Legislature(1993 - 1994)
02/23/1993 03:40 PM Senate TRA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE TRANSPORTATION COMMITTEE
February 23, 1993
3:40 p.m.
MEMBERS PRESENT
Senator Bert Sharp, Chairman
Senator Randy Phillips, Vice Chairman
Senator Tim Kelly
Senator Georgianna Lincoln
MEMBERS ABSENT
Senator Jay Kerttula
COMMITTEE CALENDAR
SENATE BILL NO. 82
"An Act relating to the Dalton Highway."
PREVIOUS SENATE COMMITTEE ACTION
SB 82 - See Transportation minutes dated 2/16/93 and
2/18/93.
WITNESS REGISTER
Steve Soenksen, Legislative Staff
to Senator Bert Sharp
State Capitol
Juneau, Alaska 99801
POSITION STATEMENT: Answered questions on SB 82.
Richard Wright
3910 Tilleson Way
North Pole, Alaska 99705
POSITION STATEMENT: Testified in support of SB 82.
Jeslie Kaleak, Sr., Mayor
North Slope Borough
Box 69
Barrow, Alaska 99723
POSITION STATEMENT: Testified against SB 82.
Dean McKenzie
Frontier Transportation
10460 Old Seward Highway
Anchorage, Alaska 99515
POSITION STATEMENT: Testified against SB 82.
Leonard Lampe
P.O. Box 269
Nuiqsut, Alaska 99789
POSITION STATEMENT: Testified against SB 82.
Lance Hathaway
387 Pausanna Street
Nuiqsut, Alaska 99789
POSITION STATEMENT: Testified on SB 82.
Troy Thacker
Cold Foot, Alaska
POSITION STATEMENT: Testified on SB 82.
Ron Bergman
Allakaket, Alaska 99720
POSITION STATEMENT: Testified against SB 82.
Tony Susook
Box 1145
Barrow, Alaska 99723
POSITION STATEMENT: Testified against SB 82.
Valerie Mundt
Greater Fairbanks Chamber of Commerce
709 2nd Avenue
Fairbanks, Alaska 99701
POSITION STATEMENT: Testified in support of SB 82.
Harry McDonald
Carlile Trucking
1524 Ship
Anchorage, Alaska 99501
POSITION STATEMENT: Testified on SB 82.
Mark Morry
Box 21092
Anaktuvuk, Pass 99721
POSITION STATEMENT: Testified against SB 82.
Mike Walleri, General Counsel
Tanana Chiefs Conference
122 First Avenue
Fairbanks, Alaska 99701
POSITION STATEMENT: Testified against SB 82.
Dave Lacey, Manager
Yukon River Tours
214 Second Avenue
Fairbanks, Alaska 99701
POSITION STATEMENT: Testified against SB 82.
Lou Brown
Northern Alaska Environmental Center
218 Driveway
Fairbanks, Alaska 99701
POSITION STATEMENT: Testified against SB 82.
Lana Wegner
Petitioners for Safety on the Haul Road
1031 Northwood
Fairbanks, Alaska 99712
POSITION STATEMENT: Testified in support of SB 82.
Martin King, Owner
Irish Trucking and President
of the Alaska Trucking Association
1003 Aspen Street
Fairbanks, Alaska 99709
POSITION STATEMENT: Testified in support of SB 82.
Eddie Bergman, Mayor
City of Allakaket
P.O. Box 30
Allakaket, Alaska 99720
POSITION STATEMENT: Testified against SB 82.
Frank Dillon, Executive Director
Alaska Trucking Association
3443 Minnesota Drive
Anchorage, Alaska 99503
POSITION STATEMENT: Testified in support of SB 82.
Annette Koch
P.O. Box 30
Ester, Alaska 99725
POSITION STATEMENT: Testified in support of SB 82.
Harold Gilliam
104 Second Avenue
Fairbanks, Alaska 99701
POSITION STATEMENT: Testified in support of SB 82.
George Lounsbury
P.O. Box 70983
Fairbanks, Alaska 99707
POSITION STATEMENT: Testified in support of SB 82.
Chip Toma
2 Marine Way, #204
Juneau, Alaska 99801
POSITION STATEMENT: Testified against SB 82.
Wayne Regelin, Deputy Director
Division of Wildlife Conservation
Department of Fish and Game
P.O. Box 25526
Juneau, Alaska 99802-5526
POSITION STATEMENT: Answered questions on SB 82.
