Legislature(2007 - 2008)SENATE FINANCE 532

02/28/2007 12:00 PM Senate RESOURCES


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12:09:26 PM Start
12:11:57 PM Presentation: Alaska Mining Industry: Major Mine Projects; Taxation; and Donlin Creek Workforce Development
01:22:10 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change --
Joint w/ (H) Resources
+ Mining Industry Briefing - Council of TELECONFERENCED
Alaska Producers
-- Testimony <Invitation Only> --
Bills Previously Heard/Scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
                         JOINT MEETING                                                                                        
              SENATE RESOURCES STANDING COMMITTEE                                                                             
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                       February 28, 2007                                                                                        
                           12:09 p.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
SENATE RESOURCES                                                                                                                
                                                                                                                                
 Senator Charlie Huggins, Chair                                                                                                 
 Senator Bert Stedman, Vice Chair                                                                                               
 Senator Gary Stevens                                                                                                           
 Senator Lesil McGuire                                                                                                          
 Senator Bill Wielechowski                                                                                                      
 Senator Thomas Wagoner                                                                                                         
                                                                                                                                
HOUSE RESOURCES                                                                                                                 
                                                                                                                                
 Representative Carl Gatto, Co-Chair                                                                                            
 Representative Craig Johnson, Co-Chair                                                                                         
 Representative Bob Roses                                                                                                       
 Representative Paul Seaton                                                                                                     
 Representative Peggy Wilson                                                                                                    
 Representative Bryce Edgmon                                                                                                    
 Representative Scott Kawasaki                                                                                                  
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
SENATE RESOURCES                                                                                                                
                                                                                                                                
 Senator Lyda Green                                                                                                             
                                                                                                                                
HOUSE RESOURCES                                                                                                                 
                                                                                                                                
 Representative Vic Kohring                                                                                                     
 Representative David Guttenberg                                                                                                
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Presentation: Alaska Mining Industry: Major Mine Projects;                                                                      
Taxation; and Donlin Creek Workforce Development                                                                                
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No action to report.                                                                                                            
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
STEVE BORELL, Executive Director                                                                                                
Alaska Miners Association                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Spoke of large mines in Alaska                                                                            
                                                                                                                                
KARL HANNEMAN, President                                                                                                        
Council of Alaska Producers                                                                                                     
Resource Development Council                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Spoke of mining taxation.                                                                                 
                                                                                                                                
STAN FOO, Alaska Manager                                                                                                        
Barrick Gold Corporation                                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Introduced Donlin Creek staff.                                                                            
                                                                                                                                
BILL BIEBER, Operations Manager                                                                                                 
Donlin Creek Project/Barrick Gold Corporation                                                                                   
POSITION STATEMENT: Spoke of local-hire initiatives.                                                                          
                                                                                                                                
GEORGE GARDNER, President (retired)                                                                                             
Chiulista Camp Services                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Spoke of local-hire initiatives.                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR CHARLIE HUGGINS called the  joint meeting of the Senate and                                                             
House  Resources Standing  Committees  to order  at 12:09:26  PM.                                                             
Senators  Huggins, McGuire,  Wielechowski, Wagoner,  Stevens, and                                                               
Stedman,  and Representatives  Edgmon, Kawasaki,  Wilson, Seaton,                                                               
Roses, Gatto and Johnson were present at the call to order.                                                                     
                                                                                                                                
^Presentation:  Alaska  Mining  Industry:  Major  Mine  Projects;                                                             
Taxation; and Donlin Creek Workforce Development                                                                              
                                                                                                                                
STEVE  BORELL,  Executive  Director, Alaska  Miners  Association,                                                               
said there are 70 placer operations  in the state, but others are                                                               
permitted.  Production  averages  about 25,000  ounces  per  year                                                               
around the  state. He showed an  image of a reclaimed  project at                                                               
Valdez Creek, which provided a new fishery in the area.                                                                         
                                                                                                                                
