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