00Enrolled SJR 27                                                                                                         
01 Relating to the resolution of submerged land title disputes.                                                            
02                                         _______________                                                                 
03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                             
04      WHEREAS Alaska contains over 20,000 rivers and well over 1,000,000 lakes that are                                  
05 potentially navigable waterways; and                                                                                    
06      WHEREAS the state received potential title to over 60,000,000 acres of submerged                                   
07 land under navigable fresh and marine water within its boundaries at the time the state                                 
08 initially achieved statehood; and                                                                                       
09      WHEREAS the existing processes of resolving submerged land title disputes are                                      
10 inadequate and slow; and                                                                                                
11      WHEREAS litigation in federal courts over submerged land title has been stymied by                                 
12 the narrow interpretation of 28 U.S.C. 2409a (Quiet Title Act) by federal agencies; and                                 
13      WHEREAS the Quiet Title Act should be amended to encourage federal agencies to                                     
14 constructively participate in resolving submerged land title disputes; and                                              
15      WHEREAS the intent of the legislature is to create a joint state and federal                                       
16 commission for the purpose of expediting the state's efforts to cooperatively resolve                                   
17 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 the United States Congress in 2002 but failed to                                
05 pass; and                                                                                                               
06      WHEREAS the legislature recognizes and compliments the United States Department                                    
07 of the Interior, Bureau of Land Management, for using the recordable disclaimer of interest                             
08 process to help resolve some title disputes, including submerged land and RS 2477 rights-of-                            
09 way; and                                                                                                                
10      WHEREAS the legislature supports the active pursuit of all means to more quickly                                   
11 resolve submerged land title disputes, including the continuation of the process for recording                          
12 federal disclaimers of interest, the formation of the Navigable Waters Commission for Alaska,                           
13 and the amendment of the Quiet Title Act;                                                                               
14      BE IT RESOLVED that the Alaska State Legislature encourages the United States                                      
15 Secretary of the Interior and the Alaska congressional delegation to support and endorse the                            
16 continuation of the process for recording federal disclaimers of interests for quieting title to                        
17 submerged land; and be it                                                                                               
18      FURTHER RESOLVED that the Alaska State Legislature requests the Alaska                                             
19 congressional delegation to introduce legislation in the United States Congress to provide for                          
20 federal participation in the proposed state and federal Navigable Waters Commission for                                 
21 Alaska; and be it                                                                                                       
22      FURTHER RESOLVED that the Alaska State Legislature requests the introduction                                       
23 of legislation in the Congress to amend the Quiet Title Act to ensure federal cooperation in                            
24 resolving submerged land title disputes.                                                                                
25      COPIES of this resolution shall be sent to the Honorable Gale A. Norton, United                                    
26 States Secretary of the Interior; and to the Honorable Ted Stevens and the Honorable Lisa                               
27 Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of                                  
28 the Alaska delegation in Congress.