12:11:57 PM                                                                                                                   
MR.  BORELL  provided  a  list  of  mines  in  Alaska,  including                                                               
Usibelli coal, Greens Creek, Red  Dog, Fort Knox, Pogo, and Nixon                                                               
Fork.  The projects  under development  include Kensington,  Rock                                                               
Creek, Chulitna  coal, Donlin Creek  and the Pebble  project. The                                                               
Usibelli coal  mine has been  operating for  64 years and  has 95                                                               
employees and produces about 1.5 million tons of coal per year.                                                                 
                                                                                                                                
CHAIR HUGGINS noted that Agrium wants to use Usibelli coal.                                                                     
                                                                                                                                
MR. BORELL showed a photo of  Greens Creek, which is now attached                                                               
to  the  Juneau intertie  system.  The  added demand  will  allow                                                               
Alaska  Electric Light  and Power  to  build a  plant at  Dorothy                                                               
Lake. It  has 294  employees, and  63 live in  Juneau. He  said a                                                               
dormitory was constructed  to allow some people to  live on site.                                                               
He showed a photo  of the Red Dog zinc and lead  mine, and it has                                                               
a newly-paved  runway. It  has 450 employees  and 56  percent are                                                               
NANA  shareholders. He  said they  will be  drilling for  natural                                                               
gas, because energy is a major cost for them.                                                                                   
                                                                                                                                
12:18:36 PM                                                                                                                   
MR.  BORELL  showed  a  picture  of the  area  prior  to  mining.                                                               
Sometimes acid rock  drainage would kill fish  for several miles,                                                               
he said. He showed the Fort  Knox open pit mine. It employees 440                                                               
people and  has $39 million  in annual wages and  benefits. There                                                               
have been  no lost-time  accidents in four  years. He  showed the                                                               
Pogo surface  facilities near the  Goodpasture River.  It expects                                                               
full production  in May,  and it is  a computerized  modern mill.                                                               
The Nixon  Fork mine has  86 employees, 90 percent  are Alaskans,                                                               
and the annual payroll is $5.9  million. There have been no lost-                                                               
time injuries in the past four  years. He spoke of the Kensington                                                               
project north  of Juneau.  Crews will  be brought  across Berners                                                               
Bay by boat  and taken up to  the worksite by bus.  It expects to                                                               
join two  sides of an  800-foot tunnel in  July. The mine  has 60                                                               
permits  in  hand,   and  416  employees  are   on  site.  During                                                               
operations it will employ 200 workers, he explained.                                                                            
                                                                                                                                
12:24:19 PM                                                                                                                   
MR. BORELL  said the Rock Creek  Mine is in construction  and has                                                               
spent $66.4  million to date. It  will employ 135 people  with an                                                               
annual  payroll  of  $10.4  million. Chuitna  coal  will  have  a                                                               
supplemental environmental impact statement  by the fall of 2007.                                                               
An EIS  was completed many  years ago,  but the coal  prices fell                                                               
and  it halted  operations.  It  has a  12  million-ton per  year                                                               
capacity.  The coal  will be  loaded in  Cook Inlet  into vessels                                                               
with a draw of up to 60  feet. The Donlin Creek project has eight                                                               
drills operating, and it is completing its feasibility study.                                                                   
                                                                                                                                
12:27:34 PM                                                                                                                   
MR. BORELL  said the Donlin  Creek project has employees  from 23                                                               
villages in the  region. He said the Pebble  project has invested                                                               
$128 million  to date. In  2006 they  had four deep  drills. Over                                                               
700 people worked  on the project last year, and  70 percent were                                                               
Alaskans. In 2007  there will be eight deep  drills operating and                                                               
it will continue with its engineering studies.                                                                                  
                                                                                                                                
