www.AKRDC.org 27 BO NU IEL DO IUNNGC AE LAATS AK AT I M E Commitment to Safety & Quality | Anchorage | Kenai | Deadhorse | www.conamco.com | 907-278-6600 OIL & GAS CONSTRUCTION SERVICES | MINING CONSTRUCTION & MAINTENANCE | POWERPLANT CONSTRUCTION | PIPELINE CONSTRUCTION | REMOTE VILLAGE INFRASTRUCTURE | TELECOMMUNICATIONS | DESIGN BUILD & EPC | GENERAL CONTRACTING & MANAGEMENT | PROFESSIONAL PLACEMENT & STAFFING CONAM’s track record of succesful projects has proven that resource development can be done responsibly while protecting Alaska’s fragile environment. Our firm understanding of Alaska’s unique challenges and commitment to HSSE and planning have translated into satisfied mining clients across the state. We get dirty so you get the pay dirt. VOLUME 1 | ISSUE 2 | SUMMER 2024 litigation will ease the access restrictions on mining and hydropower operations, which are also important to the economy of Southeast Alaska. Mines currently operating within the Tongass occupy a small footprint of roughly 320 acres each. The Greens Creek and Kensington mines provide high paying jobs and are the highest paying taxpayers in Juneau. Thus, a key takeaway is that the Roadless Rule is not just about timber. It is about reasonable access to all resources critical for a strong Southeast economy. The potential for many more high-paying mining jobs on the Tongass is enormous. A 1991 United States Geologic Survey (USGS) study estimated a value for Discovered Minerals of $37.1 billion (expressed as 1988 dollars) and a value for Undiscovered Minerals of $28.3 billion (expressed as 1988 dollars). While “reasonable access to mining claims under the 1872 General Mining Law must be authorized by the 2001 Roadless Rule, the Preamble to the 2001 Roadless Rule also points out that “[r]easonable rights of access may include, but are not limited to, road construction, reconstruction, helicopters or other nonmotorized access (FEIS Vol.1, 3-329 to 350).” Nevertheless, the USDA has often found that road access is not “reasonable.” What is “reasonable” is up to the wide discretion of the Forest Supervisor and there are no guidelines for this determination. To counteract this subjectivity, a Citizen Advisory Committee (CAC) appointed by former Governor Bill Walker recommended that road access be the default mode of access for mining in the Tongass unless it can be shown that the road does not meet certain regulatory criteria (see, 36 C.F.R. Part 228). Further, there should be criteria for when and how the Forest Service may require other means of “reasonable access” to mineral claims. Similarly, hydropower projects are major construction projects that require heavy machinery and equipment. A road is needed to move such equipment from tidewater to the hydropower site. The generators at Tyee, for example, weigh 30 tons each. Where IRAs exist between tidewater and a hydropower site, such facilities will be more costly to build and charged to Southeast Alaska ratepayers. The cost to maintain a transmission line constructed without road access is much more significant. The rights-of ways for such lines must be maintained and brushed continually. With road access, this work can be done by a crew in a truck. Without road access, this work must be supported by aerial operations, meaning helicopters. This is extremely expensive, not necessary, and adversely affects Southeast Alaska utility ratepayers. As the coalition’s challenge makes its way through the courts, RDC’s decision to participate was simple: We must continue to fight for reasonable access to our natural resources, including timber and mining resources, to balance responsible development with strong local economies. Our Southeast industries have successfully managed this for decades but the reimposition of the roadless rule now threatens that balance. JIM CLARK IS AN ATTORNEY IN JUNEAU, REPRESENTING RDC AND THE ABOVE-REFERENCED COALITION IN THE ROADLESS RULE CHALLENGE. FOR MORE UPDATES ON THIS CASE, PLEASE VISIT WWW.AKRDC.ORG/ROADLESS-RULE-LITIGATION.
RkJQdWJsaXNoZXIy MTcxMjMwNg==