Legislature(2011 - 2012)BARNES 124
04/06/2011 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s): | |
| HB186 | |
| HJR20 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 186 | TELECONFERENCED | |
| + | HJR 20 | TELECONFERENCED | |
| += | HB 195 | TELECONFERENCED | |
| + | TELECONFERENCED |
HJR 20-ROADLESS RULE & CHUGACH AND TONGASS HYDRO
2:50:17 PM
CO-CHAIR FEIGE announced that the next order of business would
be HOUSE JOINT RESOLUTION NO. 20, Urging the President of the
United States, the United States Congress, and the Secretary of
the United States Department of Agriculture not to implement
protection of inventoried roadless areas under the "roadless
rule" or otherwise restrict the development of necessary
hydroelectric projects in the Tongass National Forest and the
Chugach National Forest. [Before the committee was HJR
20(ENE).]
2:50:22 PM
REPRESENTATIVE KYLE JOHANSEN, Alaska State Legislature, stated
that HJR 20 would urge the U.S. President and the U.S. Secretary
of Agriculture not to implement protection of inventoried
roadless areas. He said he has had firsthand experience with a
project to fund two dams, the Swan Lake and Tyee Hydroelectric
Project. The district would like to connect the two dams to
make an electrical grid. The initial plan was to build a road
alongside for long-term maintenance and operation to make it
cheaper to construct and maintain. However, since the road was
negotiated outside the plan, materials had to be brought in by
helicopter. Additionally, all maintenance and operations must
be performed by helicopter. He pointed out that the communities
are even having difficulty obtaining permission for helicopter
landings. Thus, his district has had first-hand experience with
the difficulties of building a project without a road and
suffering the additional project costs. He expressed concern
about the issuance of "roadless rule."
2:52:35 PM
REPRESENTATIVE JOHANSEN reported testimony given before the
House Energy Committee with respect to the Blue Lake project in
Sitka. The community would like to increase the height of its
dam and the "roadless rule" puts into question whether that can
be accomplished. He noted a logical progression of events needs
to happen. This rule could be used to slow down or stop the
project. He pointed out one challenge is that the "roadless
rule" designates just one person - a federal employee back East
- to rule whether a road can be built. He predicted a "scary
future" unless the "roadless rule is addressed. He noted that
Alaska's Congressional delegation comprised of U.S. Senators
Begich and L. Murkowski and Congressman Young support
challenging the "roadless rule." In response to Co-Chair Feige,
he explained the difference between the original resolution and
the committee substitute (CS). He remarked that the House
Energy Committee overlooked the fact that U.S. President Obama
has set a goal of having 25 percent of the energy generated in
the U.S. come from renewable "green" resources by 2025. That
language was added to the resolution, he said.
2:55:08 PM
FLOYD KOOKESH noted that he is a former mayor of Angoon and is
testifying on behalf of the current mayor of Angoon, Albert H.
Howard. He read the following written statement from Mayor
Howard, as follows [original punctuation provided]:
First of all thank you for the opportunity to speak on
such an important matter, that impacts the future of
the community of Angoon as well as our community's of
southeast and the State of Alaska for that matter. I
would like to thank my Representative Bill Thomas and
all the other representatives that have co-sponsored
this important House Joint Resolution.
I am a firm believer in the public process, having
said that to me the road less rule is a good example
of leaving the public out of the process.
Alaska is a young infrastructure state compared to the
rest of our country. The Roadless Rule has a negative
impact in so many ways as far as getting much needed
projects built that serve for the betterment of our
communities and citizens of our state.
I am sure in some ways the Roadless Rule serves a good
purpose for some, but as a blanket rule it hurts more
then it helps.
I am testifying in favor of and asking this government
body to support and pass House Joint Resolution No. 20
as it will send a unified message that this type of
Rule does not work for all and that we, as a state,
can implement our own rules as needed, thus allowing
our state the right to self-determination.
