Legislature(2013 - 2014)BARNES 124
03/03/2014 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| SJR15 | |
| Big Game Commercial Services Board | |
| Board of Fisheries | |
| Commissioner, Department of Natural Resources | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 287 | TELECONFERENCED | |
| + | SJR 15 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
SJR 15-OPPOSE INTERNATIONAL DESIGNATING OF LAND
1:14:12 PM
VICE CHAIR PEGGY WILSON announced that the first order of
business would be SENATE JOINT RESOLUTION NO. 15, Opposing any
international designation of Alaska land or water as an
international park, world heritage site, biosphere reserve,
Ramsar site, or other classification of land or water that
affects the use of land or water by the state or an Alaska
Native corporation without approval by the United States
Congress and the Alaska State Legislature; requesting the United
States Department of State and the United States Department of
the Interior to cease all further action related to an
international designation for land and water in the state until
the action is approved by the United States Congress and the
Alaska State Legislature; requesting that the United States
Congress pass legislation requiring Congressional approval of
any international designation that affects the use of land or
water by the state or the United States; requesting that the
governor be involved in the process and development of any joint
action plan; requesting that the state, including the
departments responsible for the management of fish and wildlife
and other natural resources, be an integral part of any
discussion, agreement, understanding, or other process that
affects the use or development of fish and wildlife and other
natural resources in the state; and urging the governor and the
attorney general to reserve all legal remedies for a taking of
the natural resources of the state by an international
designation of land and water in the state.
1:15:16 PM
REPRESENTATIVE HAWKER moved to adopt Version U as the working
document.
REPRESENTATIVE SEATON objected for discussion purposes.
1:15:48 PM
JANE CONWAY, Staff, Senator Cathy Giessel, Alaska State
Legislature, stated the current version of the proposed
committee substitute (CS) for SJR 15 is Version N.
SENATOR CATHY GIESSEL, Alaska State Legislature, clarified that
the original version of SJR 15 was Version U.
1:16:16 PM
REPRESENTATIVE HAWKER withdrew his motion.
The committee took a brief at-ease.
1:17:00 PM
REPRESENTATIVE SEATON moved to adopt the proposed committee
substitute (CS) for SJR 15, Version N, [labeled 28-LS1192/N,
Bullock, 2/28/14] as the working document.
REPRESENTATIVE JOHNSON objected for discussion purposes.
1:17:49 PM
MS. CONWAY explained that Version N makes three small changes:
On page 2, line 26, changes "National Park Service" to "the
federal government"; on page 3, line 8, changes "would" to
"potentially could evolve into" and on page 4, line 6, changes
"would" to "could." In response to a question, stated that
these changes do not at all alter the message of SJR 15.
1:18:51 PM
REPRESENTATIVE JOHNSON removed his objection. There being no
further objection, Version N was before the committee.
VICE CHAIR P. WILSON opened public testimony on SJR 15.
1:19:28 PM
REPRESENTATIVE SEATON requested a brief overview of the
resolution for the public.
SENATOR GIESSEL stated that SJR 15 is similar to a resolution
that several committee members sponsored in 2007 that passed the
legislature. She noted this is not a new issue. She explained
that Beringia is a designated international park in Northwest
Alaska. She advised that this represents another taking of
Alaska land. She acknowledged the committee is familiar with
the Alaska National Interest Lands Conservation Act (ANILCA).
The third element in ANILCA indicates that Alaska has given its
share of lands for federal conservation units. She related that
ANILCA also contains a "no more clause" noting that Alaska need
not give any more land. However, after ANILCA passed in 1985,
the National Park Service (NPS) began to capture land to create
the Bering Land Bridge National Preserve thereby taking more
land. In the early 1990s informal discussions between President
George Bush and President Gorbachev were held proposing an
international park designation that would consist of land from
Russia and land in Alaska. In 2013, Russia formally established
the Beringia National Park on the Chukotka Peninsula in Russia.
This would be joined with the Beringia Land Bridge National
Preserve on the Seward Peninsula and Cape Krusenstern National
Monument just north of Kotzebue. She summarized that this is
Russian land and Alaska's land creating an international park
designation.
1:22:05 PM
SENATOR GIESSEL noted that in October 2013 another Memorandum of
Understanding (MOU) was developed and is now awaiting signature
of the president to finalize this international designation.
