00SENATE JOINT RESOLUTION NO. 101 am                                                                                    
01 Proposing amendments to the Constitution of the State of Alaska authorizing a                                           
02 priority for subsistence uses of fish and wildlife that is based on place of                                            
03 residence; and providing for an effective date.                                                                         
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 may, consistent with the                                        
08 sustained yield principle, provide a priority for subsistence uses in the taking of fish                                
09 and wildlife based on place of residence.                                                                               
10    * Sec. 2.  Article XV, Constitution of the State of Alaska, is amended by adding new                               
11 sections to read:                                                                                                       
12  Section 29.  Effective Date of Subsistence Amendment.  (a)  Section 19 of                                           
13 Article VIII, regarding a priority for subsistence uses of fish and wildlife, takes effect                              
14 on the day following the later of the date of a final decision of a federal court in cases                              

01 described in (b) of this section that the Congress of the United States acted within the                                
02 scope of its constitutional authority by enacting the Alaska National Interest Lands                                    
03 Conservation Act (P.L. 96-487), which included the following:                                                           
04   (1)  a rural resident preference for subsistence uses of fish and wildlife;                                          
05   (2)  a preemption of state authority over the management of fish and                                                 
06 wildlife on federal public lands in the State; and                                                                      
07   (3)  other provisions.                                                                                               
08  (b)  A final decision as described in (a) of this section may occur only in                                           
09 Alaska Legislative Council v. Babbitt, Civil No. 1:98CV0069(JR), United States                                          
10 District Court for the District of Columbia, or in another case filed within one year                                   
11 after the dismissal of Alaska Legislative Council v. Babbitt under circumstances that                                   
12 do not produce a final decision as described in (a) of this section, including but not                                  
13 limited to lack of standing of all plaintiffs.                                                                          
14  (c)  For the purposes of (a) of this section, the date of a final decision is                                         
15   (1)  the date the time for appellate review of the decision expires                                                  
16 without request for appellate review; or                                                                                
17   (2)  for a final decision by the Supreme Court of the United States, the                                             
18 date of the decision itself.                                                                                            
19  Section 30.  Subsistence Litigation.  The governor whose term of office                                             
20 begins at noon on the first Monday of December 1998 shall, within three months from                                     
21 the beginning of the governor's term of office, bring a legal action in the United States                               
22 Supreme Court challenging the constitutionality of the Alaska National Interest Lands                                   
23 Conservation Act (P.L. 96-487), which included provisions that establish a rural                                        
24 resident preference for subsistence uses of fish and wildlife and that preempt State                                    
25 authority over management of fish and wildlife on federal public lands in the State.                                    
26 This legal action shall address conflicts between the sovereignty of the State and the                                  
27 federal government regarding the authority to manage or regulate all fish and wildlife                                  
28 resources in the State and the navigable waters of the State.  The governor shall also                                  
29 join existing litigation that challenges the Alaska National Interest Lands Conservation                                
30 Act (P.L. 96-487).  The governor shall vigorously pursue the litigation described in                                    
31 this section.                                                                                                           

01    * Sec. 3.  The amendments proposed by this resolution shall be placed before the voters of                         
02 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the                        
03 State of Alaska, and the election laws of the state.