Legislature(2023 - 2024)BARNES 124

02/03/2023 01:00 PM House RESOURCES

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Audio Topic
01:01:22 PM Start
01:02:30 PM Presentation(s): Division of Mining, Land and Water Overview, Selections and Mining
01:57:34 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview: Land Selection and Mining Update by TELECONFERENCED
Department of Natural Resources
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                        February 3, 2023                                                                                        
                           1:01 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Tom McKay, Chair                                                                                                 
Representative Dan Saddler                                                                                                      
Representative Stanley Wright                                                                                                   
Representative Jennie Armstrong                                                                                                 
Representative Maxine Dibert                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative George Rauscher, Vice Chair                                                                                      
Representative Josiah Patkotak                                                                                                  
Representative Kevin McCabe                                                                                                     
Representative Donna Mears                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION(S):  DIVISION OF MINING~ LAND AND WATER OVERVIEW~                                                                  
SELECTIONS AND MINING                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
COMMISSIONER DESIGNEE JOHN BOYLE                                                                                                
Department of Natural Resources                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions during the presentation                                                               
of the Division of Mining Land and Water Overview, Selections                                                                   
and Mining.                                                                                                                     
                                                                                                                                
CHRISTY COLLES, Director                                                                                                        
Division of Mining Land and Water                                                                                               
Department of Natural Resources                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Gave the presentation of the Division of                                                                 
Mining Land and Water Overview, Selections and Mining.                                                                          
                                                                                                                                
STEPHEN BUCKLEY, Mining Section Chief                                                                                           
Central Office                                                                                                                  
Division of Mining Land and Water                                                                                               
Department of Natural Resources                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Answered questions during  the presentation                                                             
of the  Division of  Mining Land  and Water  Overview, Selections                                                               
and Mining.                                                                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:01:22 PM                                                                                                                    
                                                                                                                                
CHAIR  TOM MCKAY  called the  House Resources  Standing Committee                                                             
meeting to order  at 1:01 p.m.   Representatives Saddler, Wright,                                                               
Armstrong, Dibert, and McKay were present at the call to order.                                                                 
                                                                                                                                
^PRESENTATION(S):   Division of Mining, Land  and Water Overview,                                                               
Selections and Mining                                                                                                           
 PRESENTATION(S):  Division of Mining, Land and Water Overview,                                                             
                     Selections and Mining                                                                                  
                                                                                                                              
1:02:30 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced that the only  order of business would be a                                                               
presentation of the  Division of Mining Land  and Water Overview,                                                               
Selections and Mining.                                                                                                          
                                                                                                                                
1:03:04 PM                                                                                                                    
                                                                                                                                
COMMISSIONER   DESIGNEE  JOHN   BOYLE,   Department  of   Natural                                                               
Resources,  praised the  division and  its director,  Ms. Christy                                                               
Colles.                                                                                                                         
                                                                                                                                
1:05:54 PM                                                                                                                    
                                                                                                                                
CHRISTY  COLLES, Director,  Division  of Minding  Land and  Water                                                               
(DMLW),  Department   of  Natural   Resources  (DNR),   gave  the                                                               
presentation of the  Division of Mining Land  and Water Overview,                                                               
Selections  and  Mining.   She  began  a PowerPoint  presentation                                                               
[hard copy included in the committee  packet], on slide 2, to the                                                               
mission  statement  of  the  division,   which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
       Provide for the appropriate use and management of                                                                        
       Alaska's state-owned land and water, aiming toward                                                                       
     maximum use consistent with the public interest                                                                            
                                                                                                                                
MS.  COLLES discussed  what  the division  manages,  as shown  on                                                               
slide 3, as follows [original punctuation provided]:                                                                            
                                                                                                                                