The purpose of the park would be to consider culture,
environment, and conduct research in the protected area. While
this may sound nice, Governor Parnell has not been a party to
these discussions, nor has the legislature, and Congress has not
been invited to discuss or chime in on this designation. This
designation falls under the United Nations Educational,
Scientific, and Cultural Organization. After Cape Krusenstern
National Monument and the Bering Land Bridge National Preserve
designations, further United Nations organizations' criteria
applied to other areas. For example, she pointed out that a
proposed road that would go through the Izembek [National
Wildlife Refuge], which is a Ramsar Convention [list of wetlands
of international importance] site, but it was declined due to
concern about grasses and birds. She reiterated that this has
been designated a Ramsar Convention site by the United Nations.
SENATOR GIESSEL related that Alaska World Heritage sites, also
designated by the United Nations include Glacier Bay and
Wrangell-St. Elias Park, as well as Denali National Park, which
is a biosphere reserve. She stated there is an "ongoing push"
for a buffer zone around Denali National Park and Preserve. She
stated that pushing for a buffer zone is one path taken to
expand the size of a preserve.
1:24:07 PM
SENATOR GIESSEL pointed out although these designations seem
harmless, similar ones have curtailed resource development
around the world. This resolution expresses her concern that
terms such as "sustainable development" that are commonly stated
by the United Nations and the federal government will mean
restricted development. She advised that the governor has sent
letters to [former] Secretary of State Hilary Clinton,
expressing his concern. U.S. Senator Murkowski and Congressman
Don Young have asked U.S. Secretary of the Interior Sally Jewell
and Secretary of State John Kerry to stop and listen to the
State of Alaska on this issue. Similarly, the leadership in the
other body has written a similar letter and the Citizens'
Advisory Commission on Federal Areas (CACFA) has listed this
international park as a primary priority concern.
SENATOR GIESSEL stated that the purpose of SJR 15 is to raise an
awareness that this proposal has not gone away, but has moved
forward. She reported that an MOU signed by Russia and the
Secretary of State is awaiting President Obama's signature to
finalize the document.
1:25:51 PM
REPRESENTATIVE HAWKER pointed out the final resolve clause urges
the governor and the attorney general to seek legal remedies,
but they are not on the list of people who will receive copies
of this resolution. He suggested they should be added.
SENATOR GIESSEL agreed that is a good suggestion.
1:26:58 PM
REPRESENTATIVE KAWASAKI requested a specific example of how this
designation has hampered development of natural resources in
Alaska.
SENATOR GIESSEL deferred to her staff, Jane Conway.
MS. CONWAY answered that the most recent example is the Izembek
Road from Cold Bay to King Salmon. She remarked that this road
as a Ramsar site was touted as a reason for denial. This
decision cited the Black Headed Brant and the protection of the
eel grass in the area [as the basis for the denial.] The
purpose of this resolution is that it could possibly hamper
development in the state if the international designations are
allowed without Alaska's or Congressional approval.
1:28:34 PM
REPRESENTATIVE KAWASAKI asked for some of the benefits to Alaska
and Russia in having an MOU in place regarding the Beringia.
SENATOR GIESSEL said she cannot think of a single benefit of
having this MOU in place. It is an additional international
taking that has no benefit.
1:29:42 PM
REPRESENTATIVE TARR pointed out that the lands in question are
federal lands. She referred to a map in members' packets
entitled "Proposed Transboundary Area of Shared Beringian
Heritage" and to the proposed contributions to International
Protected Area - Pending Designation. She said these lands
appear to all be federal and native lands so it may be
appropriate for the federal government to have these
deliberations about federal lands. She asked whether any state
lands are included.
SENATOR GIESSEL answered yes; naming the Bering Land Bridge
National Preserve and the Cape Krusenstern National Monument
north of Kotzebue. She outlined the challenge, that the NPS web
site describes Beringia by latitude and longitude and
geographical location. Beringia actually extends to the top of
Alaska and to the Mackenzie River in Canada, to the bottom of
the Kamchatka Peninsula, about parallel to the Aleutian Islands.
This essentially would encompass the entire state. She noted
the significant oil and mining resources. The road from the Red
Dog Mine to tidewater had to cross Cape Krusenstern and required
an act of Congress to build the road. She expressed concern
that if this becomes internationally designated, Alaska would
have significant barriers to resource development.
1:32:35 PM
REPRESENTATIVE TARR understood the concern is related to the
larger designation.
SENATOR GIESSEL explained that these designations tend to expand
over time. This is U.S. land, so she did not understand the
reason to relinquish it to international jurisdiction.
1:33:33 PM
STAN LEAPHART, Executive Director, Citizens' Advisory Commission
on Federal Areas, testified in support of SJR 15 from the
following written statement [original punctuation provided]:
I appreciate the opportunity to testify today in
support of SJR 15.
