ALASKA STATE LEGISLATURE
SENATE TRANSPORTATION STANDING COMMITTEE
February 17, 2005
1:38 p.m.
MEMBERS PRESENT
Senator Charlie Huggins, Chair
Senator John Cowdery, Vice Chair
Senator Gene Therriault
Senator Hollis French
MEMBERS ABSENT
Senator Albert Kookesh
OTHER LEGISLATORS PRESENT
Senator Donny Olson
COMMITTEE CALENDAR
SENATE BILL NO. 85
"An Act repealing the ban on the use of certain off-road
vehicles within five miles of the right-of-way of the James
Dalton Highway; and providing for an effective date."
MOVED SB 85 OUT OF COMMITTEE
SENATE BILL NO. 40
"An Act relating to the establishment of the Kuskokwim Port
Authority; and providing for an effective date."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 85
SHORT TITLE: OFF-ROAD VEHICLE USE ON DALTON HIGHWAY
SPONSOR(s): SENATOR(s) SEEKINS
01/31/05 (S) READ THE FIRST TIME - REFERRALS
01/31/05 (S) TRA, RES
02/08/05 (H) TRA AT 1:30 PM CAPITOL 17
02/08/05 (S) Scheduled But Not Heard
02/15/05 (S) TRA AT 1:30 PM BUTROVICH 205
02/15/05 (S) Heard & Held
02/15/05 (S) MINUTE(TRA)
BILL: SB 40
SHORT TITLE: KUSKOKWIM PORT AUTHORITY
SPONSOR(s): SENATOR(s) COWDERY, HOFFMAN
01/11/05 (S) PREFILE RELEASED 1/07/05
01/11/05 (S) READ THE FIRST TIME - REFERRALS
01/11/05 (S) TRA, FIN
02/03/05 (S) TRA AT 1:30 PM BUTROVICH 205
02/03/05 (S) <Bill Hearing Postponed to 02/08/05>
02/08/05 (H) TRA AT 1:30 PM CAPITOL 17
02/08/05 (S) Heard & Held
02/08/05 (S) MINUTE(TRA)
02/15/05 (S) TRA AT 1:30 PM BUTROVICH 205
02/15/05 (S) Scheduled But Not Heard
WITNESS REGISTER
Mr. Jack Reakom
Wiseman Village, AK
POSITION STATEMENT: Testified in opposition to SB 85
Mr. John Stacey
Wiseman Village, AK
POSITION STATEMENT: Testified in opposition to SB 85
Ms. Anna Smith
Wiseman Village, AK
POSITION STATEMENT: Testified in opposition to SB 85
Mr. Larry Burris, Village Liaison
Anaktuvuk, AK
POSITION STATEMENT: Testified in opposition to SB 85
Mr. Raymond
Wiseman Village, AK
POSITION STATEMENT: Testified in opposition to SB 85
Ms. June Raakoff
Wiseman Village, AK
POSITION STATEMENT: Testified in opposition to SB 85
Mr. Bernie Hicker
Wiseman Village, AK
POSITION STATEMENT: Testified in opposition to SB 85
Mr. Gordon Brower
Barrow, AK
POSITION STATEMENT: Testified in opposition to SB 85
Mr. Carl Roland
Fairbanks, AK
POSITION STATEMENT: Testified in opposition to SB 85
Ms. Isla Myers-Smith
Fairbanks, AK
POSITION STATEMENT: Testified in opposition to SB 85
Mr. Fran Mauer
Fairbanks, AK
POSITION STATEMENT: Testified in opposition to SB 85
Mr. Phil Wildfang
Fairbanks, AK
POSITION STATEMENT: Testified in opposition to SB 85
Mr. Jason Tinsley
Fairbanks, AK
POSITION STATEMENT: Testified in opposition to SB 85
Ms. Rosie Ahpauanganguak
Wiseman Village, AK
POSITION STATEMENT: Testified in opposition to SB 85
ACTION NARRATIVE
CHAIR CHARLIE HUGGINS called the Senate Transportation Standing
Committee meeting to order at 1:38:23 PM. Present were Senators
Hollis French, John Cowdery, Donnie Olson, and Chair Charlie
Huggins.
SB 85-OFF-ROAD VEHICLE USE ON DALTON HIGHWAY
1:41:04 PM
CHAIR HUGGINS asked all persons slated to testify to limit their
testimony to three minutes.
