Legislature(1999 - 2000)

03/08/1999 01:35 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE RESOURCES STANDING COMMITTEE                                                                                     
                   March 8, 1999                                                                                                
                     1:35 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Scott Ogan, Co-Chair                                                                                             
Representative Jerry Sanders, Co-Chair                                                                                          
Representative Beverly Masek, Vice Chair                                                                                        
Representative Ramona Barnes                                                                                                    
Representative Jim Whitaker                                                                                                     
Representative Mary Kapsner                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative John Harris                                                                                                      
Representative Carl Morgan                                                                                                      
Representative Reggie Joule                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SENATE JOINT RESOLUTION NO. 5 am                                                                                                
Opposing the closure of the former Mount McKinley portions of                                                                   
Denali National Park and Preserve to snowmachine use.                                                                           
                                                                                                                                
     - MOVED SJR 5 am OUT OF COMMITTEE                                                                                          
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: SJR 5                                                                                                                     
SHORT TITLE: SNOWMACHINE USE IN DENALI NAT'L PARK                                                                               
SPONSOR(S): SENATOR(S) HALFORD, Kelly Pete, Taylor, Wilken,                                                                     
Donley, Ward, Leman, Miller, Pearce, Green; REPRESENTATIVE(S)                                                                   
Coghill, James, Therriault, Barnes                                                                                              
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/27/99        99     (S)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/27/99        99     (S)  RES                                                                                                 
 2/01/99       127     (S)  COSPONSOR(S): GREEN                                                                                 
 2/03/99               (S)  RES AT  3:00 PM BUTROVICH ROOM 205                                                                  
 2/03/99               (S)  MOVED OUT OF COMMITTEE                                                                              
 2/03/99               (S)  MINUTE(RES)                                                                                         
 2/04/99       155     (S)  RES RPT  5DP 1NR                                                                                    
 2/04/99       155     (S)  DP: HALFORD, MACKIE, PARNELL, TAYLOR,                                                               
 2/04/99       155     (S)  GREEN; NR: LINCOLN                                                                                  
 2/04/99       155     (S)  ZERO FISCAL NOTE (S.RES)                                                                            
 2/05/99               (S)  RLS AT 11:20 AM FAHRENKAMP RM 203                                                                   
 2/05/99               (S)  MINUTE(RLS)                                                                                         
 2/08/99       185     (S)  RULES TO CALENDAR AND 1OR 2/10/99                                                                   
 2/10/99       214     (S)  READ THE SECOND TIME                                                                                
 2/10/99       214     (S)  AM 1 OFFERED BY HALFORD                                                                             
 2/10/99       214     (S)  AM NO 1      ADOPTED UNAN CONSENT                                                                   
 2/10/99       215     (S)  ADVANCED TO THIRD READING                                                                           
                            UNAN CONSENT                                                                                        
 2/10/99       215     (S)  READ THE THIRD TIME  SJR 5 AM                                                                       
 2/10/99       216     (S)  PASSED Y18 N2                                                                                       
 2/10/99       218     (S)  TRANSMITTED TO (H)                                                                                  
 2/16/99       220     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/16/99       220     (H)  WTR, RESOURCES                                                                                      
 2/16/99       228     (H)  CROSS SPONSOR(S): COGHILL, JAMES                                                                    
 2/17/99       240     (H)  CROSS SPONSOR(S): THERRIAULT                                                                        
 2/23/99               (H)  WTR AT  5:00 PM CAPITOL 124                                                                         
 2/23/99               (H)  MOVED OUT OF COMMITTEE                                                                              
 2/23/99               (H)  MINUTE(WTR)                                                                                         
 2/24/99       298     (H)  WTR RPT  4DP 2NR                                                                                    
 2/24/99       299     (H)  DP: MASEK, PHILLIPS, COWDERY, BARNES;                                                               
 2/24/99       299     (H)  NR: GREEN, JOULE                                                                                    
 2/24/99       299     (H)  SEN ZERO FISCAL NOTE (S.RES) 2/4/99                                                                 
 2/24/99       299     (H)  REFERRED TO RESOURCES                                                                               
 2/24/99       309     (H)  CROSS SPONSOR(S): BARNES                                                                            
 3/08/99               (H)  RES AT  1:00 PM CAPITOL 124                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
BRETT HUBER, Legislative Assistant                                                                                              
   to Senator Rick Halford                                                                                                      
Alaska State Legislature                                                                                                        
Capitol Building, Room 121                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-4958                                                                                                      
POSITION STATEMENT:  Presented SJR 5 am on behalf of prime sponsor.                                                             
                                                                                                                                
