SJR 15-OPPOSE INTERNATIONAL DESIGNATING OF LAND  1:14:12 PM VICE CHAIR PEGGY WILSON announced that the first order of business would be SENATE JOINT RESOLUTION NO. 15, Opposing any international designation of Alaska land or water as an international park, world heritage site, biosphere reserve, Ramsar site, or other classification of land or water that affects the use of land or water by the state or an Alaska Native corporation without approval by the United States Congress and the Alaska State Legislature; requesting the United States Department of State and the United States Department of the Interior to cease all further action related to an international designation for land and water in the state until the action is approved by the United States Congress and the Alaska State Legislature; requesting that the United States Congress pass legislation requiring Congressional approval of any international designation that affects the use of land or water by the state or the United States; requesting that the governor be involved in the process and development of any joint action plan; requesting that the state, including the departments responsible for the management of fish and wildlife and other natural resources, be an integral part of any discussion, agreement, understanding, or other process that affects the use or development of fish and wildlife and other natural resources in the state; and urging the governor and the attorney general to reserve all legal remedies for a taking of the natural resources of the state by an international designation of land and water in the state. 1:15:16 PM REPRESENTATIVE HAWKER moved to adopt Version U as the working document. REPRESENTATIVE SEATON objected for discussion purposes. 1:15:48 PM JANE CONWAY, Staff, Senator Cathy Giessel, Alaska State Legislature, stated the current version of the proposed committee substitute (CS) for SJR 15 is Version N. SENATOR CATHY GIESSEL, Alaska State Legislature, clarified that the original version of SJR 15 was Version U. 1:16:16 PM REPRESENTATIVE HAWKER withdrew his motion. The committee took a brief at-ease. 1:17:00 PM REPRESENTATIVE SEATON moved to adopt the proposed committee substitute (CS) for SJR 15, Version N, [labeled 28-LS1192/N, Bullock, 2/28/14] as the working document. REPRESENTATIVE JOHNSON objected for discussion purposes. 1:17:49 PM MS. CONWAY explained that Version N makes three small changes: On page 2, line 26, changes "National Park Service" to "the federal government"; on page 3, line 8, changes "would" to "potentially could evolve into" and on page 4, line 6, changes "would" to "could." In response to a question, stated that these changes do not at all alter the message of SJR 15. 1:18:51 PM REPRESENTATIVE JOHNSON removed his objection. There being no further objection, Version N was before the committee. VICE CHAIR P. WILSON opened public testimony on SJR 15. 1:19:28 PM REPRESENTATIVE SEATON requested a brief overview of the resolution for the public. SENATOR GIESSEL stated that SJR 15 is similar to a resolution that several committee members sponsored in 2007 that passed the legislature. She noted this is not a new issue. She explained that Beringia is a designated international park in Northwest Alaska. She advised that this represents another taking of Alaska land. She acknowledged the committee is familiar with the Alaska National Interest Lands Conservation Act (ANILCA). The third element in ANILCA indicates that Alaska has given its share of lands for federal conservation units. She related that ANILCA also contains a "no more clause" noting that Alaska need not give any more land. However, after ANILCA passed in 1985, the National Park Service (NPS) began to capture land to create the Bering Land Bridge National Preserve thereby taking more land. In the early 1990s informal discussions between President George Bush and President Gorbachev were held proposing an international park designation that would consist of land from Russia and land in Alaska. In 2013, Russia formally established the Beringia National Park on the Chukotka Peninsula in Russia. This would be joined with the Beringia Land Bridge National Preserve on the Seward Peninsula and Cape Krusenstern National Monument just north of Kotzebue. She summarized that this is Russian land and Alaska's land creating an international park designation. 1:22:05 PM SENATOR GIESSEL noted that in October 2013 another Memorandum of Understanding (MOU) was developed and is now awaiting signature of the president to finalize this international designation. The purpose of the park would be to consider culture, environment, and conduct research in the protected area. While this may sound nice, Governor Parnell has not been a party to these discussions, nor has the legislature, and Congress has not been invited to discuss or chime in on this designation. This designation falls under the United Nations Educational, Scientific, and Cultural Organization. After Cape Krusenstern National Monument and the Bering Land Bridge National Preserve designations, further United Nations organizations' criteria applied to other areas. For example, she pointed out that a proposed road that would go through the Izembek [National Wildlife Refuge], which is a Ramsar Convention [list of wetlands of international importance] site, but it was declined due to concern about grasses and birds. She reiterated that this has been designated a Ramsar Convention site by the United Nations. SENATOR GIESSEL related that Alaska World Heritage sites, also designated by the United Nations include Glacier Bay and Wrangell-St. Elias Park, as well as Denali National Park, which is a biosphere reserve. She stated there is an "ongoing push" for a buffer zone around Denali National Park and Preserve. She stated that pushing for a buffer zone is one path taken to expand the size of a preserve. 