Legislature(2013 - 2014)BARNES 124
03/10/2014 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| 344 | |
| HB334 | |
| HJR30 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 334 | TELECONFERENCED | |
| *+ | HB 344 | TELECONFERENCED | |
| *+ | HB 351 | TELECONFERENCED | |
| *+ | HJR 30 | TELECONFERENCED | |
| + | TELECONFERENCED |
HJR 30-IZEMBEK LAND EXCHANGE
2:17:45 PM
CO-CHAIR SADDLER announced that the next order of business would
be HOUSE JOINT RESOLUTION NO. 30, Requesting that the federal
government and the United States Secretary of the Interior
reconsider the Izembek Land Exchange decision and approve the
Izembek Land Exchange, allowing the residents of King Cove to
have road access to the Cold Bay Airport for critical health and
safety reasons and to improve the quality of their lives.
2:18:07 PM
REPRESENTATIVE BOB HERRON, Alaska State Legislature, testifying
as the prime sponsor, stated that HJR 30 dissects the "no
action" decision by now U.S. Secretary [of the Department of th
Interior (DOI)] Sally Jewell. He asserted that the Environment
Impact Statement (EIS) did not follow the law, and the
resolution points that out and seeks to have the legislature
endorse this resolution and send it to Washington, D.C. He
explained that this refers to the Omnibus Public Land Management
Act of 2009, endorsed unanimously by the legislature [in 2010
with passage of House Bill 210]. The federal act required an
EIS, which was worked on for four years. As you know, he said,
former U.S. Secretary [of DOI] Ken Salazar rejected the
proposal, affirmed by Secretary Jewell, essentially blocking the
land swap and the public safety corridor from King Cove to Cold
Bay.
2:19:37 PM
REPRESENTATIVE HERRON explained that federal case law and
Congressional actions have reinforced the principle that trust
responsibilities to Alaska Natives applies to all federal
officials, all federal decisions, and all federal activities.
He offered his belief that USFWS conveniently decided it is
exempt from this [Act], but of course they are not. He said
that the DOI likes the situation, such that the Bureau of Indian
Affairs had the trust responsibility for Alaska Natives, and by
custom the Assistant Secretary of the Interior - Indian Affairs
- has been an American Indian or an Alaska Native. However, the
U.S. Office of Management & Budget (OMB) reduced their funding
and the administration moved the office to the White House
Domestic Policy Council. Now it is conveniently housed, in most
part, by the Senate Committee on Indian Affairs. Thus, the role
of trust responsibility has gotten farther and farther removed
from the DOI.
REPRESENTATIVE HERRON indicated that the U.S. Courts have warned
the federal officials they are bound by every moral and
equitable consideration to discharge this trust responsibility
in good faith and fairness. Although everyone can read the
resolution, substantial background exists, in particular, that
the U.S. Fish and Wildlife Service (USFWS) believes it is exempt
and does not have a responsibility for public safety and people.
Still, the Congress has explicitly associated trust
responsibility with six federal departments - Education, Energy,
Health and Social Services, Housing and Urban Development,
Labor, and the DOI.
2:21:46 PM
REPRESENTATIVE HERRON related the background of this decision.
He referred to page 2, line 4, that highlighted the legislature
unanimously passed House Bill 210, approving the state's
participation in the Omnibus Public Land Management Act of 2009.
The state wants the land exchange, he said. He referred to page
2, lines 29-31, in which the USFWS publicly stated, "safety
considerations are important, but they were not a factor in this
decision-- at least not a factor we analyzed, since we only
analyzed the environmental impacts, which is what we were called
upon to do since we are not a public safety organization", ...."
He reminded members everyone has seen USFWS employees "pack a
weapon" and in fact, they take actions to protect public safety.
REPRESENTATIVE HERRON, fast forwarding to 2013, noted he was in
King Cove when the Assistant Secretary of Indian Affairs, Kevin
Washburn, visited the community. He said he was also present
with U.S. Senator Lisa Murkowski when Secretary Jewell visited
the community. He emphasized what the agencies have chosen to
leave out is that the federal agencies have not produced a
public interest finding that is required. He further said that
the process requires the federal government to state why there
isn't a need for medical evacuations of Alaska Natives and also
to remove members of the community from a dangerous situation.
