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