     Multiple Use Management of State Lands                                                                                     
     • DMLW manages 100+  million acres state-owned land, 65                                                                    
     million acres of  tides lands and 34  thousand miles of                                                                    
     coastline  making them  available on  a sustained-yield                                                                    
     basis for a variety of multiple beneficial uses                                                                            
     • DMLW does not manage TLO, Parks or lands acquired by                                                                     
     other agencies for specific purposes                                                                                       
     • DMLW's responsibilities include                                                                                          
     • Land acquisition                                                                                                         
     • Mining, land, and water use authorizations                                                                               
     • Area and Management plan development                                                                                     
     • Land sales and conveyances                                                                                               
     • Land stewardship                                                                                                         
     • DMLW has jurisdiction over the appropriation of the                                                                      
     State's water resources, accounting for approximately                                                                      
     40% of the nation's stock of fresh water                                                                                   
                                                                                                                                
1:08:11 PM                                                                                                                    
                                                                                                                                
MS. COLLES  provided the division's organization  chart, on slide                                                               
4,   which   shows:     Ms.   Colles,   as   director,   oversees                                                               
Administrative Support Services, Water  & Dam Safety, and Mining;                                                               
Kris  Hess, as  deputy  director,  oversees Appraisals,  Surveys,                                                               
Program  Support and  Internet Technology  (IT) Services,  Public                                                               
Access  Assertion Defense,  Resource Assessment  and Development,                                                               
and Realty Services;  and the currently vacant  position of Chief                                                               
of Operations  oversees Land  Conveyances, Regional  Land Offices                                                               
in Fairbanks, Anchorage, and  Juneau, Contract Initiation Revenue                                                               
and Recovery, and Statewide Abatement of Impaired Lands.                                                                        
                                                                                                                                
1:10:49 PM                                                                                                                    
                                                                                                                                
MS.  COLLES, in  response  to  Representative Armstrong,  offered                                                               
examples of how  the division's work overlaps with  that of other                                                               
departments, primarily the Department  of Transportation & Public                                                               
Facilities,  the  Alaska  Department  of Fish  &  Game,  and  the                                                               
Department of Environmental Conservation.                                                                                       
                                                                                                                                
1:14:49 PM                                                                                                                    
                                                                                                                                
MS.  COLLES, in  response  to  Representative Saddler,  confirmed                                                               
that it  would be DMLW's  Realty [Services] that would  work with                                                               
the University  of Alaska (UA)  regarding a bill related  to land                                                               
conveyances.                                                                                                                    
                                                                                                                                
1:17:28 PM                                                                                                                    
                                                                                                                                
MS. COLLES returned to the  PowerPoint, to slide 5, regarding the                                                               
state land  entitlement selection  and conveyance  process, which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     • Federal hierarchy of land conveyances:                                                                                   
        Homesteads,  Native  Allotments (1906  Act,  Aguilar                                                                    
     Settlement, 2002 Vietnam  Veteran's Allotment Act, 2019                                                                    
     Dingell Act Veteran's Allotments)                                                                                          
         Alaska  Native   Claims   Settlement  Act   (ANCSA)                                                                    
     Corporations                                                                                                               
       State of Alaska                                                                                                          
                                                                                                                                
     • Process                                                                                                                  
       State filed selection  on vacant, unappropriated, and                                                                    
     unreserved   lands   or   filed  a   future   selection                                                                    
     "topfiling" (ANILCA Sec. 906(e))                                                                                           
         State  selections   and   topfiling  published   in                                                                    
     newspapers (completed in 1995)                                                                                             
       State requests conveyance of high priority lands                                                                         
        BLM  adjudicates  selection  and  issues  appealable                                                                    
     decision finding lands available for conveyance                                                                            
        BLM issues  Tentative Approval  (TA) for  unsurveyed                                                                    
     lands                                                                                                                      
       BLM surveys TA lands                                                                                                     
       BLM issues confirmatory patent                                                                                           
                                                                                                                                
1:21:28 PM                                                                                                                    
                                                                                                                                
MS.  COLLES,  in response  to  Representative  Saddler, said  the                                                               
state is  making great strides in  using drone survey as  a cost-                                                               
saving measure.   In response to another  question, she described                                                               
the diversity of land selection issues.                                                                                         
                                                                                                                                
