SENATE TRANSPORTATION COMMITTEE February 23, 1993 3:40 p.m. MEMBERS PRESENT Senator Bert Sharp, Chairman Senator Randy Phillips, Vice Chairman Senator Tim Kelly Senator Georgianna Lincoln MEMBERS ABSENT Senator Jay Kerttula COMMITTEE CALENDAR SENATE BILL NO. 82 "An Act relating to the Dalton Highway." PREVIOUS SENATE COMMITTEE ACTION SB 82 - See Transportation minutes dated 2/16/93 and 2/18/93. WITNESS REGISTER Steve Soenksen, Legislative Staff to Senator Bert Sharp State Capitol Juneau, Alaska 99801 POSITION STATEMENT: Answered questions on SB 82. Richard Wright 3910 Tilleson Way North Pole, Alaska 99705 POSITION STATEMENT: Testified in support of SB 82. Jeslie Kaleak, Sr., Mayor North Slope Borough Box 69 Barrow, Alaska 99723 POSITION STATEMENT: Testified against SB 82. Dean McKenzie Frontier Transportation 10460 Old Seward Highway Anchorage, Alaska 99515 POSITION STATEMENT: Testified against SB 82. Leonard Lampe P.O. Box 269 Nuiqsut, Alaska 99789 POSITION STATEMENT: Testified against SB 82. Lance Hathaway 387 Pausanna Street Nuiqsut, Alaska 99789 POSITION STATEMENT: Testified on SB 82. Troy Thacker Cold Foot, Alaska POSITION STATEMENT: Testified on SB 82. Ron Bergman Allakaket, Alaska 99720 POSITION STATEMENT: Testified against SB 82. Tony Susook Box 1145 Barrow, Alaska 99723 POSITION STATEMENT: Testified against SB 82. Valerie Mundt Greater Fairbanks Chamber of Commerce 709 2nd Avenue Fairbanks, Alaska 99701 POSITION STATEMENT: Testified in support of SB 82. Harry McDonald Carlile Trucking 1524 Ship Anchorage, Alaska 99501 POSITION STATEMENT: Testified on SB 82. Mark Morry Box 21092 Anaktuvuk, Pass 99721 POSITION STATEMENT: Testified against SB 82. Mike Walleri, General Counsel Tanana Chiefs Conference 122 First Avenue Fairbanks, Alaska 99701 POSITION STATEMENT: Testified against SB 82. Dave Lacey, Manager Yukon River Tours 214 Second Avenue Fairbanks, Alaska 99701 POSITION STATEMENT: Testified against SB 82. Lou Brown Northern Alaska Environmental Center 218 Driveway Fairbanks, Alaska 99701 POSITION STATEMENT: Testified against SB 82. Lana Wegner Petitioners for Safety on the Haul Road 1031 Northwood Fairbanks, Alaska 99712 POSITION STATEMENT: Testified in support of SB 82. Martin King, Owner Irish Trucking and President of the Alaska Trucking Association 1003 Aspen Street Fairbanks, Alaska 99709 POSITION STATEMENT: Testified in support of SB 82. Eddie Bergman, Mayor City of Allakaket P.O. Box 30 Allakaket, Alaska 99720 POSITION STATEMENT: Testified against SB 82. Frank Dillon, Executive Director Alaska Trucking Association 3443 Minnesota Drive Anchorage, Alaska 99503 POSITION STATEMENT: Testified in support of SB 82. Annette Koch P.O. Box 30 Ester, Alaska 99725 POSITION STATEMENT: Testified in support of SB 82. Harold Gilliam 104 Second Avenue Fairbanks, Alaska 99701 POSITION STATEMENT: Testified in support of SB 82. George Lounsbury P.O. Box 70983 Fairbanks, Alaska 99707 POSITION STATEMENT: Testified in support of SB 82. Chip Toma 2 Marine Way, #204 Juneau, Alaska 99801 POSITION STATEMENT: Testified against SB 82. Wayne Regelin, Deputy Director Division of Wildlife Conservation Department of Fish and Game P.O. Box 25526 Juneau, Alaska 99802-5526 POSITION STATEMENT: Answered questions on SB 82. Mary Forbes, Volunteer Alaska Environmental Lobby 1116 Sebiel Lane #2 Kodiak, Alaska 99615 POSITION STATEMENT: Testified against SB 82. ACTION NARRATIVE TAPE 93-8, SIDE A Number 001 CHAIRMAN SHARP called the Senate Transportation Committee to order at 3:40 p.m. The only order of business to come before the committee was SB 82 (OPENING THE DALTON HIGHWAY). Chairman Sharp indicated that he has scheduled a teleconference on the measure. Number 037 SENATOR LINCOLN asked Chairman Sharp if his intent is to hold the bill for further testimony. Chairman Sharp indicated that the bill would be held for further testimony. Senator Lincoln referred to the last hearing where she had asked several questions and requested written responses, she indicated she hasn't received anything and asked what that status is. Chairman Sharp said he believes that one of the questions was to request a copy of the Bureau of Land Management (BLM) Dalton Highway Recreational Management Plan and indicated it is in the committee member's folders. He also noted that there was a question from Senator Kelly if there would be a guaranteed year around intention to maintain the road. He said he is currently awaiting a written response from Senator Frank, sponsor of the bill. Senator Lincoln said she asked several questions: 1. Could the committee get and update from Commissioner Blatchford on the ongoing discussions between the State of Alaska, Tanana Chiefs Conference (TCC), and the North Slope Borough; 2. Would the committee request a report from the Subsistence Division of the Department of