2:24:17 PM
REPRESENTATIVE HERRON, referring to language on page 4, lines 3-
6, related that HJR 30 states the federal government and the
Secretary of the Interior purposefully ignored biological and
technical information concerning environmental justice and
transportation considerations. He referred to page 4, line 15,
and noted Secretary Jewell's decision did not provide the
required reports. After listening to all of the K-12 students,
Secretary Jewell said, "I've listened to your concerns, now I
must listen to the animals." He reported that subsequently
Secretary Jewell did essentially the same thing at the community
meeting.
REPRESENTATIVE HERRON concluded that the USFWS thinks it is
exempt from a trust responsibility to the Alaska Natives. This
resolution addresses how the USFWS purposefully and willingly
did not follow the Act or the Congressional Case Law.
REPRESENTATIVE HERRON related that when he was in Washington,
D.C., last week, Senator Lisa Murkowski personally requested she
be able to testify on HJR 30. He said this issue is important
to her because it is an example of how callous the DOI has
become in its responsibilities to Alaska.
2:26:16 PM
REPRESENTATIVE HERRON pointed out members' packets contain a
photograph entitled "U.S. Fish & Wildlife Service - Your Guide
to Hunting on National Wildlife Refuges" that depicts three bird
hunters. One reason given for the USFWS's "no action decision"
was due to the impact on black brant and the eel grass. He read
an excerpt from the guide, as follows, "... it appears hardy
water fowlers can hunt in the eelgrass to pursue and achieve
their daily bag limit of black brant, and then search for
ptarmigan on the upland year-round."
REPRESENTATIVE HERRON said that the trust responsibility is not
a limitation on Alaska Natives freedoms and rights; instead, it
is a limit on the federal government over Alaska Natives and
Alaskans, specifically the DOI's authority over Alaska. The
most recent Izembek [National Wildlife Refuge] decision has
utterly ignored the responsibilities that the federal government
is required to maintain, he stated.
2:27:36 PM
REPRESENTATIVE HAWKER thanked the sponsor for bringing forward
HJR 30. He said:
This whole issue has brought me personally as a state
legislator to a slow burn. And I mean that burn has
gone beyond smoking and, I mean, it's just, it ought
to be a raging fire with every single person in the
state legislature and every person in the State of
Alaska. And this foolishness from the feds has got to
end. It is completely and totally irresponsible for
them to stand in the way of what truly is a public
safety measure.
REPRESENTATIVE HAWKER said if he could he would personally take
a bulldozer and start building the road and let [the federal
government] stop the state. He offered his belief that it has
reached that point in dealing with the "feds" on this issue.
It's time to stop sending these strongly worded letters of
support for something they are obviously not going to do. He
suggested it may be time to take matters into "our own hands"
and just do it. He said that he is happy to support HJR 30.
REPRESENTATIVE HERRON reported that all three members of the
Alaska Congressional Delegation are fired up about this issue.
He acknowledged that they are strident about the way Alaska has
been treated. He hoped U.S. Senator Lisa Murkowski will be able
to testify.
2:29:25 PM
REPRESENTATIVE KAWASAKI noted that proposed road projects have
project alternatives. He asked what the next step is in a "no
action alternative" from the state's perspective.
REPRESENTATIVE HERRON related that for four years the
coordinating agencies determined that there was no other
alternative but a road. However, the EIS ignored this
determination even though the federal agency EIS document was
complete. He offered his belief that this was a pre-engineered
decision to say "no action," and he surmised it was a decision
that was made above Secretary Jewell's "pay grade."
2:30:49 PM
REPRESENTATIVE JOHNSON remarked that he'd like to put on the
record what Alaska is prepared to give up as a state. He asked
for further clarification on the amount of acreage "swap" in the
proposed Izembek Land Exchange.
REPRESENTATIVE HERRON explained the federal government would
receive 60,000 acres and in return the state and local region
would receive 206 acres.
REPRESENTATIVE JOHNSON answered that it speaks for itself.
REPRESENTATIVE SADDLER acknowledged it was a considerable ratio.
REPRESENTATIVE HERRON remarked what is incredible is that even
though the DOI and USFWS are required to consider the human and
public sector factors, those factors were irrelevant to them.
