Legislature(2003 - 2004)

03/31/2004 01:05 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HJR 41-LAND RECREATIONAL VISITOR PROTECTION ACT                                                                               
                                                                                                                              
CO-CHAIR  DAHLSTROM announced  that  the next  order of  business                                                               
would be HOUSE  JOINT RESOLUTION NO. 41, Relating  to support for                                                               
the Federal Land Recreational Visitor Protection Act.                                                                           
                                                                                                                                
Number 0525                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BETH KERTTULA,  sponsor  of HJR  41, thanked  Mr.                                                               
Glude, Mr. Handy, and Mr.  Janes, members of the Juneau community                                                               
who do avalanche work and have helped save many lives.                                                                          
                                                                                                                                
JULIE LUCKY,  Staff to  Representative Beth  Kerttula, introduced                                                               
HJR 41, for the sponsor and testified:                                                                                          
                                                                                                                                
     Alaska  does have  the highest  per  capita death  from                                                                    
     avalanche  rate,   which  is  not  a   statistic  we're                                                                    
     particularly proud  of.  This legislature  and previous                                                                    
     legislatures  have  shown  a  commitment  to  avalanche                                                                    
     safety by  designating November as  avalanche awareness                                                                    
     month.   We did a  bill just  this year, and  have done                                                                    
     resolutions  in the  past.   All of  those have  passed                                                                    
     unanimously.  But, we do  need to do more for avalanche                                                                    
     safety.                                                                                                                    
                                                                                                                                
     Senator Stevens  [U.S. Congress] has introduced  S. 931                                                                    
     ... in April of 2003.   It sits currently in the Senate                                                                    
     Committee on  Energy and Natural Resources  and has not                                                                    
     had a hearing.   ... What we would like  to do with our                                                                    
     resolution  is send  the message  that this  is also  a                                                                    
     priority for Alaska.                                                                                                       
                                                                                                                                
Number 0763                                                                                                                     
                                                                                                                                
STEVE HANDY, Juneau Mountain Rescue, testified:                                                                                 
                                                                                                                                
     Juneau  Mountain Rescue  is  responsible  for snow  and                                                                    
     avalanche search  and rescue  operations in  the Juneau                                                                    
     operational area, which  is rather large.   It covers a                                                                    
     great amount of area where  people recreate in the snow                                                                    
     skiing,  snowboarding,  [and]  snow machining.    We're                                                                    
     also responsible  for high  angle technical  rescue and                                                                    
     back country search and rescue operations.                                                                                 
                                                                                                                                
     Many resources are put at  risk during these search and                                                                    
     rescue operations.  Again, I'm  here to speak on behalf                                                                    
     of the  search and rescue  community -- we're  the guys                                                                    
     who  go out  there,  it's not  the  fire department  or                                                                    
     anybody  else, it's  Juneau  Mountain  Rescue or  maybe                                                                    
     PJ's - Air Force para-rescue jumpers.                                                                                      
                                                                                                                                
     The knowledge  and training  and resources  proposed by                                                                    
     this   bill  [resolution]   would  not   only  have   a                                                                    
     tremendous impact  on reducing  the number  of injuries                                                                    
     [and] deaths ... caused to  those who are recreating in                                                                    
     the outback,  but, from my  perspective, it  would also                                                                    
     reduce  the exposure  of  rescue  individuals to  these                                                                    
     same things.                                                                                                               
                                                                                                                                
     When you go  out there, after an  avalanche has ripped,                                                                    
     all that  tells you is  that another one's going  to go                                                                    
     too, or  it's high probable  ....  Granted, that  we do                                                                    
     exercise   great   safety   and  we   generally   don't                                                                    
     jeopardize  our own  lives knowingly,  we're still  out                                                                    
     there.  We  use a large number  of resources, including                                                                    
     Army  resources,  private  helicopter  operations,  ...                                                                    
     whatever we can to get out there.                                                                                          
                                                                                                                                
     I know, from  my own exposure, and I live  and play and                                                                    
     work  in  the  outback,  I know  that  my  friends  and                                                                    
     colleagues,  through the  efforts of  the national  ski                                                                    
     patrol  and Bill  Glude's  operation [Southeast  Alaska                                                                    
     Avalanche Center]  with the avalanche  research center,                                                                    
     this  education,  this  training, at  this  level,  has                                                                    
     greatly reduced a number of operations.                                                                                    
                                                                                                                                
