Legislature(2005 - 2006)BUTROVICH 205

02/08/2005 01:30 PM Senate TRANSPORTATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
= SB 63 USE SEAT BELT ROAD SIGNS
Moved CSSB 63(TRA) Out of Committee
= SB 40 KUSKOKWIM PORT AUTHORITY
Heard & Held
* SB 85 OFF-ROAD VEHICLE USE ON DALTON HIGHWAY
Scheduled But Not Heard
                                                                                                                              
                 SB 40-KUSKOKWIM PORT AUTHORITY                                                                             
                                                                                                                                
2:06:03 PM                                                                                                                    
MR. RYAN MAKINSTER,  staff to Senator John Cowdery,  introduced SB
40,  which would  establish  a port  authority  for the  Kuskokwim                                                              
River area.                                                                                                                     
                                                                                                                                
Senator Hoffman joined the committee.                                                                                           
                                                                                                                                
MR.  MAKINSTER continued  the  boundary  for the  authority  would                                                              
extend along  the river ten miles  on either side. The  purpose of                                                              
the authority  would be to  develop and improve  infrastructure in                                                              
the  area  such  as transportation,  energy  and  waste  disposal.                                                              
Revenue bonds bring  together infrastructure. Revenue  bonds would                                                              
fund  regional projects  and  would be  secured  by the  mechanism                                                              
used to  pay back the  bond with no  obligation to the  state. The                                                              
board  of  the  port  authority  would  consist  of  nine  members                                                              
nominated by private and public people.                                                                                         
                                                                                                                                
2:08:51 PM                                                                                                                    
Unemployment  rates  in  the  Kuskokwim   area  are  high  as  are                                                              
associated  transportation costs.  Many people  will benefit  from                                                              
the associated regional projects, which would include mining.                                                                   
                                                                                                                                
2:10:47 PM                                                                                                                    
Locals  would  not  see  any benefit  from  the  mine  except  for                                                              
possible  job creation.  Development  of the  mine should  benefit                                                              
the area and not just a limited populace.                                                                                       
                                                                                                                                
SENATOR THERRIAULT  referred to a map included in  the bill packet                                                              
and  asked  Mr. Makinster  to  explain  where the  port  authority                                                              
would be.                                                                                                                       
                                                                                                                                
MR. MAKINSTER  referenced  the crosshatched  area outlined  on the                                                              
map.                                                                                                                            
                                                                                                                                
CHAIR HUGGINS asked about a road from Donlin to Yukon River.                                                                    
                                                                                                                                
MR. MAKINSTER stated the road was no longer being considered.                                                                   
                                                                                                                                
2:12:18 PM                                                                                                                    
CHAIR HUGGINS asked for a larger version of the map.                                                                            
                                                                                                                                
SENATOR COWDERY  asked whether  the governor's  office was  slated                                                              
to testify.                                                                                                                     
                                                                                                                                
CHAIR HUGGINS said no.                                                                                                          
                                                                                                                                
2:13:27 PM                                                                                                                    
SENATOR  FRENCH  asked  how the  Kuskokwim  Port  Authority  would                                                              
differ  from  AIDEA  (Alaska  Industrial  Development  and  Export                                                              
Authority).                                                                                                                     
                                                                                                                                
MR. MAKINSTER said that hadn't been thought out yet.                                                                            
                                                                                                                                
SENATOR  COWDERY interjected  the Kuskokwim  Port Authority  would                                                              
be appointed  by the  governor. In  turn the  board would  hire an                                                              
executive director.  He said  that was  different from  AIDEA. The                                                              
Donlin Creek Mine is proven to have more than 12 million ounces.                                                                
                                                                                                                                
SENATOR  THERRIAULT asked  Mr. Makinster  to go  over the  list on                                                              
page 2,  lines 17-20.  He noted the  breadth of it  is one  of the                                                              
criticisms from those suspicious of the bill.                                                                                   
                                                                                                                                
2:16:07 PM                                                                                                                    
MR.  MAKINSTER responded  the  language was  used  for other  port                                                              
authorities,  such as  the Anchorage  Port  Authority. It  doesn't                                                              
dictate but  allows them to work  in the areas for  the betterment                                                              
of  the  region.  Some  of  the  current  concerns  of  the  local                                                              
residents  are misguided  because  the  port authority  would  not                                                              
dictate everything  in the  region. It gives  them the  ability to                                                              
revenue bond and to gather as a group.                                                                                          
                                                                                                                                