Mary Forbes, Volunteer
Alaska Environmental Lobby
1116 Sebiel Lane #2
Kodiak, Alaska 99615
POSITION STATEMENT: Testified against SB 82.
ACTION NARRATIVE
TAPE 93-8, SIDE A
Number 001
CHAIRMAN SHARP called the Senate Transportation Committee to
order at 3:40 p.m.
The only order of business to come before the committee was
SB 82 (OPENING THE DALTON HIGHWAY). Chairman Sharp
indicated that he has scheduled a teleconference on the
measure.
Number 037
SENATOR LINCOLN asked Chairman Sharp if his intent is to
hold the bill for further testimony. Chairman Sharp
indicated that the bill would be held for further testimony.
Senator Lincoln referred to the last hearing where she had
asked several questions and requested written responses, she
indicated she hasn't received anything and asked what that
status is.
Chairman Sharp said he believes that one of the questions
was to request a copy of the Bureau of Land Management (BLM)
Dalton Highway Recreational Management Plan and indicated it
is in the committee member's folders. He also noted that
there was a question from Senator Kelly if there would be a
guaranteed year around intention to maintain the road. He
said he is currently awaiting a written response from
Senator Frank, sponsor of the bill.
Senator Lincoln said she asked several questions: 1. Could
the committee get and update from Commissioner Blatchford on
the ongoing discussions between the State of Alaska, Tanana
Chiefs Conference (TCC), and the North Slope Borough; 2.
Would the committee request a report from the Subsistence
Division of the Department of Fish and Game on the impact of
subsistence use along the Dalton Highway and what
protections there would be for subsistence users; 3. What us
the status on the ongoing litigation involving the Dalton
Highway; 4. Is there any positions by the industry on
opening the Dalton Highway to public access; and 5. If
there is any gas line construction, would it be required
that the road be restricted to industrial and commercial
uses.
Senator Lincoln thanked Chairman Sharp for holding the bill
and possibly having the answers to her questions at the next
meeting. Chairman Sharp indicated that Steve Soenksen of
his staff had some answers to her questions.
Number 104
STEVE SOENKSEN, legislative staff to Senator Sharp, said in
the committee member's packets is a copy of the BLM Resource
Report and facilities that they envision for the Dalton
Highway. He referred to the status of the law suit and said
he believes that there is someone in attendance from the
Department of Law that could speak to the law suit and some
other issues. He said he understands that there are some
people on teleconference who will be speaking to the
industry concerns of opening the road. Mr. Soenksen said
Commissioner Blatchford is currently attending a village
conference meeting and will be presenting some information
there. He noted that he had received a phone call from the
Department of Fish and Game and the Subsistence Division
will be forwarding some information to the committee.
RICHARD WRIGHT, testifying from Fairbanks, indicated he has
some concerns. The first is in relation to current budget
reductions that have been imposed on the Dalton Highway. He
referred to a previous budget and said $6 million was
requested and it was reduced to $4.2 million. Hopefully, if
the road is opened, the budget will be increased so that the
road can be kept safe. CHAIRMAN SHARP indicated there is
currently a request for an amendment in the Governor's FY 94
operating budget of $1.9 million. He said he believes that
it appears in the proposed 1994 budget at approximately the
$6.3 million level. Mr. Wright said he hopes that the
legislation becomes law.
JESLIE KALEAK, SR., Mayor, North Slope Borough, testified
against opening the Dalton Highway to unrestricted public
use. The major concern is for the safety of the traveling
public. The road is not adequately maintained by the
Department of Transportation and Public Facilities (DOT/PF)
and is unsafe at this point, for commercial truckers. The
road is unstable, dangerous and extreme weather conditions
present an additional risk to the public. He discussed
increases in accidents, property damage, personal injury,
fatalities, trash, because of increased traffic. There
aren't any systems for communication in place along the
highway to call for assistance. Mayor Kaleak said the oil
industry has expressed concern for the safety of the
industrial truckers and the security of the pipeline.
Emergency medical services are limited at Prudhoe Bay and
cannot withstand the extra burden of increased traffic
accidents. He informed the committee that the North Slope
Borough search and rescue operation is currently being used
to its full capacity providing the borough and outlying
villages with rescue services. The increased hunting and
human presence will change the behavior and location of
caribou herds adversely affecting the availability of the
source of food for residents of the area. Mayor Kaleak
continued to discuss maintenance concerns regarding opening
the Dalton Highway. He indicated he would forward his
written comments to the committee.