1:24:07 PM SENATOR GIESSEL pointed out although these designations seem harmless, similar ones have curtailed resource development around the world. This resolution expresses her concern that terms such as "sustainable development" that are commonly stated by the United Nations and the federal government will mean restricted development. She advised that the governor has sent letters to [former] Secretary of State Hilary Clinton, expressing his concern. U.S. Senator Murkowski and Congressman Don Young have asked U.S. Secretary of the Interior Sally Jewell and Secretary of State John Kerry to stop and listen to the State of Alaska on this issue. Similarly, the leadership in the other body has written a similar letter and the Citizens' Advisory Commission on Federal Areas (CACFA) has listed this international park as a primary priority concern. SENATOR GIESSEL stated that the purpose of SJR 15 is to raise an awareness that this proposal has not gone away, but has moved forward. She reported that an MOU signed by Russia and the Secretary of State is awaiting President Obama's signature to finalize the document. 1:25:51 PM REPRESENTATIVE HAWKER pointed out the final resolve clause urges the governor and the attorney general to seek legal remedies, but they are not on the list of people who will receive copies of this resolution. He suggested they should be added. SENATOR GIESSEL agreed that is a good suggestion. 1:26:58 PM REPRESENTATIVE KAWASAKI requested a specific example of how this designation has hampered development of natural resources in Alaska. SENATOR GIESSEL deferred to her staff, Jane Conway. MS. CONWAY answered that the most recent example is the Izembek Road from Cold Bay to King Salmon. She remarked that this road as a Ramsar site was touted as a reason for denial. This decision cited the Black Headed Brant and the protection of the eel grass in the area [as the basis for the denial.] The purpose of this resolution is that it could possibly hamper development in the state if the international designations are allowed without Alaska's or Congressional approval. 1:28:34 PM REPRESENTATIVE KAWASAKI asked for some of the benefits to Alaska and Russia in having an MOU in place regarding the Beringia. SENATOR GIESSEL said she cannot think of a single benefit of having this MOU in place. It is an additional international taking that has no benefit. 1:29:42 PM REPRESENTATIVE TARR pointed out that the lands in question are federal lands. She referred to a map in members' packets entitled "Proposed Transboundary Area of Shared Beringian Heritage" and to the proposed contributions to International Protected Area - Pending Designation. She said these lands appear to all be federal and native lands so it may be appropriate for the federal government to have these deliberations about federal lands. She asked whether any state lands are included. SENATOR GIESSEL answered yes; naming the Bering Land Bridge National Preserve and the Cape Krusenstern National Monument north of Kotzebue. She outlined the challenge, that the NPS web site describes Beringia by latitude and longitude and geographical location. Beringia actually extends to the top of Alaska and to the Mackenzie River in Canada, to the bottom of the Kamchatka Peninsula, about parallel to the Aleutian Islands. This essentially would encompass the entire state. She noted the significant oil and mining resources. The road from the Red Dog Mine to tidewater had to cross Cape Krusenstern and required an act of Congress to build the road. She expressed concern that if this becomes internationally designated, Alaska would have significant barriers to resource development. 1:32:35 PM REPRESENTATIVE TARR understood the concern is related to the larger designation. SENATOR GIESSEL explained that these designations tend to expand over time. This is U.S. land, so she did not understand the reason to relinquish it to international jurisdiction. 1:33:33 PM STAN LEAPHART, Executive Director, Citizens' Advisory Commission on Federal Areas, testified in support of SJR 15 from the following written statement [original punctuation provided]: I appreciate the opportunity to testify today in support of SJR 15. The Commission shares the concerns expressed in SJR 15 regarding the designation of lands under various internal initiatives such as that reflected in the proposed memorandum of understanding between the United States and the Russian Federation to "symbolically link" U.S. National Parks in the Bering Strait Region to form an international protected area. The proposed MOU states that it is legally nonbinding and is not an international agreement and does not create any rights or obligations under international law. Based on past experience, however, the terms of this MOU could