The Commission shares the concerns expressed in SJR 15
regarding the designation of lands under various
internal initiatives such as that reflected in the
proposed memorandum of understanding between the
United States and the Russian Federation to
"symbolically link" U.S. National Parks in the Bering
Strait Region to form an international protected area.
The proposed MOU states that it is legally nonbinding
and is not an international agreement and does not
create any rights or obligations under international
law. Based on past experience, however, the terms of
this MOU could complicate the ability of the National
Park Service to manage national park lands in this
region. It could also potentially affect the ability
of the State of Alaska and the private land owners in
the region to develop and utilize their lands.
While somewhat different in scope, the recent decision
by the Secretary of the Interior to not approve the
construction of a road in the Izembek NWR was based in
no small part on the 1986 designation of the refuge as
a Wetland of International Importance under the Ramsar
Convention, even though the convention is non
regulatory and has no sanctions for violating treaty
commitments.
In the 1990s the designation of Glacier Bay National
Park & Preserve as both a United Nations World
Heritage Site and a biosphere Reserve was a factor in
the phased elimination of a 100 year old state-managed
commercial fishery in the park.
The Commission notes that the National Park Service
Shared Beringian Heritage Programs has funded numerous
projects over the last 12 years in the Bering Straits
region. These projects have collected useful
archeological, cultural, historical, natural resource
and environmental data. We also note that many of the
projects are undertaken not in the Alaskan park units
for which the National Park Service has statutory
management responsibility, but in the Russian
Federation.
Both the Cape Krusenstern National Monument and the
Bering Land Bridge National Preserve (which are the
two U.S. National Park units that would be
"symbolically linked" under this MOU) were created by
ANILCA to protect archeological sites and provide for
the study of the historic migration of peoples across
the Bering Straits, as well as to preserve natural and
cultural resources in these two areas. We believe
that the increasingly scarce funds used for the
administratively created Shared Beringian Heritage
Program could better be utilized to meet the National
Park Service's statutory responsibilities for these
two park units.
1:36:48 PM
MR. LEAPHART pointed out that ostensibly under the MOU the
management decisions would only directly affect the National
Park Units. He asked to read a short excerpt from a recently
released report, as follows [original punctuation provided]:
A recent report by the Science Committee of the
National Park System Advisory Board contains the
following statement: "Confronted with continuous and
dynamic change and the goal of preserving ecological
integrity, NPS management strategies must be expanded
to encompass a geographic scope beyond park boundaries
to larger landscapes and to consider longer time
horizons. Specific tactics include improving the
representation of unique ecosystem types within the
National Park System, prioritizing the protection of
habitats that may serve as climate refugia, ensuring
the maintenance of critical migration and dispersal
corridors, and strengthening the resilience of park
ecosystems."
MR. LEAPHART submitted that this language means the NPS looks
outside its management responsibilities to develop management
strategies and emphasizes the possible threat from creation of
this Beringian Heritage Area.
1:38:14 PM
REPRESENTATIVE TARR inquired whether SJR 15 would have an impact
on the MOU, which is what is moving forward and if the
resolution should specifically address the MOU.
MR. LEAPHART offered his belief that the intent of SJR 15 is in
opposition to the MOU and he would hope the result would be that
the president would not sign it.
1:40:02 PM
DEANTHA CROCKETT, Executive Director, Alaska Miners Association,
Inc. (AMA) spoke in favor of SJR 15. She read from the
following written statement [original punctuation provided]:
Good afternoon. My name is Deantha Crockett, and I am
Executive Director of the Alaska Miners Association.
AMA began in 1939 (so 2014 celebrates our 75th
Anniversary!) and is the umbrella association for
Alaska's mining industry. Our members include small,
family-run placer operations, to large-scale hard rock
mines, to coal mines, to exploration projects, and all
vendors and contractors that support Alaska's mines.
AMA does not support actions that decrease or prevent
access to Alaska's lands. In 1980, the Alaska National
Interest Lands Conservation Act (ANILCA) designated
millions of acres within Alaska as conservation system
units, and more importantly, issued a promise that "No
More" lands would be precluded from a multiple-use,
fully accessible classification. The Federal
government today should keep that promise, and block
no further acreage from access, exploration, and with
hope, development of all uses.
