04/10/2000 02:20 PM Senate JUD

           SCR  3-SOVEREIGNTY OF THE STATE; RESOURCES                                                                           
                                                                                                                                
CHAIRMAN TAYLOR stated that SCR 3 makes a statement to Congress.                                                                
SCR 3 cites U. S. Supreme Court cases and puts Congress and federal                                                             
agencies on notice that Alaska will not put up with the federal                                                                 
mandate and intervention of fish and game management.  If Congress                                                              
chose to ignore Alaska's rights by passing the Alaska National                                                                  
Interest Lands Conservation Act (ANILCA), then Alaska needs to take                                                             
this issue forward and litigate.  The dispute revolves around                                                                   
whether or not the federal government can force a sovereign state                                                               
to amend its constitution and to amend the equal protection clause                                                              
of its constitution to provide for discrimination based on                                                                      
residency.                                                                                                                      
                                                                                                                                
REPRESENTATIVE SCOTT OGAN said he strongly supports SCR 3.                                                                      
Sovereignty of Alaska should be defended by the legislature and the                                                             
governor.  This issue is not about subsistence, it is about                                                                     
Alaska's right to manage its resources and whether Alaska will be                                                               
a first or second class state.  The Equal Footing Doctrine states                                                               
that Alaska was admitted to the Union on equal footing with other                                                               
states--this was specifically mentioned in the 1953 Submerged Land                                                              
Act in the Statehood Compact.  Representative Ogan said he finds it                                                             
outrageous that the federal government has stepped in and taken                                                                 
over the management of Alaska's sovereign property.  When Alaska                                                                
became a state it received title to its submerged land and having                                                               
title is a property right.                                                                                                      
                                                                                                                                
CHAIRMAN TAYLOR agreed wholeheartedly with a quote in Governor                                                                  
Knowles' appeal of the Katie John case, "No governor should ever                                                                
barter away the state's sovereign right to manage its lands, its                                                                
waters, or its natural resources."                                                                                              
                                                                                                                                
SENATOR HALFORD moved SCR 3 from committee with individual                                                                      
recommendations.  Without objection, the motion carried.