Legislature(2003 - 2004)

03/27/2003 03:20 PM House O&G

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HJR 17-LEASES IN NATL PETROLEUM RESERVE                                                                                       
                                                                                                                                
Number 0104                                                                                                                     
                                                                                                                                
CHAIR KOHRING  announced that the  first order of  business would                                                               
be  HOUSE  JOINT  RESOLUTION NO.  17,  Strongly  encouraging  the                                                               
Secretary of  the Interior to conduct  additional competitive oil                                                               
and  gas lease  sales within  the National  Petroleum Reserve  in                                                               
Alaska.                                                                                                                         
                                                                                                                                
CHAIR  KOHRING,  sponsor,  informed  members  that  the  National                                                               
Petroleum  Reserve  in  Alaska  [known  on  its  Bureau  of  Land                                                               
Management (BLM)  web site  as National  Petroleum Reserve-Alaska                                                               
(NPR-A)] was  established in 1923  by President Harding as  a 23-                                                               
million-acre area  from which to  acquire oil  in the event  of a                                                               
national  emergency.   Then called  Naval Petroleum  Reserve [No.                                                               
4], NPR-A  is the largest  block of federal  land in Alaska.   In                                                               
1976, Congress  transferred management  to the Department  of the                                                               
Interior,  with  a  provision   that  oil  development  would  be                                                               
prohibited except  by Act of  Congress; in 1980, the  reserve was                                                               
opened with a further provision  that 50 percent of the royalties                                                               
from any oil  extracted would go to the State  of Alaska, despite                                                               
the fact that the reserve is federal land.                                                                                      
                                                                                                                                
CHAIR KOHRING said  Alaska stands to benefit  from additional oil                                                               
exploration  there.   He suggested  this is  timely:   because of                                                               
Congress's  recent  vote  against  opening  the  Arctic  National                                                               
Wildlife Refuge  (ANWR) [to exploration  and development],  it is                                                               
prudent to aggressively look at other  areas in Alaska.  He noted                                                               
that  Drue  Pearce,  former  state Senate  president  and  now  a                                                               
special  assistant  for  the U.S.  Department  of  the  Interior,                                                               
recently recommended submitting a resolution of this nature.                                                                    
                                                                                                                                
Number 0375                                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLM  offered his  understanding that  the state's                                                               
50  percent doesn't  necessarily go  into the  general fund.   He                                                               
asked about that.                                                                                                               
                                                                                                                                
CHAIR  KOHRING  observed  that  nobody  from  the  Department  of                                                               
Revenue  was at  the  meeting  or on  teleconference.   He  asked                                                               
Mr. Buckendorf to respond.                                                                                                      
                                                                                                                                
Number 0528                                                                                                                     
                                                                                                                                
RANDAL  G.  BUCKENDORF,   Counsel,  Anchorage  Legal  Department,                                                               
ConocoPhillips  Alaska,  Inc. ("ConocoPhillips"),  presented  his                                                               
own testimony  first.   Mr. Buckendorf  informed members  that he                                                               
does both  environmental and pipeline-related legal  work; he has                                                               
been participating  in the  NPR-A environmental  impact statement                                                               
(EIS)  analysis, beginning  in 1998  with the  northeast planning                                                               
area, and  continuing now with  the northwest planning area.   He                                                               
told members:                                                                                                                   
                                                                                                                                
     ConocoPhillips    believes   it    is   possible    for                                                                    
     environmentally  sound and  culturally responsible  oil                                                                    
     and  gas exploration  and development  to occur  in the                                                                    
     National Petroleum Reserve-Alaska.   As I mentioned, in                                                                    
     1998 the Bureau of  Land Management, the BLM, conducted                                                                    
     a similar  environmental impact statement  process and,                                                                    
     as a result of that, held  two lease sales, in 1999 and                                                                    
     again  in  2002; this  is  for  the northeast  planning                                                                    
     area.   As  a result  of that,  ConocoPhillips and  our                                                                    
     partner,  Anadarko Petroleum  Corporation, participated                                                                    
     in  those lease  sales and  are the  number-one acreage                                                                    
     holders in the northeast planning area.                                                                                    
                                                                                                                                
