**TESTIMONY OF HENRI BISSON, ACTING SENIOR ADVISOR TO THE SECRETARY FOR
ALASKA AFFAIRS, DEPARTMENT OF THE INTERIOR, BEFORE THE U.S. SENATE
COMMITTEE ON ENERGY AND NATURAL RESOURCES SUBCOMMITTEE ON PUBLIC LANDS
AND FORESTS, REGARDING S. 1680, THE "IZEMBEK AND ALASKA PENINSULA REFUGE
AND WILDERNESS ENHANCEMENT ACT OF 2007"**

**April 15, 2008**

Mr. Chairman and Members of the Committee, I am Henri Bisson, Acting
Senior Advisor to the Secretary for Alaska Affairs, and I appreciate the
opportunity to testify today on S. 1680, the "Izembek And Alaska
Peninsula Refuge and Wilderness Enhancement Act of 2007." This Act would
convey land from the Izembek National Wildlife Refuge to the State of
Alaska for the purpose of constructing a road, and would convey other
non-Federal lands to the Izembek and Alaska Maritime National Wildlife
Refuges and designate a portion of those additions as Wilderness.

When evaluating proposals such as the one outlined in S. 1680, we must
ensure that any change in the public estate improves the ecological and
social values available to the public. In that spirit, the
Administration could support S. 1680 if it is amended to ensure that a
full National Environmental Policy Act (NEPA) analysis of the proposed
exchange is required, including an analysis of the impacts of the road
through Izembek National Wildlife Refuge. The NEPA analysis would
provide a full disclosure of the impacts and benefits of the exchange
and allow for public input into the decision-making process. The Service
is currently reviewing the proposal to assess the potential benefits,
values, and costs to wildlife and wilderness areas. These efforts will
help inform the NEPA process. Additionally, we have identified some
technical issues in the legislation that we believe must be addressed.

**Background**

The communities of King Cove and Cold Bay are located in the westernmost
region of the Alaska Peninsula. These communities are accessible only by
sea or air. King Cove and Cold Bay are separated by less than twenty
miles, but there is no road between the two communities. For many years
the residents of the Aleutians East Borough and King Cove have advocated
building a road between King Cove and Cold Bay, across the Izembek
Refuge and Wilderness for both transportation accessibility and safety.
Until last year transportation options between the communities were
limited to private boats and commuter air service. Residents believe
that the area's stormy weather makes these modes of transport unsafe,
especially during medical emergencies when rapid transport to Anchorage
hospitals requires reaching Cold Bay's all-weather airport.

In 1997, legislation was introduced in, but did not pass, the House and
Senate that would have resulted in construction of a road through the
Izembek Refuge and Wilderness to address critical health and safety
needs of the King Cove community. To address these needs, Congress
appropriated \$37.5 million for a compromise in the Fiscal Year 1999
Consolidated Appropriations Bill that addressed the critical health and
safety needs while avoiding building a road through the Izembek Refuge
and Wilderness. Specifically, \$20 million was provided to construct a
road-hovercraft link between King Cove and Cold Bay, \$15 million was
for improvements to the King Cove airstrip, and \$2.5 million was for a
major renovation of the King Cove health clinic. The State of Alaska
determined that King Cove's location in a valley prevented improvements
to the airport to accommodate jets. Roughly \$9 million of the funds
were then spent on a hovercraft and additional funds were directed to
the road.

In 2006, the Aleutians East Borough constructed a one-lane gravel road
from the King Cove airstrip to a temporary hovercraft dock four miles
away where a hovercraft now carries up to 49 passengers, an ambulance,
and cargo to and from Cold Bay. An additional 14 miles of road beyond
the temporary hovercraft dock have been completed or are under
construction. The road does not extend into the Izembek Refuge or
Wilderness, a requirement of the 1999 legislation providing the funding
for the road. This marine-road system was the preferred alternative
evaluated in a 2003 Final Environmental Impact Statement completed by
the Army Corps of Engineers. That FEIS, which contained a partial
analysis of a road only alternative, concluded that impact intensities
for the road only alternative varied from negligible to significant.

After six months of training and practice runs, on August 7, 2007, the
hovercraft known as the Suna-X began its commercial service runs between
King Cove and Cold Bay. King Cove residents, however, continue to seek a
road linking their community with Cold Bay due to concerns about the
reliability of the hovercraft in severe weather and uncertainty about
future funding for the operational costs associated with the hovercraft.

