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HJR 25: Requesting the United States Congress to amend the Alaska Statehood Act to recognize the State of Alaska's constitutional right to maintain ownership over all land, water, assets, resources, and activities within the state's boundaries; proclaiming the State of Alaska's constitutional ownership of all land, water, assets, resources, and activities within the state's boundaries; recognizing the federal government's jurisdiction over land, water, and airspace within the state's boundaries for certain purposes if those purposes are determined to be justified by the Alaska State Legislature; declaring that the State of Alaska retains all rights reserved to the individual states by the Constitution of the United States, including control over all activities and development wholly within the state's boundaries; finding that the federal government does not have constitutional authority to regulate certain private or business activities conducted wholly within the state's boundaries; requesting the federal government to enact policies, regulations, and legislation to mitigate the disparity of nationwide federal land jurisdiction and to recognize certain state rights; and petitioning the legislative bodies of other states to adopt similar resolutions.

00                       HOUSE JOINT RESOLUTION NO. 25                                                                     
01 Requesting the United States Congress to amend the Alaska Statehood Act to recognize                                    
02 the State of Alaska's constitutional right to maintain ownership over all land, water,                                  
03 assets, resources, and activities within the state's boundaries; proclaiming the State of                               
04 Alaska's constitutional ownership of all land, water, assets, resources, and activities                                 
05 within the state's boundaries; recognizing the federal government's jurisdiction over                                   
06 land, water, and airspace within the state's boundaries for certain purposes if those                                   
07 purposes are determined to be justified by the Alaska State Legislature; declaring that                                 
08 the State of Alaska retains all rights reserved to the individual states by the Constitution                            
09 of the United States, including control over all activities and development wholly within                               
10 the state's boundaries; finding that the federal government does not have constitutional                                
11 authority to regulate certain private or business activities conducted wholly within the                                
12 state's boundaries; requesting the federal government to enact policies, regulations, and                               
13 legislation to mitigate the disparity of nationwide federal land jurisdiction and to                                    
01 recognize certain state rights; and petitioning the legislative bodies of other states to                               
02 adopt similar resolutions.                                                                                              
03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04       WHEREAS the Constitution of the United States established a federalist system of                                
05 governance whereby the federal government and each individual state would exist as equal                                
06 and cooperative entities; and                                                                                           
07       WHEREAS the Tenth Amendment to the Constitution of the United States was                                        
08 adopted to expand the federalist intent of the constitution by ensuring the shared balance of                           
09 powers between the federal government and the individual states; and                                                    
10 WHEREAS the Tenth Amendment to the Constitution of the United States mandates                                         
11 that "The powers not delegated to the United States by the Constitution, nor prohibited by it to                        
12 the States, are reserved to the States respectively, or to the people"; and                                             
13 WHEREAS the federal government should maintain jurisdiction over, and manage,                                         
14 only enough land necessary to perform its constitutional duties and powers, and to manage                               
15 land as granted by each of the individual states; and                                                                   
16 WHEREAS the federal government claims jurisdiction over approximately                                                 
17 640,000,000 acres, or 28 percent, of the 2,270,000,000 acres of land in the United States; and                          
18 WHEREAS approximately 92 percent of all land jurisdiction claimed by the federal                                      
19 government is concentrated in just 12 western states, including Alaska; and                                             
20 WHEREAS the "concentration of federal lands in the west" and the "optimal extent of                                   
21 federal land ownership" were listed as concerns for the United States Congress in the Federal                           
22 Land Ownership: Overview and Data report released by the Congressional Research Service                                 
23 in December 2014; and                                                                                                   
24 WHEREAS the individual states, municipalities, and communities of the United                                          
25 States require land sources for the purpose of overall development; and                                                 
26 WHEREAS the excessive federal land jurisdiction in the western states has severely                                    
27 limited the ability of those states to responsibly develop their extensive and abundant natural                         
28 resources, develop and sustain strong economies, and increase the quality of life for residents;                        
29 and                                                                                                                     
30 WHEREAS the disparity of federal land jurisdiction in the western states negatively                                   
01 affects the United States, hindering the advancement of a diverse nationwide economy and                                
02 national energy independence; and                                                                                       
03 WHEREAS the restoration of the intended balance of federal and state powers,                                          
04 including land holdings and jurisdiction, would result in a positive outcome for the federal                            
05 government and the individual states while also addressing the constitutional concerns of the                           
06 individual states;                                                                                                      
07 BE IT RESOLVED that the Alaska State Legislature requests that the United States                                      
08 Congress amend the Alaska Statehood Act to recognize the constitutional right of the State of                           
09 Alaska to maintain ownership over all land, water, assets, resources, and activities within the                         
10 recognized contiguous boundary of the state, thereby fulfilling the constitutional duty to                              
11 ensure equal protection for individual states; and be it                                                                
12 FURTHER RESOLVED that the Alaska State Legislature, in accordance with the                                            
13 Constitution of the United States and art. XII, sec. 1, Constitution of the State of Alaska, and                        
14 with due consideration given to the previous resolve, proclaims the State of Alaska's                                   
15 constitutional ownership of all land, water, assets, resources, and activities within the                               