Separately, land designations should only be made with
full Congressional approval, the Alaska Legislature,
and the Governor, as well as the various private
landowners in this area. Governor Parnell, as well as
Senator Murkowski and Congressman Young have expressed
concerns that the federal government has not consulted
the State of Alaska on this land designation. While on
a technical note, designations don't create regulatory
authority over lands, it is a consideration taken into
account by land managers who evaluate activities on
those lands, and it is certainly noticed by potential
developers who may sense additional risk by such a
land designation when evaluating whether or not to
invest in Alaska.
We believe passage of SJR15 will send a message that
the State of Alaska takes the multiple-use standard
seriously, and that designations of lands within our
state must be done in consultation with our state
lawmakers.
Thank you for hearing this resolution and I encourage
you to pass it as soon as possible.
1:42:06 PM
MARLEANNA HALL, Projects Coordinator, Resources Development
Council (RDC), paraphrased, as follows [original punctuation
provided]:
The Resource Development Council for Alaska, Inc.
(RDC) is writing in support of SJR 15, a resolution
opposing any international designation of Alaska land
or water as an international park, world heritage
site, biosphere reserve, Ramsar site, or other
classification of land or water that affects the use
of land or water by the state or an Alaska Native
Corporation without approval by the U.S. Congress and
the Alaska State Legislature.
RDC is an Alaskan business association comprised of
individuals and companies from Alaska's oil and gas,
mining, forest products, tourism, and fisheries
industries. Our membership includes all of the Alaska
Native regional corporations, local communities,
organized labor, and industry support firms. RDC's
purpose is to expand the state's economic base through
the responsible development of our natural resources.
It is a policy of RDC to advocate for access to and
across lands in Alaska for resource and community
development. RDC is concerned that the proposed
Memorandum of Understanding (MOU) for the creation of
the Beringia International Park (Beringia) will create
another level of bureaucracy inhibiting access to
areas in Alaska.
The area under consideration in this proposed MOU is
vast and surrounds many rural communities. The MOU
lacks consultation and coordination with local and
state government, as well as ignores possible impacts
to resources, such as oil and gas, and mining
exploration and development.
It is also a policy of RDC to advocate for multiple
use of lands, and resource development in the area
could provide economic benefits to the region where
well-paying jobs are scarce, as well as improved or
added infrastructure and access to areas for multiple-
users.
RDC maintains that multiple uses should include mining
(exploration, leasing, development) for oil and gas,
coal, and minerals, as well as recreational and other
potential uses. With less than one percent of Alaska
in conventional private ownership, access should be
available on other lands, and should not be restricted
by an unprecedented one-size fits all MOU that will
likely add another layer of federal bureaucracy.
SJR 15 is timely, given the MOU has yet to be signed
by the President. Input from those most knowledgeable
about Alaska and Alaska's resources should not be
ignored. This MOU could seriously jeopardize the
ability to access resources that fall in and around
Beringia. In addition, past federal government
promises assured access to allow resource development
in this area and others not set aside through the
Alaska National Interest Lands Conservation Act
(ANILCA)
The passage of ANILCA in 1980 set aside 106 million
acres of federal lands in Alaska as conservation
system units. Today, Alaska accounts for 70 percent
of all national park lands in the United States, as
well as 53 percent of federally designated Wilderness
for all of the U.S.
RDC thanks Senator Giessel for introducing this
resolution, and urges the Alaska Legislature to pass
SJR 15 and to continue to assert the State of Alaska's
rights, and consult with the State of Alaska on this
and any future designations of the State's lands and
resources.
1:43:46 PM
VICE CHAIR P. WILSON, after first determining no one else wished
to testify, closed public testimony on SJR 15.
1:44:24 PM
REPRESENTATIVE KAWASAKI recalled that many members took the
megaprojects seminar several years ago and it was enlightening
to understand that part of the problem with resource development
is having prospective developers know the confines of the
development. Sometimes MOUs have a positive impact, he said.
He was unsure about this one in particular, but he does not
object to moving the resolution at this point.
REPRESENTATIVE SEATON pointed out that the last further resolved
urges the attorney general to reserve all legal remedies, which
he said is an important part of SJR 15.
1:45:20 PM
REPRESENTATIVE HAWKER moved to adopt Conceptual Amendment 1, to
add "Governor Parnell and Attorney General Geraghty" to the
addressees of the resolution.
VICE CHAIR P. WILSON objected for discussion purposes.
1:45:47 PM
REPRESENTATIVE HAWKER said he wanted to ensure that even though
the resolution will pass the governor's desk for signature, it
doesn't mean it will be assimilated by the governor. He
respectfully asked for the sponsor's consent to make the
amendment to add Governor Parnell and Attorney General Geraghty
to the list of addressees.
VICE CHAIR P. WILSON said she noted the sponsor was nodding her
assent.
