Legislature(2015 - 2016)BUTROVICH 205

04/10/2015 03:30 PM Senate RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Public Testimony --
+ HJR 18 LIMIT DECLARATION OF NATL. MONUMENTS TELECONFERENCED
Moved SCS CSHJR 18(RES) Out of Committee
*+ SB 101 STATE PARKS FEES & SALES OF MERCHANDISE TELECONFERENCED
Heard & Held
+= SB 50 AIDEA: BONDS;PROGRAMS;LOANS;LNG PROJECT TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
          HJR 18-LIMIT DECLARATION OF NATL. MONUMENTS                                                                       
                                                                                                                                
3:30:58 PM                                                                                                                    
CHAIR  GIESSEL  announced  the consideration  of  HJR  18  [CSHJR
18(RES) was before the committee].                                                                                              
                                                                                                                                
SENATOR  COSTELLO moved  to  adopt  SCS HJR  18(  ), version  29-                                                               
LS0707\N, as the working document.                                                                                              
                                                                                                                                
CHAIR GIESSEL objected for discussion purposes.                                                                                 
                                                                                                                                
JEFF  TURNER,  staff  to  Representative  Millett,  Alaska  State                                                               
Legislature,  Juneau, Alaska,  explained  that HJR  18 urges  the                                                               
United  States Congress  to pass  the Improved  National Monument                                                               
Designation  Process   Act.  Sponsored   by  U.S.   Senator  Lisa                                                               
Murkowski  and  co-sponsored  by  Senator Dan  Sullivan,  SB  437                                                               
creates  new  requirements  and   limits  the  authority  of  the                                                               
president  to  create  or expand  existing  monuments  under  the                                                               
Antiquities  Act  of 1906.  Passed  under  the administration  of                                                               
President Teddy Roosevelt, it grants  the president of the United                                                               
States the  power to create  national monuments that  protect and                                                               
preserve important land marks  in environmentally sensitive areas                                                               
using the  smallest area  necessary to  conserve and  protect the                                                               
monument.                                                                                                                       
                                                                                                                                
3:32:50 PM                                                                                                                    
SENATOR MICCICHE joined the committee.                                                                                          
                                                                                                                                
MR. TURNER  continued that  while this act  has been  used wisely                                                               
for  decades to  preserve  some of  America's  most pristine  and                                                               
important areas,  a lot  has changed. There  are more  demands on                                                               
public lands than  ever and state and local economies  need to be                                                               
taken into consideration. Tourism,  hunting, commercial and sport                                                               
fishing,  and  natural resource  development  all  take place  on                                                               
public lands. The time has come  to make the process for creating                                                               
national monuments more comprehensive.                                                                                          
                                                                                                                                
3:32:59 PM                                                                                                                    
He  said   SB  437  makes   three  significant  changes   to  the                                                               
Antiquities Act. First, it requires  specific authorization by an                                                               
act  of Congress  to designate  a national  monument. Second,  it                                                               
requires  approval  by  the state  legislature  and,  for  marine                                                               
national   monuments,  it   requires  approval   by  each   state                                                               
legislature  within  100  miles  of the  proposed  monument.  And                                                               
third, it must conform to  the National Environmental Policy Act.                                                               
These  commonsense  changes will  bring  the  act into  the  21st                                                               
Century.                                                                                                                        
                                                                                                                                
Why is the improved National  Monument Designation Process Act so                                                               
important and why is it important  to Alaska? Right now there are                                                               
142 national monuments nationwide; 10  of them were created and 2                                                               
more   were  expanded   since  the   current  administration   in                                                               
Washington, D.C., started  its second term in  January 2013. They                                                               
were all created  without the approval of Congress  or the states                                                               
where  the monuments  were created.  The last  one in  Alaska was                                                               
created by President Carter in 1978.                                                                                            
                                                                                                                                
Senator  Murkowski   filed  this   legislation  because   she  is                                                               
concerned  about  the potential  for  new  national monuments  in                                                               
Alaska that are  going to restrict or  outright prohibit critical                                                               
economic  activity. Two  possible sites,  in particular,  are the                                                               
Aleutian  Islands  and  the   Arctic  National  Wildlife  Refuge.                                                               
President Obama  will be in Alaska  this summer and no  one knows                                                               
if he will announce the creation  of a new national monument, but                                                               
the two  senators are worried that  will happen and filed  SB 437                                                               
and Representative Millett filed HJR 18 to support it.                                                                          
                                                                                                                                