2:58:21 PM
JIM STRANDBERG, Project Manager, Alaska Industrial Development &
export Authority (AIDEA) and Alaska Energy Authority (AEA),
stated he is currently a project manager for the AEA on
Southeast Alaska projects. Thus, his comments on behalf of the
AEA are being presented from the perspective of the AEA's
position as a funder and developer of hydroelectric power
projects in the Tongass National Forest roadless inventoried
areas. He offered his view that the HJR 20 focused on a
difficult and time consuming decision-making process that
elevates local and regional decisions to the U.S. Secretary of
Agriculture level. The AEA has concerns with this approach and
the effect on its ability to economically pursue projects, he
said.
2:59:29 PM
MR. STRANDBERG reported on energy projects, such that AEA, as an
independent state agency receives capital appropriations for
construction the construction of hydro and transmission lines -
a number of which are in the inventoried roadless rule areas of
the Tongass National Forest. He pointed out that the AEA was
the granting agency for the $46 million completion of the Swan-
Tyee Intertie that Representative Johansen spoke of earlier. He
indicated that the AEA worked closely with the Southeast Alaska
Power Agency (SEAPA) in accomplishing the project. He
emphasized that the project was a significantly more expensive
process because of the "roadless rule" requirements and
conditions placed on the project. He reported the AEA has
expertise in alternative and renewable energy technologies and
manages the Renewable Grant Program. A number of hydro projects
in the roadless areas are partially funded by the AEA's grant
program, he said.
3:00:37 PM
MR. STRANDBERG related the recent "roadless rule" decision could
have an impact on the AEA's effectiveness on our projects. He
characterized the situation as being an emergency situation.
The AEA has concerns about the approval processes which must be
employed under the current rules to allow the AEA to proceed
timely and complete the projects.
MR. STRANDBERG noted that while some mention was made in the
recent court decision of the ability to construct energy
infrastructure within roadless inventoried areas, economic
access has not yet been defined. He inquired as to what
constitutes economic access. He used the Petersburg to Kake
Intertie project, which is currently in the permitting and
design phases as an example. The economic life of this project
depends on the ability of the project team to use logging roads
for construction access and long-term maintenance of the line.
These economic access conditions must also be known and
measureable during the time of permitting, since funding
decisions are based on the viability of the projects and the
ultimate construction costs of the projects. He stressed the
importance of clarity of rules and access priority in order for
the AEA to pursue projects for its Southeast partners. He
expressed concern with the hydro power generation projects, as
well. He explained that in order to build these important
projects the AEA must have on the ground access to place heavy
construction components, turbines, penstocks, and diversion
dams.
MR. STRANDBERG reiterated that clarity for practical
construction and long-term maintenance are a must for the
economic life of the projects. Clear and reasonable rules and
time-defined decision-making processes will lower the cost of
power for Southeast Alaskans are fundamental to the economic
recovery of the region, he said. He predicted that unreasonable
rules will cost money and will directly affect the all Southeast
Alaskans.
3:03:43 PM
JOHN SANDOR, Board Member, Alaska-Canada Energy Coalition, noted
he first came to Alaska in 1953 to conduct forest surveys in
Southeast Alaska. He related he is a certified forester and
served as the U.S. Forest Service's Regional Forester from 1976-
1984, and as the commissioner of the Alaska Department of
Environmental Conservation from 1990-1994. He stated he is
speaking on behalf of the Alaska-Canada Energy Coalition. He
read from the following written statement [original punctuation
provided]:
I am a Board Member of the Alaska-Canada Energy
Coalition and want to report for your Hearing Record
that Coalition President Ernie Christian and Executive
Director Paul Southland have approved a Coalition
Resolution Opposing Reinstatement of the Roadless Rule
on the Tongass National Forest.
In summary, the Alaska-Canada Energy Coalition
Resolution determined that the Roadless Rule will
limit or preclude resource development projects on the
Tongass National forest Roadless areas including
development of eighteen of twenty seven U.S. Forest
Service Energy Program projects currently under
application and review on the Tongass National Forest.
A listing of these projects is attached to this
testimony.