MICHAEL EASTHAM                                                                                                                 
Snowmads Snowmachine Club                                                                                                       
P.O. Box 3646                                                                                                                   
Homer, Alaska  99603                                                                                                            
Telephone:  (907) 235-0771                                                                                                      
POSITION STATEMENT:  Testified in support of SJR 5 am.                                                                          
                                                                                                                                
DICK BISHOP                                                                                                                     
Alaska Outdoor Council                                                                                                          
P.O. Box 73502                                                                                                                  
Fairbanks, Alaska  99707                                                                                                        
Telephone:  (907) 455-4262                                                                                                      
POSITION STATEMENT:  Testified in support of SJR 5 am.                                                                          
                                                                                                                                
BILL EASTHAM, President                                                                                                         
Mat-Su Motor Mushers                                                                                                            
HC03 Box 8286                                                                                                                   
Palmer, Alaska  99645                                                                                                           
Telephone:  (907) 745-3943                                                                                                      
POSITION STATEMENT:  Testified in support of SJR 5 am.                                                                          
                                                                                                                                
NANCY MICHAELSON                                                                                                                
Sierra Club, Alaska Chapter                                                                                                     
241 East 5th, Number 205                                                                                                        
Anchorage, Alaska  99501                                                                                                        
Telephone:  (907) 276-4048                                                                                                      
POSITION STATEMENT:  Testified in opposition to SJR 5 am.                                                                       
                                                                                                                                
CLIFF EAMES                                                                                                                     
Alaska Center for the Environment                                                                                               
519 West 8th, Number 201                                                                                                        
Anchorage, Alaska  99501                                                                                                        
Telephone:  (907) 274-3647                                                                                                      
POSITION STATEMENT:  Testified in opposition to SJR 5 am.                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-12, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CO-CHAIR SCOTT OGAN called the House Resources Standing Committee                                                               
meeting to order at 1:35 p.m.  Members present at the call to order                                                             
were Representatives Ogan, Sanders, Masek, Barnes and Kapsner.                                                                  
Representative Whitaker arrived at 1:37 p.m.  Representatives                                                                   
Morgan and Joule were excused.                                                                                                  
                                                                                                                                
SJR 5 am - SNOWMACHINE USE IN DENALI NAT'L PARK                                                                                 
                                                                                                                                
CO-CHAIR OGAN brought before the committee Senate Joint Resolution                                                              
No. 5 am, opposing the closure of the former Mount McKinley                                                                     
portions of Denali National Park and Preserve to snowmachine use.                                                               
                                                                                                                                
Number 0064                                                                                                                     
                                                                                                                                
BRETT HUBER, Legislative Assistant to Senator Rick Halford, Alaska                                                              
State Legislature, came forward on behalf of the prime sponsor to                                                               
present the resolution.  He told members that SJR 5 is designed to                                                              
send a clear message to the U.S. Department of the Interior, to the                                                             
National Park Service (NPS), and to Alaska's congressional                                                                      
delegation that the Alaska State Legislature opposes a closure of                                                               
Denali National Park and Preserve to snowmachine access.  An                                                                    
equally important message carried by the resolution is a message to                                                             
Alaskans that the legislature supports their continued access to                                                                
public lands.                                                                                                                   
                                                                                                                                
MR. HUBER asked whether either Mr. Leaphart, Executive Director,                                                                
Citizens' Advisory Commission on Federal Areas (CACFA), or Ms.                                                                  
Cunning, Alaska Native Interest Lands Conservation Act (ANILCA)                                                                 
program coordinator, Alaska Department of Fish and Game, was on                                                                 
teleconference.  He noted that both had provided background in                                                                  
hearings on SJR 5 in the Senate Resources Committee and the House                                                               
Special Committee on World Trade and State/Federal Relations.                                                                   
                                                                                                                                