     We can't  measure how many haven't  happened.  However,                                                                    
     if  the  resources  are allocated,  if  we  have  these                                                                    
     resources  and this  training can  grow  to spread  out                                                                    
     statewide,  then it  can have  nothing but  a ...  huge                                                                    
     impact on taking  away our dubious title  as the number                                                                    
     one state for avalanche deaths.                                                                                            
                                                                                                                                
Number 0979                                                                                                                     
                                                                                                                                
REPRESENTATIVE GUTTENBERG  referred to page 2  of the resolution,                                                               
[line 4]  where the National  Park System is mentioned  and asked                                                               
if  Mr.  Handy  could  compare  the  avalanche  problems  in  the                                                               
National Park System with those outside of the system.                                                                          
                                                                                                                                
MR. HANDY  replied that  he could  not but  added that  those who                                                               
recreate in those areas don't know the difference either.                                                                       
                                                                                                                                
REPRESENTATIVE  GATTO asked  how  often  the rescuers  themselves                                                               
have to be rescued.                                                                                                             
                                                                                                                                
MR.  HANDY  stated that  in  the  course  of  his five  years  of                                                               
experience, they  had not had  one incident where  this happened.                                                               
He attributed this success to training.                                                                                         
                                                                                                                                
REPRESENTATIVE  GATTO noted  that he  believed that  in the  fire                                                               
department's   experience  and   statistically,  the   number  of                                                               
rescuers that die exceeds the number of people rescued.                                                                         
                                                                                                                                
MR. HANDY was  not familiar with these statistics  but noted that                                                               
he  believes  the  training  and resources  that  would  be  made                                                               
available by  the passage  of HJR 41  could greatly  reduce those                                                               
statistics  as  well.   He  said  the  fire department  does  not                                                               
normally  respond to  incidents  in the  outback  [in the  Juneau                                                               
area].                                                                                                                          
                                                                                                                                
BOB JANES, National Ski Patrol;  Juneau Ski Patrol, stated he was                                                               
very active in winter sports  recreation and had been involved in                                                               
the  previous and  current avalanche  warning systems  throughout                                                               
the state.                                                                                                                      
                                                                                                                                
     I have  been involved ... [with]  especially the thrust                                                                    
     to reinstate, if you will,  some of the shortcomings of                                                                    
     what has  existed here  in the  overall system  for the                                                                    
     last  20  years.   That's  namely,  credible  avalanche                                                                    
     forecasting  methods and  that is  included in  Senator                                                                    
     Stevens' proposed  [S.] 931, among other  things.  It's                                                                    
     an overall umbrella effort for public education.                                                                           
                                                                                                                                
     I represent the National  Ski Patrol system today which                                                                    
     includes the  Alaska division of that  national system,                                                                    
     and the local Juneau ski patrol.   I'm also a member of                                                                    
     Bill  Glude's  Alaska  Avalanche  Center  Board.    I'm                                                                    
     mainly  endorsing this  joint  [House] resolution  from                                                                    
     the standpoint ... in order  to get Senate Bill 931 out                                                                    
     of  committee and  proceeding along  because it  covers                                                                    
     everything  that really  is needed  and  some of  these                                                                    
     shortcomings I mentioned ....                                                                                              
                                                                                                                                
Number 1252                                                                                                                     
                                                                                                                                
REPRESENTATIVE  STEPOVICH asked  for  the number  one reason  for                                                               
avalanche death.   He supported  the facts that awareness  is the                                                               
key  and  that recreational  activity  is  not curtailed  by  the                                                               
resolution.                                                                                                                     
                                                                                                                                
MR. JANES replied,  "The awareness is the primary  mission of the                                                               
National Ski  Patrol system.   Their  mission statement  today is                                                               
priority on  public education, and training,  and prevention, and                                                               
all of this in the interest of public safety."                                                                                  
                                                                                                                                
REPRESENTATIVE GUTTENBERG asked where  does Juneau get armaments,                                                               
weapons, and munitions for avalanche control.                                                                                   
                                                                                                                                
MR. JANES replied, "Primarily through  previous contacts with the                                                               
military  units,   a  lot  of   the  previous   surplus  military                                                               
ammunition  for  the recoilless  rifle  that's  right across  the                                                               
channel  here,  the   105  millimeter  and  also   75,  are  used                                                               
throughout  the  United  States.   There's  still  some  of  that                                                               
military information available on the surplus market."                                                                          
                                                                                                                                
REPRESENTATIVE  GUTTENBERG asked  if there  was a  cost to  train                                                               
local personnel.                                                                                                                
                                                                                                                                