Fish and Game on the impact of subsistence use along the Dalton Highway and what protections there would be for subsistence users; 3. What us the status on the ongoing litigation involving the Dalton Highway; 4. Is there any positions by the industry on opening the Dalton Highway to public access; and 5. If there is any gas line construction, would it be required that the road be restricted to industrial and commercial uses. Senator Lincoln thanked Chairman Sharp for holding the bill and possibly having the answers to her questions at the next meeting. Chairman Sharp indicated that Steve Soenksen of his staff had some answers to her questions. Number 104 STEVE SOENKSEN, legislative staff to Senator Sharp, said in the committee member's packets is a copy of the BLM Resource Report and facilities that they envision for the Dalton Highway. He referred to the status of the law suit and said he believes that there is someone in attendance from the Department of Law that could speak to the law suit and some other issues. He said he understands that there are some people on teleconference who will be speaking to the industry concerns of opening the road. Mr. Soenksen said Commissioner Blatchford is currently attending a village conference meeting and will be presenting some information there. He noted that he had received a phone call from the Department of Fish and Game and the Subsistence Division will be forwarding some information to the committee. RICHARD WRIGHT, testifying from Fairbanks, indicated he has some concerns. The first is in relation to current budget reductions that have been imposed on the Dalton Highway. He referred to a previous budget and said $6 million was requested and it was reduced to $4.2 million. Hopefully, if the road is opened, the budget will be increased so that the road can be kept safe. CHAIRMAN SHARP indicated there is currently a request for an amendment in the Governor's FY 94 operating budget of $1.9 million. He said he believes that it appears in the proposed 1994 budget at approximately the $6.3 million level. Mr. Wright said he hopes that the legislation becomes law. JESLIE KALEAK, SR., Mayor, North Slope Borough, testified against opening the Dalton Highway to unrestricted public use. The major concern is for the safety of the traveling public. The road is not adequately maintained by the Department of Transportation and Public Facilities (DOT/PF) and is unsafe at this point, for commercial truckers. The road is unstable, dangerous and extreme weather conditions present an additional risk to the public. He discussed increases in accidents, property damage, personal injury, fatalities, trash, because of increased traffic. There aren't any systems for communication in place along the highway to call for assistance. Mayor Kaleak said the oil industry has expressed concern for the safety of the industrial truckers and the security of the pipeline. Emergency medical services are limited at Prudhoe Bay and cannot withstand the extra burden of increased traffic accidents. He informed the committee that the North Slope Borough search and rescue operation is currently being used to its full capacity providing the borough and outlying villages with rescue services. The increased hunting and human presence will change the behavior and location of caribou herds adversely affecting the availability of the source of food for residents of the area. Mayor Kaleak continued to discuss maintenance concerns regarding opening the Dalton Highway. He indicated he would forward his written comments to the committee. Number 249 DEAN MCKENZIE, representing Frontier Transportation, testified from Anchorage. He explained his organization operates a number of trucks out of Anchorage and Fairbanks and many travel the Dalton Highway. He concurred with Mayor Kaleak's comments on public safety. The lack of facilities and road maintenance is a valid issue and should be addressed before the road is opened to the public. LEONARD LAMPE, testifying from Nuiqsut, said he agrees with Mayor Kaleak's points. He said he is afraid their subsistence food will be impacted if the road is opened to the public. Mr. Lampe said he also has safety concerns regarding highway as the road needs upgrading. Number 271 LANCE HATHAWAY, also testifying from Nuiqsut, indicated he is a permit holder for the road and is an occasional user. He indicated he is neutral regarding opening the road, but stressed that there is a need for major maintenance and improvements on the highway. TROY THACKER, testifying from Cold Foot, said he has visited with many truckers regarding opening the haul road and they have indicted that increased facilities and maintenance of the haul road would be needed if it were to be opened to the public. He discussed safety issues, including avalanches, etc. Some