complicate the ability of the National Park Service to manage national park lands in this region. It could also potentially affect the ability of the State of Alaska and the private land owners in the region to develop and utilize their lands. While somewhat different in scope, the recent decision by the Secretary of the Interior to not approve the construction of a road in the Izembek NWR was based in no small part on the 1986 designation of the refuge as a Wetland of International Importance under the Ramsar Convention, even though the convention is non regulatory and has no sanctions for violating treaty commitments. In the 1990s the designation of Glacier Bay National Park & Preserve as both a United Nations World Heritage Site and a biosphere Reserve was a factor in the phased elimination of a 100 year old state-managed commercial fishery in the park. The Commission notes that the National Park Service Shared Beringian Heritage Programs has funded numerous projects over the last 12 years in the Bering Straits region. These projects have collected useful archeological, cultural, historical, natural resource and environmental data. We also note that many of the projects are undertaken not in the Alaskan park units for which the National Park Service has statutory management responsibility, but in the Russian Federation. Both the Cape Krusenstern National Monument and the Bering Land Bridge National Preserve (which are the two U.S. National Park units that would be "symbolically linked" under this MOU) were created by ANILCA to protect archeological sites and provide for the study of the historic migration of peoples across the Bering Straits, as well as to preserve natural and cultural resources in these two areas. We believe that the increasingly scarce funds used for the administratively created Shared Beringian Heritage Program could better be utilized to meet the National Park Service's statutory responsibilities for these two park units. 1:36:48 PM MR. LEAPHART pointed out that ostensibly under the MOU the management decisions would only directly affect the National Park Units. He asked to read a short excerpt from a recently released report, as follows [original punctuation provided]: A recent report by the Science Committee of the National Park System Advisory Board contains the following statement: "Confronted with continuous and dynamic change and the goal of preserving ecological integrity, NPS management strategies must be expanded to encompass a geographic scope beyond park boundaries to larger landscapes and to consider longer time horizons. Specific tactics include improving the representation of unique ecosystem types within the National Park System, prioritizing the protection of habitats that may serve as climate refugia, ensuring the maintenance of critical migration and dispersal corridors, and strengthening the resilience of park ecosystems." MR. LEAPHART submitted that this language means the NPS looks outside its management responsibilities to develop management strategies and emphasizes the possible threat from creation of this Beringian Heritage Area. 1:38:14 PM REPRESENTATIVE TARR inquired whether SJR 15 would have an impact on the MOU, which is what is moving forward and if the resolution should specifically address the MOU. MR. LEAPHART offered his belief that the intent of SJR 15 is in opposition to the MOU and he would hope the result would be that the president would not sign it. 1:40:02 PM DEANTHA CROCKETT, Executive Director, Alaska Miners Association, Inc. (AMA) spoke in favor of SJR 15. She read from the following written statement [original punctuation provided]: Good afternoon. My name is Deantha Crockett, and I am Executive Director of the Alaska Miners Association. AMA began in 1939 (so 2014 celebrates our 75th Anniversary!) and is the umbrella association for Alaska's mining industry. Our members include small, family-run placer operations, to large-scale hard rock mines, to coal mines, to exploration projects, and all vendors and contractors that support Alaska's mines. AMA does not support actions that decrease or prevent access to Alaska's lands. In 1980, the Alaska National Interest Lands Conservation Act (ANILCA) designated millions of acres within Alaska as conservation system units, and more importantly, issued a promise that "No More" lands would be precluded from a multiple-use, fully accessible classification. The Federal government today should keep that promise, and block no further acreage from access, exploration, and with hope, development of all uses. Separately, land designations should only be made with full Congressional approval, the Alaska Legislature, and the Governor, as well as the various private landowners in this area. Governor Parnell, as well as Senator Murkowski and Congressman Young have expressed concerns that the federal government has not consulted the State of Alaska on this land designation. While on a technical note, designations don't create regulatory authority over lands, it is a consideration taken into account by land managers who evaluate activities on those lands, and it is certainly noticed by potential developers who may sense additional risk by such a land designation when evaluating whether or not to invest in Alaska. We believe passage of SJR15 will send a message that the State of Alaska takes the multiple-use standard seriously, and that designations of lands within our state must be done in consultation with our state lawmakers. Thank you for hearing this resolution and I encourage you to pass it as soon as possible. 