CO-CHAIR OGAN indicated neither was on line.  He asked whether                                                                  
members wished to have Mr. Huber provide further background, then                                                               
mentioned that he himself was on the CACFA commission and had heard                                                             
quite a lot about it during the previous year's meeting.                                                                        
                                                                                                                                
Number 0276                                                                                                                     
                                                                                                                                
MICHAEL EASTHAM, Snowmads Snowmachine Club, testified via                                                                       
teleconference from Homer, expressing total support for SJR 5.  He                                                              
said many Alaskans who work during the summer aren't able to join                                                               
the thousands of tourists that go into McKinley Park on buses or in                                                             
their vehicles.  He hasn't heard of studies about the impact on the                                                             
animals or the environment by NPS vehicles.  And now in the winter,                                                             
Alaskans who like to recreate with snowmachines face efforts to                                                                 
close the park "to us that make our livelihood and live here in                                                                 
Alaska, and yet keep it open to those outside tourists that like to                                                             
come here and visit."  Mr. Eastham said many users of the park are                                                              
"camping with these animals or hiking all over them," and yet there                                                             
has been no mention of their impact.  He believes snowmachine users                                                             
are being singled out as causing a great impact, but that there are                                                             
a lot of faults to that point.                                                                                                  
                                                                                                                                
Number 0434                                                                                                                     
                                                                                                                                
DICK BISHOP, Alaska Outdoor Council, testified via teleconference                                                               
from Fairbanks.  He said the Alaska Outdoor Council strongly                                                                    
supports SJR 5 and applauds the Senate for promptly addressing this                                                             
issue by pointing out that the National Park Service (NPS) has not                                                              
followed ANILCA's requirements regarding regulations banning the                                                                
use of snowmachines in most of the old McKinley Park.  As he                                                                    
understands them, those regulations may actually increase concern                                                               
about potential resource disturbance by concentrating a lot of use                                                              
in a limited area.  The NPS has condoned similar illegal rule                                                                   
making by park superintendents in the past, over the consistent                                                                 
notification and objections of the state, of the CACFA and of                                                                   
Alaskan citizens.  He mentioned a lawsuit by the Alaska State                                                                   
Snowmachine Association, challenging this illegal and high-handed                                                               
rule making.                                                                                                                    
                                                                                                                                
MR. BISHOP told members there may good reason to regulate or                                                                    
prohibit snowmachine uses in parts of the old McKinley Park;                                                                    
however, the NPS has not approached the question legally or in good                                                             
faith, nor has it shown a compelling factual basis for the                                                                      
regulations.  Mr. Bishop said this NPS action cannot go                                                                         
unchallenged.  He concluded by asking where Governor Knowles and                                                                
the Attorney General are in this issue, and why the Governor is                                                                 
"sailing forth under Alaska's flag in Glacier Bay to challenge the                                                              
federal action, but is not even a speck on the snowfields of                                                                    
Denali."                                                                                                                        
                                                                                                                                
Number 0680                                                                                                                     
                                                                                                                                
BILL EASTHAM, President, Mat-Su Motor Mushers, testified via                                                                    
teleconference from Anchorage, noting that he is Michael Eastham's                                                              
brother.  He told members his organization supports this                                                                        
resolution, and they agree with Mr. Bishop's position                                                                           
wholeheartedly.                                                                                                                 
                                                                                                                                
REPRESENTATIVE BARNES pointed out that several years ago, after the                                                             
railroad had accidentally killed about 800 moose, the Mat-Su Motor                                                              
Mushers broke trail along the railroad track, saving the lives of                                                               
numerous moose.  She thanked the organization for those efforts.                                                                
                                                                                                                                
Number 0775                                                                                                                     
                                                                                                                                
NANCY MICHAELSON, Sierra Club, Alaska Chapter, testified via                                                                    
teleconference from Anchorage, noting that statewide the                                                                        
organization has 1,300 members.  She stated:                                                                                    
                                                                                                                                
