MEMORANDUM

TO: Ron Long, Assembly President

Members, Kenai Peninsula Borough Assembly

FROM: Milli Martin, Assembly Member

DATE: November 23, 2005

SUBJECT: Resolution 2005-105, Supporting reopening the 1991 civil settlement from the Exxon Valdez oil spill and claiming the full $100,000,000 for mitigation of unanticipated long term harm

In October 1991 a settlement agreement was reached between Exxon, the United States and the State of Alaska for damages to natural resources from the 1989 Exxon Valdez oil spill ("EVOS"). Since that settlement was entered, a variety of unforeseen damages have become evident as described in the resolution. These include delayed recovery of 5 to 6 years of pink salmon, species not recovered after 15 or more years such as harlequin ducks, Pacific herring, harbor seals and others, significant harm to the natural resources used by the native villages in Kachemak Bay, and continuing damage to the shores of the Kenai Peninsula through out the Kenai Fjords area. The parties to the settlement agreement have not sought to reopen that agreement. This resolution requests that the State of Alaska and the U.S. Department of Justice reopen that settlement agreement and seek the remaining $100,000,000 for mitigation of unanticipated long term harm. It echoes a resolution passed by the Alaska Municipal League in November 2005. KPB Assembly approval would emphasize the importance of this to the Kenai Peninsula Borough because of the severe long-term impact the EVOS continues to have on the KPB coastlines and communities. Your consideration of this resolution is appreciated.