1:23:56 PM                                                                                                                    
                                                                                                                                
MS. COLLES, in  response to Chair McKay,  explained that "patent"                                                               
is a final  document with legal description of  lands; the patent                                                               
is received from the U.S. Bureau of Land Management (BLM).                                                                      
                                                                                                                                
MS. COLLES returned  to the PowerPoint presentation,  to slide 6,                                                               
"Remaining  Entitlement,"  which  provides  a  breakdown  in  the                                                               
categories of  grant; statehood 6(a)    community grant  (CG) and                                                               
National forest community grant  (NFCG); statehood 6(b)   general                                                               
grant  selection  (GS);   other,  including  territorial  grants,                                                               
school grant, land exchanges; and  the totals.  Under "grant" are                                                               
listed: total entitlement,  patent, tentative approval, selected,                                                               
"topfiled,"  University of  Alaska Fiscal  Foundation Grant  Act,                                                               
and  remaining   entitlement.    She  said   currently  there  is                                                               
approximately $4.8 million left under "total."                                                                                  
                                                                                                                                
1:26:11 PM                                                                                                                    
                                                                                                                                
MS.  COLLES   directed  attention  to  slide   7,  regarding  the                                                               
University of Alaska  Fiscal Foundation Grant Act,  which read as                                                               
follow [original punctuation provided]:                                                                                         
                                                                                                                                
     • Provides  for up  to an  additional 360,000  acres of                                                                    
     land for University of Alaska (UA)                                                                                         
                                                                                                                                
     • List of 500,000 acres of  land to be submitted to BLM                                                                    
     by 2026                                                                                                                    
     • State  and UA  mutually agrees on  list of  lands for                                                                    
     submittal                                                                                                                  
     •   State   will   concurrently   provide   conditional                                                                    
     relinquishment of selections to BLM                                                                                        
     •  BLM  will  convey  available  lands  using  existing                                                                    
     Statehood Act conveyance process                                                                                           
     • UA  would like  to submit 100,000  acres of  lands to                                                                    
     BLM by fall 2023                                                                                                           
                                                                                                                                
     • UA  has begun submitting  lists of proposed  lands to                                                                    
     Realty Services in ~100,000-acre groups                                                                                    
                                                                                                                                
MS.  COLLES,  in  response  to  a  question  from  Representative                                                               
Saddler, explained  that certain  land features, such  as private                                                               
land or a water  body, may be "meandered out"    taken out of the                                                               
equation of what will be given to the university.                                                                               
                                                                                                                                
1:28:32 PM                                                                                                                    
                                                                                                                                
MS. COLLES moved on to  slide 8, "Mining Section Overview," which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     • Mineral Property Management                                                                                              
     • Manage 41,000+ mining  claims for mineral exploration                                                                    
     and development                                                                                                            
     • 87 Offshore and 48 Mining Leases                                                                                         
                                                                                                                                
     • APMA (Application for Permits to Mine in Alaska)                                                                         
     •  643  APMA's for  hard  rock  exploration and  placer                                                                    
     mining                                                                                                                     
         • Approval of Plans of Operations for Upland,                                                                          
     Offshore, & Millsite Leases                                                                                                
                                                                                                                                
     • Large Mines                                                                                                              
       • Oversees statewide reclamation requirements and                                                                        
     large mines                                                                                                                
                                                                                                                                
     • Coal Permitting & Compliance                                                                                             
     • 36 Coal Leases                                                                                                           
                                                                                                                                
     • Abandoned Mine Lands                                                                                                     
     • Regulates reclamation and removes hazards from past                                                                      
     mining operations                                                                                                          
                                                                                                                                
MS. COLLES  displayed a map on  slide 9, which depicts  the areas                                                               
of mining operation, permitting, and exploration.                                                                               
                                                                                                                                
