00                      SENATE JOINT RESOLUTION NO. 27                                                                    
01 Relating to the resolution of submerged land title disputes.                                                            
02 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
03       WHEREAS Alaska contains over 20,000 rivers and well over 1,000,000 lakes that are                               
04 potentially navigable waterways; and                                                                                    
05       WHEREAS the state received potential title to over 60,000,000 acres of submerged                                
06 land under navigable fresh and marine water within its boundaries at the time the state                                 
07 initially achieved statehood; and                                                                                       
08       WHEREAS the existing processes of resolving submerged land title disputes are                                   
09 inadequate and slow; and                                                                                                
10       WHEREAS litigation in federal courts over submerged land title has been stymied by                              
11 the narrow interpretation of 28 U.S.C. 2409a (Quiet Title Act) by federal agencies; and                                 
12       WHEREAS the Quiet Title Act should be amended to encourage federal agencies to                                  
13 constructively participate in resolving submerged land title disputes; and                                              
14       WHEREAS the intent of the legislature is to create a joint state and federal                                    
15 commission for the purpose of expediting the state's efforts to cooperatively resolve                                   
16 submerged land title disputes; and                                                                                      

01       WHEREAS the legislature established the Navigable Waters Commission for Alaska                                  
02 in 2002; and                                                                                                            
03       WHEREAS legislation providing for federal participation on the Navigable Waters                                 
04 Commission for Alaska was introduced in Congress in 2002 but failed to pass; and                                        
05       WHEREAS the legislature recognizes and compliments the United States Department                                 
06 of the Interior, Bureau of Land Management, for using the recordable disclaimer of interest                             
07 process to help resolve some title disputes, including submerged land and RS 2477 rights-of-                            
08 way; and                                                                                                                
09       WHEREAS the legislature supports the active pursuit of all means to more quickly                                
10 resolve submerged land title disputes, including the continuation of the process for recording                          
11 federal disclaimers of interest, the formation of the Navigable Waters Commission for Alaska,                           
12 and the amendment of the Quiet Title Act;                                                                               
13       BE IT RESOLVED that the Alaska State Legislature encourages the Secretary of the                                
14 Interior and the Alaska congressional delegation to support and endorse the continuation of                             
15 the process for recording federal disclaimers of interests for quieting title to submerged land;                        
16 and be it                                                                                                               
17       FURTHER RESOLVED that the Alaska State Legislature requests the Alaska                                          
18 congressional delegation to introduce legislation in the Congress to provide for federal                                
19 participation in the proposed state and federal Navigable Waters Commission for Alaska; and                             
20 be it                                                                                                                   
21       FURTHER RESOLVED that the Alaska State Legislature requests the introduction                                    
22 of legislation in the Congress to amend the Quiet Title Act to ensure federal cooperation in                            
23 resolving submerged land title disputes.                                                                                
24       COPIES of this resolution shall be sent to the Honorable Gale A. Norton, United                                 
25 States Secretary of the Interior; and to the Honorable Ted Stevens and the Honorable Lisa                               
26 Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of                                  
27 the Alaska delegation in Congress.