     The Sierra Club in Alaska opposes the passage of this joint                                                                
     resolution.  We support the closure of the old Mount McKinley                                                              
     Park to motorized uses.  We do not agree with the                                                                          
     interpretation that old Mount McKinley ... National Park was                                                               
     ever opened to motorized uses.  We see this as an issue based                                                              
     on a technical problem.  There has never been any language or                                                              
     legislative history that points to Congress' meaning to allow                                                              
     for motorized uses in the old park.  Indeed, three things                                                                  
     Congress did do indicated its intent to strengthen the park                                                                
     protection through the years.  And these things include:  one,                                                             
     they made the original park all wilderness; two, they expanded                                                             
     the park; three, in 1976 they closed it to mining with the                                                                 
     Mining in the Parks Act.                                                                                                   
                                                                                                                                
     Also, regarding the requirement that findings of snowmachine                                                               
     use ... needs to be shown to be detrimental to the park, we                                                                
     take issue with the reference in the resolution that proof of                                                              
     detrimental impact must come from the specific area itself.                                                                
     Your resolution conveys that you mean that we must impact or                                                               
     ruin an area to prove the area will be ruined, and take steps                                                              
     to protect it only after the fact.                                                                                         
                                                                                                                                
     Look how lucky we are to have this magnificent national park                                                               
     in our state.  The scenic and wildlife values of Denali                                                                    
     National Park, no matter the season, depend on nondisturbance                                                              
     ... of winter and summer habitat.  We urge you not to accept                                                               
     [Senate] Joint Resolution 5.  We believe that the entire old                                                               
     portion of Mount McKinley National Park should be closed to                                                                
     all motorized uses, and we support protective regulations to                                                               
     that purpose.                                                                                                              
                                                                                                                                
Number 0934                                                                                                                     
                                                                                                                                
CLIFF EAMES, Alaska Center for the Environment, testified via                                                                   
teleconference from Anchorage, specifying that his organization has                                                             
offices in Anchorage and the Matanuska-Susitna area, with more than                                                             
9,000 members, the vast majority of whom are Alaskans.  He stated:                                                              
                                                                                                                                
     We oppose this resolution.  Recreational snowmobiling, we                                                                  
     recognize, is a popular sport.  But it's not the only popular                                                              
     winter recreational activity.  It also certainly is a                                                                      
     legitimate sport, but it frequently conflicts with other types                                                             
     of winter recreation, as well as with Alaskans' quiet                                                                      
     enjoyment of their homes and remote cabins.                                                                                
                                                                                                                                
     The only way to resolve these conflicts, in many instances, is                                                             
     to separate these incompatible activities by managing some                                                                 
     public lands for motorized recreation, and some for quiet                                                                  
     recreation.  With millions of acres of public lands in Alaska,                                                             
     it shouldn't be hard to provide lots of opportunities for all                                                              
     winter recreationists to enjoy their preferred sports.  But in                                                             
     recent years, the state of Alaska has decided to manage nearly                                                             
     all state-owned lands for motorized recreation, making other                                                               
     recreationists second-class citizens, at best.                                                                             
                                                                                                                                
     This is not fair, plain and simple.  But it certainly makes it                                                             
     even more important that the federal government step in and                                                                
     try to right this inequitable imbalance.  For this and other                                                               
     reasons, we support closing one-third of Denali National Park                                                              
     and Preserve to snowmobiling, which at the present time leaves                                                             
     the four million other acres of the park and preserve open to                                                              
     snowmobiling.  Finally, the extensive public comment on this                                                               
     issue, both inside and outside of Alaska, fully supports the                                                               
     park service's decision.                                                                                                   
                                                                                                                                
CO-CHAIR OGAN asked whether there were questions, or whether anyone                                                             
else wished to testify; there was no response.                                                                                  
                                                                                                                                
Number 1098                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES made a motion to move SJR 5 am out of                                                                     
committee with any accompanying fiscal notes; she asked unanimous                                                               
consent.  There being no objection, SJR 5 am moved out of the House                                                             
Resources Standing Committee.                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 1113                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Resources Standing Committee meeting was adjourned at 1:48 p.m.                                                                 

Document Name Date/Time Subjects