1:42:16 PM
MR. JACK REAKOM testified he has lived in the territory his
entire life. They see thousands of tourists and hunters
annually. He makes his living by air and guide hunting. He has
extensive knowledge of the region. The access efforts in the
area already provide utilization of the resources.
There is currently a low-density moose population, which is not
enough to sustain general hunting. They have seen dramatic
declines of Dahl sheep populations as well. SB 85 would alter
traditional access. ATVs would wander aimlessly looking for game
and the impact would egregiously affect current users. He cited
additional enforcement and maintenance costs.
1:46:07 PM
CHAIR HUGGINS asked Mr. Reakom whether management of game in the
corridor by the Alaska Department of Fish and Game (ADF&G) would
make him feel better.
MR. REAKOM stated his belief that the resources are utilized to
a maximum. Unit 24 is harvesting at 4.5 percent, which is right
at sustainability. He maintained there are no additional
resources for use.
1:49:09 PM
MR. JOHN. STACEY testified the issue is of vital importance to
his livelihood. He is a lifelong Alaskan resident supported by
resources in the James Dalton Highway corridor. He holds a
registered guide license, which is his main income.
Passage of SB 85 would incur three main affects
1. Decrease in game
2. Severe surface disturbance
3. Security of public and private property
Alyeska Pipeline Service Company would also be burdened by
increased vandalism and public safety issues. There is currently
only one Alaska State Trooper with a vast area of
responsibility. The bill would cost the state much money.
1:52:22 PM
MR. STACEY summarized his opposition to SB 85.
1:52:45 PM
SENATOR COWDERY asked Mr. Stacey how the area has changed since
1978.
MR. STACEY said once the road was opened there was an increase
in hunters and visitors. Issues of traffic popped up along with
a need to manage parameters of resources.
1:55:21 PM
MS. ANNA SMITH testified she is a third generation Alaskan from
the Kenai Peninsula. He has seen damage to the lands from ATV
trails. ATV usage would damage the ecosystem.
1:57:19 PM
MR. LARRY BURRIS, village liaison facilitator, Anaktuvuk
introduced the next witness.
MR. RAYMOND (indisc) testified he is a lifelong resident of
Anaktuvuk and a subsistent hunter. He expressed concern passage
of SB 85 would negatively impact the area. He addressed the need
to protect the wildlife. He expressed concern regarding lack of
law enforcement. He urged the committee to protect the Arctic
National Park and the University of Alaska Fairbanks research
station.
2:02:05 PM
CHAIR HUGGINS asked Mr. Raymond to expound on his concern about
wildlife and congestion.
MR. RAYMOND informed he had wildlife migration concerns, which
were already affected due to the pipeline.
CHAIR HUGGINS asked whether he would support banning snow
machines and ATVs north of the Yukon River.
MR. RAYMOND felt there was not enough law enforcement to do
that.
MR. BURRIS advised another concern is the level of search and
rescue services. Emergency search and rescue operations ignore
the environment and cause great damage.
CHAIR HUGGINS asked whether he had a problem with search and
rescue by helicopter.
2:06:01 PM
MR. BURRIS admitted it was the best and fastest way, however
dire situations create havoc for the environment.
MS. JUNE RAAKOFF, pastor, Wiseman Village, testified her
opposition to the bill. Over the years professionals and
scientists have performed intense studies to determine the best
use of the land while considering the land and the wildlife. She
views SB 85 with grave concern and sees it as an invasion of
high-powered machinery.
2:13:31 PM
MR. BERNIE HICKER testified in opposition to SB 85. He is a
twenty plus year resident from Germany. He stated his belief the
area is one of the last great places on earth. All the visitors
come to experience the wilderness and fragile country yet leave
the wildlife impacted and garbage on the highway.
2:16:17 PM
MR. GORDON BROWER testified he worked for the North Slope
Borough land-planning department and is a long-term member of
the North Slope Federal Subsistence Advisory Council. The North
Slope Borough has seen tundra damage issues occurring on lands
and know that permafrost damage is hard to recover from.
Terrorists would have more accessibility to the pipeline because
of SB 85. The impacts would prove negative for subsistence,
wildlife migration, and wildlife numbers. The high-powered rifle
incident at Livengood caused over 390,000 gallons of oil to be
spilled onto the tundra.
2:21:05 PM
MR. BROWER summarized with law enforcement concerns and asserted
the corridor should be highly protected.