2:32:01 PM
CO-CHAIR SADDLER inquired whether other examples exist in which
the federal government has agreed to be bound by the trust
responsibility.
REPRESENTATIVE HERRON answered yes; case law throughout history
exists in terms of the government's responsibility under
[Article] 16 of the Constitution. However, similar instances
also happen, which he characterized as being an indifference
that seems prevalent. He surmised that the federal government
is geographically removed and feels that Congress has taken over
the trust responsibilities of the Alaska Natives and American
Indians, although that somehow doesn't occur. He suggested a
broader fear of the eight-mile road representing the public-
safety corridor exists such that the DOI is afraid that if it
agrees to this it will set precedent for a public-safety
corridor in every wilderness and every refuge.
2:33:31 PM
CO-CHAIR SADDLER said that the point is it means people can't be
safe in refuges.
REPRESENTATIVE HAWKER suggested that the land Alaska would give
in the Izembek Land Exchange is an amazing ratio, and if his
math is correct it would consist of "34 to 10,000" in terms of
the land the federal government would receive.
2:33:59 PM
REPRESENTATIVE TARR asked whether other public safety
improvements have been considered that might address some of the
health care needs.
REPRESENTATIVE HERRON responded that the environment is the
limitation since the airport is designated "zero-zero" 100 days
per year, noting that King Cove represents an important port for
the fishing industry. Although King Cove has a safe harbor,
once boats are out of the harbor the seas are rough. He
emphasized that this issue really becomes an issue of safe
medical evacuation. He pointed out that 18 people have died,
including members of the U.S. Coast Guard. He referred to the
press release in members' packets dated February 14, 2014,
noting the difficulty of medavac evacuations, yet the community
of approximately 1,000 people lives 25 miles away from one of
the largest airport runways in Alaska. He emphasized the
runway's size by mentioning that it was considered as a second
alternative for space shuttle landings. He stressed that every
alternative was considered and vetted by the coordinating
agencies. One alternative was to use hovercraft, but it was
deemed to be too expensive and not reliable due to the
challenging weather conditions in the region.
2:36:29 PM
CO-CHAIR SADDLER opened public testimony on HJR 30.
2:36:51 PM
SENATOR LISA MURKOWSKI, U.S. Senator, United States Senate, said
she appreciated the opportunity to support HJR 30. She has
previously submitted written testimony; however, she asked to
supplement her testimony. This resolution outlines the history
and long fight that the 953 residents of King Cove have been
engaged in over a decades in order to gain access to a safety
corridor to allow access to the second-longest runway in Alaska
for purposes of life-safety. She emphasized it is important to
reinforce that Secretary [Jewell's] decision on December 23 to
reject the road alternative also rejected the legislative act
that reflected the work of all respective agencies since
legislation passed through the U.S. Senate, was concurred in by
the House of Representatives, and signed into law by the
President of the United States. The one remaining thing was a
best interest finding from the Secretary of the Interior. Her
actions effectively ignored the will of the Congress to move
forward with the land exchange and the safety corridor for the
people of King Cove. She has shared the fact that this is a
300-to-1 land exchange in which the Alaska Natives in King Cove
were willing to give up land they received as part of their
Native land settlement. The state also had agreed that the
exchange would allow for new wilderness areas in the state
despite the typical resolve against adding new wilderness in
Alaska. She said, "Still, this was not good enough for the
Secretary of the Interior, a 300-to-1 exchange."
SENATOR MURKOWSKI remarked that the action defies logic. She
characterized the land exchange rejection as "a stunning
injustice" to the people of King Cove and beyond that an
injustice to the people of Alaska.
2:40:44 PM
SENATOR MURKOWSKI related that Alaska hears far too often the
frightening circumstances in which medical evacuation to
Anchorage is necessary. She said the community faces dangerous
life-threatening circumstance, one of which played out on
February 14, 2014. If not for the heroics of the U.S. Coast
Guard, who knows what might have happened to the woman facing
the medical emergency. Besides the residents of King Cove not
able to gain safety, it also places the men and women serving in
the USCG in dangerous circumstances. The pilots and crews
willingly attempt rescues at considerable risk to themselves and
at considerable financial cost to the taxpayers, she said. In
this instance the dangers could all be avoided with a 10-mile,
one-lane, non-commercial use road.
