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SCR 6: Strongly urging the Governor to continue the lawsuit known as State of Alaska v. Babbitt, C.A. No. 94-35480, and to pursue the State of Alaska's position that the United States Secretary of the Interior and Secretary of Agriculture do not have the authority to assume management of fish and wildlife on public land in the State of Alaska.

00 SENATE CONCURRENT RESOLUTION NO. 6                                                                                      
01 Strongly urging the Governor to continue the lawsuit known as State of Alaska                                           
02 v. Babbitt, C.A. No. 94-35480, and to pursue the State of Alaska's position that                                        
03 the United States Secretary of the Interior and Secretary of Agriculture do not                                         
04 have the authority to assume management of fish and wildlife on public land in                                          
05 the State of Alaska.                                                                                                    
06 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
07  WHEREAS Tony Knowles, Governor of the State of Alaska, seeks to withdraw, with                                         
08 prejudice, from the consideration of the United States Court of Appeals for the Ninth Circuit                           
09 in State of Alaska v. Babbitt, C.A. No. 94-35480, the issue of whether the United States                                
10 Secretary of the Interior and Secretary of Agriculture have the authority to assume                                     
11 management of fish and wildlife for subsistence purposes, or any other purposes, on public                              
12 land in the State of Alaska; and                                                                                        
13  WHEREAS the United States Secretary of the Interior and Secretary of Agriculture                                       
14 do not have, under the Alaska Statehood Act, the authority to assume management of fish and                             
01 wildlife on public land in the State of Alaska, nor has the United States Congress or the                               
02 Alaska State Legislature specifically authorized any modification to existing management                                
03 authority over  fish and wildlife; and                                                                                  
04  WHEREAS the State of Alaska was admitted into the Union on January 3, 1959,                                            
05 under the Alaska Statehood Act, that incorporated the Alaska Statehood Compact, approved                                
06 by the citizens of the Territory of Alaska; and                                                                         
07  WHEREAS the Alaska Statehood Compact sets out the rights and obligations of the                                        
08 State of Alaska and is a contract between two sovereigns that, by its terms, may not be                                 
09 unilaterally altered by either party; and                                                                               
10  WHEREAS, under the Alaska Statehood Compact, the State of Alaska, not the federal                                      
11 government, has the authority to administer and manage the fish and wildlife resources of                               
12 Alaska; and                                                                                                             
13  WHEREAS because the Alaska Statehood Compact is a contract between the citizens                                        
14 of the State of Alaska and the United States, only the Alaska State Legislature, as the people's                        
15 representative, has the legal authority to agree to alter the terms of the Alaska Statehood                             
16 Compact; and                                                                                                            
17  WHEREAS the Alaska State Legislature believes Governor Knowles' withdrawal of                                          
18 this issue from consideration will adversely affect the sovereignty of the State of Alaska and                          
19 the delicate balance of federal and state power agreed upon in the Alaska Statehood Compact;                            
20 and                                                                                                                     
21  WHEREAS the United States District Court judge specifically recognized both the                                        
22 merits of the claims of the State of Alaska on the management issue and the need to have his                            
23 decision reviewed by the United States Court of Appeals for the Ninth Circuit; and                                      
24  WHEREAS the Alaska State Legislature believes Governor Knowles' withdrawal of                                          
25 this issue from consideration will result in the federal usurpation of the State of Alaska's                            
26 ability to govern the management of fish and wildlife on public land in its territory in                                
27 violation of the Alaska Statehood Compact; and                                                                          
28  WHEREAS the Alaska State Legislature believes Governor Knowles' refusal to                                             
29 advocate this issue constitutes a failure to defend the Constitution of the State of Alaska that                        
30 protects the rights and benefits of all of the citizens of the State of Alaska equally;                                 
31  BE IT RESOLVED that the Alaska State Legislature exhorts Governor Knowles to                                           
01 continue to advocate this issue before the United States Court of Appeals for the Ninth                                 
02 Circuit; and be it                                                                                                      
03  FURTHER RESOLVED that, if Governor Knowles declines to continue defending                                              
04 the right of the State of Alaska to govern the management of fish and wildlife on public land                           
05 in its territory as well as the protections afforded by the Constitution of the State of Alaska,                        
06 the Alaska State Legislature will intervene as a representative of the citizens of the State of                         
07 Alaska to continue the lawsuit and advocate the position that the Secretary of the Interior and                         
08 the Secretary of Agriculture do not have the authority to assume management of fish and                                 
09 wildlife on public land in the State of Alaska.