HJR 30-IZEMBEK LAND EXCHANGE  2:17:45 PM CO-CHAIR SADDLER announced that the next order of business would be HOUSE JOINT RESOLUTION NO. 30, Requesting that the federal government and the United States Secretary of the Interior reconsider the Izembek Land Exchange decision and approve the Izembek Land Exchange, allowing the residents of King Cove to have road access to the Cold Bay Airport for critical health and safety reasons and to improve the quality of their lives. 2:18:07 PM REPRESENTATIVE BOB HERRON, Alaska State Legislature, testifying as the prime sponsor, stated that HJR 30 dissects the "no action" decision by now U.S. Secretary [of the Department of th Interior (DOI)] Sally Jewell. He asserted that the Environment Impact Statement (EIS) did not follow the law, and the resolution points that out and seeks to have the legislature endorse this resolution and send it to Washington, D.C. He explained that this refers to the Omnibus Public Land Management Act of 2009, endorsed unanimously by the legislature [in 2010 with passage of House Bill 210]. The federal act required an EIS, which was worked on for four years. As you know, he said, former U.S. Secretary [of DOI] Ken Salazar rejected the proposal, affirmed by Secretary Jewell, essentially blocking the land swap and the public safety corridor from King Cove to Cold Bay. 2:19:37 PM REPRESENTATIVE HERRON explained that federal case law and Congressional actions have reinforced the principle that trust responsibilities to Alaska Natives applies to all federal officials, all federal decisions, and all federal activities. He offered his belief that USFWS conveniently decided it is exempt from this [Act], but of course they are not. He said that the DOI likes the situation, such that the Bureau of Indian Affairs had the trust responsibility for Alaska Natives, and by custom the Assistant Secretary of the Interior - Indian Affairs - has been an American Indian or an Alaska Native. However, the U.S. Office of Management & Budget (OMB) reduced their funding and the administration moved the office to the White House Domestic Policy Council. Now it is conveniently housed, in most part, by the Senate Committee on Indian Affairs. Thus, the role of trust responsibility has gotten farther and farther removed from the DOI. REPRESENTATIVE HERRON indicated that the U.S. Courts have warned the federal officials they are bound by every moral and equitable consideration to discharge this trust responsibility in good faith and fairness. Although everyone can read the resolution, substantial background exists, in particular, that the U.S. Fish and Wildlife Service (USFWS) believes it is exempt and does not have a responsibility for public safety and people. Still, the Congress has explicitly associated trust responsibility with six federal departments - Education, Energy, Health and Social Services, Housing and Urban Development, Labor, and the DOI. 2:21:46 PM REPRESENTATIVE HERRON related the background of this decision. He referred to page 2, line 4, that highlighted the legislature unanimously passed House Bill 210, approving the state's participation in the Omnibus Public Land Management Act of 2009. The state wants the land exchange, he said. He referred to page 2, lines 29-31, in which the USFWS publicly stated, "safety considerations are important, but they were not a factor in this decision-- at least not a factor we analyzed, since we only analyzed the environmental impacts, which is what we were called upon to do since we are not a public safety organization", ...." He reminded members everyone has seen USFWS employees "pack a weapon" and in fact, they take actions to protect public safety. REPRESENTATIVE HERRON, fast forwarding to 2013, noted he was in King Cove when the Assistant Secretary of Indian Affairs, Kevin Washburn, visited the community. He said he was also present with U.S. Senator Lisa Murkowski when Secretary Jewell visited the community. He emphasized what the agencies have chosen to leave out is that the federal agencies have not produced a public interest finding that is required. He further said that the process requires the federal government to state why there isn't a need for medical evacuations of Alaska Natives and also to remove members of the community from a dangerous situation. 2:24:17 PM REPRESENTATIVE HERRON, referring to language on page 4, lines 3- 6, related that HJR 30 states the federal government and the Secretary of the Interior purposefully ignored biological and technical information concerning environmental justice and transportation considerations. He referred to page 4, line 15, and noted Secretary Jewell's decision did not provide the required reports. After listening to all of the K-12 students, Secretary Jewell said, "I've listened to your concerns, now I must listen to the animals." He reported that subsequently Secretary Jewell did essentially the same thing at the community meeting. REPRESENTATIVE HERRON concluded that the USFWS thinks it is exempt from a trust responsibility to the Alaska Natives. This resolution addresses how the USFWS purposefully and willingly did not follow the Act or the Congressional Case Law. REPRESENTATIVE HERRON related that when he was in Washington, D.C., last week, Senator Lisa Murkowski personally requested she be able to testify on HJR 30. He said this issue is important to her because it is an example of how callous the DOI has become in its responsibilities to Alaska. 