12:29:39 PM                                                                                                                   
KARL HANNEMAN,  President, Council of Alaska  Producers, said the                                                               
president of Alaskan Minerals and  Energy Resource Education Fund                                                               
provided  materials  for  the   committee.  He  said  Legislative                                                               
support  for   the  industry  is   important  and   he  expressed                                                               
appreciation for support of that  program. His council represents                                                               
a consortium  of the major  mining operations in Alaska.  He said                                                               
there  is a  state mining  license tax,  which was  a significant                                                               
component of  the resource policy  at statehood, and it  has been                                                               
amended  twice since  statehood. It  provides for  7 percent  net                                                               
profits  tax  on major  operations  payable  from all  operations                                                               
regardless of land status or mineral ownership.                                                                                 
                                                                                                                                
CHAIR HUGGINS  said there is  an ongoing debate about  net versus                                                               
gross tax, and he asked how long it has been a net tax.                                                                         
                                                                                                                                
MR. HANNEMAN said since 1913.                                                                                                   
                                                                                                                                
SENATOR  STEDMAN asked  for the  definition  of net  and all  the                                                               
deductions.                                                                                                                     
                                                                                                                                
12:32:47 PM                                                                                                                   
MR. HANNEMAN said the state  mining license allows a depreciation                                                               
schedule  that  is  consistent  with  the  federal  schedule.  It                                                               
provides  for  deduction  of  operating   expenses  and  cost  or                                                               
percentage depletion, and it is  a one-year look at the operating                                                               
cash flow  of the operations.  There are no carry  forward losses                                                               
or carry  back. It is  transparent and simple from  an accounting                                                               
standpoint.                                                                                                                     
                                                                                                                                
SENATOR STEDMAN said it is different from the net oil tax.                                                                      
                                                                                                                                
CO-CHAIR GATTO  asked what the  tax would be  if it was  on gross                                                               
income.                                                                                                                         
                                                                                                                                
12:34:11 PM                                                                                                                   
MR.  HANNEMAN said  the  objective of  a net  profits  tax is  to                                                               
provide for  a tax that  responds to  the health of  the industry                                                               
based on world  market prices, so you would have  to pick a point                                                               
in time to calculate what a gross tax would be.                                                                                 
                                                                                                                                
CHAIR HUGGINS asked if profits in mining are relatively small.                                                                  
                                                                                                                                
12:35:26 PM                                                                                                                   
MR. HANNEMAN said the profit margin  is low as compared to oil or                                                               
telecommunications. Commodity prices have increased  a lot in the                                                               
past few years, so mining operations are doing very well.                                                                       
                                                                                                                                
12:36:19 PM                                                                                                                   
MR.  HANNEMAN  said another  tax  component  is rents  on  mining                                                               
claims and royalties  on state leases, which came  about when the                                                               
state attorney  general questioned whether the  state was getting                                                               
adequate return  from its resources. The  legislature worked with                                                               
the industry  in 1982  and tried a  tax policy  modification that                                                               
ended with  years of  litigation. The  Alaska Supreme  Court said                                                               
the state  must charge rents  or royalties  on top of  the mining                                                               
license tax  from production on  state land. In 1989  a consensus                                                               
was  reached that  imposed both  rents and  royalties-"kind of  a                                                               
belts and  suspenders approach, but  one that was developed  in a                                                               
consensus-building  process  that  ultimately  went  through  the                                                               
legislature." It provides  for rents of up to $3.30  per acre per                                                               
year in  addition to a  royalty of 3  percent of net  profits. It                                                               
applies only to state land, he  noted. He said it is important to                                                               
note that  this occurred prior  to a "major  industry expansion."                                                               
It set  the groundwork  to allow that  expansion, he  opined, and                                                               
provided   sound  fiscal   policies  that   the  industry   could                                                               
understand prior to investing.                                                                                                  
                                                                                                                                