MR. TURNER referred  to an article from the  Fairbanks Daily News                                                               
Miner January  25 in  which Senator  Murkowski said  that nothing                                                               
will happen in  congress and she was worried  the president would                                                               
use  the authority  of the  Antiquities  Act and  put the  Arctic                                                               
National Wildlife  Reserve (ANWR) in permanent  wilderness status                                                               
and lock it up.                                                                                                                 
                                                                                                                                
This month  the White  House transmitted  to Congress  its formal                                                               
request to  designate the  Coastal Plain  of ANWR  as wilderness.                                                               
The proposal is  very unlikely to pass congress, so  the stage is                                                               
set for the president to use  the Antiquities Act and lock up the                                                               
most  promising  on-shore oil  and  gas  prospect in  the  entire                                                               
country  and starve  the TransAlaska  Pipeline  (TAPS) from  oil.                                                               
They are not seeking to  stop creation of new national monuments,                                                               
but to make the process better.                                                                                                 
                                                                                                                                
3:33:48 PM                                                                                                                    
SENATOR STOLTZE joined the committee.                                                                                           
                                                                                                                                
3:36:11 PM                                                                                                                    
RANDY RUARO, Staff to Senator  Stedman, Alaska State Legislature,                                                               
Juneau, Alaska,  said that Senator  Stedman had proposed  on page                                                               
2, lines 10-15  and lines 24-26, to insert  language that reminds                                                               
the federal government  that there is already in  statute the "no                                                               
more clauses"  of Alaska National Interest  Land Conservation Act                                                               
(ANILCA)  that were  intended to  prevent unilateral  exercise of                                                               
federal authority to designate more  wilderness areas or parks in                                                               
Alaska.  His language  supplements the  intent of  the resolution                                                               
well, which is  to add clarity and boundaries to  the exercise of                                                               
executive authority.                                                                                                            
                                                                                                                                
CHAIR GIESSEL  asked Mr. Turner  if the change was  acceptable to                                                               
the sponsor.                                                                                                                    
                                                                                                                                
MR. TURNER answered yes.                                                                                                        
                                                                                                                                
CHAIR GIESSEL removed  her objection and the Senate  CS for CSHJR
18, version N, was adopted.                                                                                                     
                                                                                                                                
SENATOR  STEDMAN noted  that a  couple of  the national  monument                                                               
proclamations had  been abolished: one  in Lake Lewis  and Clark,                                                               
Montana,  and another  one the  Shoshone cabins  in Wyoming.  So,                                                               
apparently, it can be done.                                                                                                     
                                                                                                                                
MR. TURNER  commented that national monuments  had been abolished                                                               
in the past  for a couple of reasons: one  is a national monument                                                               
that  later  on  was  determined  to  not  be  that  historically                                                               
significant;  another  one  was  a  site  explored  by  a  French                                                               
explorer in  North or  South Dakota and  it was  later determined                                                               
that explorer  was never at  that site.  Another in New  York was                                                               
taken over and turned into a state/national park.                                                                               
                                                                                                                                
SENATOR MICCICHE said what is  scary about the Antiquities Act is                                                               
that  the  one that  was  vetoed  by  a  state in  Jackson  Hole,                                                               
Wyoming, was not overridden by the court.                                                                                       
                                                                                                                                
MR. TURNER summarized  that there are over 300  million people in                                                               
this country, but  the power to create a  national monument rests                                                               
entirely  in  the hands  of  one  person  who  can't seem  to  be                                                               
challenged on any level.                                                                                                        
                                                                                                                                
3:41:30 PM                                                                                                                    
SENATOR  COGHILL offered  Amendment  1  on page  2,  line 15,  to                                                               
delete "by federal legislation" and say  that no more land in the                                                               
state should be set aside, period.                                                                                              
                                                                                                                                
CHAIR GIESSEL objected for discussion.                                                                                          
                                                                                                                                
SENATOR STEDMAN said it was fine with him.                                                                                      
                                                                                                                                
MR. RUARO  said the amendment  is important because the  "no more                                                               
clause"   has  expanded   beyond  legislation   by  Congress   to                                                               
unilateral action by the president, as well.                                                                                    
                                                                                                                                