The Alaska Canada Energy Coalition Resolution supports
Alaska's appeal of the March 4, 2011 District Court
ruling reinstating the 2001 Clinton Administration's
Roadless Rule on the Tongass National Forest. The
Coalition Resolution also supports efforts urging USDA
Secretary Vilsack finalize the 2003 interim rule
exempting the Tongass National Forest from the 2001
Roadless Rule.
Thank you again, for the opportunity to testify.
Alaska House of Representatives Joint Resolution No.
20 will help assure Alaska's National Forest-dependent
communities have access to the development of
resources that can strengthen their economics and
quality of life values.
3:06:38 PM
FRED MORINO referred to a handout in members' packets titled
Alaska's Scenic Byways that highlights the scenic byways, which
represent 1,200 miles of roadways. He said he supports the
resolution, HJR 20, for many of the same reasons given by Mr.
Sandor, such as hydro, but also for tourism and access to
resources. He said he is a lifelong Alaskan and believes that
Alaska should develop its resources to have control over its
destiny and to take over responsibilities from the federal
government.
3:07:47 PM
DUFF MITCHELL, Business Manager, Juneau Hydropower, Inc. related
that he grew up in Alaska and has lived most of his life here.
He stated that he currently serves as the business manager
Juneau Hydropower, Inc. He read from a prepared statement as
follows [original punctuation provided]:
I am Duff Mitchell, Business Manager for Juneau
Hydropower Inc. Our company has the FERC preliminary
permit for the Sweetheart Lake Hydroelectric Project
which is located about 35 miles south of Juneau. The
project is a 30 Megawatt (MW) capacity project that
could contribute up to 136,000 Megawatt Hours (MWh) of
electricity for Southeast Alaska. We are currently on
track to develop this project.
I would like to thank you for the opportunity to speak
on favor of passing this resolution. I would
personally like to thank Rep. Kyle Johansen for
sponsoring this resolution. I would also like to thank
Rep. Bill Thomas, Rep. Peggy Wilson and Rep Bill
Stoltze for co-sponsoring this important House Joint
Resolution that sends a message to federal decision
makers that Alaska is serious about responsibly
developing our resources in an environmentally
sensitive manner.
My testimony is to favor expeditious passage on HJR
20. It has become apparent that if the Tongass
National Forest is not exempt from the administrative
Roadless Rule, and its subsequent implementation that
this rule could have a chilling effect on hydropower
development and transmission line infrastructure
within Southeast Alaska that encompasses the Tongass
National Forest. If not timely resolved, the impact of
the Roadless Rule implementation will decelerate
current Alaska hydropower investment, hold up our
region's economic development, hasten our regional
population decline, and block regional energy security
by depriving Alaska citizens and developers the
opportunity and their federal right under the Federal
Power Act to develop renewable hydropower energy in
the Tongass and Chugach National Forests.
Ironically, it is our federal government that has
investigated over 200 hydropower sites in Alaska. From
1900 to 1950 our federal government has spent millions
in today's dollars for hydropower investigations and
development in what was then the Alaska Territory for
stream gaging, engineering and conducting geological
reconnaissance on potential Alaska hydropower sites.
Further because we were a territory with vast amounts
of public land, Alaska has dozens of federal Public
Land Orders, Power Site Classification sites and
federal power withdrawals in the existing Tongass and
Chugach National Forest signed by the Secretary of
Interior with authority delegated from the President
of the United States expressly reserving these Tongass
and Chugach lands specifically for the hydropower
energy benefit of the citizens of the United States.
Some of these orders are over 90 years old and are
valid Public Land Orders today that predate the
Tongass Land Management Plan and the Roadless Rule.
Further, the State of Alaska already has established
and recorded rights of way for roads and transmission
line corridors within the Tongass for the Southeast
Intertie transmission system. We ask that Alaska
should assert itself that the Roadless Rule should not
pre-empt these and other existing road and
transmission and utility corridor rights provided to
the State of Alaska.
