00HOUSE JOINT RESOLUTION NO. 33(fld H)                                                                                    
01 Requesting the Congress to amend Title VIII of the Alaska National Interest                                             
02 Lands Conservation Act.                                                                                                 
03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04  WHEREAS provisions of Title VIII of the Alaska National Interest Lands                                                 
05 Conservation Act (ANILCA; Public Law 96-487) arbitrarily divide the residents of Alaska into                            
06 groups based on the population and economic characteristics of the communities where they                               
07 live; and                                                                                                               
08  WHEREAS the purpose of this division is to allocate access to the fish and wildlife                                    
09 of Alaska for subsistence uses among residents of Alaska without individual regard to the                               
10 resident's traditional or historic use of or need to engage in subsistence uses of fish and                             
11 wildlife; and                                                                                                           
12  WHEREAS such allocations of the fish and wildlife resources of Alaska are contrary                                     
13 to the principles of common use of and equal access to fish and wildlife that are inherent in                           
14 the Constitution of the State of Alaska; thus the State of Alaska is constitutionally barred from                       

01 complying with the provisions of Title VIII of  ANILCA; and                                                             
02  WHEREAS  the Secretary of the Interior and the Secretary of Agriculture have relied                                    
03 on provisions of Title VIII of ANILCA to preempt state authority over subsistence uses of fish                          
04 and wildlife on the public lands and navigable waters in Alaska; and                                                    
05  WHEREAS the Secretary of the Interior and the Secretary of Agriculture require that                                    
06 the State of Alaska amend its constitution to conform to the provisions of Title VIII of                                
07 ANILCA as a precondition to the relinquishment of authority over subsistence uses of fish and                           
08 wildlife on public lands and navigable waters in Alaska; and                                                            
09  WHEREAS the Alaska State Legislature has steadfastly resisted pressure from federal                                    
10 agencies to amend the Constitution of the State of Alaska to conform to federal legislation that                        
11 does not recognize the principles of common use of and equal access to state-owned or state-managed natural             
12 resources; and                                                                                                          
13  WHEREAS the Alaska State Legislature acknowledges and wholeheartedly supports                                          
14 the efforts of the 104th Congress to eliminate such blatant and onerous federal intrusions into                         
15 the affairs of sovereign states;                                                                                        
16  BE IT RESOLVED that the Alaska State Legislature respectfully and ardently                                             
17 requests the Congress to revise Title VIII of the Alaska National Interest Lands Conservation                           
18 Act to incorporate the principles of common use of and equal access to fish and wildlife                                
19 resources for subsistence uses; and be it                                                                               
20  FURTHER RESOLVED  that the Alaska State Legislature also respectfully requests                                         
21 the Congress to mandate that the Secretary of the Interior and the Secretary of Agriculture                             
22 return authority for management of subsistence uses of fish and wildlife in Alaska to the State                         
23 of Alaska.                                                                                                              
24  COPIES of this resolution shall be sent to the Honorable Al Gore, Jr., Vice-President                                  
25 of the United States and President of the U.S. Senate; the Honorable Newt Gingrich, Speaker                             
26 of the U.S. House of Representatives; the Honorable Bob Dole, Majority Leader of the U.S.                               
27 Senate; and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators,                              
28 and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in                                   
29 Congress.