Legislature(2003 - 2004)
02/25/2004 01:35 PM Senate CRA
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SJR 25-FLOODING AND EROSION CONTROL ASSISTANCE
CHAIR BERT STEDMAN announced SJR 25 to be up for consideration.
He asked Senator Olson to come forward to introduce the bill.
SENATOR DONNY OLSON, sponsor of SJR 25, read the sponsor
statement.
SJR 25 is a resolution requesting the Army Corps of
Engineers (Corps) ease their cost and benefit analysis
for projects in rural Alaska.
I have proposed this resolution in response to many
concerns voiced by my constituents with regard to the
erosion and flooding problems that plague western
Alaska. Currently many of the villages in western
Alaska do not receiving the assistance needed for the
protection of life and property.
On November 8, 2003 a winter storm hit western Alaska.
This storm caused considerable damage to Unalakleet,
Shishmaref, and some of Nome's surrounding areas.
While the governor has declared a state of disaster
because of this storm, the continued effects of
erosion on the villages of Alaska are not going to be
solved by emergency disaster.
SENATOR GARY STEVENS asked him to speak to the cost benefit
analysis and how the Corps determines projects and what is wrong
with their method.
SENATOR OLSON explained that the Corps looks at what it would
cost to remedy a situation and then they look at what it will
benefit. In this case, the erosion has gone on for many years
and the benefit will be to a relatively small population.
As they ask questions, he charged, the Island of Shishmaref is
eroding. Unfortunately the Corps doesn't take into consideration
the culture, lifestyle and the social benefits associated with
maintaining the integrity of the community.
CHAIR STEDMAN said the committee would look at a Power Point
presentation then return with questions.
[A copy of the Shishmaref Erosion and Relocation Coalition
booklet may be found in the bill file.]
TONY WEYIOWANNA SR., Shishmaref Village Transportation planner,
identified himself.
LUCY ENINGOWUK, chairperson of the Shishmaref Erosion and
Relocation Coalition, identified herself and advised that they
have been working on the coalition since 1997 when they
experienced the first damaging storm. The three entities in
Shishmaref have joined together to work at solving this problem.
She explained that Shishmaref is located on a barrier island and
the immediate concern is to get help providing erosion
protection for the community. Beyond that, their goal is to move
and reestablish Shishmaref on the mainland.
Shishmaref is one of the 18 to 20 communities in the Bering
Strait region and the village is farther north than any other
village. Transportation consists of a few trucks, snow machines,
ATVs, small aircraft, and small boats.
LUCI ENINGOWUK continued to show pictures of community life,
subsistence living and a number of different damaging storms.
SENATOR LINCOLN asked where the erosion is worst and whether any
houses have been lost.
SENATOR OLSON pointed out that a number of houses have been
moved back away from the water, but some have already gone in.
It's of particular concern that the bulk fuel tanks are ever
closer to the edge. This is a threat to the community and the
environment.
KELLY ENINGOWUK added they have already moved 18 homes. She
continued to show pictures and outline what isn't there anymore.
SENATOR GARY STEVENS asked if this is the result of major
climatic changes.
KELLY ENINGOWUK replied they believe it is a result of a warming
trend that is noticeable in her lifetime.
SENATOR GARY STEVENS remarked the situation probably won't get
better in that case.
KELLY ENINGOWUK agreed and explained that the bluffs are sandy
so all that is holding it is the permafrost. Wave action melts
the permafrost and the bluff fails, she said and proceeded to
show examples including the near loss of their power supply.
Other pictures showed that the community airstrip has been
jeopardized as well.
SENATOR WAGONER asked to see a map showing the current location
of the village and the proposed relocation site.
MR. WEYIOWANNA SR. produced a map showing that Shishmaref is
located on Sarichef Island in the Chukchi Sea, about 120 miles
north of Nome. The community voted to relocate to the mainland
about 13 miles away - 10 miles across Shishmaref Inlet and about
3 miles inland.
SENATOR ELTON asked how fuel would be delivered to the new site
and whether it would be possible to get a fuel barge inside the
barrier islands.
MR. WEYIOWANNA SR. explained the study that relates to the
placement of the fuel facility, the size needed and delivery
particulars is a work in progress.
SENATOR OLSON added that fuel barges would travel up the river
channel to a marina and a pipeline would run from there to the
new village site.
SENATOR GARY STEVENS asked whether they expect that the barrier
islands will one day be gone altogether at which time Shishmaref
Inlet would be less protected from weather from the Chukchi Sea.