3:11:40 PM
MR. MITCHELL continued:
I would also like to point out that the US Department
of Energy, US Department of Interior, and the
Department of the Army all signed a 2010 Federal
Memorandum of Understanding on the promotion of
hydropower development to "help meet the Nation's
needs for reliable, affordable, and environmentally
sustainable hydropower…" The Secretary of Agriculture
was not a signatory of this document. Now that the
Roadless Rule exemption for Alaska has been overturned
by Judge Sedwick, I would suggest that it is timely
that the President and Congress hasten to have the
Secretary of Agriculture become a signatory on the
2010 Federal Hydropower Memorandum of Understanding
and execute a new Alaska Roadless Rule exempting
Alaska hydropower and associated hydropower
transmission lines.
HJR 20 provides a means for Alaskans under the
leadership of this body to send a clear and
unequivocal message to our President and Congress that
our federal government should be consistent and
unified in renewable hydropower energy development and
demonstrate sensitivity to Alaskan needs in this
matter. Exempting Alaska from the administratively
created Roadless Rule will allow Alaskan citizens,
developers and utilities the opportunity to assist our
Nation in lessening our Nation's dependence on foreign
fuel sources, improve our Nation's energy security,
and lessen our Nation's trade deficit imbalance.
Exempting Alaska from the Roadless Rule provides the
opportunity for Alaskans to develop our Nation's
hydropower resources in the Tongass and Chugach
National Forests in an environmentally sound manner
for the betterment of our Nation which these pre-
existing public land orders and power withdrawal sites
were originally intended.
I urge the Resources Committee to pass this resolution
and request that House and Senate members
expeditiously pass HJR 20. Again, I thank the
Resources Committee Chairmen and members for the honor
and privilege in allowing me to speak on this matter.
3:14:00 PM
SHELLY WRIGHT, Executive Director, Southeast Conference, on
behalf of the Southeast Conference reading from a proclamation
by President Roosevelt, read, as follows [original punctuation
provided]:
And now, first and foremost, you can never afford to
forget for a moment what is the object of our forest
policy. That object is not to preserve forests because
they beautiful, though that is good in itself; nor
because they are refuges for the wild creatures of the
wilderness, though that, too, is good in itself; but
the primary object of our forest policy, as of the
land policy of the Unites States, is the making of
prosperous homes. It is part of the traditional policy
of home making in our country. Every other
consideration comes as secondary. You yourselves have
got to keep this practical object before your minds:
to remember that a forest which contributes nothing to
the wealth, progress, or safety of the country is of
no interest to the Government, and should be of little
interest to the forester. Your attention must be
directed to the preservation of forests, not as an end
in itself, but as the means of preserving and
increasing the prosperity of the nation.
3:15:27 PM
MS. WRIGHT explained the value of HJR 20 as two-fold. First and
foremost, the people who have been living in the Tongass
National Forest have been fighting this resolution for years,
she said. She characterized the people as scratching and
clawing over the "roadless rule" for years. She related the
beauty of HJR 20 is that the state would be standing behind the
people saying it has had enough. She urged members to pass this
resolution and stand behind the people of Southeast Alaska to
tell the government that Alaska needs to have some use of its
lands, assert the necessity of the hydro projects, and be able
to live on its land and survive.
3:16:41 PM
PETER NAOROZ, General Manager and President, Kootznoowoo, Inc.,
on behalf of Kootznoowoo, Inc. stated that his corporation is a
village corporation for the community of Angoon located in the
center of Admiralty Island. The corporation consists of 1,065
shareholders, with about 25 percent residing in Angoon and the
remaining shareholders residing in Juneau and Sitka.
Additionally, the corporation has interests in this "roadless
rule" because Admiralty Island is a national monument
wilderness. As part of the Alaska Native Settlement Claims Act
(ANSCA) settlement, the corporation negotiated the ability to
build a hydroelectric project on the island. The "roadless
rule" does not specifically impact Kootznoowoo, Inc. since it
lies in a wilderness. He explained the corporation requested
this specific provision from the Congress because it did not
trust the powers to be in the future. However, Kootznoowoo,
Inc. selected lands on Prince of Wales Island close to where
Representative Johansen lives. The corporation would desires to
have roads in its 23,000 acres connected to the system but it's
not likely due to this "roadless rule." He pointed out
resources that belong to Alaska that are inaccessible, that some
communities want to be part of economic development, or have the
opportunity to drive to work. He exclaimed that Alaska is in
the 21st century. In 1952, the blue book described the
potential of energy in Alaska as $200 million. He was unsure of
the value in today's dollars. He offered support for HJR 20
because "it shines a light" on a very dark spot and a problem
that this state has."
