Legislature(2001 - 2002)

04/03/2001 01:35 PM Senate TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                     ALASKA STATE LEGISLATURE                                                                                   
                  SENATE TRANSPORTATION COMMITTEE                                                                             
                           April 3, 2001                                                                                        
                             1:35 p.m.                                                                                          
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Cowdery, Chair (via teleconference)                                                                                
Senator Jerry Ward, Vice Chair                                                                                                  
Senator Robin Taylor                                                                                                            
Senator Kim Elton                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Gary Wilken                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION    BY   RICHARD   ODSATHER    ON   RIGHTS-OF-WAY    AND                                                            
TRANSPORTATION CORRIDORS IN ALASKA                                                                                              
                                                                                                                                
SENATE BILL NO. 44                                                                                                              
"An Act establishing an Alaska Toll Bridge and Causeway Authority;                                                              
and providing for an effective date."                                                                                           
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
SENATE BILL NO. 45                                                                                                              
"An Act making an appropriation for the design of the Knik Arm                                                                  
crossing; and providing for an effective date."                                                                                 
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
SB 44 - See Transportation minutes dated 3/22/01, 4/3/01.                                                                       
                                                                                                                                
SB 45 - See Transportation minutes dated 3/22/01, 4/3/01.                                                                       
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 01-12 SIDE A                                                                                                             
Number 001                                                                                                                      
                                                                                                                                
                                                                                                                                
VICE-CHAIRMAN JERRY WARD called the Senate Transportation Committee                                                           
to order at 1:35 p.m. Present  were Senators Taylor and Cowdery, who                                                            
participated  via teleconference.    The committee  invited  Richard                                                            
Odsather to speak on rights-of-ways  and transportation corridors in                                                            
Alaska.                                                                                                                         
                                                                                                                                
MR. RICHARD ODSATHER gave the following presentation.                                                                           
                                                                                                                                
     Thank you very much, first  of all, for taking notice that                                                                 
     this  program had been  developed back  in the early  '90s                                                                 
     and  I'm glad to be  able to provide  some information  to                                                                 
     you.                                                                                                                       
                                                                                                                                
     A little  bit of my  background so that  you maybe feel  a                                                                 
     little   bit  more   secure.  My  background   is  Arctic                                                                  
     engineering.   I was  born and raised  here in Alaska  and                                                                 
     educated up  in Fairbanks and I've dealt with  oil and gas                                                                 
     since I graduated  from the University in 1970.   Prior to                                                                 
     going  on my  own here  [indisc.],  I was with  the  state                                                                 
     pipeline  coordinator's  office  in  Anchorage  as deputy                                                                  
     pipeline coordinator from  1990 through 1997.  During that                                                                 
     tenure   the  commissioner   of   DNR  was   provided   an                                                                 
     appropriation   of   money   to  develop   transportation                                                                  
     corridors  and part of that was because the Department  of                                                                 
     Transportation  didn't want  to do it.   So, we developed                                                                  
     that program and there's  approximately - just to give you                                                                 
     the  big numbers, there's  approximately  10,000 miles  of                                                                 
     route.                                                                                                                     
                                                                                                                                
     If you  look at the  one chart that  Don has put together                                                                  
     there,  it shows  an overall  map.  The  corridors are  in                                                                 
     yellow and  then on that are superimposed the  selected...                                                                 
     [Mr.  Odsather  was  temporarily  disconnected   from  the                                                                 
     teleconference system.]                                                                                                    
                                                                                                                                
VICE-CHAIRMAN WARD announced that Senator Elton was present.  He                                                                
asked Mr. Odsather to proceed.                                                                                                  
                                                                                                                                
MR. ODSATHER continued.                                                                                                         
                                                                                                                                
     As I said, on the map, the  thin yellow lines on there are                                                                 
     the corridors that were  selected and there's about 10,000                                                                 
     miles  of route  there that  goes southeast,  all the  way                                                                 
     down  to Cold Bay,  up to Point  Lay, and  across the  top                                                                 
     over  to the  ANWR area.   Superimposed  on  that are  the                                                                 
     highly  valued  mineral lands  and also  the  oil and  gas                                                                 
     areas.                                                                                                                     
                                                                                                                                