     We have  also been  fortunate to  be successful  in our                                                                    
     exploration  process,   and  just  this   January  have                                                                    
     proposed  the  first  development in  [NPR-A].    We're                                                                    
     currently    conducting   the    environmental   impact                                                                    
     statement  process  for   three  satellite  development                                                                    
     projects  that  will be  produced  back  to our  Alpine                                                                    
     project.  That process is currently underway.                                                                              
                                                                                                                                
Number 0672                                                                                                                     
                                                                                                                                
MR.   BUCKENDORF   addressed   the   northwest   planning   area.                                                               
Explaining  why ConocoPhillips  supports  "Alternative A" in  the                                                               
draft EIS,  he said it is  the only option that  makes the entire                                                               
"high-prospectivity area"  available for lease  in a  manner that                                                               
provides  meaningful  access  to  the northernmost  part  of  the                                                               
reserve,   the  "Barrow   arch,"  without   imposing  unnecessary                                                               
restrictions   upon   surface   occupancy.      Contending   that                                                               
Alternative  A   will  fully   protect  sensitive   wildlife  and                                                               
traditional  lifestyles,  he  said it  doesn't  "prematurely  and                                                               
categorically exclude  leasing from  certain lands  without first                                                               
understanding  the potential  negative  impacts  of the  proposed                                                               
development, if  any, and whether  such potential impacts  can be                                                               
mitigated  or eliminated."   Saying  Alternative A  appropriately                                                               
identifies  sensitive areas  while reserving  the application  of                                                               
specific  protective  measures  until   the  future,  when  site-                                                               
specific   evaluations   and    determinations   can   be   made,                                                               
Mr. Buckendorf suggested BLM should  proceed with this lease sale                                                               
as quickly as possible.                                                                                                         
                                                                                                                                
Number 0850                                                                                                                     
                                                                                                                                
MR.  BUCKENDORF  returned   attention  to  Representative  Holm's                                                               
question and said:                                                                                                              
                                                                                                                                
     The  50-50 split,  ... as  part  of the  revenue-impact                                                                    
     process,  is split  between the  federal and  state and                                                                    
     local governments.   As part of the  1998 analysis, the                                                                    
     1999 lease  sale and  2002 lease sale  resulted in  - I                                                                    
     don't have the  specific numbers here in front  of me -                                                                    
     well  over a  hundred million  dollars in  lease sales,                                                                    
     bonuses.   50 percent does  go to the state;  the state                                                                    
     then shares  that with local impacted  governments, the                                                                    
     North Slope Borough ... particularly.                                                                                      
                                                                                                                                
     That  money  goes  into  what   is  termed  an  "impact                                                                    
     assistance  fund."   I believe  in the  '99 lease  sale                                                                    
     about  ... 60  to  70 percent  ultimately  went to  the                                                                    
     North  Slope  Borough.  ... The  latest  data  was  not                                                                    
     available ... as of last  week for the 2002 lease sale.                                                                    
     The way I  understand the process is that  if there are                                                                    
     any  funds  left  that  do   not  go  into  the  impact                                                                    
     assistance  fund, then  that can  be utilized  and goes                                                                    
     into the general fund.                                                                                                     
                                                                                                                                
Number 0970                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HOLM  asked  whether   possibly  there  could  be                                                               
nothing left for the state, then.                                                                                               
                                                                                                                                
MR. BUCKENDORF  suggested the Department of  Revenue could answer                                                               
better, but  said monies  always go  to the  state and  that what                                                               
ends up  going to the local  boroughs - the North  Slope Borough,                                                               
in this instance - is for the impact assistance fund.                                                                           
                                                                                                                                