3:19:30 PM
MR. NAOROZ stated that even before the exemption was overturned
by federal Judge Sedwick, the corporation had a difficult time
getting permission to do things on the Tongass National Forest.
He stated that his company provided 25 pages of comments on the
Tongass Land Use Management Plan (TLUMP). He related that the
Kootznoowoo, Inc. asked for two corridor sections, which were
completely ignored. The Kootznoowoo, Inc. has an appeal sitting
here. One corridor would provide a reliable back door for
Juneau's power and the other one would take power across its
Prince of Wales land to the Niblack Mine. He further related
that while the corridors were to be discussed later, the
exemption is gone and we have "death by a thousand paper cuts."
He hoped the light is bright enough with passage of HJR 20 for
President Obama to wake up and realize that this is the means to
achieve renewable energy goals. He offered Kootznoowoo, Inc.'s
support to the committee, with respect to HJR 20.
3:21:16 PM
MIKE SATRE, Executive Director, Council of Alaska Producers
(CAP), on behalf of the CAP, related that the removal of
exemption from the Tongass National Forest from the "roadless
rule" is a "slap in the face, a kick in the gut, and a spit in
the eye" to any resident of Southeast Alaska who wants to ensure
that we have an economically viable population into the future.
This resolution particularly addresses the electric projects in
the region which are critically important for potential mining
projects but for the sustainability of existing mining projects.
He emphasized the importance of HJR 20 in terms of diesel prices
and the need to develop hydro sources to ensure sustainable
energy. He urged members to pass this resolution from committee
with their full support.
3:22:55 PM
ERIC LEE stated he is a commercial fisherman who has lived in
Petersburg his entire life. He said that Petersburg is located
on Mitkof Island, a small island in the middle of the Tongass
National Forest. He has seen the damage done by the extensive
roads for logging on Mitkof Island. He has observed the damage
to habitat and fish streams caused by logging roads. He related
that Mitkof Island is 24 miles long but has over 150 miles of
road. Many other islands have also seen numerous roads built.
He offered his belief that the roads have resulted in a serious
decline in deer populations and damage to salmon stream spawning
habitat due to silt and blockage due to improperly installed
culverts. He said he believed the problems will only be made
worse if additional roads are allowed and that residents would
be far better off by properly maintaining the currently road
system, protecting the last roadless areas in the Tongass
National Forest for future generations. He remarked that any
perceived concerns regarding hydro projects can and will be
dealt with through specific adjustments to the "roadless rule."
He concluded that the concerns addressed today will prove not to
be valid. He offered his support for the "roadless rule." He
said he thought it would protect what is left of the Tongass for
the future.
3:25:24 PM
MARILYN LELAND, Executive Director, Alaska Power Association
(APA), on behalf of the APA, related that the APA is a statewide
association that provides power to more than a half million
Alaskans from Barrow to Southwestern Alaska, through the
Interior, and Southcentral Alaska to Southeast Alaska. She said
that the APA strongly supports HJR 20 opposing the federal
administration's unreasonable efforts with respect to the
implementation of the "roadless rule" regulations for the
Tongass and Chugach National Forests.
MS. LELAND stated that Alaska is blessed with an abundance of
hydro resources from its lakes and streams that can be built
with minimal impact. Most new hydro development in Alaska
replaces costly, finite, and less environmental benign fossil
generation fuels, typically diesel, coal, and natural gas.
Hydro development has been encouraged and projects are being
pursued from Southeast Alaska, the Railbelt, Western Alaska and
the Aleutians. Special use permits necessary in "roadless rule"
areas of national forests must now be individually signed by the
U.S. Secretary of the Department of Agriculture. Additionally,
to the "roadless rule" permits, forest land use plans must be
amended to accommodate hydro projects located in designated back
country areas of our national forests. These federal actions
could add a year or longer to the hydro project approval process
seriously jeopardizing the three year time frame in which
applicants are bound to perfect their permits. The "roadless
rule" creates an unnecessary impediment to the FERC process.