MR. TURNER said the sponsor approves of the change.                                                                             
                                                                                                                                
CHAIR  GIESSEL   removed  her   objection  and   without  further                                                               
objection, Amendment 1 was adopted.                                                                                             
                                                                                                                                
3:44:30 PM                                                                                                                    
SENATOR MICCICHE  said considering  the Jackson Hole  case, which                                                               
used the Antiquities Act for  a national monument, he wondered if                                                               
ANILCA  could give  Alaska standing  if the  same issue  occurred                                                               
under the "no more clause."                                                                                                     
                                                                                                                                
MR.  RUARO  replied  that  ANILCA  gives  Alaska  a  very  strong                                                               
position of standing if that same situation were to occur here.                                                                 
                                                                                                                                
CHAIR GIESSEL  opened public testimony  and finding  none, closed                                                               
public testimony.                                                                                                               
                                                                                                                                
3:45:47 PM                                                                                                                    
SENATOR WIELECHOWSKI joined the committee.                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI  asked how many acres  President George Bush                                                               
expanded under the Antiquities Act.                                                                                             
                                                                                                                                
MR. TURNER  replied that he didn't  have that number in  front of                                                               
him, but would get it.                                                                                                          
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  how  many  new  national  monuments                                                               
President George Bush established.                                                                                              
                                                                                                                                
MR. TURNER answered that he didn't see one on his list.                                                                         
                                                                                                                                
SENATOR  WIELECHOWSKI   said  he  thought  that   list  might  be                                                               
inaccurate and asked  if he had a listing of  how many presidents                                                               
established national monuments.                                                                                                 
                                                                                                                                
MR. TURNER answered 16.                                                                                                         
                                                                                                                                
SENATOR  STEDMAN remarked  on  the magnitude  of  the impacts  on                                                               
Alaska regardless of which president  did it and he thought there                                                               
would be more emphasis on Alaska in the future.                                                                                 
                                                                                                                                
3:48:37 PM                                                                                                                    
SENATOR MICCICHE said  it looks there were 15  by President Obama                                                               
and President George Bush did 6.                                                                                                
                                                                                                                                
MR.  TURNER corrected  his  previous testimony  and  said 6  were                                                               
created under the second President Bush.                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  said his 2009  article says  President Bush                                                               
invoked the  Antiquities Act to establish  three marine monuments                                                               
that protect 125  million acres of habitat, and  according to the                                                               
article,  it was  the most  sweeping use  of the  Antiquities Act                                                               
since 1906.  He asked if  the resolution  could be made  more bi-                                                               
partisan.                                                                                                                       
                                                                                                                                
CHAIR GIESSEL responded  that the information in  his article was                                                               
outdated and that President Obama had created 15.                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI asked if the  legislature took any action or                                                               
do  any  resolutions  when President  Bush  undertook  his  "most                                                               
sweeping actions since 1906."                                                                                                   
                                                                                                                                
MR. TURNER replied that he wasn't  aware of any and explained the                                                               
point they are trying to make  is that an unprecedented number of                                                               
national monuments  had been created  and expanded in  this state                                                               
in the space of two years and one month.                                                                                        
                                                                                                                                
3:51:03 PM                                                                                                                    
He  understood  Senator  Wielechowski's point  about  pointing  a                                                               
finger  at the  current administration,  but this  is for  future                                                               
administrations. The  point is  that a  public process  should be                                                               
created that  brings everyone  to the table  instead of  just one                                                               
person having the ability to create a national monument.                                                                        
                                                                                                                                
3:51:38 PM                                                                                                                    
SENATOR WIELECHOWSKI asked if they  should urge revocation of all                                                               
national monuments  that have been invoked  by presidents without                                                               
congressional approval as part of this resolution.                                                                              
                                                                                                                                
MR.  TURNER   answered  that  was  not   part  of  Representative                                                               
Millett's  resolution and  there is  a concern  about what  could                                                               
happen to ANWR when President Obama visits Alaska.                                                                              
                                                                                                                                
3:52:26 PM                                                                                                                    
SENATOR STEDMAN asked  the committee to reflect  that Sitka under                                                               
President Taft was  number 24. On the repeal issue,  if they were                                                               
to do that, it would be  attractive to look at Glacier Bay, which                                                               
is the area lost to submerged lands.                                                                                            
                                                                                                                                