SENATOR OLSON pointed to shallow shoals offshore and explained
that they help break wave action.
MR. WEYIOWANNA SR. reported that the community has been working
with:
· The Natural Resource Conservation Service to select a
relocation site,
· The U.S. Army Corps of Engineers - most recently to provide
beachfront protection for teacher's quarters
· Tribal partnership program grant to assess current erosion
and teacher relocation
· Alaska Division of Emergency Services
· Federal Emergency Management Agency (FEMA) and Alaska
Community and Economic Development
· HUD Housing Authority to relocate homes
· Denali Commission
2:10 pm
KELLY ENINGOWUK said the request for state assistance is two
fold:
· The immediate goal is to provide erosion control at the
current village site
· The long term goal is to relocate the community
Recently the school underwent a $10 million, state funded,
renovation. Additionally, the Corps has authorized a Section 14
project to protect the school property with the proviso that the
village provides up to $400,000 in local match dollars. The
village doesn't have that money and they are asking the state to
help in any number of ways:
· Help the village receive a waiver so that the program would
be 100 percent federal
· Ask the Army Corps of Engineers to consider the Kawerak
Transportation Project of a riprap seawall as the local
match
· Authorize state funds - up to for the local match
SENATOR GARY STEVENS asked if it makes sense to do temporary
fixes when the long-term fix is to move the village.
KELLY ENINGOWUK said it does make sense because the village
needs protection now. She said she doesn't foresee the move
happening inside of five years.
SENATOR ELTON asked how much federal money the $400,000 match
would bring.
KELLY ENINGOWUK replied the cap is $1 million for the Section 14
contract then cautioned that is just for the school property
because those projects are limited to public facilities.
MR. WEYIOWANNA SR. pointed to pictures of single and double line
gabions and explained that they typically last just one storm.
The Corps of Engineers has admitted that even though the riprap
project is designed to last 25 years, it might last just 10
years because of the rising sea level. Although this may appear
to be a band-aid fix, it would allow them time to work on a plan
to move the community.
KELLY ENINGOWUK said they have done research and believe this is
the best cost effective solution.
SENATOR WAGONER asked how many people currently live in
Shishmaref.
KELLY ENINGOWUK reported the population is about 600.
Continuing her presentation, she said the riprap seawall project
to protect the main road starts in March, but they need erosion
protection in other areas of the town as well. She noted they
have local material and previously used gabions from failed
seawalls that they are prepared to use.
TAPE 04-6, SIDE B
2:20 pm
Relocation, she repeated, is the long-term goal and they
specifically ask for state help to:
· Request the federal government enact special measures to
ensure Alaska villages qualify for and receive federal
assistance for erosion protection and relocation
· Coordinate effort between federal and state agencies
· Ask (FEMA) to take the lead
· Request the federal government enact legislation that
establishes Shishmaref as a demonstration project for both
erosion and relocation assistance
· Request that various state agencies are fully involved and
engaged in establishing a new community
· Full cooperation and coordination with federal agencies
and local entities
· Ask various state departments to provide technical
assistance and funding for establishing the new community
SENATOR GARY STEVENS noted there are between 150 and 200
communities that are facing erosion problems several of which
are on Kodiak Island. He asked if they were actually asking the
Legislature to support the request that is going through U.S.
Senator Ted Stevens and the Corps.
KELLY ENINGOWUK agreed that is basically correct.
MR. WEYIOWANNA SR. repeated that the section-14 project requires
a 35 percent match for a $1 million project so the village needs
between $350,000 and $400,000. Because they have no economic
development and no tax base in their area, they don't have that
money.
2:25 pm
SENATOR GARY STEVENS questioned how many millions of dollars
would it take to satisfy both the immediate and the long-term
goals. What would it cost to slow the erosion in the village and
also to relocate the village?
KELLY ENINGOWUK said they don't have an estimate for Shishmaref,
but for Kivalina the estimate is $110 million.
SENATOR GARY STEVENS asked how many people live in Kivalina.
[Indiscernible answer - the 2003 state demographer estimate is
388]
SENATOR GARY STEVENS asked how much the temporary fix would
cost.
KELLY ENINGOWUK replied they have pieces of it being done
including the Kawerak Transportation Project, the Section 14
project, and several others. They do have equipment on site, but
they need $3.4 million for the section that isn't funded.
