CSHJR 102(RES): Proposing amendments to the Constitution of the State of Alaska relating to a preference for subsistence uses of fish and wildlife; and providing for an effective date and repeal of the subsistence amendments.
00CS FOR HOUSE JOINT RESOLUTION NO. 102(RES) 01 Proposing amendments to the Constitution of the State of Alaska relating to a 02 preference for subsistence uses of fish and wildlife; and providing for an effective 03 date and repeal of the subsistence amendments. 04 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. Article VIII, sec. 4, Constitution of the State of Alaska, is amended to read: 06 Section 4. Sustained Yield. (a) Fish, forests, wildlife, grasslands, and all 07 other replenishable resources belonging to the State shall be utilized, developed, and 08 maintained on the sustained yield principle, subject to preferences among beneficial 09 uses. 10 * Sec. 2. Article VIII, sec, 4, Constitution of the State of Alaska, is amended by adding 11 new subsections to read: 12 (b) Except in areas designated by the legislature as nonsubsistence areas, the 13 legislature shall establish, consistent with the sustained yield principle, a preference for 14 subsistence uses of fish and wildlife that takes effect when a fish or wildlife resource
01 is not sufficient to accommodate all beneficial uses of the resource. The State may, 02 in times of shortage of a particular fish or wildlife resource, grant a preference for 03 subsistence uses of that fish or wildlife resource. The preference shall be available to 04 any individual resident who resides within an area outside nonsubsistence areas as 05 designated by the legislature and within an area in which the residents are determined 06 to be customarily and traditionally dependent on the particular fish or wildlife resource, 07 or who has demonstrated customary and traditional dependence on that particular fish 08 or wildlife resource. Residents who do not reside within the area that is determined 09 to be customarily and traditionally dependent on the particular fish or wildlife resource 10 are rebuttably presumed not to qualify for the preference. The presumption shall be 11 fully rebuttable so that a resident may qualify for the preference if customary and 12 traditional dependence on the particular fish or wildlife resource is demonstrated. 13 (c) Except as provided in (b) of this section, the State may not grant a 14 preference for subsistence uses of a fish or wildlife resource based exclusively or 15 partly on a resident's place of residence. 16 (d) A preference established under (b) of this section shall not diminish the 17 utilization of forests, grasslands, or other replenishable resources or mineral, water, or 18 other natural resources of the State. 19 * Sec. 3. Article XV, Constitution of the State of Alaska, is amended by adding a new 20 section to read: 21 Section 29. Effective Date and Repeal of Subsistence Amendment. (a) The 22 governor shall certify the date that federal law governing subsistence uses of fish and 23 wildlife on federal public lands in the State substantially complies with the following: 24 (1) defines the term "public lands" to expressly exclude State and 25 private lands and waters, including navigable waters; 26 (2) waives federal jurisdiction over State and private lands and waters 27 in the State; 28 (3) repeals the jurisdiction of the federal courts under Title VIII, Alaska 29 National Interest Lands Conservation Act (P.L. 96-487), as amended, to hear cases 30 arising from State management of fish and wildlife on State and private lands and 31 waters, including navigable waters, in the State; and
01 (4) is consistent with Subsections 4(b), 4(c), and 4(d) of Article VIII. 02 (b) Subsections 4(b), 4(c), and 4(d) of Article VIII, regarding a preference for 03 subsistence uses of fish and wildlife, take effect on the day the legislature adopts a 04 resolution concurring with the governor's certification under (a) of this section. 05 (c) Subsections 4(b), 4(c), and 4(d) of Article VIII, regarding a preference for 06 subsistence uses of fish and wildlife, are repealed if a federal court in Alaska 07 Legislative Council v. Babbitt, Civil No. 1:98CV0069(JR), United States District Court 08 for the District of Columbia, issues a final decision that the Congress of the United 09 States exceeded the scope of its constitutional authority by enacting as part of Title 10 VIII, Alaska National Interest Lands Conservation Act (P.L. 96-487), either 11 (1) a rural resident preference for subsistence uses of fish and wildlife; 12 or 13 (2) a preemption of State authority over the management of fish and 14 wildlife on federal public lands in the State. 15 (d) For the purposes of (c) of this section, Subsections 4(b), 4(c), and 4(d) of 16 Article VIII are repealed on the day after the date of the final decision. The date of 17 the final decision is 18 (1) the date the time for appellate review of the decision expires 19 without request for appellate review; or 20 (2) for a final decision by the Supreme Court of the United States, the 21 date of the decision itself. 22 * Sec. 4. The amendments proposed by this resolution shall be placed before the voters of 23 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 24 State of Alaska, and the election laws of the state.