She predicted that it is possible some hydro projects could be
killed by this rule. She urged members to move HJR 20 and for
the legislature approve this resolution.
3:27:54 PM
JOSEPH SEBASTIAN stated that he is a 33-year Alaska resident and
has worked as a commercial fisherman and a homesteader. He said
the Prince of Wales Island's history was highlighted in earlier
testimony. In 1952, the Prince of Wales Island had less than 50
miles of road on the entire island. However, by 1997, when the
pulp mill contract expired the island had expanded its road
system to 4,500 miles of road. He stated this trend happened
across the entire U.S. He characterized it as public lands
facing maximum exploitation and without any action public lands
would disappear. He heard previous speakers stating they were
not done "exploiting" the Tongass yet, but that type of thinking
never ends. He related that the current "roadless rule"
decision is in a state of flux between the court, the
plaintiffs, and the U.S. Forest Service. He related his
understanding that the parties involved have been working to
remove any impediments to hydro projects since all parties
recognize the importance of hydro to Southeast Alaska, in
particular, not salmon-impacting hydro projects. He remarked
that the parties overwhelmingly support the hydro projects. He
thought this current ruling is a glitch and he anticipated that
all parties would work out an agreeable solution within the next
month or two.
3:30:17 PM
MR. SEBASTIAN offered his belief that the "roadless rule"
protects the Alaskan way of life and the reason many people
initially came to Alaska. Roads cause the greatest damage in
the Tongass National Forest through erosion. He reported the
U.S. Forest Service's data estimates 2,400 blocked culverts in
the Tongass National Forest alone. These blocked culverts no
longer allow fish or smolts to pass and are considered damaging
to salmon fish or production. He related that the "roadless
rule" protects the headwaters of streams. He characterized
these streams as class II and class III streams that flow into
class I streams. Many of the larger blocks of roadless
landscape in the forest, such as the Cleveland Peninsula, Port
Houghton on the mainland north of Petersburg, and East Kuiu
areas are on ADF&G's 19 top-producing watersheds in Southeast
Alaska. He characterized these areas as "treasure troves" of
salmon, bear, deer, bear, moose, and mountain goats. He stated
that these areas represent valuable habitat and resources. He
said, "These aren't just places that, you know, are willy-nilly
being removed from the public trust. They remain in the public
trust for the use of the public. They're just removed from a
level of "exploitation"." He remarked that it's done so much
damage in the Tongass National Forest.
3:32:17 PM
MR. SEBASTIAN said he views the "roadless rule" in the same way
he that he views the Alaska Permanent Fund, which is that this
area has been land set aside for the future. He pointed out the
currently climate changes in northern and western Alaska
demonstrate the natural circumstances beyond our control.
Alaska has been losing its icepack, which has caused villages to
be washed away. These roadless areas and the protection they
enjoy could be preserved for the future. He surmised that the
state may be able to charge money for the lands as a carbon
bank. He stated that these lands represent a national reserve
for our children and future residents of this state. He urged
members to take a long-term view to consider the resources,
including the fragile nature and exploitation of the resources
changes the very nature of them. He offered his support for the
"roadless rule" and urged the committee to do the same.
3:33:58 PM
TIM ROONEY, Borough Manager, City & Borough of Wrangell, on
behalf of the City & Borough of Wrangell (CBW), spoke in support
of HJR 20. He said he also serves as second vice president of
Southeast Conference and the Wrangell alternate on the Southeast
Alaska Power Association (SEAPA) board. He related that
protection of the inventoried roadless areas will have a
detrimental impact on the ability to expand hydroelectric power
generation and transmission in Southeast Alaska. He stated that
Wrangell has affordable electric rates, but it is one of only a
handful of communities with affordable energy rates in Alaska.