1:31:57 PM                                                                                                                    
                                                                                                                                
MS.  COLLES, in  response to  Representative Armstrong,  said she                                                               
could  provide  a write-up  describing  the  timelines for  these                                                               
operations.    In  response to  a  question  from  Representative                                                               
Saddler regarding the dearth of  mines in the large, mineral-rich                                                               
state of Alaska, deferred to Commissioner Designee Boyle.                                                                       
                                                                                                                                
1:33:17 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  DESIGNEE  BOYLE  answered  that  the  economics  of                                                               
infrastructure is  expensive and difficult to  achieve in Alaska.                                                               
He emphasized that  the resource areas are  remote to established                                                               
infrastructure.     Further,   he  said   there  is   significant                                                               
permitting  and regulatory  uncertainty for  development, and  he                                                               
gave Pebble  Mine as an  example of how federal  regulations have                                                               
halted development.                                                                                                             
                                                                                                                                
1:36:01 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  DESIGNEE  BOYLE,   in  response  to  Representative                                                               
Armstrong,  confirmed that  he has  seen interest  in exploration                                                               
for minerals to be used for  renewable energy technology.  A team                                                               
of  geologists  do  "minerals  mapping"   by  drilling  for  core                                                               
samples.     Many  of  the   areas  are  remote  and   "mired  in                                                               
uncertainty."   He  mentioned  Pebble as  the  biggest source  of                                                               
copper in the  state, and he acknowledged  "the challenges there"                                                               
and emotion evoked in surrounding communities.                                                                                  
                                                                                                                                
1:38:43 PM                                                                                                                    
                                                                                                                                
MS.  COLLES, in  response  to Representative  Dibert, offered  to                                                               
provide  more  detail  regarding  the permitting  of  Manh  Choh,                                                               
[south-east of Fairbanks].                                                                                                      
                                                                                                                                
MS.  COLLES  returned  to  the  PowerPoint,  to  slide  10  "2022                                                               
Production &  Exploration Forecast," which offers  greater detail                                                               
of mineral sources  and mining activity in Alaska,  and which was                                                               
provided by  the Division of Geological  and Geophysical Surveys.                                                               
There  are seven  metal mines,  one coal  mine, about  140 placer                                                               
gold mines,  and 32  exploration projects.   The  2022 production                                                               
estimate  is:   700,000 ounces  of gold;  16.6 million  ounces of                                                               
silver; 620,000  tons of  zinc; and  108,000 tons  of lead.   She                                                               
offered  further statistics,  as shown  on the  slide, and  noted                                                               
corrections needed  to be  made to  the slide,  in that  zinc and                                                               
lead should be  shown as tons, not metric tons,  and the ~925,300                                                               
listed  for  Usibelli Coal  Mine,  Inc.  should be  increased  by                                                               
100,000.                                                                                                                        
                                                                                                                                
1:42:07 PM                                                                                                                    
                                                                                                                                
MS.  COLLES, in  response  to  Chair McKay,  said  mining is  not                                                               
always on state land, and she  deferred to Mr. Stephen Buckley to                                                               
answer what  the total  value of  extraction is  and how  much of                                                               
that would go to the State of Alaska.                                                                                           
                                                                                                                                
1:42:57 PM                                                                                                                    
                                                                                                                                
STEPHEN BUCKLEY,  Mining Section Chief, Central  Office, Division                                                               
of  Mining  Land  and Water,  Department  of  Natural  Resources,                                                               
informed Chair McKay  that about $800,000 in royalties  go to the                                                               
state from the  hard rock mines.   He noted that Red  Dog Mine is                                                               
on  NANA  [Regional  Corporation]  land, and  Forth  Knox  is  on                                                               
[Alaska] Mental Health  Trust [Authority] land.   He added, "Over                                                               
$1.5 goes  to that outfit."   He said both Kensington  and Greens                                                               
Creek   mines  are   on  federal   land.     He  indicated   that                                                               
approximately $20 million comes in from coal mining annually.                                                                   
                                                                                                                                