2:18:02 PM                                                                                                                    
CHAIR  HUGGINS asked  Mr.  Makinster to  address  the concerns  of                                                              
those in opposition to the bill.                                                                                                
                                                                                                                                
MR. MAKINSTER  explained the  Kuskokwim Corporation  concerns have                                                              
been  addressed.  They  feel  the   port  authority  will  try  to                                                              
override control  of their  areas. That is  not the intent  of the                                                              
sponsor. The  port authority  would allow  them a better  economic                                                              
base.  Economies of  scale prove  the infrastructure  set up  by a                                                              
port  authority  would  be  better  economically  for  the  entire                                                              
region.                                                                                                                         
                                                                                                                                
CHAIR HUGGINS  asked whether the intent  of SB 40 is to  add value                                                              
to the region.                                                                                                                  
                                                                                                                                
MR. MAKINSTER replied yes.                                                                                                      
                                                                                                                                
SENATOR  KOOKESH  noted a  major  concern  of  the people  of  the                                                              
Kuskokwim community  is that none of their committees  were spoken                                                              
to  regarding  formation of  a  borough.  He asked  Mr.  Makinster                                                              
whether he has contacted the community.                                                                                         
                                                                                                                                
MR. MAKINSTER affirmed  they spoke with Kuskokwim  Corporation two                                                              
weeks   ago.  Their   concerns   include   not  being   adequately                                                              
represented  on  the board.  Specific  language  in SB  40  states                                                              
members of the board should come from many different arenas.                                                                    
SENATOR KOOKESH  asked whether  the sponsor  talked to  either the                                                              
State  Representative   or  State   Senator  who  represents   the                                                              
communities.                                                                                                                    
                                                                                                                                
MR. MAKINSTER replied no.                                                                                                       
                                                                                                                                
SENATOR KOOKESH  asked Senator  Cowdery whether  he has  talked to                                                              
the  State Representative  or  State  Senator who  represents  the                                                              
communities.  He  said six  of  the  ten  communities are  in  his                                                              
district.                                                                                                                       
                                                                                                                                
SENATOR COWDERY said he spoke to Senator Hoffman.                                                                               
                                                                                                                                
SENATOR  KOOKESH  expressed concern  that  he was  not  considered                                                              
when drafting of the bill. The communities have valid concerns.                                                                 
                                                                                                                                
SENATOR COWDERY  said he  asked Chair  Huggins not  to move  SB 40                                                              
today.                                                                                                                          
                                                                                                                                
2:23:43 PM                                                                                                                    
CHAIR  HUGGINS encouraged  Senator Kookesh  to speak  to the  bill                                                              
sponsor regarding any concerns.                                                                                                 
                                                                                                                                
SENATOR KOOKESH  admonished Senator  Cowdery for failure  to speak                                                              
to the  State Senator and  State Representative who  represent the                                                              
communities before introducing SB 40.                                                                                           
                                                                                                                                
2:25:16 PM                                                                                                                    
SENATOR  FRENCH asked  whether  anyone has  spoken  to the  Donlin                                                              
Creek and Placerville  stakeholders to find out  their position on                                                              
the bill.                                                                                                                       
                                                                                                                                
MR.   MAKINSTER  said   they  are   working  with   them  but   no                                                              
determination has been made yet as to the course of development.                                                                
                                                                                                                                
SENATOR  COWDERY said  it was not  his intention  to ram  anything                                                              
through or  to bypass  anybody. He said  he was disappointed  that                                                              
someone from the governor's office was not present.                                                                             
                                                                                                                                
CHAIR HUGGINS asked Mr. Makinster to remain with the committee.                                                                 
                                                                                                                                
2:27:19 PM                                                                                                                    
MR. LEO  MORGAN, chairman of  Kuskokwim Corporation,  testified in                                                              
opposition of SB  40. Neither the Corporation nor  the communities                                                              
were  contacted  regarding  the   bill.  Their  lands  include  10                                                              
village corporations  that merged in 1977. One  hundred and twenty                                                              
linear  miles  of the  proposed  port  authority is  on  Kuskokwim                                                              
land.   Kuskokwim   Corporation   supports  development   of   the                                                              
exploratory mine. SB  40 does not include communities  east of the                                                              
proposed  port  authority  and  they are  members  of  the  merged                                                              
corporation,  including  Georgetown,  Red  Devil,  Sleetmute,  and                                                              
Stony River.                                                                                                                    
                                                                                                                                
