 1990. This list of rules for the park, he                                                                 
added, stated snowmachine use was not allowed in the pre-1980                                                                   
portion of the part.  In approximately 1992, he emphasized, the                                                                 
National Park Service assured the Citizens' Advisory Commission on                                                              
Federal Areas that they recognized there were problems with that                                                                
compendium and that they were working to fix it; however, it is                                                                 
seven years later, and they have not presented a revised                                                                        
compendium.  Consequently, the public has been continually                                                                      
receiving a document that has stated, for at least the last 10                                                                  
years, that the old part of the park is closed to snowmachine use.                                                              
He stipulated that this is the reason, in large measure, why very                                                               
little snowmachine use has occurred in that part of the park.                                                                   
                                                                                                                                
Number 2121                                                                                                                     
                                                                                                                                
MR. LEAPHART continued, "A couple of years ago, I met with Mr.                                                                  
Martin and his chief ranger to discuss a proposal that they were                                                                
working on at that time to implement some management restrictions                                                               
for the park, including a snowmachine closure.  It was clear at                                                                 
that time that they were prepared to argue that snowmachine use                                                                 
really wasn't allowed -- it was a non-traditional use -- and that                                                               
it was simply going to be disallowed on those terms.  I pointed out                                                             
that the ANILCA standards were that they had to demonstrate that                                                                
there was, in fact, resource damage from snowmachine use before                                                                 
they could close the use."  He reiterated that, approximately three                                                             
weeks ago, the National Park Service enacted temporary regulations                                                              
to close the park to snowmachines, and they issued their Statement                                                              
of Findings.  He believes that the National Park Service feels they                                                             
have complied with the letter of the law and with their                                                                         
regulations; however, he argued that they have certainly not                                                                    
complied with the spirit of the law which requires them to                                                                      
demonstrate that there has been damage from snowmachine use.                                                                    
                                                                                                                                
MR. LEAPHART referred to the Statement of Finding, and pointed out                                                              
that it was basically a compilation of studies on snowmachine use                                                               
in other areas; none of these studies are related to snowmachine                                                                
use in Denali National Park and Preserve, and some are over 20                                                                  
years old.  The snowmachines studied in the early 1970s, he                                                                     
explained, were far different from the machines they have now;                                                                  
they were heavier and noisier with much different engine                                                                        
technology.  He testified that the Statement of Finding is very                                                                 
generalized and speculative, and that expressing the potential for                                                              
damage from snowmachine use does not meet the requirements of the                                                               
legislation.  Based on the findings in this document, he added, any                                                             
other area in Alaska could be substituted for Denali National Park                                                              
and Preserve, and subsequently closed.  Consequently, consideration                                                             
should be given to the precedent that this sets.  He closed by                                                                  
saying, "I think there are a lot of people who have supported the                                                               
closure who have also objected to the process, or the lack of                                                                   
process, that the National Park Service has followed in                                                                         
implementing this closure.  They want to see some good research and                                                             
good science, but they want to see it done before they make this                                                                
sort of management decision."                                                                                                   
                                                                                                                                
Number 2280                                                                                                                     
                                                                                                                                
TINA CUNNING, Wildlife Biologist, State-Federal Issues Program,                                                                 
Commissioner's Office, Alaska Department of Fish and Game (ADF&G),                                                              
spoke via teleconference from Anchorage on SJR 5.  She informed the                                                             
committee that the ANILCA division of the ADF&G, in concert with                                                                
Stan Leaphart and governmental coordination in other portions of                                                                
the state, closely monitors the provisions protecting access on                                                                 
over 143 million acres of conservation system units.  She                                                                       
emphasized that their first concern is process, because process                                                                 
that doesn't exactly follow the protections provided by ANILCA                                                                  
will, inevitably, be used as precedent for all other conservation                                                               
system units.                                                                                                                   
                                                                                                                                