1:45:06 PM                                                                                                                    
                                                                                                                                
MS. COLLES,  in response  to Representative  Armstrong, confirmed                                                               
that of the mines listed on slide  9, some are on state land, and                                                               
some  are  on   federal  land.    She  said   she  could  provide                                                               
information to the committee breaking that information down.                                                                    
                                                                                                                                
MS.  COLLES  returned  to  the PowerPoint,  to  slide  11,  "West                                                               
Susitna  Mining   Projects,"  which   shows  multiple   areas  of                                                               
exploration; most are hard rock, while  one is coal.  The road to                                                               
these areas  runs about  100 miles  out of  the Matanuska-Susitna                                                               
("Mat-Su")  Borough.   She talked  about the  challenge of  going                                                               
through federal, state, and local processes to develop a road.                                                                  
                                                                                                                                
1:47:33 PM                                                                                                                    
                                                                                                                                
MS. COLLES, in  response to Representative Wright,  said the time                                                               
it  takes  for  the  permitting  process  can  vary.    She  drew                                                               
attention to slide 12, "Ambler  Mining District," and pointed out                                                               
that that access road has been  in process for decades, with some                                                               
pull-back from the federal government.                                                                                          
                                                                                                                                
1:48:50 PM                                                                                                                    
                                                                                                                                
MS. COLLES, in response to  Representative Saddler, confirmed the                                                               
portion  of  land  that  is  state-owned on  slide  12,  and  she                                                               
confirmed a  concern of  the state  regarding 404  permitting and                                                               
the federal  government.   She added  her understanding  that the                                                               
state would  be "pushing back  on the federal government  for the                                                               
recent  decision  on   Pebble  Mine."    She   said  the  federal                                                               
government making those  types of decisions hinders  the State of                                                               
Alaska's ability to move forward.                                                                                               
                                                                                                                                
1:50:15 PM                                                                                                                    
                                                                                                                                
COMMISSIONER DESIGNEE  BOYLE allowed  that there could  be public                                                               
input  and  discussion  to  be   had  in  making  decisions,  but                                                               
specified  that it  is the  precedent that  is "troubling  to the                                                               
state."                                                                                                                         
                                                                                                                                
REPRESENTATIVE SADDLER said he  believes the federal government's                                                               
recent expansion  of the definition  of the waters of  the United                                                               
States  "broadens   the  potential   affectability  of   the  404                                                               
permitting process immensely."                                                                                                  
                                                                                                                                
1:51:47 PM                                                                                                                    
                                                                                                                                
MS. COLLES  returned to  slide 12 and  noted the  great potential                                                               
[to  mine]  metals in  the  area,  and  the division  has  issued                                                               
exploration  permits  for  the various  projects  in  the  Ambler                                                               
Mining  District.    She  added  further  details  regarding  the                                                               
efforts to get a  road in the area.  In  response to Chair McKay,                                                               
she said at this point the  Ambler Road will be private; however,                                                               
there will be  crossings, as required by  the federal government.                                                               
She  offered her  understanding that  the West  Cu Road  would be                                                               
public.                                                                                                                         
                                                                                                                                
1:54:44 PM                                                                                                                    
                                                                                                                                
MS.  COLLES, in  response  to Representative  Wright, offered  an                                                               
update regarding  a cemetery in  Fairbanks, Alaska.   In response                                                               
to  Representative  Saddler,  she  spoke  about  efforts  of  the                                                               
division to improve employee retention.                                                                                         
                                                                                                                                
1:56:59 PM                                                                                                                    
                                                                                                                                
CHAIR  MCKAY  acknowledged  Representative  Armstrong's  accurate                                                               
statement  regarding  energy  transition to  renewable  resources                                                               
requiring "a tremendous amount of  mining and minerals."  He then                                                               
thanked Ms. Colles for her presentation.                                                                                        
                                                                                                                                
1:57:34 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Resources meeting was adjourned at 1:57 pm.                                                                                     

Document Name Date/Time Subjects
HRES DNR Overview, Selections and Mining Presentation 2.3.23.pdf HRES 2/3/2023 1:00:00 PM