2:29:21 PM                                                                                                                    
The  scope  of  the  proposed port  authority  is  too  broad  and                                                              
includes  activities that  would  normally be  done  by a  borough                                                              
with elected representation.  The governor would  appoint the port                                                              
authority  board  and  there  would   be  no  assurance  that  the                                                              
villages  would  be adequately  represented.  The  Port  Authority                                                              
could discourage formation of local government.                                                                                 
                                                                                                                                
2:30:54 PM                                                                                                                    
CHAIR  HUGGINS asked  Mr. Morgan  whether  the community  supports                                                              
mining activity.                                                                                                                
                                                                                                                                
MR. MORGAN responded yes.                                                                                                       
                                                                                                                                
SENATOR  COWDERY asked  Mr. Morgan  how  he would  like the  board                                                              
members appointed.                                                                                                              
                                                                                                                                
MR. MORGAN said he would appoint members from the affected area.                                                                
                                                                                                                                
SENATOR COWDERY  asked Paul Fuhs to  describe the role  of a board                                                              
member.                                                                                                                         
                                                                                                                                
MR. PAUL  FUHS, lobbyist,  Kuskokwim Corporation,  said he  helped                                                              
write  Alaska's Port  Authority  laws in  1993  with Senator  Drue                                                              
Pearce. One  of the  most important  jobs of the  board is  to lay                                                              
forward a development plan.                                                                                                     
                                                                                                                                
2:33:55 PM                                                                                                                    
The board  sets the direction and  is the actual  decision makers.                                                              
The   executive    director   executes   day-to-day    operations,                                                              
negotiates, and  makes recommendations to the board.  The majority                                                              
actions of the board determine what the port authority does.                                                                    
                                                                                                                                
SENATOR  LYMAN  HOFFMAN  informed   the  committee  the  Kuskokwim                                                              
Corporation is  a for profit  corporation. Their  primary interest                                                              
is to make money for their shareholders.                                                                                        
                                                                                                                                
2:36:24 PM                                                                                                                    
SENATOR KOOKESH  asked Mr.  Fuhs if he  would be more  comfortable                                                              
if SB 40 listed specifically where the board members come from.                                                                 
                                                                                                                                
MR.  FUHS  answered  under  the  Alaska  Constitution  you  cannot                                                              
specify  where a  board  member comes  from  and you  specifically                                                              
cannot specify a board member from a private corporation.                                                                       
                                                                                                                                
2:38:27 PM                                                                                                                    
CHAIR HUGGINS invited Senator Olson to join the committee.                                                                      
                                                                                                                                
MR.  FUHS continued  a port  authority  works when  people in  the                                                              
community  all want  it  to  happen and  municipalities  generally                                                              
form them.  People have  to vote  on it and  local people  have to                                                              
support it. When  the boundaries were drawn people  were left out.                                                              
Placer  Dome  wants to  see  the  local people  working  together.                                                              
Calista owns  the subsurface  and Kuskokwim  Corporation  owns the                                                              
surface. The  right-of-way would  go across Kuskokwim  Corporation                                                              
land so they will have a huge role in the development.                                                                          
                                                                                                                                
SENATOR   KOOKESH  asked   whether   there   would  be   continued                                                              
discussion   between  the   Kuskokwim   Corporation  and   Senator                                                              
Cowdery.                                                                                                                        
                                                                                                                                
MR. FUHS  said they met with  Senator Cowdery's  staff immediately                                                              
upon hearing about the bill and put their issues on the table.                                                                  
                                                                                                                                
2:41:35 PM < Recess > 2:50:56 PM                                                                                            
                                                                                                                                
MR.  THOR   WILLIAMS,  city  council   member,  City   of  Bethel,                                                              
testified.  Bethel is  the  largest port  in  western Alaska.  The                                                              
city  supports  the  communities  and would  offer  to  help  with                                                              
economic development.                                                                                                           
                                                                                                                                
2:53:00 PM                                                                                                                    
CHAIR HUGGINS asked Mr. Williams to expound.                                                                                    
                                                                                                                                
MR. WILLIAMS said  they understand that issues are  out there with                                                              
several  parties. They  have questions  whether  their port  would                                                              
have a  role in the  proposed port authority.  The City  of Bethel                                                              
supports development.                                                                                                           
                                                                                                                                
2:55:10 PM                                                                                                                    
SENATOR COWDERY  asked Mr. Williams  whether he had ideas  for the                                                              
make up of the board.                                                                                                           
                                                                                                                                
MR.  WILLIAMS  said  they  would  support  representation  of  the                                                              
corporations  and the  local communities  as well  as the  City of                                                              
Bethel and the City of Napakiak.                                                                                                
                                                                                                                                
