00HOUSE JOINT RESOLUTION NO. 201(fld H)                                                                                 
01 Proposing an amendment to the Constitution of the State of Alaska relating to                                           
02 establishing a priority for subsistence uses of fish and wildlife; and relating to                                      
03 the effective 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 Priority.  The legislature shall, consistent with the                                      
08 sustained yield principle, provide a priority for subsistence uses of a fish or wildlife                                
09 resource by residents of a community or area that is substantially dependent on fish                                    
10 and wildlife for nutritional and other subsistence uses.  The priority may be based on                                  
11 place of residence.                                                                                                     
12    * Sec. 2.  Article XV, Constitution of the State of Alaska, is amended by adding a new                             
13 section to read:                                                                                                        
14  Section 29.  Effective Date and Repeal of Amendment.  (a)  If adopted by                                            

01 the voters at the 1998 general election, the amendment set out in Section 19 of Article                                 
02 VIII, regarding a subsistence priority, takes effect on October 1, 2000.                                                
03  (b)  Section 19 of Article VIII, regarding a subsistence priority, is repealed on                                     
04 the date of a final, nonappealable judgment or order by a federal court deciding that                                   
05 the rural subsistence priority in Title VIII, Alaska National Interest Lands Conservation                               
06 Act, P.L. 96-487, as amended, violates the Constitution of the United States.                                           
07  (c)  In (b) of this section, "final, nonappealable judgment or order" means a                                         
08 judgment or an order that cannot be appealed because all possible appeals, including                                    
09 a petition for certiorari to the United States Supreme Court, have been taken or the                                    
10 time for taking an appeal has expired without appeal.                                                                   
11    * Sec. 3.  The amendments proposed by this resolution shall be placed before the voters of                         
12 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the                        
13 State of Alaska, and the election laws of the state.