2:22:14 PM
MR. CARL ROLAND testified in strong disagreement with SB 85. He
predicted widespread degradation of wildlife and ecosystem and
increased need for maintenance and services on the James Dalton
Highway as well as an increased need for security of the
pipeline.
2:24:04 PM
MS. ISLA MYERS-SMITH testified in opposition. Her personal
experience with area law enforcement is there is limited
jurisdiction, which basically gives people no access to law
enforcement. She is a scientist who has studied disturbance
impacts in the Arctic and suggested damage from increase usage
would be long lasting. She stated there would also be an
increase of incidences of humans starting wildfires.
2:26:40 PM
MR. FRAN MAUER, retired wildlife biologist, expressed concern
with SB 85 including sensitivity of the tundra and permafrost.
There are currently little funds to enforce fish and game
regulations. SB 85 would add to the competition for existing
game and impact local subsistence users. The productivity of the
wildlife is already low. The moose hunt was closed in the mid
1990s due to low populations. This illustrates the vulnerability
of wildlife. He said the decline of wildlife coincides with an
increase of traffic and aircraft.
2:30:07 PM
MR. PHIL WILDFANG agreed with all the previous testimony in
opposition to the bill. SB 85 does not deserve to go beyond the
Senate Transportation Standing Committee. During the past 12
years he has had an opportunity to work with the military people
who utilize the James Dalton Highway for hunting and fishing.
They enjoy the current regulations. The population of the area
prefers the stringent regulations that keep out the crowds. If
the area is opened up hundreds of motorized vehicles will
descend upon the lands. He urged the committee to defeat the
bill.
2:33:30 PM
MR. JASON TINSLEY testified he has lived and hunted in the area
for 28 years. He asserted passage of SB 85 would ensure that
people would ravage the lands while hunting illegally. He
strongly opposes SB 85.
2:35:40 PM
MS. ROSEMARY AHPAUANGANGUAK testified opening the James Dalton
Highway to ATVs and snow machines would negatively alter the
subsistence lifestyle. The cost of living is already high and
people depend on the local resources to live. The area would
suffer a loss of sustainability if SB 85 passes.
2:38:14 PM
CHAIR HUGGINS held SB 85 in committee.
SB 40-KUSKOKWIM PORT AUTHORITY
2:39:08 PM
CHAIR HUGGINS called Mr. Michael Black to testify in regards to
SB 40.
2:39:48 PM
MR. MICHAEL BLACK, director of the division of community
advocacy, Department of Community and Economic Development
(DCED), began testimony.
Senator Therriault rejoined the committee.
MR BLACK said the CDEC has studied SB 40 and finds it to be a
complicated piece of legislation. On behalf of the DCED he
offered the following comment:
Article 10 of the Alaska constitution encourages as a
matter of fundamental public policy the formation of
boroughs. We believe that SB 40 may discourage
formation of governments in the region proposed by the
Port Authority. As a matter of constitutional policy
we would prefer to see the residents of the area
exercise the opportunity to form a borough, which is
the general form of government that can serve a broad
range of needs. A borough can provide for development
and services defined by all members of the area
through a duly elected representative government.
Alaska Industrial Development and Export Authority (AIDEA)
supports infrastructure. Creation of a port authority is a
policy call for the committee but CDEC prefers borough
formation.
2:42:40 PM
SENATOR COWDERY asked Mr. Black his position on the concept of a
port authority.
MR BLACK voiced no objection to development under a regional
government.
SENATOR COWDERY asked whether the DCED was suggesting all the
communities should form a borough.
MR BLACK replied that would be one option or they could form
more than one.
2:45:33 PM
MR BLACK continued if a borough formed that relied upon a tax
base, revenue would be available for economic development. The
port authority would operate through revenue bonds.
SENATOR COWDERY asked whether he was in support of the Donlin
Creek mine.
MR BLACK said yes.
SENATOR GENE THERRIAULT said he is not aware of any steps to
form a borough.
MR BLACK advised there are discussions to that affect in the
area.
2:47:49 PM
SENATOR THERRIAULT stated the Legislature has a duty to sensibly
utilize states resources to the benefit of the people.
MR BLACK said it was the policy of DCED to encourage borough
formation.
SENATOR THERRIAULT asked Mr. Black whether the DCED was
concerned that taxes would be diverted to the port authority and
no longer available for a borough government.
