00HOUSE JOINT RESOLUTION NO. 66 am                                                                                        
01 Relating to opposing the American Heritage Areas Program.                                                               
02 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
03  WHEREAS the federal government is proposing to authorize an American Heritage                                          
04 Areas Program that would designate areas of the country and make those areas subject to                                 
05 legislation as part of the National Park System; and                                                                    
06  WHEREAS federal proposals labeling private property invite, and are intended to                                        
07 invite, the destruction of private property rights, particularly when used by federal agencies                          
08 in conjunction with other or subsequent legislation; and                                                                
09  WHEREAS provisions should be made under the American Heritage Areas Program                                            
10 in federal legislation to allow private property owners to reject or withdraw their property                            
11 from such labeling without penalty, and to allow private property owners to avoid such                                  
12 labeling entirely; and                                                                                                  
13  WHEREAS the National Park Service has devised the label "eligible but not                                              
14 designated" that creates the false impression that private property owners can avoid the                                

01 consequences of being designated under the program despite the fact that this "eligible" label                          
02 amounts to a de facto designation under the program because the government may treat                                    
03 eligible property the same as designated property under language such as, "This Act applies                             
04 to. . . . . and properties eligible to be so designated"; and                                                           
05  WHEREAS the power to plan or zone private land is a power reserved to the states                                       
06 and the people of the states; and                                                                                       
07  WHEREAS, despite claims to the contrary, the clear intent and effect of the proposal                                   
08 would be to, de facto, involve the federal government in planning and zoning activities; and                            
09  WHEREAS it would be imprudent to tolerate or favor constitutionally questionable                                       
10 land designations and labels for which the consequences cannot be fully specified in advance                            
11 but which appear likely to be injurious to private property rights; and                                                 
12  WHEREAS giving the American Heritage Areas Program a basis in legislation would                                        
13 greatly facilitate and increase the intrusive designation and labeling by government of private                         
14 land; and                                                                                                               
15  WHEREAS the enormity of some of the proposed areas (Rocky Mountain Heritage                                            
16 Corridor, Mississippi River Valley Heritage Corridor, and others) demonstrates an inexcusable                           
17 and unacceptable federal arrogance;                                                                                     
18  BE IT RESOLVED that the Alaska State Legislature opposes the authorization of an                                       
19 American Heritage Areas Program and urges the members of Alaska's Congressional                                         
20 delegation to oppose the authorization and work to abolish the American Heritage Areas                                  
21 Program.                                                                                                                
22  COPIES of this resolution shall be sent to the Honorable Ted Stevens and the                                           
23 Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S.                                             
24 Representative, members of the Alaska delegation in Congress.