MR. JANES replied,  "There's a cost involved  in training because                                                               
it's  ...  a   technical  maneuver.    Generally,   the  cost  of                                                               
munitions, and transportation, getting  them here through federal                                                               
aircraft or what have you, is pretty nominal."                                                                                  
                                                                                                                                
Number 1406                                                                                                                     
                                                                                                                                
BILL GLUDE, Director, Southeast Alaska Avalanche Center,                                                                        
testified:                                                                                                                      
                                                                                                                                
     I've  been  an   avalanche  researcher,  and  educator,                                                                    
     forecaster, and consultant since  the 1970s.  ... Since                                                                    
     1995 with the Avalanche  Center, I've personally taught                                                                    
     over 5,000 people in avalanche courses.                                                                                    
                                                                                                                                
     We currently have  no operating budget at  all and I've                                                                    
     been  keeping  track  of  hours this  year.    I'll  be                                                                    
     donating  about two  to three  thousand hours  worth of                                                                    
     time to avalanche education.   The only funding that we                                                                    
     have this year is  $3,000 for doing avalanche education                                                                    
     throughout  Southeast,  which  includes travel  to  the                                                                    
     outlying communities, and $10,000  in two small grants.                                                                    
     One [is] from [the] Skaggs  Foundation and one from Sea                                                                    
     Dogs, which is  covering some of our  basic expenses to                                                                    
     keep  the program  operational.   Other than  that, I'm                                                                    
     volunteering all  my time except for  when I'm actually                                                                    
     teaching courses.  We are a non-profit.                                                                                    
                                                                                                                                
     These  [a chart  entitled  US  Avalanche Fatalities  by                                                                    
     State, the  last 10 years]  are some figures  that were                                                                    
     compiled last fall.                                                                                                        
                                                                                                                                
     For  the last  10  years,  what you  can  see there  is                                                                    
     Alaska is  number one for  avalanche fatalities  -- not                                                                    
     just  per   capita,  but  total  number   of  avalanche                                                                    
     fatalities.  If  you looked out at per  capita, we'd be                                                                    
     far, far ahead  of Colorado which is second.   They are                                                                    
     a much larger state than  we are in terms of population                                                                    
     and they have far more winter visitors.                                                                                    
                                                                                                                                
     The other  key difference,  I think, in  Alaska, that's                                                                    
     worth focusing  on, is  that in  many of  these states,                                                                    
     most  of the  avalanche fatalities  are recreationists.                                                                    
     But, in  Alaska, we have  workers who are exposed.   We                                                                    
     lost  an  operator  on  the   Seward  Highway  who  was                                                                    
     clearing  debris  from an  earlier  slide  in the  year                                                                    
     2000.  We lost a  person who was operating an excavator                                                                    
     on a construction project for  a power plant in Cordova                                                                    
     also  a few  years  ago.   We have  a  number of  urban                                                                    
     residents who  are exposed.   We also have a  number of                                                                    
     transportation corridors that are affected.                                                                                
                                                                                                                                
Number 1574                                                                                                                     
                                                                                                                                
MR. GLUDE continued:                                                                                                            
                                                                                                                                
     I  got   some  figures  from  the   State  Division  of                                                                    
     Emergency  Services,  after  the  year  2000  avalanche                                                                    
     cycle, and their  best estimate of a  ballpark cost for                                                                    
     that  whole avalanche  cycle was  about $11,000,000  in                                                                    
     total  damages.   What they  didn't  calculate was  the                                                                    
     disruption    of    commerce,   the    disruption    of                                                                    
     transportation, and  all the  ripple effects  of those,                                                                    
     which are considerable.                                                                                                    
                                                                                                                                
     Avalanches are something that  in Alaska really affects                                                                    
     all  of   us.    We   lead  the  nation   in  avalanche                                                                    
     fatalities, yet if  you look at that chart,  all of the                                                                    
     states  that have  a  significant  number of  avalanche                                                                    
     fatalities   on  that   chart  have   federally  funded                                                                    
     avalanche education  and forecasting programs  with the                                                                    
     sole exception  of Alaska.   We're  the one  state that                                                                    
     doesn't have anything.                                                                                                     
                                                                                                                                
     We've  got a  couple  little non-profits,  we've got  a                                                                    
     number of groups  like the ski patrol  and the mountain                                                                    
     rescue group that are working with  us.  We have in the                                                                    
     Chugach  National Forest,  the Chugach  National Forest                                                                    
     Avalanche  Center, which  is simply  one ranger  who is                                                                    
     out  doing  winter  patrols   who  cares  enough  about                                                                    
     avalanches to be  looking at the snow  while he's doing                                                                    
     that  and  using  their  existing  website  to  try  to                                                                    
     publicize the information. ...                                                                                             
                                                                                                                                