1:42:06 PM MARLEANNA HALL, Projects Coordinator, Resources Development Council (RDC), paraphrased, as follows [original punctuation provided]: The Resource Development Council for Alaska, Inc. (RDC) is writing in support of SJR 15, a resolution opposing any international designation of Alaska land or water as an international park, world heritage site, biosphere reserve, Ramsar site, or other classification of land or water that affects the use of land or water by the state or an Alaska Native Corporation without approval by the U.S. Congress and the Alaska State Legislature. RDC is an Alaskan business association comprised of individuals and companies from Alaska's oil and gas, mining, forest products, tourism, and fisheries industries. Our membership includes all of the Alaska Native regional corporations, local communities, organized labor, and industry support firms. RDC's purpose is to expand the state's economic base through the responsible development of our natural resources. It is a policy of RDC to advocate for access to and across lands in Alaska for resource and community development. RDC is concerned that the proposed Memorandum of Understanding (MOU) for the creation of the Beringia International Park (Beringia) will create another level of bureaucracy inhibiting access to areas in Alaska. The area under consideration in this proposed MOU is vast and surrounds many rural communities. The MOU lacks consultation and coordination with local and state government, as well as ignores possible impacts to resources, such as oil and gas, and mining exploration and development. It is also a policy of RDC to advocate for multiple use of lands, and resource development in the area could provide economic benefits to the region where well-paying jobs are scarce, as well as improved or added infrastructure and access to areas for multiple- users. RDC maintains that multiple uses should include mining (exploration, leasing, development) for oil and gas, coal, and minerals, as well as recreational and other potential uses. With less than one percent of Alaska in conventional private ownership, access should be available on other lands, and should not be restricted by an unprecedented one-size fits all MOU that will likely add another layer of federal bureaucracy. SJR 15 is timely, given the MOU has yet to be signed by the President. Input from those most knowledgeable about Alaska and Alaska's resources should not be ignored. This MOU could seriously jeopardize the ability to access resources that fall in and around Beringia. In addition, past federal government promises assured access to allow resource development in this area and others not set aside through the Alaska National Interest Lands Conservation Act (ANILCA) The passage of ANILCA in 1980 set aside 106 million acres of federal lands in Alaska as conservation system units. Today, Alaska accounts for 70 percent of all national park lands in the United States, as well as 53 percent of federally designated Wilderness for all of the U.S. RDC thanks Senator Giessel for introducing this resolution, and urges the Alaska Legislature to pass SJR 15 and to continue to assert the State of Alaska's rights, and consult with the State of Alaska on this and any future designations of the State's lands and resources. 1:43:46 PM VICE CHAIR P. WILSON, after first determining no one else wished to testify, closed public testimony on SJR 15. 1:44:24 PM REPRESENTATIVE KAWASAKI recalled that many members took the megaprojects seminar several years ago and it was enlightening to understand that part of the problem with resource development is having prospective developers know the confines of the development. Sometimes MOUs have a positive impact, he said. He was unsure about this one in particular, but he does not object to moving the resolution at this point. REPRESENTATIVE SEATON pointed out that the last further resolved urges the attorney general to reserve all legal remedies, which he said is an important part of SJR 15. 1:45:20 PM REPRESENTATIVE HAWKER moved to adopt Conceptual Amendment 1, to add "Governor Parnell and Attorney General Geraghty" to the addressees of the resolution. VICE CHAIR P. WILSON objected for discussion purposes. 1:45:47 PM REPRESENTATIVE HAWKER said he wanted to ensure that even though the resolution will pass the governor's desk for signature, it doesn't mean it will be assimilated by the governor. He respectfully asked for the sponsor's consent to make the amendment to add Governor Parnell and Attorney General Geraghty to the list of addressees. VICE CHAIR P. WILSON said she noted the sponsor was nodding her assent. SENATOR GIESSEL agreed. VICE CHAIR P. WILSON removed her objection. There being no further objection, Conceptual Amendment 1 was adopted. 1:46:49 PM REPRESENTATIVE OLSON moved to report SJR 15, Version N, labeled 28-LS1192/N, Bullock, 2/28/14, as amended, out of committee with individual recommendations and the accompanying fiscal note. There being no objection, the HCS SJR 15(RES) was reported from the House Resources Standing Committee.