3.0 Affected Environment - Knik Arm Bridge and Toll Authority

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Knik Arm Crossing DraftFinal EIS Affected Environment encouraged to participate in on-base programs, particularly those involving family members, and to take advantage of on-base services, such as the commissary and Base exchange, although they may be redundant with programs and facilities off-base (Van Laar 1999). 3.2.1.3 Environmental justice EO 12898 11 states: Each federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations. The FHWA order “FHWA Actions to Address Environmental Justice in Minority Populations and Low-Income Populations” 12 contains the following definitions: • Low-Income: A household income at or below the poverty guidelines of the U.S. Department of Health and Human Services • Minorities: o Black (having origins in any of the black racial groups of Africa) o Hispanic (of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race) o Asian-American (having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands) o American Indian or Alaskan Native (having origins in any of the original people of North America and who maintain cultural identification through tribal affiliation or community recognition) EO 12898 also defines a “disproportionately high and adverse effect on minority and lowincome populations” as: An adverse effect that is predominantly borne by a minority population and/or a lowincome population; or will be suffered by the minority population and/or low-income population, and is appreciably more severe or greater in magnitude than the adverse effect that will be suffered by the non-minority population and/or non-low-income population. Note that “Hispanic” is not a race, but an ethnicity and is self-reported on Census forms. Hispanics, as defined above, are included as minorities for environmental justice purposes. Any disproportionately high and adverse effects on minority and low-income populations— environmental justice impacts—are identified in Section 4.2.1. 11 Federal Register, February 11, 1994 [59(32):7629]. 12 FHWA, Order on FHWA Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, December 2, 1980. Page 3-34 12/18/07
Knik Arm Crossing DraftFinal EIS Affected Environment 3.2.1.3.1 Point MacKenzie No minority or low-income populations were identified in the Point MacKenzie portion of the Study Area. 3.2.1.3.2 Knik Tribal Council and Native Village of Eklutna Environmental justice is not solely about disparate health or economic effects—it also applies when the cultural and historic resources of minority and low-income populations may be affected by a project (FHWA 2005c). Braund (KABATA 2004a) notes that prior to the arrival of the first Europeans in the Anchorage area in the late 1700s, the indigenous Dena’ina Athabascans (Dena’ina) resided in fish camps and winter villages that dotted both shores of Knik Arm. The development of Anchorage since its inception in 1915 resulted in the displacement of Dena’ina from traditional camps and harvest locations. Throughout the history of development, non-Natives expended little effort to consult with tribal members about impacts to Dena'ina traditional uses of the area. Although, the Knik Tribal Council and Native Village of Eklutna Tribes do not qualify under federal or state regulations as subsistence users because the greater Anchorage-Matanuska Valley region developed around their traditional lands, and current federal and state regulations do not recognize “subsistence” in Knik Arm (KABATA 2004a). 13 The two Tribes, continue to participate in subsistence practices through the means of the State Educational Fish Permit program, “educational fisheries” permits with the Alaska Department of Fish and Game to gain access to saltwater salmon. 14 According to the ADF&G “Policy & Requirements for Fish Resource Permits” (2004), a permit shall expire no later than December 31 of the year in which it is issued. A fish resource permit authorizes only the activities specified in the permit. See Section 3.2.5 for further details about the Knik Tribal Council and Native Village of Eklutna Tribes. 13 Under federal regulation, an area has to be “rural” to qualify for subsistence. Knik Arm is not “rural” under federal regulations. Similarly, state regulations do not allow subsistence fishing or hunting in “nonsubsistence areas.” State “nonsubsistence areas” include the Cook Inlet basin, with exception of communities such as Tyonek, Nanwalek, and Port Graham. There is no official category in Alaska for tribes that became “engulfed” by urban development and growth (KABATA 2004a). 14 The educational fishery may take place in the following locations: 1) in waters of Knik Arm immediately adjacent to the village site; 2) in waters of the Northern District between Point MacKenzie and the Little Susitna River and adjacent to Fire Island (no fishing on Mondays or Thursdays during commercial openings); and, 3) in waters within the Fish Creek Terminal Harvest Area, described in 5 AAC 21.364 as those waters within 1 mile of mean high water on the western shore of Knik Arm from a regulatory marker on the north shore of Goose Bay to Fish Creek. The educational fishery shall not take place in the tidal channel of Fish Creek at any stage of the tide or in Fish Creek (ADF&G 2004). 12/18/07 Page 3-35
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3.0 Affected Environment - Knik Arm Bridge and Toll Authority

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