     Our  particular  charge,  when  that  was then  to  be  by                                                                 
     Commissioner  Heinz, who was  commissioner of DNR, was  to                                                                 
     develop no new routes.   In other words, we had to go back                                                                 
     through the work that had  to be done from the late 1800s,                                                                 
     early 1900s,  what the Federal Highway Administration  had                                                                 
     done and what the Department  of Transportation and Public                                                                 
     Facilities  had done and from that to make a synthesis  of                                                                 
     routes that were multimodal.  Multimodal - that means that                                                                 
     they're used for oil and  gas, they're used for railroads,                                                                 
     they're used  for roads, for all utilities and  so on, and                                                                 
     the limiting  factor on the corridors was that  they could                                                                 
     be no more  than a percent and a half grade, which  is the                                                                 
     limiting grade for railroads.                                                                                              
                                                                                                                                
     So,  with that  in  mind, what  we did  is we  used  those                                                                 
     corridors  and initially,  without  regard to  any of  the                                                                 
     land ownership  issues, terrain  issues, [indisc.] almost                                                                  
     anything,  was  to develop  a route  for  each particular                                                                  
     corridor  that  appeared   to  be safe,   appeared  to  be                                                                 
     constructible,  and so  on.  From that,  then we got  with                                                                 
     the  folks   in  Fairbanks,  through  the  [Division]   of                                                                 
     Geological and Geophysical  Surveys, which was part of the                                                                 
     DNR.   They, for  60 percent  of the routes,  developed  a                                                                 
     geology for  five miles on either side of center  line and                                                                 
     then from that we made a  derivative map that showed, what                                                                 
     they  call, the geology  materials map,  which to us,  the                                                                 
     engineering  team, means that's  gravel or sand - there's                                                                  
     organics there  even though the construction [indisc.]  is                                                                 
     to  build  roads, railroads,  lay  down  areas, airports,                                                                  
     villages, whatever.                                                                                                        
                                                                                                                                
     The  third derivative  that  we had  coming  out of  that,                                                                 
     which  is also  in front  of you,  is what  they call  the                                                                 
     geologic  hazards map.  Those  are to tell us where  there                                                                 
     was glaciering, where there  were avalanches, what kind of                                                                 
     permafrost was in the area.   There's another map that you                                                                 
     don't  have  there which  is called  Geologic  Hazards  2,                                                                 
     which tells us [indisc.]  what happens with rapid movement                                                                 
     during earthquakes,  where the earthquakes are,  where the                                                                 
     fault zones  are.  And then there's another map  that also                                                                 
     shows what we call Data  Quality.  If it was good data, it                                                                 
     would show up in a certain  color.  If it was not so good,                                                                 
     it would  show up and  it would tell  us that the sources                                                                  
     that we were using - we  had good sources or we had to use                                                                 
     information  from satellite imagery,  false color photos,                                                                  
     that type of thing, to develop our geology.                                                                                
                                                                                                                                
     With that  particular information, we also married  in the                                                                 
     work that  had been done by the  Alaska Energy Group  that                                                                 
     identified  where there were  dams that could be used  for                                                                 
     hydropower, mine belt power,  like up in Northwest Alaska,                                                                 
     geothermal  power,  say  down  in  the  southern  part  of                                                                 
     Alaska, and wind power,  and let that tie into our overall                                                                 
     corridor program.   In addition to that, then  we also put                                                                 
     the port studies  for the entire state of Alaska  and tied                                                                 
     that in.   We were apparently limited by the right  of the                                                                 
     federal government to select  the land and stake the land.                                                                 
                                                                                                                                