articles in the newspapers have indicated that the truckers don't support public use of the road and said he feels that is an error. That may have been the case four or five years ago. He said they have indicated to him that they do support public use of the road. Number 308 RON BERGMAN, testifying from Allakaket, said he supports Mayor Kaleak's comments regarding the Dalton Highway. The road from the highway to Bettles is going to go across the South Fork River which is one of the major hunting areas of the residents of Allakaket. He referred to a fax he had received from DOT/PF which said there would be $600 thousand earmarked for location studies and asked if it is federal or state money. CHAIRMAN SHARP said he wasn't familiar with the fax and said he would question DOT/PF regarding the matter. TONY SUSOOK, testifying from Barrow, indicated he is against opening the Dalton Highway for many reasons. He said his main concern is for the health, safety, and welfare of the North Slope Borough residents. He said a question that comes to mind is does the North Slope Borough have the personnel to handle and cover the added search and rescue efforts that exist today when two or more search and rescue operations are occurring at the same time. Mr. Susook said as far as priorities are concerned, who will be rescued first? Someone that may be hurt on the highway or someone in a village within the North Slope Borough. He questioned whether the extra funds will be available for the Search and Rescue Department to operate in a manner to fit all needs. Mr. Susook discussed concern regarding the lack of caribou over the last three years that the residents of Anaktuvuk Pass harvest for subsistence. He informed the committee that in 1991, the North Slope Elders Conference adopted a resolution, 91-021, which opposed the opening of the haul road. He continued to read the resolution to the committee members and testified in opposition to SB 82. VALERIE MUNDT, Greater Fairbanks Chamber of Commerce, said she was testifying on behalf of the Chairman of the Chamber's Transportation Committee. She said the Chamber shares the concern of the public's safety and that is why they are supporting the opening of the Dalton Highway to the public. She said in order to have federal funds used on the highway, it must be opened to the public. The highway is a major lifeline in Alaska, especially for Fairbanks and Anchorage, and it needs to be maintained in a condition that is safe for the truck drivers who drive it most frequently. She urged that the SB 82 be passed into law. Number 419 HARRY MCDONALD, Carlile Trucking, testified from Anchorage. He said his company has trucks traveling the Dalton Highway on a daily basis. They don't have any problems operationally and their drivers aren't opposed to the bill. In reality half of the road is currently opened to the public already. Mr. McDonald did indicate that the concerns of the North Slope Borough and the villages should be addressed and also the issue of safety. By opening the road, his company hopes that there will be better maintenance and federal funds available for upgrading. MIKE MORRY, from Anaktuvuk Pass, testified against SB 92 as he said he believes it will affect the Caribou migration that goes by his village. He discussed the migration trail of the caribou and urged that SB 82 not be passed. MIKE WALLERI, General Counsel, Tanana Chiefs Conference, indicated he has sent his written testimony to the committee in opposition to SB 82. He said his organization is opposed to opening the haul road to unrestricted use because of concerns relating to subsistence and safety. SB 82 fails to address any of those concerns and doesn't provide for a commitment by the state to maintain the road. In 1991, the Tanana Chiefs Conference and the North Slope Borough filed suit against the State of Alaska in response to attempts to amend regulations to open the road administratively. They received an injunction which is currently on appeal before the Alaska Supreme Court. Mr. Walleri said since that time, his organization has been engaged in discussions with the state, BLM, and certain environmental groups through the offices of Commissioner Blatchford with the idea of trying to reach some kind of a comprehensive settlement to the issues related to the management of the haul road and the BLM utility corridor. Included in the written comments is a copy of the most recent draft agreement which provides for the opening of the road to the general public except during the hunting season and/or for hunting purposes. He continued to discuss the aspects of the agreement and suggested that the negotiations be allowed to continue. If anything, the bill should be amended to allow the governor to enter into the agreements and/or to incorporate many of