CHAIR KOHRING offered  to explore with the  Department of Revenue                                                               
different hypothetical  scenarios and what kinds  of monies could                                                               
be expected.   He  mentioned potential gain  in terms  of general                                                               
economic growth and  jobs, as well as money  to local communities                                                               
such as Barrow.                                                                                                                 
                                                                                                                                
MR.  BUCKENDORF offered  to provide  data that  he'd prepared  to                                                               
submit in testimony in two weeks.                                                                                               
                                                                                                                                
Number 1073                                                                                                                     
                                                                                                                                
REPRESENTATIVE  FATE remarked  that how  much of  the state's  50                                                               
percent  will be  used for  impact funds  and so  forth won't  be                                                               
known ahead  of time.   It depends  on "what is  turned in"  to a                                                               
committee that determines  the impact to villages  and whether to                                                               
grant the money.   Furthermore, this money could be  put into the                                                               
permanent  fund or  PCE [power  cost equalization],  for example,                                                               
and  thus there  might  not be  any money  put  into the  state's                                                               
general fund.                                                                                                                   
                                                                                                                                
Number 1240                                                                                                                     
                                                                                                                                
JAMES  COWAN, Geologist,  Division of  Oil &  Gas, Department  of                                                               
Natural  Resources,  in  response   to  Chair  Kohring,  said  he                                                               
supports the  resolution.  He said  the revenue sharing is  a big                                                               
aspect  and  that  Representative   Fate  had  painted  a  pretty                                                               
accurate  picture of  how it  works.   He noted  that a  specific                                                               
statute  establishes how  those  funds will  be distributed,  and                                                               
agreed that the  general fund might not receive a  lot.  He added                                                               
that the funds are unpredictable  and depend on the sale results,                                                               
development results, and production.                                                                                            
                                                                                                                                
CHAIR  KOHRING  asked whether  Mr.  Cowan  thinks the  timing  is                                                               
appropriate  because of  the recent  [congressional vote  against                                                               
opening] ANWR.                                                                                                                  
                                                                                                                                
MR. COWAN answered in the affirmative.                                                                                          
                                                                                                                                
Number 1308                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE  asked whether  Mr. Cowan believes  this will                                                               
redirect  the federal  efforts away  from  continuing efforts  to                                                               
open ANWR.                                                                                                                      
                                                                                                                                
MR. COWAN said  this has been a concern for  several years within                                                               
the state administration  and DNR.  He added that  he believes it                                                               
is  important for  the state  to  have a  benchmark for  revenue-                                                               
planning purposes.                                                                                                              
                                                                                                                                
Number 1393                                                                                                                     
                                                                                                                                
CHAIR KOHRING offered  his assessment that the  industry is quite                                                               
supportive of this  resolution.  He said the  state should pursue                                                               
all significant opportunities for oil development in the state.                                                                 
                                                                                                                                
CHAIR KOHRING noted  that everyone who'd signed  up had testified                                                               
already.  He turned attention to members' comments.                                                                             
                                                                                                                                
Number 1423                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE  expressed concern  about the  timing, saying                                                               
the  focus on  NPR-A  has been  used repeatedly  in  the past  to                                                               
refocus away  from ANWR.   He emphasized  his desire to  keep the                                                               
focus on ANWR instead.                                                                                                          
                                                                                                                                
CHAIR  KOHRING  respectfully  disagreed.   He  said  he'd  prefer                                                               
drilling in ANWR, but doesn't  see this resolution as refocusing.                                                               
Rather, it is an addition  for expanding oil and gas development.                                                               
Even if  few dollars go into  the general fund, it  will help the                                                               
economy in a substantial way.                                                                                                   
                                                                                                                                
Number 1621                                                                                                                     
                                                                                                                                
REPRESENTATIVE   McGUIRE   suggested   adding  a   section   that                                                               
encourages a shift in the percentage Alaska will receive.                                                                       
                                                                                                                                
