Mead Treadwell Lieutenant Governor Public Hearing on Ballot Measure 4: An Act Providing for Protection of Bristol Bay Wild Salmon and Waters

Lt. Governor Treadwell presents sectional analysis and cost estimate of the bill Pro side presents: 10 minutes Con side presents: 10 minutes Public testimony: 3 minutes per person Agenda for Public Hearing

Summary of the Proposed Bill Would attempt to provide protection of Bristol Bay wild salmon and waters within or flowing into the designated Bristol Bay Fisheries Reserve by requiring legislative approval for certain large-scale metallic sulfide mines. Would require a law finding that the proposed mining operation will not constitute danger to the fishery within the Bristol Bay Fisheries Reserve and would be in addition to other permits and authorizations already required for such mines to operate in the region.

Sectional Analysis of the Proposed Bill The first section of the initiative would add a new statutory provision, with three subsections, AS , Legislative approval required for certain large scale mines, to Title 38: In addition to permits and authorization otherwise required by law, the legislature must give final authorization for any “large-scale metallic sulfide mining operation located within the watershed of the Bristol Bay Fisheries Reserve.” The commissioner of natural resources would be in charge of adopting regulations under the Administrative Procedure Act to implement the statute. Defines “large-scale metallic sulfide mining operation” as a “specific mining proposal to extract metals, including gold and copper, from sulfide-bearing rock and that would directly disturb 640 or more acres of land”

Sectional Analysis of the Proposed Bill (Continued) The other sections of the initiative would add new provisions to the uncodified law of the state containing ten specified findings by the people. The findings would generally provide for recognition of the Bristol Bay Fisheries Reserve as a region of statewide significance to sport, commercial, and subsistence fisheries, Alaska’s economy, the global fishing economy, and a region of cultural importance to Alaska Natives. The provisions outlined in the initiative do not retroactively take effect on any existing mining operations throughout the state.

Duration of a citizen initiative if a majority of votes favor adoption The lieutenant governor shall certify the election returns. An initiated law becomes effective ninety days after certification. It is not subject to veto, and may not be repealed by the legislature within two years of its effective date. (see Alaska Const. art. XI, sec 6) Although the legislature may amend an initiative at any time after it is enacted, any amendments made during the first two years may not operate to effectively repeal the initiative by amendment, or vitiate the intent. (see Warren v. Boucher, 543 P.2d 731,737 [Alaska 1975]; and Warren v. Thomas, 568 P.2d 400 [Alaska 1977])

Cost to Dept. of Natural Resources: $70,000 Personal services: $52,000 Travel: $14,000 Supplies and materials: $4,000 Cost Estimate of the Bill

Cost to Alaska State Legislature: $50,000 Cost estimate is associated with advising agencies in regards to processing public records requests, legislative review, process and hearing documents, and agency regulations review and revisions. Cost Estimate of the Bill

Agenda for Public Hearing Lt. Governor Treadwell presents sectional analysis and cost estimate of the bill Pro side presents: 10 minutes Con side presents: 10 minutes Public testimony: 3 minutes per person