2:42:14 PM
SENATOR MURKOWSKI said at the time Secretary Jewell rejected the
road, she indicated that she would work to help the people of
King Cove, but no proposal has been forthcoming. In fact, she
has not found one person at the DOI who has moved forward to
improve the situation, and each day that passes the people of
King Cove are placed at risk due to the decisions the federal
government has made.
SENATOR MURKOWSKI appreciated that the committee has advanced a
resolution which is strong, clear, and lays forth the facts and
reasons why it is imperative all Alaskans work to address this
wrong brought about by Secretary Jewell's decision. She offered
her belief that this resolution will help affirm that Alaskans
are united in opposition to the Secretary of the Department of
the Interior's decision and are also united in desiring to
protect the health and safety of those who live in King Cove.
CO-CHAIR SADDLER advised that her written comments will be
distributed to members.
2:44:37 PM
REPRESENTATIVE KAWASAKI thanked Senator Murkowski for her
efforts to help Alaska. He related that Secretary Jewell has
made overtures to indicate she would like to speak to the Alaska
Congressional Delegation on this matter. He pointed out the
language in HJR 30 is somewhat inflammatory, more specifically,
it states "heartless and cold decision" [page 4, line 13]. He
wondered if this type of strongly-worded message is necessary
and whether she stands by that language.
SENATOR MURKOWSKI responded she has used those exact terms, in
fact, she has called Secretary Jewell's decision "heartless"
because she believes the decision was without regard to Alaska's
Native people in King Cove. She said this troubles her greatly,
particularly since the Secretary of DOI has a trust
responsibility to Alaska's Native people. She concurred the
language in the resolution is direct and something Secretary
Jewell will not like to receive, but the state must be very
clear and state in no uncertain terms that Alaskans feel very
strongly this decision should not be allowed since it directly
relates to the safety of the people who live in the region. She
deferred to the committee to carefully and critically examine
the language; however, she stands behind the words she has used.
Ultimately, the legislature must be certain it can stand behind
the words it uses, as well.
2:47:06 PM
SENATOR MURKOWSKI recalled addressing the legislature in
February. She stressed that the King Cove road issue is not an
issue where something else can be found to make it go away. She
emphasized it isn't possible to trade the health and safety of
human beings for another project. In fact, this is not a
project, but is an issue that relates to people's lives in a
remote part of the USA. The government has an obligation -
where possible - to provide a level of safety and ways to
improve the quality of people's lives. She said she has
specifically informed Secretary Jewell that she does not intend
to back down from this and concluded that Alaskans agree a road
is the right decision. However, she acknowledged that the way
Alaska states its case is important. She appreciated that as
lawmakers the legislature is willing to advance a detailed and
direct resolution.
2:48:45 PM
REPRESENTATIVE JOHNSON inquired whether the resolution is
directed at the right person and if Secretary Jewell will be
making the final decision since it didn't seem logical that one
person could stand in the way.
SENATOR LISA MURKOWSKI answered there has been a request for
reconsideration of Secretary Jewell's determination, which
clearly rests with her. She reported that the 2009 legislation
gave responsibility to the Secretary of Interior for making the
best interest determination. She has used every tool available
to ensure that the administration understands how this issue
relates to Alaska. She related that she has had repeated
conversations with Vice-President [Biden] to ensure that he was
aware of Alaska's position. She believed that if Secretary
Jewell decides to make the decision it will be done. However,
she did not think it hurts to direct this resolution to both
Secretary Jewell and the President; however, ultimately she
believes the decision will be made by Secretary Jewell.
2:51:09 PM
CO-CHAIR SADDLER opened public testimony on HJR 30.
2:51:45 PM
HENRY MACK, Mayor, City of King Cove, explained he is a life-
long resident of the City of King Cove. He thanked committee
members and the legislature for the overwhelming support for the
Izembek Land Exchange leading to the approval of the one-lane
gravel road connecting King Cove to the Cold Bay airport. He
recognized Representative Herron who authored HJR 30 and spent
considerable time in King Cove the past few years becoming very
familiar with the transportation access issues. This approval
process has been a long time in the making. He related he
served on the city council in 1976, when the City of King Cove
adopted its first resolution identifying the need for this road
to access the Cold Bay airport. Since that time 12 people have
been killed flying in and out of King Cove and countless
relatives and friends have been adversely impacted by the
necessity for medevac evacuation from King Cove. He expressed
astonishment that the community is still trying to address this
basic quality of life issue for residents with the federal
government. He emphasized the incredible offer to trade over
60,000 acres of state and King Cove Corporation land to the
federal government for 206 acres of the Izembek land to allow
nine miles of one-lane road access to the Cold Bay airport.