2:26:16 PM REPRESENTATIVE HERRON pointed out members' packets contain a photograph entitled "U.S. Fish & Wildlife Service - Your Guide to Hunting on National Wildlife Refuges" that depicts three bird hunters. One reason given for the USFWS's "no action decision" was due to the impact on black brant and the eel grass. He read an excerpt from the guide, as follows, "... it appears hardy water fowlers can hunt in the eelgrass to pursue and achieve their daily bag limit of black brant, and then search for ptarmigan on the upland year-round." REPRESENTATIVE HERRON said that the trust responsibility is not a limitation on Alaska Natives freedoms and rights; instead, it is a limit on the federal government over Alaska Natives and Alaskans, specifically the DOI's authority over Alaska. The most recent Izembek [National Wildlife Refuge] decision has utterly ignored the responsibilities that the federal government is required to maintain, he stated. 2:27:36 PM REPRESENTATIVE HAWKER thanked the sponsor for bringing forward HJR 30. He said: This whole issue has brought me personally as a state legislator to a slow burn. And I mean that burn has gone beyond smoking and, I mean, it's just, it ought to be a raging fire with every single person in the state legislature and every person in the State of Alaska. And this foolishness from the feds has got to end. It is completely and totally irresponsible for them to stand in the way of what truly is a public safety measure. REPRESENTATIVE HAWKER said if he could he would personally take a bulldozer and start building the road and let [the federal government] stop the state. He offered his belief that it has reached that point in dealing with the "feds" on this issue. It's time to stop sending these strongly worded letters of support for something they are obviously not going to do. He suggested it may be time to take matters into "our own hands" and just do it. He said that he is happy to support HJR 30. REPRESENTATIVE HERRON reported that all three members of the Alaska Congressional Delegation are fired up about this issue. He acknowledged that they are strident about the way Alaska has been treated. He hoped U.S. Senator Lisa Murkowski will be able to testify. 2:29:25 PM REPRESENTATIVE KAWASAKI noted that proposed road projects have project alternatives. He asked what the next step is in a "no action alternative" from the state's perspective. REPRESENTATIVE HERRON related that for four years the coordinating agencies determined that there was no other alternative but a road. However, the EIS ignored this determination even though the federal agency EIS document was complete. He offered his belief that this was a pre-engineered decision to say "no action," and he surmised it was a decision that was made above Secretary Jewell's "pay grade." 2:30:49 PM REPRESENTATIVE JOHNSON remarked that he'd like to put on the record what Alaska is prepared to give up as a state. He asked for further clarification on the amount of acreage "swap" in the proposed Izembek Land Exchange. REPRESENTATIVE HERRON explained the federal government would receive 60,000 acres and in return the state and local region would receive 206 acres. REPRESENTATIVE JOHNSON answered that it speaks for itself. REPRESENTATIVE SADDLER acknowledged it was a considerable ratio. REPRESENTATIVE HERRON remarked what is incredible is that even though the DOI and USFWS are required to consider the human and public sector factors, those factors were irrelevant to them. 2:32:01 PM CO-CHAIR SADDLER inquired whether other examples exist in which the federal government has agreed to be bound by the trust responsibility. REPRESENTATIVE HERRON answered yes; case law throughout history exists in terms of the government's responsibility under [Article] 16 of the Constitution. However, similar instances also happen, which he characterized as being an indifference that seems prevalent. He surmised that the federal government is geographically removed and feels that Congress has taken over the trust responsibilities of the Alaska Natives and American Indians, although that somehow doesn't occur. He suggested a broader fear of the eight-mile road representing the public- safety corridor exists such that the DOI is afraid that if it agrees to this it will set precedent for a public-safety corridor in every wilderness and every refuge. 