CHAIR  KOHRING  said  he'd  be receptive  to  such  a  conceptual                                                               
amendment.                                                                                                                      
                                                                                                                                
Number 1720                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE  pointed out  that the  50-50 split  has been                                                               
adjudicated through  litigation brought by the  recipients of the                                                               
impact  funds; the  State  of  Alaska lost.    He questioned  the                                                               
propriety  of  requesting in  a  resolution  a different  set  of                                                               
figures.                                                                                                                        
                                                                                                                                
REPRESENTATIVE HOLM  asked Representative  Fate whether  there is                                                               
some vehicle by  which the state could change how  the state's 50                                                               
percent is applied with regard to the general fund.                                                                             
                                                                                                                                
REPRESENTATIVE  FATE  answered that  the  50  percent is  already                                                               
affected by  the "impact  money."  He  surmised that  changing it                                                               
such  that  the  federal  government receives  40  percent  would                                                               
require an  Act of Congress.   If the state then  got 60 percent,                                                               
he asked,  would the state get  10 percent more or  would that 60                                                               
percent  be split  up through  "the impact  funds"?   He said  he                                                               
wasn't sure.                                                                                                                    
                                                                                                                                
Number 1945                                                                                                                     
                                                                                                                                
REPRESENTATIVE  McGUIRE said  she envisioned  a "WHEREAS"  clause                                                               
that would  encourage the congressional delegation  to explore an                                                               
Act of  Congress to change  the percentage  to 60-40.   She added                                                               
that she wasn't sure whether it was worth pursuing.                                                                             
                                                                                                                                
REPRESENTATIVE  FATE said  he'd  be amenable  after looking  into                                                               
whether it  would be proper  and could be  done.  He  pointed out                                                               
that it  is federal property  that goes  back to the  Teapot Dome                                                               
scandal, and suggested the chance of success would be remote.                                                                   
                                                                                                                                
Number 2070                                                                                                                     
                                                                                                                                
CHAIR KOHRING  reiterated that he  is amenable  to Representative                                                               
McGuire's  suggestion,  and  said  he'd like  to  lobby  for  the                                                               
highest percentage possible for Alaska.   He proposed that he and                                                               
his  staff  research  the  issue, however,  with  an  eye  toward                                                               
bringing it to the House Resources Standing Committee.                                                                          
                                                                                                                                
Number 2114                                                                                                                     
                                                                                                                                
REPRESENTATIVE CRAWFORD  spoke in  favor of  the resolution.   He                                                               
remarked that Representative Fate's  comments gave him pause, and                                                               
that he  didn't want anything  to take  away from the  chances of                                                               
success with ANWR.  He said  he believes there is a better chance                                                               
of getting  the jobs sooner  through NPR-A, however, and  that he                                                               
doesn't  believe  this resolution  would  be  detrimental to  the                                                               
efforts towards ANWR.                                                                                                           
                                                                                                                                
Number 2215                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG  stated support  for the  resolution, but                                                               
highlighted a national move to  focus on NPR-A [instead of ANWR].                                                               
He  questioned  the economic  benefit  to  the state  because  of                                                               
current constraints.                                                                                                            
                                                                                                                                
Number 2324                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HOLM moved  to  report HJR  17  out of  committee                                                               
[with  individual  recommendations  and the  accompanying  fiscal                                                               
notes].                                                                                                                         
                                                                                                                                
REPRESENTATIVE FATE objected.                                                                                                   
                                                                                                                                
A  roll call  vote was  taken.   Representatives Holm,  Rokeberg,                                                               
McGuire,  Crawford,  Kerttula,  and  Kohring voted  in  favor  of                                                               
reporting  HJR  17 from  committee.    Representative Fate  voted                                                               
against  it.   Therefore,  HJR  17 was  reported  from the  House                                                               
Special Committee on Oil and Gas by a vote of 6-1.                                                                              
                                                                                                                                

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