2:53:30 PM
MR. MACK noted that two days before Christmas, Secretary Jewell
said no to the people of King Cove. He reported that the entire
community is outraged, particularly since it implies that the
lives of King Cove's residents are not very important to her or
to the USFWS.
MR. MACK said the further insult to the Aleut people of King
Cove was the very flawed and biased EIS, which the federal
government has used to justify this unbelievable decision.
Secretary Jewell has further insulted the community by saying
the marine landing craft could work better than a road to
transport the sick and injured residents of Cold Bay. This
position shows a lack of federal government's awareness of the
extreme weather and marine navigational issues at the Western
end of the Alaska Peninsula. He pointed out this decision is
one of the most recent and extreme examples of federal
government overreach in Alaska. Finally, he stated that this
decision represents a major cultural insult to the predominantly
Aleut residents of King Cove since it completely ignores the
government's trust responsibility to fairly listen and include
the resident's expectations and concerns when decisions are made
that affect the lives of residents. Although the community has
asked Secretary Jewell to reconsider, thus far she has not yet
responded to the mid-January request. He has personally advised
Secretary Jewell and her staff that the matter will not go away
until the right decision is made. In closing, he respectfully
asked members to approve HJR 30 that clearly expresses the
community's needs, frustration, emotions, and expectations on
this critical issue to residents of King Cove. He thanked the
legislature and administration for standing strong and for their
commitment to the community on this important Izembek issue.
2:56:04 PM
MIKE COONS, Director, Citizen Initiatives, Alaska, said he was
testifying on behalf of himself and as the state director of
Citizen Initiatives, a national organization. He has previously
given a presentation on the Izembek land fiasco, which is also
available on the website patriotsride.org. He said he has
previously submitted written testimony to the committee, and he
expressed outrage over Secretary Jewell's decisions and
frustration with the federal government that is more concerned
with politics and animals than Alaskans and Americans. He
expressed further frustration that resolutions passed by the
legislature are read by few and then forgotten. During the past
two years he has yet to see a resolution have any impact on the
Congress to the advantage of Alaska. He said that Citizen
Initiatives has been working on a constitutional amendment
called the countermand amendment to call for a convention of
states under Article V of the U.S. Constitution; however, he has
not been able to get his resolution introduced and passed. The
countermand amendment would give 60 percent of the states the
ability to countermand actions like [the decision] Secretary
Jewell made, could put Alaska and the majority of freedom-loving
states in the driver's seat, and would make these resolutions no
longer needed. The countermand amendment would return to the
states the sovereignty and power over that of an overreaching
and blind federal government. He then offered support for HJR
30, stating it is all we have for now. He asked members to read
the proposed countermand amendment and offered his willingness
to discuss this and future Article V calls.
2:58:54 PM
STANLEY MACK, Mayor, Aleutians East Borough, stated that Mayor
Henry Mack is his nephew. He was born in King Cove but now
lives in Sand Point. He stated that he has been a fisherman for
60 years and thanked members for the opportunity to testify. He
appreciated the strong and consistent support for the issue. He
acknowledged Representative Herron's personal advocacy and
understanding. He said the Izembek Land Exchange will allow a
one-lane gravel road to be built so the 950 residents of King
Cove can finally reach a safe and dependable access to the Cold
Bay airport. As Mayor Henry Mack previously testified, he too,
was appalled and angered by Secretary Jewell's decision two days
before Christmas. He recognized that not all transportation
challenges can be resolved, especially given the weather,
topography, and funding issues throughout Alaska; however, the
King Cove transportation access problem is different because it
can be solved. In fact, it is one reason that the community has
been persistent for so long. He reiterated the unprecedented
land exchange that would have given 60,000 acres in exchange for
200 acres [to allow for road access]. He thanked the
legislature and the governor for standing so strong and
committed to the communities on this controversial issue.