Number 249
DEAN MCKENZIE, representing Frontier Transportation,
testified from Anchorage. He explained his organization
operates a number of trucks out of Anchorage and Fairbanks
and many travel the Dalton Highway. He concurred with Mayor
Kaleak's comments on public safety. The lack of facilities
and road maintenance is a valid issue and should be
addressed before the road is opened to the public.
LEONARD LAMPE, testifying from Nuiqsut, said he agrees with
Mayor Kaleak's points. He said he is afraid their
subsistence food will be impacted if the road is opened to
the public. Mr. Lampe said he also has safety concerns
regarding highway as the road needs upgrading.
Number 271
LANCE HATHAWAY, also testifying from Nuiqsut, indicated he
is a permit holder for the road and is an occasional user.
He indicated he is neutral regarding opening the road, but
stressed that there is a need for major maintenance and
improvements on the highway.
TROY THACKER, testifying from Cold Foot, said he has visited
with many truckers regarding opening the haul road and they
have indicted that increased facilities and maintenance of
the haul road would be needed if it were to be opened to the
public. He discussed safety issues, including avalanches,
etc. Some articles in the newspapers have indicated that
the truckers don't support public use of the road and said
he feels that is an error. That may have been the case four
or five years ago. He said they have indicated to him that
they do support public use of the road.
Number 308
RON BERGMAN, testifying from Allakaket, said he supports
Mayor Kaleak's comments regarding the Dalton Highway. The
road from the highway to Bettles is going to go across the
South Fork River which is one of the major hunting areas of
the residents of Allakaket. He referred to a fax he had
received from DOT/PF which said there would be $600 thousand
earmarked for location studies and asked if it is federal or
state money. CHAIRMAN SHARP said he wasn't familiar with
the fax and said he would question DOT/PF regarding the
matter.
TONY SUSOOK, testifying from Barrow, indicated he is against
opening the Dalton Highway for many reasons. He said his
main concern is for the health, safety, and welfare of the
North Slope Borough residents. He said a question that
comes to mind is does the North Slope Borough have the
personnel to handle and cover the added search and rescue
efforts that exist today when two or more search and rescue
operations are occurring at the same time. Mr. Susook said
as far as priorities are concerned, who will be rescued
first? Someone that may be hurt on the highway or someone
in a village within the North Slope Borough. He questioned
whether the extra funds will be available for the Search and
Rescue Department to operate in a manner to fit all needs.
Mr. Susook discussed concern regarding the lack of caribou
over the last three years that the residents of Anaktuvuk
Pass harvest for subsistence. He informed the committee
that in 1991, the North Slope Elders Conference adopted a
resolution, 91-021, which opposed the opening of the haul
road. He continued to read the resolution to the committee
members and testified in opposition to SB 82.
VALERIE MUNDT, Greater Fairbanks Chamber of Commerce, said
she was testifying on behalf of the Chairman of the
Chamber's Transportation Committee. She said the Chamber
shares the concern of the public's safety and that is why
they are supporting the opening of the Dalton Highway to the
public. She said in order to have federal funds used on the
highway, it must be opened to the public. The highway is a
major lifeline in Alaska, especially for Fairbanks and
Anchorage, and it needs to be maintained in a condition that
is safe for the truck drivers who drive it most frequently.
She urged that the SB 82 be passed into law.
Number 419
HARRY MCDONALD, Carlile Trucking, testified from Anchorage.
He said his company has trucks traveling the Dalton Highway
on a daily basis. They don't have any problems
operationally and their drivers aren't opposed to the bill.
In reality half of the road is currently opened to the
public already. Mr. McDonald did indicate that the concerns
of the North Slope Borough and the villages should be
addressed and also the issue of safety. By opening the
road, his company hopes that there will be better
maintenance and federal funds available for upgrading.
MIKE MORRY, from Anaktuvuk Pass, testified against SB 92 as
he said he believes it will affect the Caribou migration
that goes by his village. He discussed the migration trail
of the caribou and urged that SB 82 not be passed.