12:39:33 PM                                                                                                                   
MR.  HANNEMAN showed  the total  value of  mineral production  in                                                               
Alaska and  the production  from state  land. The  increases over                                                               
the past  years have been from  federal or Native lands.  He said                                                               
that zinc  has the highest  value, and  it is produced  at Greens                                                               
Creek  and Red  Dog.  Gold is  also a  major  driver of  Alaska's                                                               
mineral industry, he  added. The price of zinc  was depressed for                                                               
many years  and the mines were  only hanging on. Fort  Knox had a                                                               
tough  time with  several capital  write-downs  when gold  prices                                                               
were low. It takes a long-term perspective, he stated.                                                                          
                                                                                                                                
12:42:03 PM                                                                                                                   
MR. HANNEMAN  said the Red Dog,  for the first time  in 21 years,                                                               
has announced "a full capital  recovery including interest factor                                                               
as of the end  of 2006." He showed a graph  of the cumulative net                                                               
investment in  the Pogo  project, which  is now  transitioning to                                                               
production  after  more  than  a  decade  since  its  substantive                                                               
investment began. The increased  commodity prices show increasing                                                               
profitability   and  payments.   He   showed   the  payments   to                                                               
municipalities,  which  are generally  stable  and  not based  on                                                               
commodity  prices.  A  smaller   increment  is  state  rents  and                                                               
royalties,  but  the mining  license  and  income taxes  increase                                                               
rapidly with commodity prices.                                                                                                  
                                                                                                                                
12:44:32 PM                                                                                                                   
MR.  HANNEMAN said  Fort Knox  mine  is on  Alaska Mental  Health                                                               
Trust land, and  he showed the payment to the  trust. He spoke of                                                               
a  Department of  Commerce report  and the  net return  to Alaska                                                               
from timber, tourism, minerals,  and commercial fisheries. Mining                                                               
provides smaller  revenue, but  there is less  cost to  the state                                                               
regulators.                                                                                                                     
                                                                                                                                
12:46:20 PM                                                                                                                   
MR.  HANNEMAN said  he  has  been asked  if  mineral payments  to                                                               
municipalities are relevant or significant.  He showed a graph of                                                               
"the  state  sharing of  the  fish  tax  that  goes back  to  the                                                               
municipalities,  and when  that sharing  does occur,  the mineral                                                               
industry  is   paying  a  reasonable  share   compared  to  other                                                               
industries." He showed the gross  value of the industries and the                                                               
net returns.  He pointed out the  data for FY05, but  he believes                                                               
it  missed the  rentals  paid  by the  mining  industry. He  then                                                               
showed  the  same  chart  with   the  same  gross  value  of  the                                                               
industries and the  net return to the state as  a percent of that                                                               
gross value.                                                                                                                    
                                                                                                                                
12:49:05 PM                                                                                                                   
MR. HANNEMAN said the Red Dog  mine has paid NANA Regional Native                                                               
Corporation $185 million since 1989,  and payments are increasing                                                               
substantially.  He  showed  a chart  of  distributions  to  other                                                               
Native  corporations through  the 7(i)  sharing. He  believes the                                                               
mining  industry  can  support economic  development  in  diverse                                                               
areas  of   Alaska.  He  summarized   that  mining   can  provide                                                               
regionally significant private-sector  economic opportunity, "but                                                               
we'll never  compare to the  magnitude of  oil and gas."  He said                                                               
mining  pays its  fair  share  to the  state,  compared to  other                                                               
industries.  It pays  taxes on  profits whether  it is  extracted                                                               
from  state, federal  or private  land. Tax  payments are  rising                                                               
commensurate with  commodity prices.  The tax regime  is working,                                                               
and stable fiscal  and regulator policy is needed  to attract the                                                               
capital  to  allow  the  industry  to  reach  its  potential,  he                                                               
concluded.                                                                                                                      
                                                                                                                                
12:51:40 PM                                                                                                                   
SENATOR WAGONER asked when the tax structure was last changed.                                                                  
                                                                                                                                
MR. HANNEMAN  said it  was when  the rent  and royalty  issue was                                                               
resolved in 1989, other than regulatory adjustments.                                                                            
                                                                                                                                
