Legislature(1997 - 1998)

04/10/1997 08:08 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
             HOUSE STATE AFFAIRS STANDING COMMITTEE                            
                         April 10, 1997                                        
                            8:08 a.m.                                          
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Jeannette James, Chair                                         
 Representative Ethan Berkowitz                                                
 Representative Fred Dyson                                                     
 Representative Kim Elton                                                      
 Representative Ivan Ivan                                                      
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Mark Hodgins                                                   
 Representative Al Vezey                                                       
                                                                               
 OTHER HOUSE MEMBERS PRESENT                                                   
                                                                               
 Representative Reggie Joule                                                   
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 HOUSE BILL NO. 188                                                            
 "An Act relating to calculation of compensation for the public                
 employees' retirement system."                                                
                                                                               
      - HEARD AND HELD                                                         
                                                                               
 HOUSE JOINT RESOLUTION NO. 21                                                 
 Relating to amendment of Title VIII of the Alaska National Interest           
 Lands Conservation Act.                                                       
                                                                               
      - HEARD AND HELD                                                         
 SENATE JOINT RESOLUTION NO. 14                                                
 Relating to support for federal legislation permitting state                  
 concealed handgun permittees to carry concealed handguns in other             
 states.                                                                       
                                                                               
      - SCHEDULED BUT NOT HEARD                                                
 (* First public hearing)                                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 188                                                               
 SHORT TITLE: DEFINITION OF COMPENSATION IN PERS                               
 SPONSOR(S): REPRESENTATIVE(S) COWDERY                                         
                                                                               
 JRN-DATE      JRN-PG             ACTION                                       
 03/12/97       640    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 03/12/97       640    (H)   STATE AFFAIRS, FINANCE                            
 04/08/97              (H)   STA AT  8:00 AM CAPITOL 102                       
                                                                               
 BILL:  HJR 21                                                               
 SHORT TITLE: REQUESTING CONGRESS TO AMEND ANILCA                              
 SPONSOR(S): REPRESENTATIVE(S) MASEK, Ogan                                     
                                                                               
 JRN-DATE      JRN-PG             ACTION                                       
 02/12/97       314    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/12/97       314    (H)   RESOURCES, STATE AFFAIRS                          
 03/13/97              (H)   RES AT  1:00 PM CAPITOL 124                       
 03/13/97              (H)   MINUTE(RES)                                       
 03/20/97              (H)   RES AT  1:00 PM CAPITOL 124                       
 03/20/97              (H)   MINUTE(RES)                                       
 03/27/97              (H)   MINUTE(RES)                                       
 04/01/97       893    (H)   RES RPT 2DP 2DNP 3NR                              
 04/01/97       893    (H)   DP: MASEK, OGAN                                   
 04/01/97       893    (H)   DNP: NICHOLIA, JOULE                              
 04/01/97       893    (H)   NR: DYSON, GREEN, HUDSON                          
 04/01/97       894    (H)   ZERO FISCAL NOTE (H.RES)                          
 04/01/97       894    (H)   REFERRED TO STATE AFFAIRS                         
 04/08/97              (H)   STA AT  8:00 AM CAPITOL 102                       
 04/08/97              (H)   MINUTE(STA)                                       
 04/10/97              (H)   STA AT  8:00 AM CAPITOL 102                       
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 JOHN CYR, President                                                           
 National Education Association-Alaska                                         
 114 Second Street                                                             
 Juneau, Alaska 99801                                                          
 Telephone:  (907) 586-3090                                                    
 POSITION STATEMENT:  Provided testimony in opposition to HB 188.              
                                                                               
 REPRESENTATIVE BEVERLY MASEK                                                  
 Alaska State Legislature                                                      
 State Capitol, Room 432                                                       
 Juneau, Alaska 99801-1182                                                     
 Telephone:  (907) 465-2679                                                    
 POSITION STATEMENT:  Sponsor of HJR 21.                                       
                                                                               