MS. CUNNING cited an example of a potential closure to snowmachine                                                              
access in Kodiak National Wildlife Refuge a number of years ago.                                                                
Prior to ANILCA, she pointed out, Kodiak National Wildlife Refuge                                                               
was also a conservation system unit that had restrictions on                                                                    
snowmachine access.  That was amended in 1980, and snowmachine                                                                  
access was again open as a method for traditional activities.  She                                                              
reported that the refuge manager became concerned that snowmachines                                                             
were getting farther into the refuge as they became lighter,                                                                    
quieter and faster.  He made a proposal for closure of a vast                                                                   
portion of the refuge to snowmachine access, for many of the same                                                               
reasons presented on the Denali National Park and Preserve                                                                      
closure, as well as fear of impacts to bear denning areas.                                                                      
                                                                                                                                
MS. CUNNING further related that the refuge manager, at the urging                                                              
of ADF&G, worked extensively with snowmachine groups in Kodiak,                                                                 
ADF&G staff and his biologist, to identify and map out the bear                                                                 
denning areas.  She reported that these areas are posted as soon as                                                             
possible after the first snowfall each year, and the snowmachiners                                                              
have policed themselves by staying clear of those areas.  She                                                                   
emphasized that there does not have to be a closure based on bear                                                               
dennings as a resource damage if there is adequate consultation                                                                 
done with the groups involved ahead of time.  The ADF&G has worked                                                              
with the snowmachiners and the National Park Service for over two                                                               
years in an attempt to get them to develop areas that could be                                                                  
zoned for snowmachine use, and they are very disappointed that the                                                              
National Park Service chose to go ahead and use findings of damage.                                                             
If those findings of damage were to be applied to all of the 143                                                                
million acres of conservation system units, she added, it would                                                                 
effectively impact access by snowmachine  for hunting, fishing and                                                              
trapping all over the state.                                                                                                    
                                                                                                                                
Number 2477                                                                                                                     
                                                                                                                                
REPRESENTATIVE PHILLIPS sought clarification as to what                                                                         
organization the witness represented.                                                                                           
                                                                                                                                
MS. CUNNING specified that she is with the State-Federal Issues                                                                 
Program of the Alaska Department of Fish and Game (ADF&G).  She                                                                 
wanted to emphasize for the record, however, that neither the state                                                             
of Alaska nor the ADF&G has taken an official position on this                                                                  
closure, but they will do so in concert with the other state                                                                    
agencies.  She added, "Our concerns regarding process and resource                                                              
damage, however, are on the record for all conservation system                                                                  
units -- not just unique to this one."                                                                                          
                                                                                                                                
Number 2530                                                                                                                     
                                                                                                                                
BILL EASTMAN, Mat-Su Motor Mushers, testified via teleconference                                                                
from the Matanuska-Susitna Valley.  He noted that SJR 5, as                                                                     
amended, had the full support of the Mat-Su Motor Mushers.                                                                      
                                                                                                                                
Number 2552                                                                                                                     
                                                                                                                                
NANCY MICHAELSON, Alaska Chapter of the Sierra Club, spoke via                                                                  
teleconference from the Matanuska-Susitna Valley.  She testified                                                                
that the Sierra Club opposed SJR 5 and supported the closure of the                                                             
old part of Denali National Park and Preserve to motorized uses.                                                                
She read the following testimony into the record:                                                                               
                                                                                                                                
     I am here to testify on behalf of the Sierra Club and our                                                                  
     statewide 1300 members from Barrow to Ketchikan.  Nationally,                                                              
     we are 600,000 members strong who work to protect wild places                                                              
     for our families (indisc.--coughing).  We oppose the passage                                                               
     of this resolution and we support closure of all of the entire                                                             
     part of old Mount McKinley Park to motorized use.  Each point                                                              
     of the resolution should be based on factual premise.  We take                                                             
     issue with some of your premises on which you base your                                                                    
     points.                                                                                                                    
                                                                                                                                
     Point number three, as an example, speaks to the National Park                                                             
     Service requirement that findings of snowmachine use be                                                                    
     detrimental to the park.  Although this actual wording is                                                                  
     factual, we take issue with your reference that proof of                                                                   
     detrimental impact must come from the specific area itself.                                                                
     Your resolution conveys that you mean that we must impact, or                                                              
     ruin, an area to prove the area will be ruined, and then take                                                              
     steps to protect it, only after the fact.  There are plentiful                                                             
     studies and documented cases of snowmachine effects                                                                        
     (indisc.--coughing).  We hoped you be wise enough to accept                                                                
     the existence of these studies and process their information                                                               
     in a meaningful manner, such as the National Park Service                                                                  
     37-page Statement of Finding.                                                                                              
                                                                                                                                