He offered his belief that if federal approval of hydro projects
doesn't happen that other communities will never get to
experience the affordable rates that his community offers. He
offered his view that the continued burning of diesel fuel is
more harmful to the environment than the development of any
hydro project. He referred to the governor's goal of generating
50 percent of energy in the state from renewable resources,
which is in addition to President Barack Obama's
administration's goals. He was unsure of how the goals would be
met if the "roadless rule" were applied in this region. He
reported that the CBW adopted a nearly identical version of the
resolution before committee members today. He encouraged
members and the legislature to do the same.
3:35:46 PM
DAVE CARLSON, Chief Executive Officer, on behalf of the
Southeast Alaska Power Association (SEAPA), stated that the
SEAPA owns two hydro projects in southern Southeast Alaska,
along with approximately 170 miles of transmission lines between
Ketchikan, Wrangell and Petersburg. He related that SEAPA
provides 100 percent of Wrangell's electrical generation needs
and half of Ketchikan's needs with hydro power. He stated that
SEAPA strongly supports HJR 20. He offered his belief that the
"roadless rule" rule is a killer to the economy, to new
transmission lines, and to new hydro projects. He explained
that 35 percent of the Tongass National Forest has been set
aside as monuments and wilderness and is off limits. The area
affected by the "roadless rule" encompasses about 57 percent
that would be off limits. Added together, this would represent
92 percent of the national forest, he said. He reiterated it
would be very difficult to build new hydro projects under the
"roadless rule." He pointed out that he works "on the ground"
to maintain transmission lines using helicopters. He affirmed
earlier testimony, that helicopters cost approximately $1,000
per hour. He remarked that the total ratepayer costs per KW
hour increase when utilities must use helicopters rather than
roads to build and maintain transmission lines and hydro
projects. He reiterated SEAPA's strong support for HJR 20.
3:37:26 PM
STEVE BORELL, Executive Director, Alaska Miners Association
(AMA), offered the AMA's support of HJR 20. He paraphrased from
his written testimony, as follows [original punctuation
provided]:
My name is Steve Borell, I am Executive Director of
the Alaska Miners Association and am testifying on
behalf of the Association.
We support House Joint Resolution 20 opposing
implementation of the roadless rule.
The roadless rule has been a moving target since it
was first introduced. The Clinton Administration
changed its mind two times during rulemaking regarding
whether or not the nationwide Roadless Rule should
apply to the Tongass National Forest before making a
third change by extending the Rule to the Tongass
National Forest on January 12, 2001.
In 2001 the State of Alaska litigated the Final
Roadless Rule on the ground, among others, that it
violated § 1326 (a), the "no more" clause of the
Alaska National Interest Lands Conservation Act
(ANILCA). In 2003 the Federal Government settled the
State's lawsuit by promulgating an interim rule that
exempted the Tongass National Forest from the Roadless
Rule and Alaska remained exempt under the "State
Petition Rule" promulgated in 2005. The Tongass
remained exempt under the interim rule even after the
Ninth Circuit Court of Appeals struck down the State
Petition Rule in 2009.
However, on March 4, 2011 the District Court for the
District of Alaska determined that the interim rule
exempting the Tongass had been promulgated in an
arbitrary and capricious manner and thus vacated the
exemption and reinstated application of the Roadless
Rule.
The Roadless Rule will adversely impact potential new
hydro-electric projects and the infrastructure
required to support these projects, and it will
adversely impact exploration and mining activities
within inventoried Roadless Areas as well.
It is also important to know that the phrase
"inventoried roadless areas" does not necessarily mean
"Roadless Areas". Many of the "inventoried roadless
areas" have an extensive road system and one of the
previous speakers stated that there may be as many as
4500 miles of logging roads in the Tongass. These are
roads that you can drive on with your car but many of
these have none the less been included in the
"inventoried roadless areas" and cannot be used by the
public.
The same thing has occurred in the Chugach National
Forest and one example is the Palmer Creek road which
built in the early 1900s. This road was included in
the "inventoried roadless areas" but it was included
and today use by the public is not allowed due to the
Roadless Rule.
MR. BORELL concluded by reiterating the Alaska Miners
Association's support for HJR 20.
[HJR 20 was held over.]