 ROY BURKHART, Legislative Affairs Officer                                     
 The Alaska Boating Association                                                
 P.O. Box 210430                                                               
 Anchorage, Alaska 99521                                                       
 Telephone:  (907) 495-6337                                                    
 POSITION STATEMENT:  Provided testimony in support of HJR 21.                 
                                                                               
 JUNE BURKHART                                                                 
 P.O. Box 204                                                                  
 Willow, Alaska 99688                                                          
 Telephone:  (907) 495-6337                                                    
 POSITION STATEMENT:  Provided testimony in support of HJR 21.                 
                                                                               
 CHESTER BALLOT                                                                
 P.O. Box 256                                                                  
 Kotzebue, Alaska 99752                                                        
 Telephone:  (907) 442-7657                                                    
 POSITION STATEMENT:  Provided testimony in opposition to HJR 21.              
                                                                               
 PETE SCHAEFFER                                                                
 P.O. Box 6                                                                    
 Kotzebue, Alaska 99752                                                        
 Telephone:  (907) 442-3703                                                    
 POSITION STATEMENT:  Provided testimony in opposition to HJR 21.              
                                                                               
 GABE SAM, Director of Wildlife and Parks                                      
 Tanana Chiefs Conference Inc.                                                 
 122 First Avenue, Suite 600                                                   
 Fairbanks, Alaska 99701                                                       
 Telephone:  (907) 452-8251                                                    
 POSITION STATEMENT:  Provided testimony in opposition to HJR 21.              
                                                                               
 NOEL PUTMAN, Representative                                                   
 Ketchikan Sports and Wildlife Club                                            
 P.O. Box 5122                                                                 
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 225-0687                                                    
 POSITION STATEMENT:  Provided testimony in support of HJR 21.                 
                                                                               
 RUSSEL COCKRUM, Board of Director Member                                      
 Southeast Alaska Steamboat Owners and Operators                               
 4677 North Tongass Highway                                                    
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 225-3419                                                    
 POSITION STATEMENT:  Provided testimony in support of HJR 21.                 
                                                                               
 DON SHERWOOD, President                                                       
 The Alaska Boating Association                                                
 P.O. Box 210430                                                               
 Anchorage, Alaska 99521                                                       
 Telephone:  Not provided                                                      
 POSITION STATEMENT:  Provided testimony in support of HJR 21.                 
                                                                               
 FRANCISCA SHERWOOD                                                            
 1640 Brink Drive                                                              
 Anchorage, Alaska 99504                                                       
 Telephone:  (907) 333-6268                                                    
 POSITION STATEMENT:  Provided testimony in support of HJR 21.                 
                                                                               
 HERMAN MORGAN, Chair                                                          
 Central Kuskokwim Fish and Game Advisory Committee                            
 P.O. Box 78                                                                   
 Aniak, Alaska 99557                                                           
 Telephone:  (907) 675-4393                                                    
 POSITION STATEMENT:  Provided testimony on HJR 21.                            
                                                                               
 PATRICK OMIAK                                                                 
 Address not provided                                                          
 Little Diomede, Alaska 99762                                                  
 Telephone:  (907) 686-3071                                                    
 POSITION STATEMENT:  Provided testimony in opposition to HJR 21.              
                                                                               
 RICHARD SLATS                                                                 
 Chevak Traditional Council                                                    
 P.O. Box 140                                                                  
 Chevak, Alaska 99563                                                          
 Telephone:  (907) 858-7428                                                    
 POSITION STATEMENT:  Provided testimony in opposition to HJR 21.              
                                                                               
 ALFRED McKINLEY, Sr., Executive Committee Member                              
 Alaska Native Brotherhood Grand Camp                                          
 P.O. Box 21713                                                                
 Juneau, Alaska 99802-1713                                                     
 Telephone:  (907) 586-2061                                                    
 POSITION STATEMENT:  Provided testimony in opposition to HJR 21.              
                                                                               