the provisions. Mr. Walleri continued to testify against SB 82. DAVE LACEY, Manager, Yukon River Tours, explained his company has a 49 passenger tour boat operating on the Yukon River. He explained his business is a wilderness based tourism business and they service tour busses that come up the road. One of the main things that the customers want to see are animals. He indicated that he is concerned that hunting and fishing has never been managed properly along the road. The road can, if managed properly, become like Denali where people have a wonderful opportunity to view wildlife. Mr. Lacey referred to a 1991 BLM survey and said there were 1,500 hunters at the Yukon crossing. It is completely overcrowded and his business couldn't even get their boats in and out of the water as there were so many boats. He discussed the litter problem. Mr. Lacey said they have concerns about opening the road until there is some planning and commitment to funding. LOU BROWN, representing the Northern Alaska Environmental Center, said it isn't clear whether the legislature has the right to open a highway. The Trans-Alaska Pipeline Authorization Act authorized the granting of the right-of- way necessary for and related to construction and maintenance of the Trans-Alaska Pipeline. A conflict with the intentions of Congress was not necessarily to encourage use by the public while the pipeline was in operation and the right-of-way being utilized for the purposes for which it was granted. Ms. Brown said the legislature should realize that it will be impossible to close the road and complete the restoration of the road per the requirements of the Mineral Leasing Act. The legislature should also consider how much the efficiently of the right-of-way will be impacted by the introduction of recreational vehicles, busses and privately owned cars, should a gas pipeline be constructed. Ms. Brown said although BLM gave portions of land along the Dalton Highway to the state, her organization questions if the state has the authority to initiate an action that would directly impact the condition of federally owned lands immediately adjacent to the corridor. She indicated that they are also concerned about the potential for a significant impact to subsistence resources. She referred to the maintenance issue and asked if DOT/PF will get the funding to provide the level of service necessary for a public road both summer and winter. She also questioned how much it will cost to employ appropriate number of public health and safety officers and who will be responsible for fire protection and ambulance services. Ms. Brown continued to discuss concerns relating the degradation do to all terrain vehicles, etc. She thanked the committee for listening to her testimony. Number 552 LANA WEGNER, representing Petitioners for Safety on the Haul Road, said her organization is comprised of truck drivers and their families. She indicated she is testifying in support of opening the Dalton Highway to the public as the state would have access to federal funds which would be used to improve the conditions of the road. Ms. Wegner said the public is already using the road and it should be in proper condition. She said they would like assurance that federal money would be appropriated for improvements on the road. She said during the winter, DOT/PF has reserved the right to close the road to the public in the event of cold weather or poor road conditions. Ms. Wegner urged support for opening the road. CHAIRMAN SHARP noted that all the highways in the state are subject to closure by DOT/PF under extreme road or safety conditions. MARTIN KING, Owner, Irish Trucking, said he is the current president of the Alaska Trucking Association. He said with proper funding and maintenance, the Alaska Trucking Association is in support of opening the Dalton Highway to the public. The Alaska Trucking Association expects the following from the State of Alaska - DOT/PF: A safe highway to travel on; A well maintained highway; and A year around ability to support our northern oil fields on a daily basis. Mr. King said his position, as the owner of Irish Trucking is the same as the Alaska Trucking Association's position. TAPE 93-8, SIDE B Number 001 EDDIE BERGMAN, Mayor, City of Allakaket, testified against opening the Dalton Highway. The reason is mostly because of the subsistence of the local people. He thanked the committee for letting him testify. FRANK DILLON, Executive Director, Alaska Trucking Association, explained that in the past, the association has been neutral on the issue of opening the Dalton Highway. As a result of arguments made by DOT/PF and others that there would be better maintenance and safer conditions on the road, the Alaska Trucking Association's Board of Directors has change its position to support SB 