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CSSJR 20(RLS) AM H: Requesting the United States Congress to accommodate Alaska's unique wetlands circumstances by amending the Clean Water Act to modify the wetlands regulatory program and to recognize Alaska's outstanding history of wetlands conservation.

00CS FOR SENATE JOINT RESOLUTION NO. 20(RLS) am H 01 Requesting the United States Congress to accommodate Alaska's unique wetlands 02 circumstances by amending the Clean Water Act to modify the wetlands 03 regulatory program and to recognize Alaska's outstanding history of wetlands 04 conservation. 05 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 WHEREAS, in 1972, the federal Clean Water Act allowed a broad expansion of 07 federal jurisdiction over wetlands by modifying the definition of navigable waters to include 08 all waters of the United States; and 09 WHEREAS, in 1975, the United States Army Corps of Engineers expanded wetlands 10 regulations to include restricted discharge of dredged and fill material into wetlands; and 11 WHEREAS, in 1997, the United States Army Corps of Engineers has proposed to 12 phase out its Nationwide Permit 26 (NWP 26) that allows developers to fill wetlands from one 13 to 10 acres without gaining individual permit approval; and 14 WHEREAS this particular action may put a financial and logistical constraint on

01 thousands of homeowners, businesses, and communities; and 02 WHEREAS Alaska contains more wetlands than all other states combined; and 03 WHEREAS approximately 99.5 percent of Alaska's original wetlands acreage remains 04 today; and 05 WHEREAS most Alaska communities, including some 200 rural villages, are located 06 in areas where wetlands are the dominant feature of the landscape; and 07 WHEREAS 88 percent of Alaska's wetlands are publicly owned; and 08 WHEREAS more than 60,000,000 acres of Alaska's wetlands are known to be 09 conserved in some form of land designation, including federally designated wilderness land, 10 federal park and refuge land, and state park and refuge land, that restricts use or degradation 11 of wetlands; 12 BE IT RESOLVED that the Alaska State Legislature respectfully requests the United 13 States Congress to amend the federal Clean Water Act to modify the wetlands regulatory 14 program to 15 (1) continue existing activities related to airport safety, logging, mining, ice 16 pads, roads, and snow removal without the existing requirement that the activity be determined 17 not to add to the "cumulative" loss of wetlands nationally; 18 (2) provide flexibility in Alaska wetlands permitting commensurate with the 19 large amount of wetlands set aside in Alaska and the low historic rate of wetlands loss in 20 Alaska; 21 (3) eliminate existing requirements in states with substantial conserved 22 wetlands to mitigate unavoidable impacts or to prove no alternative sites are available; and 23 (4) require the United States Army Corps of Engineers to customize a 24 permitting process for all lands in Alaska that does not include burdensome mitigation, 25 avoidance, and other requirements applying nationally; and be it 26 FURTHER RESOLVED that the Alaska State Legislature respectfully requests the 27 United States Congress to recognize the unique contribution the citizens of Alaska have made 28 to wetlands conservation and Alaska's outstanding record of wetlands conservation. 29 COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the 30 United States; the Honorable Al Gore, Jr., Vice-President of the United States and President 31 of the U.S. Senate; the Honorable Strom Thurmond, President Pro Tempore of the U.S.

01 Senate; the Honorable Trent Lott, Majority Leader of the U.S. Senate; the Honorable Thomas 02 Daschle, Minority Leader of the U.S. Senate; the Honorable Newt Gingrich, Speaker of the 03 U.S. House of Representatives; the Honorable Dick Armey, Majority Leader of the U.S. House 04 of Representatives; the Honorable Richard A. Gephardt, Minority Leader of the U.S. House 05 of Representatives; the Honorable John H. Chafee, Chair of the Senate Committee on 06 Environment and Public Works; and to the Honorable Ted Stevens and the Honorable Frank 07 Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of 08 the Alaska delegation in Congress.