     There were  a couple  of questions about  provisions in                                                                    
     the bill  that I  can probably address.   One  that's a                                                                    
     little  confusing is  why  is  Senator Stevens  running                                                                    
     this  through  the  National  Park  Service  (NPS)  and                                                                    
     Department  of Interior  when  traditionally it's  been                                                                    
     agriculture  and the  Forest Service  that has  handled                                                                    
     avalanche  issues.   The  answer  to  that is,  it's  a                                                                    
     simple matter of political strategy.                                                                                       
                                                                                                                                
     The Forest  Service, as  we all know,  is very  fond of                                                                    
     their   hierarchy.     They  like   everything  to   be                                                                    
     controlled  right  from the  top  all  the way  to  the                                                                    
     bottom and  one of their  priorities right now  is that                                                                    
     we not  have any  nationwide federal level  earmarks of                                                                    
     funding.   The problem is  when you're dealing  with an                                                                    
     issue like  avalanches, you need a  coordinated program                                                                    
     nationwide to allocate the  resources, so, for example,                                                                    
     states like Alaska don't get left  out.  In order to go                                                                    
     around the  Forest Service's  hierarchy, he  has routed                                                                    
     the money  through interior, and  put the  Secretary of                                                                    
     Interior  in charge,  and  then set  up  a board  which                                                                    
     would administer the money.                                                                                                
                                                                                                                                
     The other issue  is that this was originally  set up at                                                                    
     a  bill  to address  the  availability  of weapons  and                                                                    
     ammunition  for  avalanche  explosive  work.    It  was                                                                    
     expanded to cover research, education,  and many of the                                                                    
     other avalanche  concerns, so,  you'll notice  there is                                                                    
     quite a  focus on the  availability of weaponry  in the                                                                    
     bill, but it does cover other uses as well.                                                                                
                                                                                                                                
     We had a question on the  risk to rescuers.  I know of,                                                                    
     in the last 10 years,  in Europe there was one instance                                                                    
     where [an]  avalanche rescue  party that  was searching                                                                    
     for  victims  of a  first  avalanche  was hit  and  its                                                                    
     members were  killed by a secondary  avalanche.  That's                                                                    
     the only  one I know  of, but  it's always a  risk that                                                                    
     we're  quite  aware  of  because  avalanches  are  like                                                                    
     salmon --  if there's one avalanche  there are probably                                                                    
     other avalanches - they come in runs.                                                                                      
                                                                                                                                
Number 1769                                                                                                                     
                                                                                                                                
CO-CHAIR MASEK stated she did not believe that Hatcher Pass was                                                                 
in the national parks and wondered how this resolution would                                                                    
affect the Hatcher Pass area where there are many avalanches.                                                                   
                                                                                                                                
MR. GLUDE replied that the funding in Senate Bill 391 was in no                                                                 
way restricted to national parks.  He said:                                                                                     
                                                                                                                                
     We do lose  quite a few climbers on  Denali every year,                                                                    
     most of  them from out  of state.   But it  would allow                                                                    
     funding  to any  entity, including  private businesses,                                                                    
     departments   of  transportation,   state,  and   local                                                                    
     governments that have avalanche  problems.  It could be                                                                    
     used to address issues in Hatcher Pass and other areas                                                                     
     of Alaska as well.                                                                                                         
                                                                                                                                
CO-CHAIR  DAHLSTROM,  upon  determining  no one  else  wished  to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
Number 1840                                                                                                                     
                                                                                                                                
CO-CHAIR  MASEK moved  to report  HJR  41 out  of committee  with                                                               
individual recommendations and the accompanying fiscal notes.                                                                   
                                                                                                                                
Number 1858                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  stated that the committee  had to finish                                                               
considering her  motion for one  [conceptual] amendment,  page 2,                                                               
line 12,  adding the  Chair and  the Ranking  Member of  the U.S.                                                               
Senate Committee  on Energy and  Natural Resources, to  those who                                                               
are notified.                                                                                                                   
                                                                                                                                
CO-CHAIR  DAHLSTROM  called  for   objections  and  seeing  none,                                                               
adopted Amendment 1.                                                                                                            
                                                                                                                                
Number 1908                                                                                                                     
                                                                                                                                
CO-CHAIR  MASEK  moved to  report  HJR  41,  as amended,  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHJR  41(RES)  was                                                               
reported from the House Resources Standing Committee.                                                                           
                                                                                                                                

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