MIKE WALLERI, General Counsel, Tanana Chiefs Conference,
indicated he has sent his written testimony to the committee
in opposition to SB 82. He said his organization is opposed
to opening the haul road to unrestricted use because of
concerns relating to subsistence and safety. SB 82 fails to
address any of those concerns and doesn't provide for a
commitment by the state to maintain the road. In 1991, the
Tanana Chiefs Conference and the North Slope Borough filed
suit against the State of Alaska in response to attempts to
amend regulations to open the road administratively. They
received an injunction which is currently on appeal before
the Alaska Supreme Court. Mr. Walleri said since that time,
his organization has been engaged in discussions with the
state, BLM, and certain environmental groups through the
offices of Commissioner Blatchford with the idea of trying
to reach some kind of a comprehensive settlement to the
issues related to the management of the haul road and the
BLM utility corridor. Included in the written comments is a
copy of the most recent draft agreement which provides for
the opening of the road to the general public except during
the hunting season and/or for hunting purposes. He
continued to discuss the aspects of the agreement and
suggested that the negotiations be allowed to continue. If
anything, the bill should be amended to allow the governor
to enter into the agreements and/or to incorporate many of
the provisions. Mr. Walleri continued to testify against SB
82.
DAVE LACEY, Manager, Yukon River Tours, explained his
company has a 49 passenger tour boat operating on the Yukon
River. He explained his business is a wilderness based
tourism business and they service tour busses that come up
the road. One of the main things that the customers want to
see are animals. He indicated that he is concerned that
hunting and fishing has never been managed properly along
the road. The road can, if managed properly, become like
Denali where people have a wonderful opportunity to view
wildlife. Mr. Lacey referred to a 1991 BLM survey and said
there were 1,500 hunters at the Yukon crossing. It is
completely overcrowded and his business couldn't even get
their boats in and out of the water as there were so many
boats. He discussed the litter problem. Mr. Lacey said
they have concerns about opening the road until there is
some planning and commitment to funding.
LOU BROWN, representing the Northern Alaska Environmental
Center, said it isn't clear whether the legislature has the
right to open a highway. The Trans-Alaska Pipeline
Authorization Act authorized the granting of the right-of-
way necessary for and related to construction and
maintenance of the Trans-Alaska Pipeline. A conflict with
the intentions of Congress was not necessarily to encourage
use by the public while the pipeline was in operation and
the right-of-way being utilized for the purposes for which
it was granted. Ms. Brown said the legislature should
realize that it will be impossible to close the road and
complete the restoration of the road per the requirements of
the Mineral Leasing Act. The legislature should also
consider how much the efficiently of the right-of-way will
be impacted by the introduction of recreational vehicles,
busses and privately owned cars, should a gas pipeline be
constructed.
Ms. Brown said although BLM gave portions of land along the
Dalton Highway to the state, her organization questions if
the state has the authority to initiate an action that would
directly impact the condition of federally owned lands
immediately adjacent to the corridor. She indicated that
they are also concerned about the potential for a
significant impact to subsistence resources. She referred
to the maintenance issue and asked if DOT/PF will get the
funding to provide the level of service necessary for a
public road both summer and winter. She also questioned how
much it will cost to employ appropriate number of public
health and safety officers and who will be responsible for
fire protection and ambulance services. Ms. Brown continued
to discuss concerns relating the degradation do to all
terrain vehicles, etc. She thanked the committee for
listening to her testimony.
Number 552
LANA WEGNER, representing Petitioners for Safety on the Haul
Road, said her organization is comprised of truck drivers
and their families. She indicated she is testifying in
support of opening the Dalton Highway to the public as the
state would have access to federal funds which would be used
to improve the conditions of the road. Ms. Wegner said the
public is already using the road and it should be in proper
condition. She said they would like assurance that federal
money would be appropriated for improvements on the road.
She said during the winter, DOT/PF has reserved the right to
close the road to the public in the event of cold weather or
poor road conditions. Ms. Wegner urged support for opening
the road.
CHAIRMAN SHARP noted that all the highways in the state are
subject to closure by DOT/PF under extreme road or safety
conditions.
MARTIN KING, Owner, Irish Trucking, said he is the current
president of the Alaska Trucking Association. He said with
proper funding and maintenance, the Alaska Trucking
Association is in support of opening the Dalton Highway to
the public. The Alaska Trucking Association expects the
following from the State of Alaska - DOT/PF: A safe highway
to travel on; A well maintained highway; and A year around
ability to support our northern oil fields on a daily basis.
Mr. King said his position, as the owner of Irish Trucking
is the same as the Alaska Trucking Association's position.
TAPE 93-8, SIDE B
Number 001
EDDIE BERGMAN, Mayor, City of Allakaket, testified against
opening the Dalton Highway. The reason is mostly because of
the subsistence of the local people. He thanked the
committee for letting him testify.
