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CSHJR 27(STA): Relating to the maritime boundary between Alaska and the former Union of Soviet Socialist Republics.

00CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) 01 Relating to the maritime boundary between Alaska and the former Union of 02 Soviet Socialist Republics. 03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 WHEREAS, on June 1, 1990, United States Secretary of State James A. Baker III 05 signed the United States - U.S.S.R. Maritime Boundary Agreement without the participation 06 or consent of Alaska in the negotiations or terms of the proposed treaty agreement; and 07 WHEREAS the maritime boundary described in the proposed treaty agreement places 08 on the U.S.S.R. side the following eight islands and their entire territorial seas and seabeds: 09 Wrangell, Herald, Bennett, Henrietta, and Jeannette Islands in the Arctic, and Copper Island, 10 Sea Lion Rock, and Sea Otter Rock on the west end of the Aleutian Chain; and 11 WHEREAS the maritime boundary described in the proposed treaty agreement 12 delimits the territorial sea and seabeds of Little Diomede Island at less than the normal 3-mile 13 or 12-mile extent; and 14 WHEREAS Alaska has sovereignty and potential or actual property interests in these

01 islands and their territorial seas and seabeds; and 02 WHEREAS the Fifteenth Alaska State Legislature unanimously passed Senate Joint 03 Resolution 12, which requested that a representative of Alaska be included in the United States 04 Department of State's negotiations on setting a maritime boundary between Alaska and the 05 Soviet Union; however, a reply was never received from the United States Department of 06 State, and a representative of Alaska was never included in the negotiations; and 07 WHEREAS the views of 28 bipartisan members of the Alaska House of 08 Representatives and eight bipartisan members of the Alaska Senate were expressed on the 09 proposed treaty agreement in a letter dated May 17, 1991, to Senator Joseph Biden, Jr., of the 10 United States Senate Committee on Foreign Relations, stating in part: 11  "We firmly believe United States interests and Alaskan interests are at stake 12 and in jeopardy in the proposed treaty. . . No Alaskan official has ever been 13 invited to participate in the treaty negotiations, in spite of abiding Alaskan 14 interests in fisheries, petroleum and other potential continental shelf resources 15 and the considerations of navigation in the area. In the entire history of the 16 treaty negotiations, Alaska has had no official voice. Alaska has not been fully 17 consulted in the entire matter. . . It is our purpose to urgently recommend that 18 the presently-proposed treaty not be ratified by the U.S. Senate, and that 19 negotiations be continued to include appropriate Alaskan officials and current 20 United States and Alaskan historic, territorial, and resource interests"; 21 and 22 WHEREAS the California Legislature unanimously passed in 1991 Senate Joint 23 Resolution 20 supporting Alaska, and the resolution requested the President to withdraw the 24 proposed treaty agreement from consideration by the United States Senate and requested the 25 United States Senators from California to decline to consider the proposed treaty agreement 26 until Alaska has been able to participate fully in negotiations and has been guaranteed that its 27 consent will be required for any agreement affecting its boundaries; and 28 WHEREAS the U.S.S.R. and its successor, Russia, have not approved the proposed 29 treaty agreement, and the agreement has not been put into force as a treaty; and 30 WHEREAS, at the same time he signed the proposed treaty agreement on June 1, 31 1990, Secretary of State Baker signed an executive agreement with the U.S.S.R. Foreign

01 Minister that stated that, pending the entry into force of the proposed treaty agreement, the 02 two governments agreed to abide by the terms of the proposed treaty agreement as of June 15, 03 1990; and 04 WHEREAS the executive agreement was not publicly revealed at the time or 05 mentioned in the transmittal of the proposed treaty agreement to the United States Congress, 06 in the United States Department of State testimony to the United States Senate Committee on 07 Foreign Relations, in the committee report, or in the Senate floor debate; and 08 WHEREAS the United States Department of State is currently negotiating with the 09 Russian government over its demand to redraw the maritime boundary under the executive 10 agreement so as to take from the American side and give to the Russians an additional 40,000 11 square miles of ocean and seabed that would yield 300,000,000 pounds of fish a year without 12 any quid pro quo for the United States; 13 BE IT RESOLVED by the Alaska State Legislature that, because the proposed United 14 States - U.S.S.R. Maritime Boundary Agreement has not been put into force, negotiations for 15 the proposed treaty should include participation by the State of Alaska, and any discussion of 16 terms in a new proposed treaty regarding Alaska's territory, sovereignty, or property should 17 involve representatives of the State of Alaska; and be it 18 FURTHER RESOLVED that the Alaska State Legislature considers participation of 19 the State of Alaska to be essential to the validity of the executive agreement, requests the 20 United States Department of State to report any and all acts and directives regarding 21 implementation of the executive agreement, and respectfully requests the Governor and the 22 Attorney General of Alaska to investigate whether any actions in this matter are not consistent 23 with law and to report on their findings to the legislature before the convening of the Second 24 Regular Session of the Twenty-First Legislature; and be it 25 FURTHER RESOLVED that the Alaska State Legislature urges the Alaska delegation 26 in the United States Congress to promote and pursue the views expressed in this resolution, 27 especially the need for Alaska representation in negotiations over setting a maritime boundary 28 between the state and eastern Russia; and be it 29 FURTHER RESOLVED that the Alaska State Legislature finds that setting a 30 maritime boundary between Alaska and eastern Russia is a constitutional issue of states' rights 31 and respectfully requests the Governor and the Attorney General of Alaska to actively pursue

01 the matters described in the previous resolves; and be it 02 FURTHER RESOLVED that the current negotiations by the United States Department 03 of State with the Russian government over conceding more seabed and fishing rights to the 04 Russians under the executive agreement on the maritime boundary should be opened to 05 include representatives of the State of Alaska and to provide hearings for public input before 06 signing. 07 COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the 08 United States; the Honorable Madeleine K. Albright, U.S. Secretary of State; the Honorable 09 Janet Reno, Attorney General of the United States; the Honorable Jesse Helms, Chair of the 10 U.S. Senate Committee on Foreign Relations; the Honorable Benjamin A. Gilman, Chair of 11 the U.S. House Committee on International Relations; the Honorable Joseph R. Biden, Jr., 12 Ranking Minority Member of the U.S. Senate Committee on Foreign Relations; the Honorable 13 Sam Gejdenson, Ranking Minority Member of the U.S. House Committee on International 14 Relations; and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. 15 Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska 16 delegation in Congress.