SENATOR WAGONER asked why Mr.  Hanneman made taxation comparisons                                                               
to fishing and tourism, and but not to oil and gas.                                                                             
                                                                                                                                
MR. HANNEMAN  said he was  relying on  a state report,  but there                                                               
are more  similarities with timber,  tourism and  fishing because                                                               
of  the scope  and worldwide  capital recovery  rates in  the oil                                                               
industry.                                                                                                                       
                                                                                                                                
12:53:35 PM                                                                                                                   
SENATOR  WIELECHOWSKI  asked  the   net  profits  of  the  mining                                                               
industry last year and the percentage of revenue.                                                                               
                                                                                                                                
MR. HANNEMAN said he doesn't have the 2006 return yet.                                                                          
                                                                                                                                
CHAIR HUGGINS asked for that information at the end of April.                                                                   
                                                                                                                                
12:54:30 PM                                                                                                                   
STAN  FU, Alaska  Manager, Barrick  Gold Corporation  and project                                                               
manager for the  Donlin Creek project said the project  is in the                                                               
Yukon-Kuskokwim  region near  the  village of  Crooked Creek.  He                                                               
said  Placer  Dome  began  the  project and  was  taken  over  by                                                               
Barrick,  which  has  continued the  local  hiring  efforts.  The                                                               
feasibility study will be complete by November, he said.                                                                        
                                                                                                                                
BILL  BIEBER, Operations  Manager,  Donlin Creek  Project/Barrick                                                               
Gold Corporation, said  work force development has been  a lot of                                                               
trial and error, but "it's a  story that we're certainly proud to                                                               
talk about."                                                                                                                    
                                                                                                                                
GEORGE  GARDNER, President  (retired),  Chiulista Camp  Services,                                                               
said Chiulista's  parent corporation  is Calista  Regional Native                                                               
Corporation. Donlin  Creek has a  five percent  bidder preference                                                               
built  into  the lease  agreement  for  any subsidiary  or  joint                                                               
venture of Calista. Maximum shareholder hire is required too.                                                                   
                                                                                                                                
MR. BIEBER  said in  1995 Placer Dome  entered an  agreement with                                                               
Calista for an exploration  program. Any shareholder, descendent,                                                               
or  spouse will  have  hiring preference  at  the site.  Problems                                                               
developed  early; the  turnover rate  was 318  percent. It  would                                                               
have been  easy to modify  the programs, but instead  the company                                                               
went to the villages and asked  people why they quit. The program                                                               
was retooled, he said.                                                                                                          
                                                                                                                                
MR.  GARDNER said  the villages  were  kept updated  on what  was                                                               
happening, whether  it was good news  or bad news. It  started an                                                               
open dialogue.  The village tours  emphasized the  zero tolerance                                                               
of  drugs or  alcohol  for  employees. Once  that  was known,  it                                                               
contributed to an overall sobering of the villages, he said.                                                                    
                                                                                                                                
MR. BIEBER  said the  mine provided an  opportunity to  learn and                                                               
fostered job advancement. The success  of the program depended on                                                               
how quickly  the general workforce  could advance  to supervisory                                                               
positions. Discussions included  the cultural differences between                                                               
eastern and western cultures. He  said it was important to create                                                               
an  environment  where  people  could be  successful.  It  is  an                                                               
exploration  program, so  the  jobs are  not  routine. There  are                                                               
different challenges each day, he  explained. In 2005 the work at                                                               
Donlin Creek expanded and the work force escalated.                                                                             
                                                                                                                                
1:05:34 PM                                                                                                                    
MR. BIEBER said there were  almost 45 percent more employees, and                                                               
at the  end of 2005 there  was over 92 percent  shareholder hire;                                                               
pre-employment  fail rate  dropped to  virtually nothing;  random                                                               
screen fail  rate was  5 percent;  and turnover  went down  to 10                                                               
percent. In 2006  the program became bigger than  could have been                                                               
imagined:  275,000 feet  of core  were drilled  and the  camp was                                                               
expanded to  150 people. The workforce  was doubled in two  and a                                                               
half months.  He said  he expected higher  rates of  turnover and                                                               
drug  and alcohol  failure rates,  but an  initial core  group of                                                               
employees mentored the new employees.                                                                                           
                                                                                                                                