     If you  look at the state lands  today, if you had a  land                                                                 
     ownership map in front of  you, you'd find the center core                                                                 
     of  Alaska  is  where  Alaska  can  really  choose   land.                                                                 
     Everything  around  all of the  water, the  border issues                                                                  
     around Canada, were selected  by the federal government or                                                                 
     by the Native  corporations.  It had a limiting  effect on                                                                 
     how  we could  effectively  develop the  corridor system.                                                                  
     With that in mind, then  you looked at the legal issues of                                                                 
     how we could get there from  here because obviously ANILCA                                                                 
     was one  of the great contributors  to limiting Alaska  to                                                                 
     achieving its resources.   In other words, it made it very                                                                 
     difficult  to get there  from here.   For example, if  you                                                                 
     wanted  to go from Ambler up  to Point Lay, you had  to go                                                                 
     through  federal land and part  of our exercise was,  that                                                                 
     if  you remember  back  in  1957, much  of  Alaska wasn't                                                                  
     surveyed.   It  still  isn't   surveyed  by  the  federal                                                                  
     government  yet.   But in order  to get the  land done  in                                                                 
     1957, the  federal government decided that they  would use                                                                 
     a protracted  survey.  Now for  those of you that are  not                                                                 
     familiar  with  that  term, that  means  that they  use  a                                                                 
     pencil, and  they drew the section lines with  a pencil on                                                                 
     paper  and they considered that  as a legal mechanism  for                                                                 
     transfer of lands.                                                                                                         
                                                                                                                                
     If you look at ANILCA, ANILCA  recognized those protracted                                                                 
     surveys  because  later on  the areas  that  wanted to  be                                                                 
     picked up by Udall and so  on had to be identified legally                                                                 
     and so it  was done with protracted surveys.   The federal                                                                 
     government  did that  and it was recognized.   Using  that                                                                 
     information through our  legal people, we used that as the                                                                 
     method  to go through  the federal lands  - through  parks                                                                 
     and so on.   [Indisc.] presentations to our AG,  the state                                                                 
     attorney general  - two specific issues.  One  was: can we                                                                 
     use  those  protracted  surveys  for  access  to Alaska's                                                                  
     resources    and   to    tidewater    and   to   existing                                                                  
     infrastructure?   The second was that back in  1812, there                                                                 
     was  a  treaty  between  Russia  and  Great  Britain  that                                                                 
     allowed free  access through the Pacific Ocean  to Canada.                                                                 
     That means through the Yukon  River to Canada, through the                                                                 
     Taku,  through the  Stikine,  Bradfield Canal,  all  those                                                                 
     areas are  legal access to Canada from the Pacific  Ocean.                                                                 
     So we asked  the attorney general for the reading  on that                                                                 
     particular  issue  and,  unfortunately,  we  never  got  a                                                                 
     reading  on either  one of  them.  That's  something  that                                                                 
     needs to be pursued.                                                                                                       
                                                                                                                                
     The corridor  system, in talking with DNR last  week - the                                                                 
     Department  of Natural  Resources  - has  not really  done                                                                 
     anything  in the  past eight  years to  assure that  those                                                                 
     lands  are being  transferred to  the state.   All of  the                                                                 
     lands  were identified  in  a protracted  survey, legally                                                                  
     identified, and sent to  BLM electronically.  They were to                                                                 
     transfer  those  lands back  to the  State of  Alaska  but                                                                 
     there's  something  going on  internally and  part of  the                                                                 
     problem  is  that  the  corridor program  has  not  had  a                                                                 
     champion to  assure that DNR's doing its job and  that BLM                                                                 
     is doing its job.                                                                                                          
                                                                                                                                
     Part of this presentation  is to let you know: a) that the                                                                 
     study  was  done  and  that  the  lands   were  sent  over                                                                 
     electronically  to BLM for transfer  to the state and  not                                                                 
     much  has been done  since then.   I don't  know what  the                                                                 
     status  is.  When I left, there  [were] 23 corridors  that                                                                 
     were  to  be  transferred  to the  state  as  the highest                                                                  
     priority.   When  I called  DNR, they have  absolutely  no                                                                 
     knowledge of what the status is.                                                                                           
                                                                                                                                
     I think  it's important  for the state,  in its long  term                                                                 
     view,  to take on all of these  corridors and get them  in                                                                 
     the  state's  ownership  because although  you  may  never                                                                 
     build  them, you  will  have the  opportunity  to use  the                                                                 
     plates  and even if  you don't use them,  at least it's  a                                                                 
     method  to secure  the state's  future.   A  lot of  those                                                                 
     routes are on state land,  for example.  As far as I know,                                                                 
     that  was one of the  first charges that  was going to  be                                                                 
     handled   by  Glen  Olds,  who  was  an  ex-commissioner,                                                                  
     [indisc.]  and the state  lands where  the corridors  went                                                                 
     through were  never transferred into state ownership.   As                                                                 
     a  result,  there  are people  that  are  selecting  those                                                                 
     corridors for their use,  like the Mental Health Trust and                                                                 
     so on.                                                                                                                     
                                                                                                                                