The Administration recognizes the legitimate needs of Alaska residents
to have access to medical, dental, and other health care. At the same
time, we must also fulfill our obligation to the American public to
ensure that any decisions we make regarding lands held, and resources
managed, in the public trust are decided in the best interests of the
American public. Dale Hall, Director of the United States Fish and
Wildlife Service visited Izembek Refuge and its significant wildlife
values, and flew over the areas being proposed for conveyance; he met
with the residents of King Cove and Cold Bay and discussed this issue
with them.

**Izembek National Wildlife Refuge**

At approximately 315,000 acres, Izembek National Wildlife Refuge is the
smallest and one of the most ecologically unique of Alaska\'s refuges.
Most of the Refuge, about 300,000 acres, was designated as Wilderness in
1980 under the Alaska National Interest Lands Conservation Act. Izembek
is internationally renowned for having some of the most striking
wildlife diversity and wilderness values in the northern hemisphere.

At the heart of the Refuge is the 150-square mile Izembek Lagoon. The
lagoon and its associated state-owned tidal lands have been protected by
the State of Alaska since 1960 as the Izembek State Game Refuge. Here,
shallow, brackish water covers one of the world\'s largest beds of
eelgrass, creating a rich feeding and resting area for hundreds of
thousands of waterfowl. Virtually the entire world's population of
Pacific black brant, Taverner\'s Canada goose, and emperor goose inhabit
the lagoon each fall. Steller\'s eiders, a species listed as threatened
under the Endangered Species Act, molt and winter in Izembek and
Kinzarof Lagoons.

In addition, the corridor between Izembek and Kinzarof Lagoons, through
which the road proposed by this legislation would extend, is heavily
used as a migration route and winter habitat for the Southern Alaska
Peninsula caribou herd. Steller\'s eiders and sea otters, listed as
threatened species, Pacific black brant, emperor geese and harlequin
ducks use Izembek and Kinzarof Lagoons extensively.

To date, the Department of the Interior and the Service have opposed
proposals to build a road through the Izembek Refuge and Wilderness
because of the impact on wilderness values and biological resources
within the refuge. Over the last year and a half the Service has met
numerous times with representatives of the State of Alaska, the
Aleutians East Borough, and the King Cove Corporation to discuss various
interests in lands that now comprise the acreage described in S. 1680.
The bill offers more than 61,000 acres in exchange for 1,600 acres of
National Wildlife Refuge lands. Of that, more than 41,000 acres would be
exchanged to make up for 206 acres of wilderness lands. These proposals
would offer approximately 38 acres for every acre of wetlands and
wildlife habitat, and over 200 acres for every acre of wilderness
exchanged.

**Technical Considerations**

We have reviewed S. 1680 and identified a number of technical provisions
we believe warrant further attention from the Committee as it considers
this bill. For example, we encourage the Committee to review and amend
the bill to remedy legal deficiencies or conflicts with established
federal land laws such as sections 22(g) and 22(i) of the Alaska Native
Claims Settlement Act and the wilderness withdrawal provisions of the
Alaska National Interest Lands Conservation Act. Additionally, we note
the need for a number of technical corrections concerning
characterizations of ownership and management status of lands in the
vicinity of the proposed road corridor, as well as various acreage
figures provided in the bill. We would also be glad to provide you with
more information on the lengthy and inclusive public involvement process
leading to the 1980 designation of Wilderness within the Izembek
National Wildlife Refuge.

Moreover, we have significant concerns about Section 4 of the bill,
which would provide for immediate reconveyance of the 61,723 acres of
non-federal lands back to non-federal ownership if a court injunction
prohibits construction of the road or the State or King Cove Corporation
determine that the road cannot be feasibly constructed or maintained. As
written, this provision shifts the risks of the road project largely to
the public trust. In the event of this reconveyance there is no
provision for a similar reconveyance of the road corridor back to
federal ownership, nor is there provision for mitigation or
rehabilitation of lands damaged by incomplete construction activities.
Additionally, we are concerned about the timeline for which the
Secretary must complete a cooperative planning process; we need to
better understand the compatibility and construction authorization
provisions of the legislation; and treatment of new and existing King
Cove Corporation roads provisions. We hope our continuing review will
assist in this understanding.

We are happy to meet with your staff to discuss these issues in further
detail.

**Conclusion**

In conclusion, I look forward to working with you as you move forward on
this important issue. The Administration could support passage of this
legislation if it were amended to ensure a full NEPA analysis on the
exchange. We have also identified a number of technical changes and
issues with the bill that we would like to work with you on, as well. I
appreciate the opportunity to be here today and am happy to answer any
questions you may have.