00HOUSE JOINT RESOLUTION NO. 66                                                                                         
01 Proposing amendments to the Constitution of the State of Alaska relating to                                             
02 subsistence uses of fish and wildlife by residents; and providing for an effective                                      
03 date and repeal of the subsistence amendment.                                                                           
04 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                              
05    * Section 1.  Article VIII, Constitution of the State of Alaska, is amended by adding a new                        
06 section to read:                                                                                                        
07  Section 19.  Subsistence.  The legislature may, consistent with the sustained                                       
08 yield principle and during times of shortage, provide a preference to and among                                         
09 residents in the taking of fish and wildlife for subsistence uses based on proximity to                                 
10 the resource and dependence on fish and wildlife.                                                                       
11    * Sec. 2.  Article XV, Constitution of the State of Alaska, is amended by adding a new                             
12 section to read:                                                                                                        
13  Section 29.  Effective Date and Repeal of Amendment.  (a)  Section 19 of                                            
14 Article VIII, regarding subsistence uses of fish and wildlife by residents, takes effect                                

01 on the day following the date that the governor certifies that federal law governing                                    
02 subsistence uses of fish and wildlife on federal public lands in the State                                              
03   (1)  affirms the sovereignty of the State over State land and water and                                              
04 for the management of fish and wildlife in the State;                                                                   
05   (2)  defines the term "public lands" to expressly exclude State and                                                  
06 private land and water, including navigable waters;                                                                     
07   (3)  prohibits federal preemption of State management of fish and                                                    
08 wildlife on State and private land and navigable waters in the State;                                                   
09   (4)  expressly waives or renounces all claims to authority for                                                       
10 management of fish and wildlife on State and private land and water that may arise                                      
11 under the navigational servitude doctrine or the doctrine of reserved water rights;                                     
12   (5)  defines the terms "rural," "customary and traditional," and                                                     
13 "customary trade" to be consistent with the laws of the State;                                                          
14   (6)  either repeals the federal regional advisory councils established                                               
15 under Title VIII of the Alaska National Interest Lands Conservation Act (P.L. 96-487)                                   
16 or amends the powers and functions of the councils so that the councils serve only as                                   
17 advisors to managers of fish and wildlife;                                                                              
18   (7)  repeals sec. 801(b)(4) of the Alaska National Interest Lands                                                    
19 Conservation Act (P.L. 96-487), as added by sec. 316(b)(3)(B) of P.L. 105-83, relating                                  
20 to management by the Secretary of the Interior of fish and wildlife for subsistence uses                                
21 on all federal public lands in Alaska;                                                                                  
22   (8)  repeals sec. 801(b)(5) of the Alaska National Interest Lands                                                    
23 Conservation Act (P.L. 96-487), as added by sec. 316(b)(3)(B) of P.L. 105-83, relating                                  
24 to the application of the federal subsistence priority on federal public lands to                                       
25 navigable waters in which the United States has reserved water rights;                                                  
26   (9)  repeals sec. 814 of the Alaska National Interest Lands Conservation                                             
27 Act (P.L. 96-487), as amended, relating to the adoption of federal regulations as                                       
28 necessary and appropriate to implement Title VIII of the Alaska National Interest                                       
29 Lands Conservation Act;                                                                                                 
30   (10)  amends Title VIII of the Alaska National Interest Lands                                                        
31 Conservation Act (P.L. 96-487), as amended, as necessary to limit subsistence uses and                                  

01 the preference for subsistence uses to fish and wildlife;                                                               
02   (11)  amends Title VIII of the Alaska National Interest Lands                                                        
03 Conservation Act (P.L. 96-487), as amended, to eliminate references to co-management                                    
04 agreements; and                                                                                                         
05   (12)  affirms that the laws of the State are consistent with provisions of                                           
06 federal law, as amended in accordance with (1) - (11) of this subsection, governing the                                 
07 subsistence uses of fish and wildlife on federal public land in the State.                                              
08  (b)  Section 19 of Article VIII is repealed if                                                                        
09   (1)  within one year from the date that voter approval of the ballot                                                 
10 proposition for the amendments proposed by this resolution was certified by the                                         
11 lieutenant governor, the governor does not make the certification described in (a) of                                   
12 this section;                                                                                                           
13   (2)  the State is determined by a federal agency or federal court to be                                              
14 substantially out of compliance with federal law governing the subsistence uses of fish                                 
15 and wildlife on federal public lands in the State; or                                                                   
16   (3)  a federal court issues a final judgment that any provision of Title                                             
17 VIII of the Alaska National Interest Lands Conservation Act (P.L. 96-487), as                                           
18 amended, or the manner in which Title VIII of the Alaska National Interest Lands                                        
19 Conservation Act has been interpreted, enforced, or attempted to be enforced, violates                                  
20 the Constitution of the United States or any other federal law.                                                         
21    * Sec. 3.  The amendments proposed by this resolution shall be placed before the voters of                         
22 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the                        
23 State of Alaska, and the election laws of the state.