Session: State Capitol, Room 121 Juneau, AK 99801-1182 Phone: (907) 465-4797 Fax: (907) 465-3884 Interim: post office: 119 N. Cushman, Suite 101 Fairbanks, AK 99701-2879 location: 3340 Badger Road. North Pole, AK 99705 Phone: (907) 488-0857 Fax: (907) 488-4271

Sponsor Statement for SB 371
Permit Exemption For Munitions Use

An Act exempting the use of munitions in certain areas from a waste disposal permit requirement of the Department of Environmental Conservation.

Since the purchase of Alaska by the United States in the middle of the 19th century from the Czar of Russia, the U. S. Military has gone to great effort-and expense-to maintain a strong presence in Alaska. Today, Alaska is home to some of the largest reserves of military land in the United States. The opportunity for advanced training across all branches of the armed forces offered by these reserves has made Alaska home to premiere training exercises, such as Northern Edge, Cope Thunder, and in the near future, national missile defense testing facilities. Senate Bill 371 seeks to ensure that presence continues well into the 21st century.

On April 12, 2002, a variety of individuals and groups sued the U.S. Army, the Department of Defense, and Secretary Rumsfeld in federal court. In their suit, plaintiffs have asked the court to order the Army to stop discharging munitions at the Eagle River Flats (ERF) artillery training range at Ft. Richardson. The ERF range is the only location south of the Alaska Range where soldiers can conduct live fire heavy artillery training. The Army's ability to continue live fire artillery training at ERF is critical to Ft. Richardson's national defense mission. Without the ERF range, Ft. Richardson's future could be at risk.

One of the counts brought by the plaintiffs alleges the Army violated state law by faliing to obtain a waste disposal permit under AS 46.03.100 for the firing and other use of munitions on the ERF range. The State of Alaska has never interpreted AS 46.03.100 to require a waste disposal permit for munitions firing on active military ranges. SB 371 makes Alaska's statutes clear in this regard. Senate Bill 371 would not affect the State's authority to review and certify National Pollution Discharge Elimination System permits under the Clean Water Act. Nor would SB 371 affect the State's authority to address range clean-up and unexploded ordinance issues that might exist after closure of the active military range.

The future of Alaska's military bases is dependent upon their utilization as training grounds that offer opportunities not presented elsewhere in the United States. SB 371 ensures that the State's own statutes aren't used to threaten the future viability of our bases.

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