82. ANNETTE KOCH, testifying from Fairbanks, was in favor of opening the Dalton Highway to the public. She indicated that federal funds that may be received would assist in maintaining the highway. Number 027 HAROLD GILLIAM, testifying from Fairbanks, was in favor of SB 82. He said some concerns that have been expressed are valid concerns and most of them have a reasonable solution. Mr. Gilliam said as far as safety and medical evacuation, the National Guard is planning to have a new unit of helicopters to be stationed at Eielson Air Force Base. He asked why the state couldn't ask the Air Force to fly a jet a supersonic speed during the times that there are avalanche warnings. He discussed his experience driving the Alcan Highway. Mr. Gilliam said he would suggest that there shouldn't be any hunting from the road at all. He noted that BLM is currently spending a lot of money on developing rest areas. GEORGE LOUNSBURY testified in support of SB 82. He indicated he owns property south of Dietrich and said he has seen a lot of people that are disappointed when they can't go further up the road. The fact that the state is missing out on federal highway funds is a shame. He referred to the people on the North Slope and said he doesn't think that the question is so much of subsistence but is a question as to what is right and wrong for all the citizens of Alaska. Hunting pressure can be handled through regulations. Everybody should have the right to drive the road. He thanked the committee for listening to him. Number 076 CHIP TOMA, testifying in Juneau, explained that he has had to opportunity to work on the Dalton Highway during the in the winters from 1974-1977 as a teamster. He said he drove several different kinds of vehicles on the highway and it was the most hazardous job he has ever had. The road is extremely hazardous and the main problem with the road during the winter is the white out conditions. He noted he saw many accidents along the road. It will be a hay day for private tow truck and medi-vac operators. He said he doesn't think that the average American driver has an idea how to drive under the conditions on the road. If the road hasn't been maintained, it would be incredibly dangerous. Mr. Toma said he never saw much game and doesn't believe it is a viewing highway by any means. WAYNE REGELIN, Deputy Director, Division of Wildlife Conservation, Department of Fish and Game, said there was a question at the previous meeting as to how wildlife is managed along the Dempster Highway in Canada and said the road runs from Dawson up to the McKenzie Delta and is open year around. Hunting is allowed but there is a one kilometer, a little over a half a mile, `no hunting' buffer along each side of the road. Beyond that buffer, there are no restrictions. The hunters are allowed to use snow machines, etc. He noted there is a manned check station from October 1 through December and it is mandatory for hunters to stop. Most of the hunting is for the Porcupine Caribou herd and the season is open from August 1 to July 30. There is a bag limit of two. On the average about 2,000 animals are taken. Mr. Regelin said a little over 100 caribou are killed by bow hunters each year along the highway corridor of the Dalton Highway. He noted that there is a five mile closed corridor. SENATOR PHILLIPS referred to the police services along the Dempster and said he has received a letter stating that they are basically congregated around the villages and towns. Number 163 MARY FORBES, Volunteer, Alaska Environmental Lobby, testified against SB 82. She indicated her organization agrees with many of the concerns raised at the hearing. Opening the highway will substantially impact the wildlife of the area. Hunting pressures, legal and illegal, will increase. On the North Slope, increased off road vehicle use will threaten the fragile layer of vegetation on top to the permafrost causing serous erosion problems. Ms. Forbes noted that BLM has a very ambitious recreation plan for the area which will magnify the impacts in the coming years. She said she would like to point out that the original intent of the legislation is specifically stated in state statute, Chapter 40, Section 19.40.010 (5)(b) "It is the sense of the legislature that the construction of the highway will not impair the natural wilderness adjacent to the highway and will not unreasonably interfere with subsistence hunting, fishing, trapping, and gathering." She said the Environmental Lobby believes that opening the Dalton Highway to public use would violate the intent of the statute. Ms. Forbes thanked the committee for the opportunity to testify. There being no further testimony CHAIRMAN SHARP indicated that the bill would be heard again at the next hearing. Number 210 Chairman Sharp adjourned the meeting at 4:47.