3:01:20 PM
GARY HENNIGH, City Manager, said that both Mayor Henry Mack and
Mayor Stanley Mack have nicely summarized the testimony. He
explained he gave up his time to them, but thanked members for
the opportunity to testify.
3:01:36 PM
CO-CHAIR SADDLER closed public testimony on HJR 30.
REPRESENTATIVE P. WILSON moved to report HJR 30 out of committee
with individual recommendations and the accompanying fiscal
note. There being no objection, HJR 30 was reported from the
House Resources Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB334 Sponsor Statement.pdf |
HRES 3/10/2014 1:00:00 PM |
HB 334 |
| HB334 Ver U Sectional Analysis.pdf |
HRES 3/10/2014 1:00:00 PM |
HB 334 |
| HB334 Version A.pdf |
HRES 3/10/2014 1:00:00 PM |
HB 334 |
| HB334 Version U Work Draft.pdf |
HRES 3/10/2014 1:00:00 PM |
HB 334 |
| HB334-DOR-TAX-03-07-14.pdf |
HRES 3/10/2014 1:00:00 PM |
HB 334 |
| HB351 AQRC Email.xps |
HRES 3/10/2014 1:00:00 PM |
HB 351 |
| HB351 Charles Email.xps |
HRES 3/10/2014 1:00:00 PM |
HB 351 |
| HB351 Frontiersman Article.pdf |
HRES 3/10/2014 1:00:00 PM |
HB 351 |
| HB351 Gilmore Email.xps |
HRES 3/10/2014 1:00:00 PM |
HB 351 |
| HB351 Map.pdf |
HRES 3/10/2014 1:00:00 PM |
HB 351 |
| HB351 Smith Email.xps |
HRES 3/10/2014 1:00:00 PM |
HB 351 |
| HB351 Sponsor Statement.pdf |
HRES 3/10/2014 1:00:00 PM |
HB 351 |
| HB351 Superior Court SOP v. DNR.pdf |
HRES 3/10/2014 1:00:00 PM |
HB 351 |
| HB351 Supreme Court SOP v. DNR Appeal.pdf |
HRES 3/10/2014 1:00:00 PM |
HB 351 |
| HB351 Supreme Court SOP v. DNR.pdf |
HRES 3/10/2014 1:00:00 PM |
HB 351 |
| HB351 Version A.pdf |
HRES 3/10/2014 1:00:00 PM |
HB 351 |
| HB351-DNR-PKS-3-07-14.pdf |
HRES 3/10/2014 1:00:00 PM |
HB 351 |
| HJR30 Coons Email.xps |
HRES 3/10/2014 1:00:00 PM |
HJR 30 |
| HJR30 EIS ExecSum.pdf |
HRES 3/10/2014 1:00:00 PM |
HJR 30 |
| HJR30 KCA Press Release.pdf |
HRES 3/10/2014 1:00:00 PM |
HJR 30 |
| HJR30 KCG Letter to Sec Jewell.pdf |
HRES 3/10/2014 1:00:00 PM |
HJR 30 |
| HJR30 Map.pdf |
HRES 3/10/2014 1:00:00 PM |
HJR 30 |
| HJR30 Press Release 2.13.14.pdf |
HRES 3/10/2014 1:00:00 PM |
HJR 30 |
| HJR30 Sen Murkowski letter to President Obama.pdf |
HRES 3/10/2014 1:00:00 PM |
HJR 30 |
| HJR30 Sponsor Statement.pdf |
HRES 3/10/2014 1:00:00 PM |
HJR 30 |
| HJR30 Version A.pdf |
HRES 3/10/2014 1:00:00 PM |
HJR 30 |
| HJR30-LEG-SESS-03-04-14.pdf |
HRES 3/10/2014 1:00:00 PM |
HJR 30 |
| HB334 AS43.20.049.pdf |
HRES 3/10/2014 1:00:00 PM |
HB 334 |
| HB351 Schmid Email.xps |
HRES 3/10/2014 1:00:00 PM |
HB 351 |
| HJR30 Sen Murkowski HRES Testimony.pdf |
HRES 3/10/2014 1:00:00 PM |
HJR 30 |