     We disagree with your understanding of ANILCA in your second                                                               
     point.  Words for ANILCA are exact, but what this whole                                                                    
     controversy boils down to is recreational snowmachining.  The                                                              
     Sierra Club strongly believes that this use does not belong in                                                             
     a wilderness area, regardless of how anyone twists or speaks                                                               
     of the intent of ANILCA.                                                                                                   
                                                                                                                                
     Lastly, we do not agree with the interpretation that old Mount                                                             
     McKinley National Park was ever open to motorized uses.  What                                                              
     this issue is based on is a technical glitch.  There has never                                                             
     been any language or legislative history that points to                                                                    
     Congress meaning to allow for motorized uses in the old park.                                                              
     Indeed, Congress did three things to indicate that its intent                                                              
     was to strengthen park protection through the years, such as;                                                              
     1) they made the original park all wilderness, 2) they                                                                     
     expanded the park in 1980, and, 3) in 1976 they closed it to                                                               
     mining with the Mining in the Parks Act.  Regardless of our                                                                
     opinions on this last point, it serves well to demonstrate our                                                             
     disagreement with your premise.                                                                                            
                                                                                                                                
     We believe that scenic and wildlife values of Denali [National                                                             
     Park and Preserve], no matter the season, depend on                                                                        
     non-disturbance winter and summer habitat, and we urge you not                                                             
     to accept Senate Joint Resolution Number 5.                                                                                
                                                                                                                                
Number 2672                                                                                                                     
                                                                                                                                
REPRESENTATIVE COWDERY asked how many members of the Sierra Club                                                                
Ms. Michaelson was representing.                                                                                                
                                                                                                                                
MS. MICHAELSON responded that there were 1300 members statewide.                                                                
                                                                                                                                
REPRESENTATIVE COWDERY wondered if all 1300 of these members had                                                                
been polled on this issue.                                                                                                      
                                                                                                                                
MS. MICHAELSON said no, but added that the Sierra Club has                                                                      
statewide meetings with by-laws, and they have discussed their                                                                  
policies on national park and wilderness matters.                                                                               
                                                                                                                                
Number 2701                                                                                                                     
                                                                                                                                
REPRESENTATIVE PHILLIPS noted that the National Park Service                                                                    
announced temporary closure of the old part of the park while they                                                              
consider additional permanent closures for the entire park.  She                                                                
asked if the Sierra Club would support closing down the entire park                                                             
to snowmachine use.                                                                                                             
                                                                                                                                
MS. MICHAELSON said no, and clarified that their concern was for                                                                
the old section of the park.  She stated that this area has not                                                                 
been used for recreational snowmachine use since its inception in                                                               
1917.  She added that the Sierra Club does not believe that                                                                     
recreational snowmachining is a traditional activity as outlined in                                                             
ANILCA.                                                                                                                         
                                                                                                                                
REPRESENTATIVE PHILLIPS sought clarification that the Sierra Club                                                               
would support keeping the rest of the park open to snowmachining.                                                               
                                                                                                                                
MS. MICHAELSON agreed.   She explained that the Sierra Club                                                                     
recognized that other areas of the park are being used by                                                                       
snowmachines, and they are not opposed to that usage.  They are,                                                                
however, strongly opposed to snowmachine usage in the "wilderness                                                               
area."                                                                                                                          
                                                                                                                                
REPRESENTATIVE PHILLIPS wondered how damage could be determined to                                                              
occur in the old part of the park, but not on property only 100                                                                 
feet away in the new part of the park.  She questioned how the                                                                  
Sierra Club was able to make that distinction.                                                                                  
                                                                                                                                