16 recognized contiguous boundary of the State of Alaska, which specifically include and shall                             
17 be described as                                                                                                         
18            (1)  all land up to the borders of adjoining countries;                                                      
19 (2)  all water adjacent to the shore of any land claimed by the state, up to the                                        
20 limits of the territory claimed by the United States;                                                                   
21 (3)  all surfaces of all land, sea beds, lakebeds, and riverbeds within the state's                                     
22 borders;                                                                                                                
23 (4)  all subsurface area of all land, sea beds, lakebeds, and riverbeds, without                                        
24 regard to depth;                                                                                                        
25 (5)  all airspace above the surface of any land or water within the contiguous                                          
26 boundaries of the state; and                                                                                            
27 (6)  all known and yet to be known resources within the boundaries of the                                               
28 state, including mineral deposits, oil reserves, gas reserves, coal reserves, vegetation, fish and                      
29 game, hydroelectric energy, geothermal heat, tidal power, water, hunting rights, recreational                           
30 opportunities, archaeological sites and findings, and other resources; and be it                                        
31 FURTHER RESOLVED that the Alaska State Legislature, in accordance with the                                            
01 Constitution of the United States, recognizes the federal government's jurisdiction over land,                          
02 water, and airspace within the recognized contiguous boundary of the state used for                                     
03 performing the following powers granted to the federal government by the Constitution of the                            
04 United States:                                                                                                          
05            (1)  to provide for the common defense of the United States;                                                 
06            (2)  to regulate commerce with foreign nations, among the several states, and                                
07 with the Indian tribes;                                                                                                 
08            (3)  to establish post offices and post roads;                                                               
09            (4)  to constitute tribunals inferior to the supreme court;                                                  
10            (5)  to raise and support armies;                                                                            
11            (6)  to provide and maintain a navy;                                                                         
12 (7)  to provide for calling forth the militia to execute the laws of the union,                                         
13 suppress insurrections, and repel invasions;                                                                            
14            (8)  to provide for organizing, arming, and disciplining the militia; and                                    
15 (9)  to exercise authority over all places purchased by the consent of the                                              
16 legislature of the state in which the same shall be, for the erection of forts, magazines,                              
17 arsenals, dock yards, and other needful buildings; and be it                                                            
18 FURTHER RESOLVED that the Alaska State Legislature may recognize the federal                                          
19 government's jurisdiction over other land, water, or airspace within the recognized contiguous                          
20 boundary of the state only if the land, water, or airspace is used for a justifiable purpose under                      
21 the provisions of the Constitution of the United States, as determined by the Alaska State                              
22 Legislature; and be it                                                                                                  
23 FURTHER RESOLVED that the Alaska State Legislature declares that the State of                                         
24 Alaska shall retain all rights reserved to the individual states by the Constitution of the United                      
25 States, including jurisdiction over all aspects of all regulations regarding all activities or                          
26 developments wholly within the boundaries of the state; and be it                                                       
27 FURTHER RESOLVED that the Alaska State Legislature finds that the federal                                             
28 government does not have constitutional authority to regulate private or business activities                            
29 that are conducted wholly within the boundaries of the state unless those activities are                                
30 evidenced to have caused damage to persons in other states or countries outside the                                     
31 jurisdiction of the State of Alaska; and be it                                                                          
01 FURTHER RESOLVED that the Alaska State Legislature urges the state                                                    
02 government, as it considers necessary, to exercise all other rights granted by the Constitution                         
03 of the United States to the individual states; and be it                                                                
04 FURTHER RESOLVED that the Alaska State Legislature requests that the federal                                          
05 government enact policies, regulations, and legislation to mitigate the disparity of nationwide                         
06 federal land jurisdiction and to recognize the same basic rights as listed in this resolution, and                      
07 as granted and guaranteed by the Constitution of the United States, to all individual states; and                       
08 be it                                                                                                                   
09 FURTHER RESOLVED that the Alaska State Legislature petitions the legislative                                          
10 bodies of the other 49 individual states to adopt resolutions in similar form to the provisions                         
11 listed in this resolution.                                                                                              
12 COPIES of this resolution shall be sent to the Honorable Donald J. Trump, President                                   
13 of the United States; the Honorable Michael R. Pence, Vice President of the United States and                           
14 President of the U.S. Senate; the Honorable Ryan Zinke, United States Secretary of the                                  
15 Interior; the Honorable Paul D. Ryan, Speaker of the U.S. House of Representatives; the                                 
16 Honorable Nancy Pelosi, Minority Leader of the U.S. House of Representatives; the                                       
17 Honorable Mitch McConnell, Majority Leader of the U.S. Senate; the Honorable Charles E.                                 
18 Schumer, Minority Leader of the U.S. Senate; the Honorable Lisa Murkowski, Chair of the                                 
19 U.S. Senate Committee on Energy and Natural Resources; the Honorable Dan Sullivan, U.S.                                 
20 Senator, and the Honorable Don Young, U.S. Representative, members of the Alaska                                        
21 delegation in Congress; all other members of the 115th United States Congress; the governors                            
22 of each of the other 49 states; and the presiding officers of the legislatures of each of the other                     
23 49 states.