     I  think that  there's going  to be  a problem  in future                                                                  
     development  and it  may cause  those corridors  to go  in                                                                 
     another direction,  which they may not do because  they're                                                                 
     legally  bound  by federal  constraints  or  that there's                                                                  
     going  to be a high cost that's  going to be added to  the                                                                 
     corridor  system.   Maybe  the best  thing to  do at  this                                                                 
     point is,  if there's any questions that any of  you have,                                                                 
     let me know and I'll try and answer them for you.                                                                          
                                                                                                                                
Number 910                                                                                                                      
                                                                                                                                
VICE-CHAIRMAN WARD thanked  Mr. Odsather for his testimony and noted                                                            
that committee  members may have questions that they  will submit to                                                            
Mr.  Odsather  once they  have  reviewed  the documents  before  the                                                            
committee.                                                                                                                      
                                                                                                                                
MR. ODSATHER  pointed out  that the portion  of the report  that was                                                            
written in 1993 was sent to Representative Jeanette James.                                                                      
                                                                                                                                
VICE-CHAIRMAN WARD said  he was aware that Representative James used                                                            
that report for  the railroad corridor bill and that  he is familiar                                                            
with the package that she has.                                                                                                  
                                                                                                                                
MR. ODSATHER added that there is a three-drawer file at the                                                                     
DOTPF  Division  of Highways  and  one  in Anchorage  at  the  State                                                            
Pipeline  Coordinator's Office  that contains  all of the maps,  the                                                            
report and  other information.   He emphasized  the need to  get the                                                            
corridor project going.  He offered to help in any way he can.                                                                  
                                                                                                                                
SENATOR  COWDERY noted  that  he found  Mr. Odsather's  report  very                                                            
interesting  and  that he  would  like to  draft  some legislation,                                                             
perhaps  with the  Senate Resources  Committee, "to  get this  thing                                                            
going."                                                                                                                         
                                                                                                                                
VICE-CHAIRMAN  WARD stated that Don  Smith, committee aide,  will be                                                            
reviewing those files.                                                                                                          
                                                                                                                                
SENATOR TAYLOR  thanked Mr. Odsather for his comments.   He is aware                                                            
there is a three-drawer  file cabinet filled with  the summarization                                                            
that was done  under the Hickel Administration  in 1993,  concerning                                                            
access corridors, but he  would bet that cabinet has not been opened                                                            
in the last six to eight years.                                                                                                 
                                                                                                                                
MR. ODSATHER  said regarding the route  from Ambler to the  Colville                                                            
area, the  cart is before  the horse because  any land changes  from                                                            
what was originally done  on these corridors is going to cost Alaska                                                            
dearly, from what he hears from BLM.                                                                                            
                                                                                                                                
SENATOR  TAYLOR maintained  that was  intended  because nothing  has                                                            
been done  in the last six  years to protect  any of the  corridors.                                                            
He expressed  doubt about the legislature's  ability to pass  a bill                                                            
to build a road that won't get vetoed.                                                                                          
                                                                                                                                
MR. ODSATHER said the suggestion  is not to build a road but to have                                                            
that piece of land available for future use out to 150 years.                                                                   
                                                                                                                                
SENATOR  TAYLOR said  he understands  that.    He  said, "I've  been                                                            
trying to  get them to  select the Bradfield  Road and the  corridor                                                            
that it lies within.  They've  refused to do that for six years, and                                                            
I've tried  to get  them to  select at  least an  easement of  state                                                            
lands  selection across  the Cleveland  Peninsula  so that we  could                                                            
eventually tie  Southeast Alaska together and they've  refused to do                                                            
any of that."                                                                                                                   
                                                                                                                                
VICE-CHAIRMAN  WARD  thanked  Mr.  Odsather and  informed  him  that                                                            
committee  staff would  prepare three  questions  for Odsather.   He                                                            
believes  the  corridor situation  needs  to  be addressed  and  the                                                            
committee would begin work  with the Senate Resources Committee.  He                                                            
informed  participants  that SB  44 and  SB  45 would  not be  heard                                                            
today.  He then adjourned the meeting at 1:55 p.m.                                                                              

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