2:33:31 PM CO-CHAIR SADDLER said that the point is it means people can't be safe in refuges. REPRESENTATIVE HAWKER suggested that the land Alaska would give in the Izembek Land Exchange is an amazing ratio, and if his math is correct it would consist of "34 to 10,000" in terms of the land the federal government would receive. 2:33:59 PM REPRESENTATIVE TARR asked whether other public safety improvements have been considered that might address some of the health care needs. REPRESENTATIVE HERRON responded that the environment is the limitation since the airport is designated "zero-zero" 100 days per year, noting that King Cove represents an important port for the fishing industry. Although King Cove has a safe harbor, once boats are out of the harbor the seas are rough. He emphasized that this issue really becomes an issue of safe medical evacuation. He pointed out that 18 people have died, including members of the U.S. Coast Guard. He referred to the press release in members' packets dated February 14, 2014, noting the difficulty of medavac evacuations, yet the community of approximately 1,000 people lives 25 miles away from one of the largest airport runways in Alaska. He emphasized the runway's size by mentioning that it was considered as a second alternative for space shuttle landings. He stressed that every alternative was considered and vetted by the coordinating agencies. One alternative was to use hovercraft, but it was deemed to be too expensive and not reliable due to the challenging weather conditions in the region. 2:36:29 PM CO-CHAIR SADDLER opened public testimony on HJR 30. 2:36:51 PM SENATOR LISA MURKOWSKI, U.S. Senator, United States Senate, said she appreciated the opportunity to support HJR 30. She has previously submitted written testimony; however, she asked to supplement her testimony. This resolution outlines the history and long fight that the 953 residents of King Cove have been engaged in over a decades in order to gain access to a safety corridor to allow access to the second-longest runway in Alaska for purposes of life-safety. She emphasized it is important to reinforce that Secretary [Jewell's] decision on December 23 to reject the road alternative also rejected the legislative act that reflected the work of all respective agencies since legislation passed through the U.S. Senate, was concurred in by the House of Representatives, and signed into law by the President of the United States. The one remaining thing was a best interest finding from the Secretary of the Interior. Her actions effectively ignored the will of the Congress to move forward with the land exchange and the safety corridor for the people of King Cove. She has shared the fact that this is a 300-to-1 land exchange in which the Alaska Natives in King Cove were willing to give up land they received as part of their Native land settlement. The state also had agreed that the exchange would allow for new wilderness areas in the state despite the typical resolve against adding new wilderness in Alaska. She said, "Still, this was not good enough for the Secretary of the Interior, a 300-to-1 exchange." SENATOR MURKOWSKI remarked that the action defies logic. She characterized the land exchange rejection as "a stunning injustice" to the people of King Cove and beyond that an injustice to the people of Alaska. 2:40:44 PM SENATOR MURKOWSKI related that Alaska hears far too often the frightening circumstances in which medical evacuation to Anchorage is necessary. She said the community faces dangerous life-threatening circumstance, one of which played out on February 14, 2014. If not for the heroics of the U.S. Coast Guard, who knows what might have happened to the woman facing the medical emergency. Besides the residents of King Cove not able to gain safety, it also places the men and women serving in the USCG in dangerous circumstances. The pilots and crews willingly attempt rescues at considerable risk to themselves and at considerable financial cost to the taxpayers, she said. In this instance the dangers could all be avoided with a 10-mile, one-lane, non-commercial use road. 2:42:14 PM SENATOR MURKOWSKI said at the time Secretary Jewell rejected the road, she indicated that she would work to help the people of King Cove, but no proposal has been forthcoming. In fact, she has not found one person at the DOI who has moved forward to improve the situation, and each day that passes the people of King Cove are placed at risk due to the decisions the federal government has made. SENATOR MURKOWSKI appreciated that the committee has advanced a resolution which is strong, clear, and lays forth the facts and reasons why it is imperative all Alaskans work to address this wrong brought about by Secretary Jewell's decision. She offered her belief that this resolution will help affirm that Alaskans are united in opposition to the Secretary of the Department of the Interior's decision and are also united in desiring to protect the health and safety of those who live in King Cove. CO-CHAIR SADDLER advised that her written comments will be distributed to members. 