 DICK BISHOP, Executive Director                                               
 Alaska Outdoor Council                                                        
 211 4th Street, Number 30-A                                                   
 Juneau, Alaska 99801                                                          
 Telephone:  (907) 463-3830                                                    
 POSITION STATEMENT:  Provided testimony in support of HJR 21.                 
                                                                               
 DEAN PADDOCK, Executive Director                                              
 Bristol Bay Driftnetters Association                                          
 P.O. Box 21951                                                                
 Juneau, Alaska 99802                                                          
 Telephone:  (907) 463-4970                                                    
 POSITION STATEMENT:  Provided testimony on HJR 21.                            
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-39, SIDE A                                                            
 Number 0001                                                                   
                                                                               
 The House State Affairs Standing Committee was called to order by             
 Chair Jeannette James at 8:08 a.m.  Members present at the call to            
 order were Representatives James, Dyson, Elton and Ivan.  Members             
 absent were Berkowitz, Hodgins and Vezey.  Representative Berkowitz           
 arrived at 8:10 a.m.                                                          
                                                                               
 HB 188 - DEFINITION OF COMPENSATION IN PERS                                 
                                                                               
 The first order of business to come before the House State Affairs            
 Standing Committee was HB 188, "An Act relating to calculation of             
 compensation for the public employees' retirement system."                    
                                                                               
 CHAIR JEANNETTE JAMES announced the House State Affairs Standing              
 Committee would only be taking testimony today on HB 188.                     
                                                                               
 Number 0146                                                                   
                                                                               
 JOHN CYR, President, National Education Association-Alaska (NEA-              
 Alaska), was the first person to testify in Juneau.  The NEA-Alaska           
 currently opposed HB 188 as written.  The NEA-Alaska represented a            
 number of Public Employee Retirement System (PERS) employees                  
 including janitors, custodians, and maintenance men who at one                
 point in their careers were 12-month employees.  However, as school           
 funding had been reduced over the years, their employment had                 
 dropped to eight or nine months losing their ability to get a years           
 credit in the retirement system.  And, because they were school               
 employees they were not eligible for unemployment in the summer.              
 In addition, the work that was done traditionally in the summer,              
 such as, heavy cleaning and painting, was now being done during               
 Christmas break, spring break and in the evenings picking up a few            
 hours of overtime.  Therefore, overtime was scheduled by their                
 supervisors; it was not something that they asked for.  It was mean           
 spirited to deny them access to use overtime towards their                    
 retirement.  "We're not talking about people who are at the top of            
 the pay scale.  We're talking about people who - generally speaking           
 - don't make a lot of money.  They are residents of the communities           
 that they live in."  The majority of our members in rural Alaska              
 fell under this category.  The NEA-Alaska would ask that you vote             
 "no" on this bill.                                                            
                                                                               
 Number 0347                                                                   
                                                                               
 REPRESENTATIVE FRED DYSON asked Mr. Cyr if there was a way to                 
 modify the bill so that it did not affect the employees who worked            
 part-time?                                                                    
                                                                               
 Number 0374                                                                   
                                                                               
 MR. CYR replied school district employees could be removed from the           
 bill somehow.  It would take an amendment.                                    
                                                                               
 Number 0406                                                                   
                                                                               
 REPRESENTATIVE DYSON asked Mr. Cyr if he had any other problems               
 with the bill?                                                                
                                                                               
 MR. CYR replied - obviously - the NEA-Alaska had a philosophical              
 objection to the bill.  The NEA-Alaska believed that all people who           
 worked should get the benefits of their labor.  This was a                    
 management issue; overtime was scheduled by management.  "It seems            
 to us that the working people are being hurt by management's                  
 problems."                                                                    
                                                                               
 Number 0483                                                                   
                                                                               
 REPRESENTATIVE DYSON asked Mr. Cyr if he believed - philosophically           
 - that the principle of retirement should be based on exceptional             
 pay and not on salary?                                                        
                                                                               
 MR. CYR replied there was a difference between a salaried and an              
 hourly employee.  An hourly employee's wage was based on the number           
 of hours he or she worked.                                                    
                                                                               