SENATOR GIESSEL agreed.
VICE CHAIR P. WILSON removed her objection. There being no
further objection, Conceptual Amendment 1 was adopted.
1:46:49 PM
REPRESENTATIVE OLSON moved to report SJR 15, Version N, labeled
28-LS1192/N, Bullock, 2/28/14, as amended, out of committee with
individual recommendations and the accompanying fiscal note.
There being no objection, the HCS SJR 15(RES) was reported from
the House Resources Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SJR15 Fiscal Note.pdf |
HRES 3/3/2014 1:00:00 PM |
SJR 15 |
| SJR15 Map.pdf |
HRES 3/3/2014 1:00:00 PM |
SJR 15 |
| SJR15 Sponsor Statement HRES.pdf |
HRES 3/3/2014 1:00:00 PM |
SJR 15 |
| SJR15 Support Letters.pdf |
HRES 3/3/2014 1:00:00 PM |
SJR 15 |
| SJR15 AK Heritage Site List.pdf |
HRES 3/3/2014 1:00:00 PM |
SJR 15 |
| SJR15 AK Land Ownership Map.pdf |
HRES 3/3/2014 1:00:00 PM |
SJR 15 |
| SJR15 Biosphere List.pdf |
HRES 3/3/2014 1:00:00 PM |
SJR 15 |
| SJR15 Governor Letter to US Secs of State.pdf |
HRES 3/3/2014 1:00:00 PM |
SJR 15 |
| SJR15 MOU US and Russia.pdf |
HRES 3/3/2014 1:00:00 PM |
SJR 15 |
| SJR15 Murkowski - Young letter to Secs of State.pdf |
HRES 3/3/2014 1:00:00 PM |
SJR 15 |
| SJR15 Murkowski Young response.pdf |
HRES 3/3/2014 1:00:00 PM |
SJR 15 |
| SJR15 Promise of ANILCA.pdf |
HRES 3/3/2014 1:00:00 PM |
SJR 15 |
| SJR15 Sen. Majority letter to Kerry & Jewell.pdf |
HRES 3/3/2014 1:00:00 PM |
SJR 15 |
| SJR15 Version U.pdf |
HRES 3/3/2014 1:00:00 PM |
SJR 15 |
| SJR15 Don Young Letter.pdf |
HRES 3/3/2014 1:00:00 PM |
SJR 15 |
| SJR15 NPS Letter.pdf |
HRES 3/3/2014 1:00:00 PM |
SJR 15 |
| SJR15 Version N.pdf |
HRES 3/3/2014 1:00:00 PM |
SJR 15 |
| SJR15 Changes Vsn U to N.pdf |
HRES 3/3/2014 1:00:00 PM |
SJR 15 |
| Balash Bio & Photo.pdf |
HRES 3/3/2014 1:00:00 PM |
|
| Balash Resume.pdf |
HRES 3/3/2014 1:00:00 PM |
|
| Big Game - Metz #3.pdf |
HRES 3/3/2014 1:00:00 PM |
|
| Big Game - Peltola #3.pdf |
HRES 3/3/2014 1:00:00 PM |
|
| Fisheries - Johnson #3.pdf |
HRES 3/3/2014 1:00:00 PM |
|
| KPFA Letter - Johnson.pdf |
HRES 3/3/2014 1:00:00 PM |
|
| HB 287 Briefing Paper and Sectional.pdf |
HRES 3/3/2014 1:00:00 PM |
HB 287 |
| HB 287 DNR Fiscal Note.pdf |
HRES 3/3/2014 1:00:00 PM |
HB 287 |
| HB 287 DNR Presentation.pdf |
HRES 3/3/2014 1:00:00 PM |
HB 287 |
| HB 287 Tesoro Letter.pdf |
HRES 3/3/2014 1:00:00 PM |
HB 287 |
| HB 287 Transmittal Letter.pdf |
HRES 3/3/2014 1:00:00 PM |
HB 287 |
| HB 287 Version A.pdf |
HRES 3/3/2014 1:00:00 PM |
HB 287 |
| HB 287 Speaker Chenault Letter.pdf |
HRES 3/3/2014 1:00:00 PM |
HB 287 |
| Johnson BOF Confirmation - ATA Letter.pdf |
HRES 3/3/2014 1:00:00 PM |
|
| Johnson BOF Confirmation - SEAFA Letter.doc.pdf |
HRES 3/3/2014 1:00:00 PM |
|
| Johnson BOF Confirmation - UFA Letter.pdf |
HRES 3/3/2014 1:00:00 PM |