Legislature(2003 - 2004)

2004-03-16 House Journal

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2004-03-16                     House Journal                      Page 2964
SB 266                                                                                            
The following, which was advanced to third reading from the                                         
March 15, 2004, calendar (page 2955), was read the third time:                                      
    SENATE BILL NO. 266                                                                             
    "An Act approving an interim classification by the commissioner                                 
    of natural resources closing certain land within the area of the                                
    proposed Bristol Bay (Alaska Peninsula) competitive oil and gas                                 
    areawide lease sale to oil and gas exploration licensing and                                    
    shallow natural gas leasing; and providing for an effective date."                              
Representative Gara moved and asked unanimous consent that a letter                                 
dated March 16, 2004, from the Commissioner of the Department of                                    
Natural Resources be spread on the journal.  There being no objection,                              
it follows:                                                                                         

2004-03-16                     House Journal                      Page 2965
"Dear Representative Gara:                                                                          
You requested the administration's position concerning setbacks from                                
anadromous streams and waterbodies and in regards to the five                                       
conservation units (critical habitat areas) within the proposed Alaska                              
Peninsula Areawide Oil and Gas Lease Sale area.                                                     
In previous lease sales and exploration licenses, the department has                                
proposed mitigation measures similar to the following:                                              
    'The siting of temporary and permanent facilities, other than                                   
    docks, or road and pipeline crossings, will be prohibited within                                
    500 feet of all fishbearing waterbodies.  Facilities may be sited                               
    within this buffer if the lessee demonstrates to the satisfaction of                            
    the director, in consultation with OHMP, that site locations                                    
    outside this buffer are not feasible or prudent or that a location                              
    inside the buffer is environmentally preferred.'                                                
ADF&G has agreed to this language in previous offerings, including                                  
the proposed Bristol Bay Exploration License.  Through the public                                   
process and through coordination with ADF&G we will determine                                       
whether a lease sale is in the state's best interest and whether such                               
mitigation measures or others would be appropriate.  It would be                                    
premature to finalize any setback language before we have gone                                      
through the public process.                                                                         
The proposed sale area contains five critical habitat areas, Egegik,                                
Pilot Point, Cinder River, Port Heiden and Port Moller.  All five areas                             
were created for the same purpose:  to protect natural habitat crucial to                           
perpetuation of fish and wildlife (especially waterfowl).                                           
Special Area management plans developed by ADF&G provide                                            
guidelines for certain activities within many legislatively designated                              
areas.  By statute, these lands are jointly managed by ADF&G and                                    
ADNR.  Special Area Permits issued by ADF&G are conditioned to                                      
mitigate impacts.  ADF&G evaluates the potential effect of any                                      
activity on fish and wildlife, their habitat, and the users of those                                
resources.  ADF&G requires permits for any oil and gas related                                      
activity in state game refuges, sanctuaries and critical habitat areas.                             
For example, timing restrictions may be used to limit the impact on                                 
wildlife during sensitive life-cycle periods.                                                       

2004-03-16                     House Journal                      Page 2966
ADF&G commented on the proposed Alaska Peninsula Areawide                                           
lease sale and did not object to including these areas in the sale.                                 
However, ADF&G recommended specific mitigation measures                                             
concerning these critical habitat areas, which we will incorporate into                             
the draft lease sale mitigation measures prior to issuing them for                                  
public comment.                                                                                     
If you have any further questions or concerns on these matters, please                              
contact me."                                                                                        
The question being:  "Shall SB 266 pass the House?"  The roll was                                   
taken with the following result:                                                                    
SB 266                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
YEAS:  35   NAYS:  0   EXCUSED:  5   ABSENT:  0                                                   
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Croft,                                        
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kott,                                      
Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stepovich,                                   
Stoltze, Weyhrauch, Williams, Wilson, Wolf                                                          
Excused:  Berkowitz, Kookesh, Lynn, Morgan, Moses                                                   
And so, SB 266 passed the House.                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
Representative Coghill moved and asked unanimous consent that the                                   
House adopt the House Resources Committee letter of intent (page                                    
2950) with an accompanying letter of recommendation from the                                        
Speaker to the President.  There being no objection, it was so ordered.                             
SB 266 was signed by the Speaker and Chief Clerk and returned to the                                
Senate with the letter from the Department of Natural Resources, a                                  
House letter of intent, and the letter of recommendation from the                                   
Speaker to the President.