2:44:37 PM REPRESENTATIVE KAWASAKI thanked Senator Murkowski for her efforts to help Alaska. He related that Secretary Jewell has made overtures to indicate she would like to speak to the Alaska Congressional Delegation on this matter. He pointed out the language in HJR 30 is somewhat inflammatory, more specifically, it states "heartless and cold decision" [page 4, line 13]. He wondered if this type of strongly-worded message is necessary and whether she stands by that language. SENATOR MURKOWSKI responded she has used those exact terms, in fact, she has called Secretary Jewell's decision "heartless" because she believes the decision was without regard to Alaska's Native people in King Cove. She said this troubles her greatly, particularly since the Secretary of DOI has a trust responsibility to Alaska's Native people. She concurred the language in the resolution is direct and something Secretary Jewell will not like to receive, but the state must be very clear and state in no uncertain terms that Alaskans feel very strongly this decision should not be allowed since it directly relates to the safety of the people who live in the region. She deferred to the committee to carefully and critically examine the language; however, she stands behind the words she has used. Ultimately, the legislature must be certain it can stand behind the words it uses, as well. 2:47:06 PM SENATOR MURKOWSKI recalled addressing the legislature in February. She stressed that the King Cove road issue is not an issue where something else can be found to make it go away. She emphasized it isn't possible to trade the health and safety of human beings for another project. In fact, this is not a project, but is an issue that relates to people's lives in a remote part of the USA. The government has an obligation - where possible - to provide a level of safety and ways to improve the quality of people's lives. She said she has specifically informed Secretary Jewell that she does not intend to back down from this and concluded that Alaskans agree a road is the right decision. However, she acknowledged that the way Alaska states its case is important. She appreciated that as lawmakers the legislature is willing to advance a detailed and direct resolution. 2:48:45 PM REPRESENTATIVE JOHNSON inquired whether the resolution is directed at the right person and if Secretary Jewell will be making the final decision since it didn't seem logical that one person could stand in the way. SENATOR LISA MURKOWSKI answered there has been a request for reconsideration of Secretary Jewell's determination, which clearly rests with her. She reported that the 2009 legislation gave responsibility to the Secretary of Interior for making the best interest determination. She has used every tool available to ensure that the administration understands how this issue relates to Alaska. She related that she has had repeated conversations with Vice-President [Biden] to ensure that he was aware of Alaska's position. She believed that if Secretary Jewell decides to make the decision it will be done. However, she did not think it hurts to direct this resolution to both Secretary Jewell and the President; however, ultimately she believes the decision will be made by Secretary Jewell. 2:51:09 PM CO-CHAIR SADDLER opened public testimony on HJR 30. 2:51:45 PM HENRY MACK, Mayor, City of King Cove, explained he is a life- long resident of the City of King Cove. He thanked committee members and the legislature for the overwhelming support for the Izembek Land Exchange leading to the approval of the one-lane gravel road connecting King Cove to the Cold Bay airport. He recognized Representative Herron who authored HJR 30 and spent considerable time in King Cove the past few years becoming very familiar with the transportation access issues. This approval process has been a long time in the making. He related he served on the city council in 1976, when the City of King Cove adopted its first resolution identifying the need for this road to access the Cold Bay airport. Since that time 12 people have been killed flying in and out of King Cove and countless relatives and friends have been adversely impacted by the necessity for medevac evacuation from King Cove. He expressed astonishment that the community is still trying to address this basic quality of life issue for residents with the federal government. He emphasized the incredible offer to trade over 60,000 acres of state and King Cove Corporation land to the federal government for 206 acres of the Izembek land to allow nine miles of one-lane road access to the Cold Bay airport. 