MS. MICHAELSON said, "I did not comment to that, because our                                                                    
opposition has to do with wilderness areas.  Also, if it was                                                                    
critical habitat for either denning bears or other wildlife, then                                                               
that would be a point for us, but if it was not in a wilderness                                                                 
area....Obviously, the amount of impact is going to be the same if                                                              
the microecology is the same, but it would be important to us that                                                              
snowmachines do not exist in the wilderness area."                                                                              
                                                                                                                                
REPRESENTATIVE PHILLIPS wanted the record to reflect that the                                                                   
Sierra Club is not opposed to snowmachining in the new section of                                                               
the park, even though it would be land adjacent to the old section.                                                             
Therefore, they would not be able to make a distinction in damage                                                               
or use.                                                                                                                         
                                                                                                                                
Number 2844                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE requested a map of the areas involved that                                                                 
would outline the old versus the new sections of the park, as well                                                              
as a map outlining the snowmachine pattern areas.                                                                               
                                                                                                                                
Number 2871                                                                                                                     
                                                                                                                                
REPRESENTATIVE COWDERY made reference to Yellowstone National Park.                                                             
He questioned whether or not snowmachines were allowed in that                                                                  
park, and, if so, if their usage has been detrimental to their                                                                  
critical habitats.                                                                                                              
                                                                                                                                
MS. MICHAELSON said yes, and referred the committee to Mr. Steve                                                                
Martin, who worked at Yellowstone National Park and was there when                                                              
they experienced a large increase in snowmachining.  She pointed                                                                
out that the ecology of that park is different than the ecology of                                                              
Denali National Park and Preserve, but she added that Yellowstone                                                               
National Park has had problems with wildlife harassment from                                                                    
snowmachiners and air pollution.  This has manifested itself in                                                                 
changes of foraging patterns of animals that are displaced by                                                                   
snowmachine usage, and she felt some studies have demonstrated                                                                  
population decline.                                                                                                             
                                                                                                                                
TAPE 99-03, SIDE B                                                                                                              
Number 0048                                                                                                                     
                                                                                                                                
SANDY KOGL testified via teleconference from Talkeetna.  She stated                                                             
she was representing herself and other quiet recreational users and                                                             
dog mushers in the Denali National Park and Preserve area.  She                                                                 
emphasized that she was adamantly opposed to SJR 5, and added that                                                              
she is in favor of permanent closure of the entire former Mount                                                                 
McKinley National Park to all snowmachine use.  She felt that this                                                              
was not a state issue because it is a national park, and that the                                                               
National Park Service is tasked with preserving and protecting                                                                  
those significant park values.                                                                                                  
                                                                                                                                
MS. KOGL continued, "It goes beyond the quiet rights issues and                                                                 
impacts upon winter stress to life.  What is fundamental here is                                                                
whether a 2-million acre, intact ecosystem, that has essentially                                                                
been untouched by winter recreationists, should be exposed to                                                                   
impacts from large numbers of snowmachiners.  There are very few                                                                
areas of Alaska that have been free from snowmobile travel.  This,                                                              
in itself, is reason enough to continue the closed status of the                                                                
old Mount McKinley park.  We cannot ever anticipate or prove all of                                                             
the consequences of opening it up to snowmobile use.  It will be                                                                
too late if we have to prove the damage after it has occurred."                                                                 
                                                                                                                                
MS. KOGL addressed Mr. Leaphart's references to unfair past                                                                     
closures of the old section of the park by park rangers.  She                                                                   
clarified that the closures have been by park policy, rather than                                                               
by regulation, and that responsible riders have usually informed                                                                
themselves of old park boundaries and respected the historic                                                                    
sanctity of them.  She added, "ANILCA is a wonderful document.  I                                                               
think it is something akin to the Bible;  it is open to a lot of                                                                
interpretation.  I think bringing this whole issue to the                                                                       
forefront, whether it be through the courts or whatever, is one of                                                              
the better things that has happened to clear the air."  She                                                                     
emphasized that snowmobiles were never historically or                                                                          
traditionally used for recreational purposes in the old Mount                                                                   
McKinley area of the park, and that any encroachments before 1980                                                               
by snowmachines were illegal.  She felt that allowing snowmachines                                                              
in the old section of the park was a blow to the values for which                                                               
the park was established.  She urged the committee to "take the                                                                 
high road, and to accept that some areas need to be set aside, free                                                             
from motorized snowmachine use, and maybe even free from dogsled or                                                             
skiing use.  Some areas need to be of value in themselves."                                                                     
                                                                                                                                