3:54:38 PM                                                                                                                    
SENATOR MICCICHE commented that the  focus on Alaska seemed to be                                                               
from President Carter with Admiralty Island.                                                                                    
                                                                                                                                
SENATOR COSTELLO  moved to report SCS  CSHJR 18( ), version  N as                                                               
amended,  from  committee  with  individual  recommendations  and                                                               
attached fiscal note(s).  There were no objections  and SCS CSHJR
18(RES) was reported from Senate Resources Standing Committee.                                                                  
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
HJR18 Ver. H.PDF SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Ver. E.PDF SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Explaination of Changes.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Sponsor Statement.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Fiscal Note.PDF SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Supporting Documents -NPCA National Monuments List.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Supporting Documents-ADN Article.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Supporting Documents-Deseret News Editorial.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Supporting Documents-KUCB News Article.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Supporting Documents-Legislation and Policy Article.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Supporting Documents-NPS Antiquities Act 1906.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Supporting Documents-S. 437.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
HJR18 Supporting Documents-S.437 News Release.pdf SRES 4/10/2015 3:30:00 PM
HJR 18
SB 101.pdf SRES 4/10/2015 3:30:00 PM
SB 101
SB 101 Transmittal Letter.pdf SRES 4/10/2015 3:30:00 PM
SB 101
SB 101 Fiscal Note.pdf SRES 4/10/2015 3:30:00 PM
SB 101
SB 101 Briefing Paper.pdf SRES 4/10/2015 3:30:00 PM
SB 101
SB50 Transmittal Letter.pdf SRES 4/10/2015 3:30:00 PM
STRA 3/10/2015 3:30:00 PM
SB 50
SB50 Fact Sheet.pdf SRES 4/10/2015 3:30:00 PM
STRA 3/10/2015 3:30:00 PM
SB 50
SB50 Fiscal Note-DCCED-AIDEA-Zero-2-11-15.pdf SRES 4/10/2015 3:30:00 PM
STRA 3/10/2015 3:30:00 PM
SB 50
SB50 Sectional Analysis.pdf SRES 4/10/2015 3:30:00 PM
STRA 3/10/2015 3:30:00 PM
SB 50
FBX North Star Borough R2015-08.pdf SNRG 3/10/2015 3:30:00 PM
SRES 4/10/2015 3:30:00 PM
SB 50
Fairbanks Chamber Letter of Support for HB 105 & SB 50.pdf SNRG 3/10/2015 3:30:00 PM
SRES 4/10/2015 3:30:00 PM
HB 105
SB 50
SB50 ver A.pdf SNRG 3/10/2015 3:30:00 PM
SRES 4/10/2015 3:30:00 PM
SB 50
SB50 Fact Sheet.pdf SNRG 3/10/2015 3:30:00 PM
SRES 4/10/2015 3:30:00 PM
SB 50
SB 50 CS NRG version W dated 3-26-15.PDF SNRG 3/26/2015 3:30:00 PM
SRES 4/10/2015 3:30:00 PM
SB 50
SB50 Summary of Changes ver A to ver W.pdf SRES 3/30/2015 3:30:00 PM
SRES 4/3/2015 3:30:00 PM
SRES 4/10/2015 3:30:00 PM
SB 50
SB50 Supporting Documents-Furie LLC letter 3-2015.pdf SRES 3/30/2015 3:30:00 PM
SRES 4/3/2015 3:30:00 PM
SRES 4/10/2015 3:30:00 PM
SB 50
SB 50 Letter of Support Merrick Peirce.pdf SRES 3/30/2015 3:30:00 PM
SRES 4/3/2015 3:30:00 PM
SRES 4/10/2015 3:30:00 PM
SB 50
SB50-AIDEA PowerPoint.pdf SRES 4/10/2015 3:30:00 PM
SB 50
CSHJR18 Explanation of Changes Version E to N.pdf SRES 4/10/2015 3:30:00 PM
SB 50 - Coghill Amendment 29-GS1019 W.2.pdf SRES 4/10/2015 3:30:00 PM
SB 50
CSHJR18-Version N.pdf SRES 4/10/2015 3:30:00 PM
HJR 18