2:53:30 PM MR. MACK noted that two days before Christmas, Secretary Jewell said no to the people of King Cove. He reported that the entire community is outraged, particularly since it implies that the lives of King Cove's residents are not very important to her or to the USFWS. MR. MACK said the further insult to the Aleut people of King Cove was the very flawed and biased EIS, which the federal government has used to justify this unbelievable decision. Secretary Jewell has further insulted the community by saying the marine landing craft could work better than a road to transport the sick and injured residents of Cold Bay. This position shows a lack of federal government's awareness of the extreme weather and marine navigational issues at the Western end of the Alaska Peninsula. He pointed out this decision is one of the most recent and extreme examples of federal government overreach in Alaska. Finally, he stated that this decision represents a major cultural insult to the predominantly Aleut residents of King Cove since it completely ignores the government's trust responsibility to fairly listen and include the resident's expectations and concerns when decisions are made that affect the lives of residents. Although the community has asked Secretary Jewell to reconsider, thus far she has not yet responded to the mid-January request. He has personally advised Secretary Jewell and her staff that the matter will not go away until the right decision is made. In closing, he respectfully asked members to approve HJR 30 that clearly expresses the community's needs, frustration, emotions, and expectations on this critical issue to residents of King Cove. He thanked the legislature and administration for standing strong and for their commitment to the community on this important Izembek issue. 2:56:04 PM MIKE COONS, Director, Citizen Initiatives, Alaska, said he was testifying on behalf of himself and as the state director of Citizen Initiatives, a national organization. He has previously given a presentation on the Izembek land fiasco, which is also available on the website patriotsride.org. He said he has previously submitted written testimony to the committee, and he expressed outrage over Secretary Jewell's decisions and frustration with the federal government that is more concerned with politics and animals than Alaskans and Americans. He expressed further frustration that resolutions passed by the legislature are read by few and then forgotten. During the past two years he has yet to see a resolution have any impact on the Congress to the advantage of Alaska. He said that Citizen Initiatives has been working on a constitutional amendment called the countermand amendment to call for a convention of states under Article V of the U.S. Constitution; however, he has not been able to get his resolution introduced and passed. The countermand amendment would give 60 percent of the states the ability to countermand actions like [the decision] Secretary Jewell made, could put Alaska and the majority of freedom-loving states in the driver's seat, and would make these resolutions no longer needed. The countermand amendment would return to the states the sovereignty and power over that of an overreaching and blind federal government. He then offered support for HJR 30, stating it is all we have for now. He asked members to read the proposed countermand amendment and offered his willingness to discuss this and future Article V calls. 2:58:54 PM STANLEY MACK, Mayor, Aleutians East Borough, stated that Mayor Henry Mack is his nephew. He was born in King Cove but now lives in Sand Point. He stated that he has been a fisherman for 60 years and thanked members for the opportunity to testify. He appreciated the strong and consistent support for the issue. He acknowledged Representative Herron's personal advocacy and understanding. He said the Izembek Land Exchange will allow a one-lane gravel road to be built so the 950 residents of King Cove can finally reach a safe and dependable access to the Cold Bay airport. As Mayor Henry Mack previously testified, he too, was appalled and angered by Secretary Jewell's decision two days before Christmas. He recognized that not all transportation challenges can be resolved, especially given the weather, topography, and funding issues throughout Alaska; however, the King Cove transportation access problem is different because it can be solved. In fact, it is one reason that the community has been persistent for so long. He reiterated the unprecedented land exchange that would have given 60,000 acres in exchange for 200 acres [to allow for road access]. He thanked the legislature and the governor for standing so strong and committed to the communities on this controversial issue. 3:01:20 PM GARY HENNIGH, City Manager, said that both Mayor Henry Mack and Mayor Stanley Mack have nicely summarized the testimony. He explained he gave up his time to them, but thanked members for the opportunity to testify. 3:01:36 PM CO-CHAIR SADDLER closed public testimony on HJR 30. REPRESENTATIVE P. WILSON moved to report HJR 30 out of committee with individual recommendations and the accompanying fiscal note. There being no objection, HJR 30 was reported from the House Resources Standing Committee.