SENATOR ELTON referenced the request that the federal government
enact special measures so that Alaska villages qualify for
federal assistance and suggested an additional resolve that
might read:
Be it further resolved that the Alaska State
Legislature request that the federal government enact
special measures to ensure Alaska villages qualify for
and receive federal assistance for erosion protection
and relocation and that a coordinated effort between
the federal and state agencies be led by FEMA.
Although he wasn't sure that the sponsor is comfortable with
FEMA as the lead agency, he thought that was key in the
presentation; the village needs assistance that is provided in a
coordinated way. Perhaps, he said, subsequent testifiers would
comment on that.
CHAIR STEDMAN opened the floor to public testimony.
JULIE BALTAR, director of Kawerak Transportation Project,
explained that Kawerak is the regional nonprofit corporation in
the Bering Strait region and Kawerak supports Senator Olson's
resolution.
She said they have had direct interaction with NRCS, the U.S.
Army Corps of Engineers and a bit of contact with FEMA. After
working with the Corps for over three and a half years, their
observation is that the Corps isn't in a position to respond to
an emergency because of cumbersome regulations and policies.
For example, U.S. Senator Ted Stevens got about $1 million into
Corps appropriations for assistance for Shishmaref for an
expedited EIS in February 2002. It's now February 2004 and the
Corps has just determined how they can expend those funds.
Because of that inability to respond, Kawerak believes that if
there were to be a joint agency response, FEMA is better
positioned to take the helm.
Shishmaref coalition members met with U.S. Senators Stevens and
Murkowski in January and a high-level multi agency meeting was
suggested. They are waiting for a date to be set for that
meeting, but believe the results of the meeting will provide
great benefit to everyone that is working with erosion.
Shishmaref has plans and would like to relocate by 2009, she
said, but at the current rate of erosion, there will be no
village left to move unless more permanent erosion measures are
put in place.
SENATOR LINCOLN noted that the federal government would have
responded quickly with emergency help if the villagers had done
nothing and let the houses and other structures fall into the
water. The villagers were proactive in trying to save both
buildings and money and unfortunately, because of current
federal regulations, their action disqualifies them from
receiving the emergency help they need so badly.
She agreed with the resolution, but wondered whether there is
any discussion in Washington D.C. to remedy the situation
outlined above. Certainly it is cost effective to take care of
the problem now.
SENATOR OLSON apologized that the Shishmaref delegation had to
leave, but advised he would stay and answer questions. He
described the working relationship between the city, the Native
corporation and the IRA (Indian Reorganization Act) Council as
the epitome of a successfully coordinated effort. Although
Shishmaref illustrates the extreme problems that villages in
Bush Alaska encounter with erosion, others such as Kivalena and
Koyuk are similarly affected. He then asked Ms. Baltar to
address Senator Lincoln's question about what is happening in
Washington D.C.
MS. BALTAR reported that the president of Kawerak was in
Washington D.C. and working on the issue of how the current
regulations were not working. During discussions with the Alaska
Delegation they learned that there is opportunity for
considerable flexibility in interpreting the current regulations
in statute. They hope that a multi agency meeting will provide
the opportunity to exercise that flexibility and move forward
without trying to make legislative changes.
SENATOR LINCOLN expressed the desire to have in hand the speech
that U.S. Senator Stevens made to the joint body and noted that
he spode to the fact that he is concerned about erosion. She
asked whether addressing the issue means that he intends to
change some regulations.
MS BALTAR thought he was trying to do that and then remarked
that the Corps' burdensome process adds millions of dollars to
the cost estimates for these projects. That should be taken into
consideration because Kawerak believes that it would cost much
less to move a village than the amount that is currently
projected.
CHAIR STEDMAN called on Art Ivanoff.
ART IVANOFF, executive director of the Native Village of
Unalakleet, participated via teleconference and concurred with
statements made by the Kawerak and Shishmaref representatives.
He said it is significant that of the 213 villages in Alaska,
flooding and erosion impact 184 and four are immanently
threatened. Because global warming is occurring he wondered
where the villages would be in 10 to 20 years.
He reported that the various entities have been working to
change the federal cost benefit policy because most villages
don't have the economies of scale or population base to justify
the Corps spending money in the communities.
CHAIR STEDMAN asked Senator Olson if he wanted the committee to
consider the suggested change.
SENATOR OLSON replied the recommendation was good, but the
additional resolve could be inserted in another committee.
SENATOR LINCOLN made a motion to move SJR 25 from committee with
individual recommendations and attached fiscal note. There being
no objection, it was so ordered.
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