FRANK DILLON, Executive Director, Alaska Trucking
Association, explained that in the past, the association has
been neutral on the issue of opening the Dalton Highway. As
a result of arguments made by DOT/PF and others that there
would be better maintenance and safer conditions on the
road, the Alaska Trucking Association's Board of Directors
has change its position to support SB 82.
ANNETTE KOCH, testifying from Fairbanks, was in favor of
opening the Dalton Highway to the public. She indicated
that federal funds that may be received would assist in
maintaining the highway.
Number 027
HAROLD GILLIAM, testifying from Fairbanks, was in favor of
SB 82. He said some concerns that have been expressed are
valid concerns and most of them have a reasonable solution.
Mr. Gilliam said as far as safety and medical evacuation,
the National Guard is planning to have a new unit of
helicopters to be stationed at Eielson Air Force Base. He
asked why the state couldn't ask the Air Force to fly a jet
a supersonic speed during the times that there are avalanche
warnings. He discussed his experience driving the Alcan
Highway. Mr. Gilliam said he would suggest that there
shouldn't be any hunting from the road at all. He noted
that BLM is currently spending a lot of money on developing
rest areas.
GEORGE LOUNSBURY testified in support of SB 82. He
indicated he owns property south of Dietrich and said he has
seen a lot of people that are disappointed when they can't
go further up the road. The fact that the state is missing
out on federal highway funds is a shame. He referred to the
people on the North Slope and said he doesn't think that the
question is so much of subsistence but is a question as to
what is right and wrong for all the citizens of Alaska.
Hunting pressure can be handled through regulations.
Everybody should have the right to drive the road. He
thanked the committee for listening to him.
Number 076
CHIP TOMA, testifying in Juneau, explained that he has had
to opportunity to work on the Dalton Highway during the in
the winters from 1974-1977 as a teamster. He said he drove
several different kinds of vehicles on the highway and it
was the most hazardous job he has ever had. The road is
extremely hazardous and the main problem with the road
during the winter is the white out conditions. He noted he
saw many accidents along the road. It will be a hay day for
private tow truck and medi-vac operators. He said he
doesn't think that the average American driver has an idea
how to drive under the conditions on the road. If the road
hasn't been maintained, it would be incredibly dangerous.
Mr. Toma said he never saw much game and doesn't believe it
is a viewing highway by any means.
WAYNE REGELIN, Deputy Director, Division of Wildlife
Conservation, Department of Fish and Game, said there was a
question at the previous meeting as to how wildlife is
managed along the Dempster Highway in Canada and said the
road runs from Dawson up to the McKenzie Delta and is open
year around. Hunting is allowed but there is a one
kilometer, a little over a half a mile, `no hunting' buffer
along each side of the road. Beyond that buffer, there are
no restrictions. The hunters are allowed to use snow
machines, etc. He noted there is a manned check station
from October 1 through December and it is mandatory for
hunters to stop. Most of the hunting is for the Porcupine
Caribou herd and the season is open from August 1 to July
30. There is a bag limit of two. On the average about
2,000 animals are taken. Mr. Regelin said a little over 100
caribou are killed by bow hunters each year along the
highway corridor of the Dalton Highway. He noted that there
is a five mile closed corridor.
SENATOR PHILLIPS referred to the police services along the
Dempster and said he has received a letter stating that they
are basically congregated around the villages and towns.
Number 163
MARY FORBES, Volunteer, Alaska Environmental Lobby,
testified against SB 82. She indicated her organization
agrees with many of the concerns raised at the hearing.
Opening the highway will substantially impact the wildlife
of the area. Hunting pressures, legal and illegal, will
increase. On the North Slope, increased off road vehicle
use will threaten the fragile layer of vegetation on top to
the permafrost causing serous erosion problems. Ms. Forbes
noted that BLM has a very ambitious recreation plan for the
area which will magnify the impacts in the coming years.
She said she would like to point out that the original
intent of the legislation is specifically stated in state
statute, Chapter 40, Section 19.40.010 (5)(b) "It is the
sense of the legislature that the construction of the
highway will not impair the natural wilderness adjacent to
the highway and will not unreasonably interfere with
subsistence hunting, fishing, trapping, and gathering." She
said the Environmental Lobby believes that opening the
Dalton Highway to public use would violate the intent of the
statute. Ms. Forbes thanked the committee for the
opportunity to testify.
There being no further testimony CHAIRMAN SHARP indicated
that the bill would be heard again at the next hearing.
Number 210
Chairman Sharp adjourned the meeting at 4:47.
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