1:07:19 PM                                                                                                                    
MR.  GARDNER  said  Chiulista Camp  Services  employed  over  200                                                               
shareholders  in 2006  with  over  $6 million  in  wages. He  saw                                                               
improvement  in  all  skill  levels. Even  if  the  mine  doesn't                                                               
operate  there   will  be  a   great  prospect   for  career-type                                                               
employment for the people in  the region. They developed a strong                                                               
sense of pride, commitment, and  community. It has become a model                                                               
for indigenous entities in rural Alaska, he opined.                                                                             
                                                                                                                                
1:08:18 PM                                                                                                                    
MR. GARDNER listed  villages that had employees  at Donlin Creek.                                                               
Chiulista  Camp  Services is  a  wholly-owned  subsidiary of  the                                                               
Calista Corporation. It  was incorporated in 1996  because of the                                                               
Donlin Creek  project and provides the  remote-site catering camp                                                               
management services.  It now  has an SBA  8(a) contract  with the                                                               
federal  government to  provide personnel  outside of  Alaska, he                                                               
said. It  can cater up  to a 150-person  remote site camp.  It is                                                               
developing shareholder cooks and housekeepers.                                                                                  
                                                                                                                                
1:10:07 PM                                                                                                                    
MR. GARDNER  said the company  provided drilling  assistants, but                                                               
now there are 10 shareholders  trained as drillers, and there are                                                               
more  on the  way.  It  also caters  other  remote projects  from                                                               
Petersburg  to  Prudhoe  Bay.  In  2004  it  purchased  Mayflower                                                               
Catering  in Anchorage  with a  commercial  kitchen. Mr.  Gardner                                                               
said there  is a  silent partnership with  Barrick Gold,  and "by                                                               
working together on  this over such a period of  time, we've been                                                               
able to have that mutual trust and  respect, and we hope to go on                                                               
and do bigger and better things."                                                                                               
                                                                                                                                
1:12:23 PM                                                                                                                    
MR. BIEBER  showed photos  of workers and  introduced two  in the                                                               
audience who deserve much credit for the program's success.                                                                     
                                                                                                                                
1:14:10 PM                                                                                                                    
MR.   BIEBER  listed   other   employees,   including  those   in                                                               
purchasing; paramedic and  safety; laboratory work; geo-technical                                                               
work;   administration;   electrical   work;   human   resources;                                                               
environmental   geology;   core   cutting;   field   supervision;                                                               
equipment maintenance; catering; and  camp counseling. Control of                                                               
alcohol has been a problem, so  the project has its own counselor                                                               
who has  meetings on site  and with  the spouses in  the village.                                                               
The project is sponsoring a  five-day session in Kako, and twelve                                                               
employees and spouses  will attend. He said there  are many tours                                                               
for elders in the region in order to listen to their concerns.                                                                  
                                                                                                                                
1:19:17 PM                                                                                                                    
MR. BIEBER  said the  project is  trying to gear  up to  become a                                                               
mine  so  there will  be  more  growth.  There are  214  regional                                                               
employees on the payroll, and that  is a good start, he said. "We                                                               
do  the impossible  on a  daily basis,  and miracles,  well, they                                                               
take a little longer," he stated.                                                                                               
                                                                                                                                
1:19:59 PM                                                                                                                    
CHAIR HUGGINS thanked the presenters.  He said, "If you are going                                                               
to have a  job in some of  the more remote areas,  it is probably                                                               
resource-related." He surmised that some  of the best therapy for                                                               
people  is a  job,  which  provides hope  for  peoples and  their                                                               
children. He adjourned the meeting at 1:22:10 PM.                                                                             
                                                                                                                                
                                                                                                                                

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