 REPRESENTATIVE DYSON said he misstated his question.  He meant                
 hourly only.                                                                  
                                                                               
 MR. CYR replied hourly employees should - absolutely - get the                
 benefit of all of their labor.                                                
                                                                               
 Number 0540                                                                   
                                                                               
 CHAIR JAMES explained she did not call overtime time and a half.              
 She called overtime the premium that had to be paid because a                 
 person worked longer than allowed.  She saw some sense in                     
 disallowing the premium time.  Therefore, it did not make a                   
 difference if a person was hired to work overtime because the                 
 straight time was the charge to get the job done.  The premium time           
 was an extra bonus for working over the scheduled hours and not               
 really the amount of hours times the rate of work.                            
                                                                               
 Number 0610                                                                   
                                                                               
 MR. CYR replied employees were being asked to do the same amount of           
 work that had been done in 12-months in 8-months or 9-months now.             
 "It is impossible to do that work in that amount of time."                    
 Overtime was a matter of getting the job done.  "I believe they               
 should be compensated for that over and above their regular pay,              
 and that compensation, because they are giving us that section of             
 their life, should go towards their retirement."                              
                                                                               
 Number 0708                                                                   
                                                                               
 REPRESENTATIVE ETHAN BERKOWITZ asked Mr. Cyr if the extra work done           
 was pursuant to a collective bargaining agreement?                            
                                                                               
 MR. CYR replied, "Correct."                                                   
                                                                               
 Number 0726                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ announced he had an amendment to exempt              
 any work performed pursuant to a collective bargaining agreement              
 from the overtime provision.  He asked Mr. Cyr what would his                 
 position be on an amendment like that?                                        
                                                                               
 Number 0750                                                                   
                                                                               
 MR. CYR replied he had not seen the amendment yet.  It made sense             
 to exempt those covered by a collective bargaining agreement.  He             
 did not have an official reaction, however.                                   
                                                                               
 CHAIR JAMES stated the amendment included everybody.  There would             
 not be anybody left over.                                                     
                                                                               
 CHAIR JAMES announced the amendments would not be looked at today.            
 The bill would be held over.                                                  
                                                                               
 HJR 21 - REQUESTING CONGRESS TO AMEND ANILCA                                
                                                                               
 The next order of business to come before the House State Affairs             
 Standing Committee was HJR 21, Relating to amendment of Title VIII            
 of the Alaska National Interest Lands Conservation Act.                       
                                                                               
 CHAIR JAMES called on Representative Beverly Masek, sponsor of HJR
 21, to present the resolution.                                                
                                                                               