2:58:12 PM                                                                                                                    
CHAIR HUGGINS asked Mr. Williams to state their major concerns.                                                                 
                                                                                                                                
MR. WILLIAMS said  predominantly it is the question  of the impact                                                              
to their own port  authority. It is a seasonal  port that supplies                                                              
needs for  the lower Kuskokwim and  for the upper Kuskokwim  up to                                                              
McGrath.                                                                                                                        
                                                                                                                                
3:01:39 PM                                                                                                                    
MR.  BOB CHARLES,  vice president,  Calista Corporation,  affirmed                                                              
they  do  own  the subsurface  resource  acreage  in  the  region.                                                              
Calista has  participated in numerous  meetings around  the region                                                              
to  talk  about  the  project.   They  determined  an  opportunity                                                              
existed  to  bring  the  communities  together  in  financing  and                                                              
developing  infrastructure.   Cultivating  and   developing  their                                                              
resources   presents   opportunity   for   long-term   sustainable                                                              
development.  The port authority  could help  bring the  different                                                              
stakeholders  together to  directly participate  in the  financing                                                              
of other projects.                                                                                                              
                                                                                                                                
3:04:43 PM                                                                                                                    
SENATOR COWDERY  asked Mr.  Charles whether he  knew of  any other                                                              
minerals in the area.                                                                                                           
                                                                                                                                
MR CHARLES  advised there is  primarily gold, platinum,  and small                                                              
quantities of other minerals.                                                                                                   
                                                                                                                                
SENATOR COWDERY asked the amount of gold.                                                                                       
                                                                                                                                
MR CHARLES  said Donlin  Creek is indicated  to have  11.1 million                                                              
ounces of gold. The grade is an average of three grams per ton.                                                                 
                                                                                                                                
SENATOR COWDERY asked how power would get to the mine.                                                                          
                                                                                                                                
MR CHARLES stated  they are currently looking at  renewable energy                                                              
and a power plant.                                                                                                              
                                                                                                                                
3:08:39 PM                                                                                                                    
SENATOR COWDERY asked whether shallow gas was available.                                                                        
                                                                                                                                
MR CHARLES said there was potential but probably not feasible.                                                                  
                                                                                                                                
SENATOR COWDERY asked the amount of power needed.                                                                               
                                                                                                                                
MR  CHARLES   said  there  is  70   mega  watts  of   power  plant                                                              
requirement for the mine.                                                                                                       
                                                                                                                                
3:09:48 PM                                                                                                                    
SENATOR COWDERY asked where the road would be.                                                                                  
                                                                                                                                
MR  CHARLES advised  it was  proposed  to be  below Crooked  Creek                                                              
towards Donlin Creek.                                                                                                           
                                                                                                                                
CHAIR  HUGGINS asked  whether Calista  Corporation was  supportive                                                              
of a port authority.                                                                                                            
                                                                                                                                
MR  CHARLES  said  yes.  It  would   bring  all  the  stakeholders                                                              
together.                                                                                                                       
                                                                                                                                
3:14:16 PM                                                                                                                    
SENATOR  COWDERY   asked  the  labor   needs  for  a   full  scale                                                              
operation.                                                                                                                      
                                                                                                                                
MR CHARLES expects to see 700 jobs created.                                                                                     
                                                                                                                                
SENATOR COWDERY asked the depth to pay dirt.                                                                                    
                                                                                                                                
MR CHARLES speculated 1/2 billion tons of overburden.                                                                           
                                                                                                                                
3:18:01 PM                                                                                                                    
MS.  EVELYN  THOMAS, vice  president,  Crooked  Creek  Traditional                                                              
Council,  testified.  The  Council  met and  concluded  they  must                                                              
support SB  40. They hope  to have the  port authority in  the mid                                                              
Kuskokwim region.                                                                                                               
                                                                                                                                
CHAIR HUGGINS  asked her to characterize  the view of  the Crooked                                                              
Creek Traditional Council.                                                                                                      
                                                                                                                                
MS.  THOMAS assured  him  they are  very  supportive. The  tribe's                                                              
position is  they must have some  input in the development  of the                                                              
area.                                                                                                                           
                                                                                                                                
3:21:08 PM                                                                                                                    
CHAIR HUGGINS held  SB 40 in committee. He invited  the governor's                                                              
administration  to  the next  hearing  on SB  40.  There being  no                                                              
further business  to come before  the committee, he  adjourned the                                                              
meeting at 3:23:05 PM.                                                                                                        

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