1998-05-06                     Senate Journal                      Page 3772
SB 180                                                                       
Message dated and received May 5 was read, stating the Governor                
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
CS FOR SENATE BILL NO. 180(FIN) An Act                                        
relating to state rights-of-way.                                              
                                                                               
			Chapter 26, SLA 1998                                                        
			Effective Date: 8/03/98                                                     
                                                                               
This bill lists 602 routes and trails, declares them to have been              
accepted by public use under the federal RS 2477 law, and requires             
the Department of Natural Resources to record the routes.  The bills           
intent seems to be to secure public access for all Alaskans along              
rights-of-way developed under RS 2477, an 1866 federal law that                
provided, The right of way for the construction of highways over               
public lands, not reserved for public uses, is hereby granted.                 
                                                                               
I signed this bill because of my strong belief in the public access            
principle that inspired it. Access routes are among the States most            
valuable assets, for without access, natural resources could not be            
developed and Alaskas heritage of public lands would be off limits.            
                                                                               
However, I have serious reservations about the course this bill takes.         
It does nothing to assist the State in disputes over potential RS 2477         
rights-of-way crossing federal land, as those disputes can only be             
resolved by suits in federal court under the Quiet Title Act.                  
Strengthening the States case will take more detailed research,                
finishing the certification process, and surveying the routes that prove       
to qualify.  Instead, the bill diverts funds and personnel needed for          
those tasks into recording all 602 routes.  Recordation is appropriate         
as soon as each route is certified and surveyed, but at this point only        
11 routes have reached the certification stage. Premature recordation          
of a route for which the status and location are uncertain does not            
help the State in court.                                                       
                                                                               
                                                                               

1998-05-06                     Senate Journal                      Page 3773
SB 180                                                                       
In order for the Department of Natural Resources to carry through              
on recording these routes as required under this bill, it is essential         
the fiscal note be funded.  Without funding, DNR will be unable to             
conduct this work.                                                             
                                                                               
Only my strong support for securing all RS 2477 access routes to               
which the State is legally entitled has caused me to put these                 
misgivings aside and sign the bill.                                            
                                                                               
						Sincerely,                                                               
						/s/                                                                      
						Tony Knowles                                                             
						Governor