Stand For Alaska. Doyon, Limited FEDC Energy for All Alaska December 5, 2017
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1 Stand For Alaska Doyon, Limited FEDC Energy for All Alaska December 5, 2017
2 Agenda Timeline Overview Introduce Stand for Alaska Introduce HB 199 Introduce 17FSH2 Discuss Next Steps Discuss Impact of Policy Change Why Doyon opposes the bill and the initiative Question? 2
3 Doyon opposes bill early on March-April Representative Stutes Introduces HB 199 Doyon signs on to Coalition letter opposing HB 199 May-July 17FHB is submitted and withdrawn; 17FSH2 is submitted Doyon signs on to ANCSA letter expressing concerns with initiative language September - October Lieutenant Governor declines 17FSH2 certification Superior Court rules in favor of appeal Doyon urges appeal to Supreme Court 3
4 Stand for Alaska Formed on October 18, 2017 Co-Chairs: Aaron Schutt, Doyon, Limited Marleanna Hall, Resource Development Council for Alaska, Inc. Joey Merrick, Alaska Laborers Local 341 As the state s largest private land owner, this initiative, if passed, will prevent Doyon from developing the vast resources that we received under ANCSA, and will destroy our ability to create a sustainable socioeconomic future for Alaska Native people. - Aaron Schutt, President, Doyon, Limited
5 HB 199 HB 199, An Act establishing general fish and wildlife permits and major and minor anadromous fish habitat permits for certain activities; establishing related penalties; and relating to the protection of fish and game and fish and game habitat." While the bill does have an objective to safeguard Alaska s salmon fisheries, it appears to shut down economic and community development in order to accomplish its goal.
6 17FSH2 - "An Act providing for protection of wild salmon and fish and wildlife habitat. The bill proposed by this initiative would amend, repeal, and reenact various provisions of AS to protect water quality in anadromous fish habitat from the adverse effects of development and human activity. 14 Sections long Can be found online at the Alaska Division of Elections:
7 Next Steps 17FSH2 HB 199 Ballot Initiative Supreme Court Gather approximately 32,000 signatures by January % of qualified voters from 30 House Districts Ballot/Vote on August 2018 or November 2018 Decision on Constitutionality Committee hearings scheduled in the next legislative session Start in House Fisheries Committee Chaired by Rep. Louise Stutes Bill Sponsor January through April 2018
8 Policy Impacts Why Doyon opposes the bill and the initiative. 9
9 17FSH2 Argument of Unconstitutionality According to the State Attorney General: limits the legislature's ability to decide how to allocate anadromous streams among competing uses. requires the Commissioner to reject permits for resource development or public projects in favor of fish habitat. prohibit certain mines, dams, roadways, gaslines, and/or pipelines. leaving insufficient discretion to the legislature to determine how to allocate those state assets.
10 Balance The objective to safeguard Alaska s salmon fisheries is worthy. It is an objective we share and it is why we support Alaska s existing rigorous and science-based regulatory system. Shutting down economic and community development is a disproportionate response to a problem that doesn t exist. - April 10, 2017, Coalition letter to the Legislature 11
11 A major reform of Title 16 practices What s missing: The why: a comprehensive analysis of how the current statutes and their implementation are failing Examples: no sign of significant adverse effects to important anadromous fish habitat The Board of Fish called for increased public involvement and processes But this bill goes much further:
12 Some of the changes: Minor fish habitat permits and general permits will call for multiple layers of process, determinations, assessments and public notices. For major permits, an National Marine Fisheries Service like Essential Fish Habitat assessment will be required. Currently, in freshwaters of Alaska NMFS deals only with the 5 Pacific salmon species. For HB199 requirements, ADF&G will have to deal with 19 anadromous species plus undistinguished whitefish species. Does not allow use of general permits. Interpretation of significant effect left open, anything can be found to have significant effect. Prescriptive permit conditions and mitigations. Limits ability of ADFG to make science based decisions to reverse or deny permits.
13 Not a regional issue Statewide impacts Could not be permitted Would not have been permitted AGDC Gas Pipeline Donlin Mine Transportation Projects Prudhoe Bay Red Dog Mine TransAlaska Pipeline System Seward and Denali Highway 14
14 All economic projects are impacted: Large and Small Community development Economic development airports roads wastewater treatment plants natural community growth more fish processing timber harvests mineral extraction oil and gas develop ment 15
15 Transportation Projects Alaska STIP Shageluk Airport Access Road Improvements Elliott Highway Rehabilitation Steese Highway Rehabilitation Parks Highway Rehabilitation Dalton Highway Reconstruction Hess Creek, Livengood Nulato Airport Access Road Improvements Little Goldstream Creek Tok Bridge Replacement Taylor Highway Rehabilitation 16
16 Alaska Native Impacts By stopping development on ANCSA lands, the Initiative would have widespread effects on rural Alaska and, in particular, Alaska Native people. In addition to revenues that sustain our Corporations, ANCSA Corporation development projects have produced tens of thousands of jobs in Alaska, provided invaluable skills and training for our shareholders and other Alaskans, and paid income and property taxes to the State and borough governments. - Kim Reitmeier, Executive Director of the ANCSA Regional Association 17
17 Unanimous opposition by ANCSA Regional Corporations If this initiative becomes law, revenues from Red Dog mine, Alpine oilfield, the proposed Donlin mine, timber harvests, and other responsible resource development on ANCSA lands would be directly impacted. Any reform of Title 16 must continue to balance economic development with strong environmental protections. Places unattainable protection standards on community and village development, both large and small Alaska Native interests would be significantly impacted. 18
18 Stand for Alaska Questions? Sarah Obed Doyon, Limited VP External Affairs
Yute Air Alaska, Inc. v. McAlpine, 698 P.2d 1173, 1181 (Alaska 1985). 3
July 14, 2017 Elizabeth M. Bakalar, Assistant Attorney General Department of Law, Civil Division P.O. Box 110300 Juneau, AK 99811 Re: Refiling and Certification of the revised 17FSHB An Act providing for
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