MR BLACK said yes. They are also concerned with competing
organizations if no direct relationship is established.
2:50:34 PM
CHAIR HUGGINS noted formation of a borough is a long process.
Most Alaskans support resource development and the committee is
urged to go forward on the bill.
SENATOR COWDERY asked Mr. Black whether the DCED considers the
mine a major resource.
MR BLACK indicated it would be a significant economic
development opportunity.
2:51:55 PM
SENATOR COWDERY asked how this legislation differed from the Red
Dog Mine.
MR BLACK said the Red Dog owners sought creation of a borough.
The mining operation has been very supportive of a borough
government through tax payments. The difference is there was no
port authority established initially before the borough.
SENATOR COWDERY asked his view on the appointment process of the
port authority.
MR BLACK said that was up to the governor. There is concern that
some communities would have less ability to impact board
appointments.
SENATOR COWDERY said some of the local residents don't speak
English and live in their own world.
2:55:31 PM
CHAIR HUGGINS advised Mr. Black to stay on the line.
SENATOR THERRIAULT noted the governor's administration would
have an opportunity to look over SB 40 and offer advice.
2:57:33 PM
MR. PETER PUTZIER, senior assistant attorney general, Department
of Law (DOL), identified himself and offered to answer
questions.
SENATOR THERRIAULT asked Mr. Putzier whether he had a chance to
look through SB 40.
MR. PUTZIER said he has identified a few issues. There is a
potential violation of Article 2 Section 19. Some of the
communities may feel they are not adequately represented. Mr.
Black has already covered Article 10 in regards to formation of
a local government and the question of the role of the port
authority to that government. The powers of the port authority
are unclear in the bill. Finally, if the board members had any
financial holdings in the area it would raise a conflict of
interest issue. Ethics attorneys have verified that as a
legitimate concern.
3:00:21 PM
SENATOR THERRIAULT asked Mr. Putzier whether the issue of the
local or special act could be dealt with by the Legislature
playing the role of an unorganized assembly.
MR. PUTZIER did not know.
SENATOR COWDERY said the governor had the right to appoint board
members from any place in Alaska.
MR. PUTZIER noted AS 30.21.020(b) says the governor shall
appoint seven persons and shall solicit nominations from a
specific list of entities. On first read that interprets as
being a commandment to the governor to select individuals
nominated from specific entities. A simple language change could
clarify the intent.
3:02:56 PM
SENATOR THERRIAULT asked Senator Cowdery to get the legislative
drafters together with the DOL.
CHAIR HUGGINS stated importance to the state and the region to
continue to work with the administration on the bill.
CHAIR HUGGINS held SB 40 in committee.
SB 85-OFF-ROAD VEHICLE USE ON DALTON HIGHWAY
3:05:39 PM
CHAIR HUGGINS brought SB 85 back to the committee. He spoke to
the people who were in opposition to the bill and asserted there
were a large number of ATVs already in use throughout the area.
SENATOR OLSON noted overwhelming opposition to SB 85. He said SB
85 is against the wishes of the local residents.
3:06:55 PM
CHAIR HUGGINS advised listeners that Senator Olson has been
present and active during the proceedings even though he is not
on the committee.
SENATOR SEEKINS advised he could have provided hundreds of
people to testify for SB 85 but elected not to in the interest
of time. The bottom line is the people of Alaska are not allowed
to use some public lands, as they are intended to. There are
millions of acres of lands that people will never be able to
enjoy. It is incumbent on the Legislature to provide people
access to those lands.
3:08:45 PM
SENATOR COWDERY moved SB 85 from committee with individual
recommendations and attached fiscal note(s).
3:10:45 PM
SENATOR FRENCH objected. He disagreed with concern expressed
over homeland security with regards to the pipeline. He voiced
trust in the Board of Game to manage the wildlife and he
supports helping disabled people access the woods and the
mountains. He said his main concern was that there is no
definition of "off road vehicle" in the bill.
3:12:49 PM
SENATOR FRENCH added issues such as this come up often in
Anchorage and they have found amenable solutions by compromise.
He suggested the committee continue work on SB 85.
3:14:13 PM
Roll called proved SB 85 moved out of committee on a 3-1 vote
with Senator French dissenting.
There being no further business to come before the committee,
Chair Huggins adjourned the meeting at 3:15:14 PM.