Number 0247                                                                                                                     
                                                                                                                                
ROLLIE OSTERMICK testified via teleconference from Talkeetna.  He                                                               
informed the committee that he has lived in the Talkeetna/Trapper                                                               
Creek area since 1973, and has traveled through this country by a                                                               
variety of means, including the two snowmachines he owns.  He                                                                   
stated that he was very opposed to SJR 5.  He said, "Snowmachines                                                               
have never traditionally been used in the national park, and, from                                                              
what I have seen recently, I hope they never are allowed in the                                                                 
park.  Caribou, which used to be plentiful throughout the Broad                                                                 
Pass valley, south of Cantwell and east of the park, now are                                                                    
primarily seen on the upper slopes of the mountains from about                                                                  
mid-December when the snowmachiners first arrive.  I have to wonder                                                             
if the caribou -- which are escaping the harassment of the                                                                      
snowmachines and live on the upper slopes -- what effect it has had                                                             
on their population."                                                                                                           
                                                                                                                                
MR. OSTERMICK cited a personal experience with a grizzly bear that                                                              
heard his snowmachine when he was still approximately 1/4-mile                                                                  
away, and he stated that the bear was in a full run in the opposite                                                             
direction.  Because of the park's importance to visitors from                                                                   
around the world, as well as the local economies from Fairbanks to                                                              
Anchorage, he felt it seemed foolish to jeopardize the park's                                                                   
abundant wildlife by snowmachine use.  With over 95 percent of the                                                              
public land already open to snowmachine use, he added, it would be                                                              
selfish not to continue to keep the park a quiet zone for the                                                                   
benefit of the many Alaska residents who enjoy skiing, dog sledding                                                             
and winter camping.  He testified that only four of approximately                                                               
23 to 25 people involved in the public hearing in Talkeetna last                                                                
November were in favor of snowmachines, and the rest were strongly                                                              
opposed.  He urged the committee to recognize that a good                                                                       
percentage of Alaskans, especially the people that live there,                                                                  
would like to have one area within the state remain a quiet                                                                     
wilderness.                                                                                                                     
                                                                                                                                
Number 0391                                                                                                                     
                                                                                                                                
MICHAEL EASTHAM, Homer Snowmads Snowmachine Club, testified on                                                                  
behalf of his club of 200 members in support of SJR 5.  He                                                                      
encouraged the committee to take the time to research whether or                                                                
not snowmachines have some damaging impact on the environment.  He                                                              
related that he has lived in Homer for 25 years, and he has                                                                     
snowmachined all over the moose range in Kenai during that time.                                                                
He emphasized that he has never seen any type of documented                                                                     
evidence from the National Park Service or ADF&G that snowmachines                                                              
have irreparably damaged the area when used during times of                                                                     
sufficient snow cover.  He stressed that the winter months are a                                                                
time when all the tourists are gone, and the people of Alaska have                                                              
a chance to see the wilderness.  He expressed sadness that the                                                                  
doors will be now be closed to people who live in Alaska to be able                                                             
to enjoy such a beautiful place.                                                                                                
                                                                                                                                
CHAIR BARNES agreed that Alaskans do not get as much of a chance to                                                             
enjoy the outside anymore because of the amount of people visiting                                                              
in the summer, and she added that a lot of people identify with                                                                 
winter sports.                                                                                                                  
                                                                                                                                
Number 0493                                                                                                                     
                                                                                                                                
REPRESENTATIVE PHILLIPS made a motion to move SJR 5 out of                                                                      
committee with individual recommendations and the attached fiscal                                                               
note(s).  There being no objection, SJR 5 was so moved from the                                                                 
House Special Committee on World Trade and State/Federal Relations.                                                             
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 0510                                                                                                                     
                                                                                                                                
CHAIR BARNES adjourned the House Special Committee on World Trade                                                               
and State/Federal Relations at 6:04 p.m.                                                                                        
                                                                                                                                

Document Name Date/Time Subjects