 Number 0894                                                                   
                                                                               
 REPRESENTATIVE BEVERLY MASEK, Alaska State Legislature, explained             
 HJR 21 offered a new approach to solving the subsistence dilemma by           
 asking Congress to allow the people of Alaska to try to solve the             
 problem amongst all of us here in the State.  The resolution also             
 requested that Congress make several amendments to Title VIII of              
 the Alaska National Interest Lands Conservation Act (ANILCA) to               
 clarify issues such as the following:  what are public lands, who             
 had management authority on state and private lands and water,                
 should navigable waters be considered state or federal waters,                
 should subsistence resources be sold for cash, what does "rural"              
 mean, what does "customary and traditional" mean, and where should            
 federal oversight occur.  In addition, HJR 21 kept rural preference           
 in Title VIII of ANILCA; it would give back to the state the                  
 authority to give a definition to "rural" and "traditional and                
 customary."  "I think that's probably one of the biggest                      
 "opposement" against this resolution is that it thinks it's going             
 to take away that, but in fact, Madame Chairman, it's going to give           
 the state the deciding point on how we should define them."  Right            
 now, it was clear in the Constitution of the State of Alaska that             
 resources could not be given to one specific group.  They went to             
 all Alaskans.  It was also important to note that in a time of                
 shortage, resources would not be shut off to users, especially to             
 users in rural areas.  This had been an on-going issue in the state           
 and there had been several approaches to try to resolve it.  The              
 members of the special task force established by Governor Hickel              
 came up with a resolution, of which, the Alaska Federation of                 
 Natives (AFN) did not accept or support.  Lt. Governor, Fran Ulmer,           
 became involved using quiet diplomacy with a resolution as well.              
 The AFN also decided not to support her concept of subsistence.  "I           
 think it's pretty much a slap in the face to the state of Alaska              
 for AFN who has pretty much taken charge of the issue and is not              
 being able to work with the state or with other groups set up to              
 work on the issue."  We had waited long enough; it was time to come           
 to the table and work on a solution.  The resolution was a                    
 compromise to get everybody to the table to work on the issue.  In            
 October of 1997, the federal government would start imposing their            
 regulations on hunting and fishing on Alaska.  We were the only               
 state in the union that had this type of problem with its fish and            
 wildlife resources.  In other states, the state had the authority             
 over its fish and wildlife resources.  She was ashamed that the               
 state of Alaska was going through this process.  It was an issue              
 that should be worked out as Alaskans.  It was also important to              
 not think of this as a decisive issue because we all lived in                 
 Alaska and we were all Alaskans.  "I don't think that we're trying            
 to take away the subsistence from the rural areas."  She had not              
 heard of any new ideas or approaches on how to solve the                      
 subsistence issue which was why the resolution was put in.  It was            
 a compromise to bring people to the table.                                    
                                                                               
 Number 1230                                                                   
                                                                               
 REPRESENTATIVE KIM ELTON stated it was not just AFN that could not            
 move towards the middle; it was other groups as well.  It seemed              
 that Representative Masek was blaming AFN for being the only party            
 that was not willing to move.                                                 
                                                                               
 Number 1251                                                                   
                                                                               
 REPRESENTATIVE MASEK replied, during her years in Juneau and as a             
 member of the Alaska Natives Commission, it seemed that AFN was the           
 driving force to get everybody together.  There were a lot of                 
 Native people who were not involved with AFN that would like to see           
 the issue resolved but they lived in villages.  It was not easy to            
 be in a political war in a village; it was not easy to give an                
 opinion.  All the groups had to get together and right now it was             
 AFN and the tribal entities that were coming forth.  The resolution           
 tried to bring AFN and the people from the urban and rural areas              
 together to work on the issue.                                                
                                                                               
 Number 1335                                                                   
                                                                               
 CHAIR JAMES asked Representative Masek if she had personally tried            
 to negotiate with AFN?  Had she asked for advise on language that             
 AFN would like to see, for example?                                           
                                                                               
 Number 1350                                                                   
                                                                               
 REPRESENTATIVE MASEK replied AFN testified in the House Resources             
 Standing Committee.  She had its no net loss statement.  The AFN              
 had also held several meetings with RURALCAP in Anchorage.                    
 Basically, AFN did not want to see the definition of the term                 
 "rural" taken away.  The resolution did not do that.                          
                                                                               
 Number 1381                                                                   
                                                                               
 CHAIR JAMES stated there was an additional definition of the term             
 "rural" designed by the courts.  The resolution would question that           
 definition which, in her opinion, needed to be questioned.  She               
 asked Representative Masek if she would be willing to participate             
 in discussions in a one-on-one meeting with AFN?                              
                                                                               
 Number 1401                                                                   
                                                                               
 REPRESENTATIVE MASEK replied she would not have a problem with                
 that.  There were other individual Natives in the rural areas who             
 wanted to see the issue resolved, but they did not have the same              
 vision as AFN.  Those were the people that she wanted to hear from.           
                                                                               
 CHAIR JAMES agreed with Representative Masek.  She had talked to a            
 lot of them too.  There was a group out there that would like to              
 resolve this issue.                                                           
                                                                               
 Number 1423                                                                   
                                                                               
 REPRESENTATIVE IVAN IVAN apologized for arriving late this morning.           
 He was not feeling well:  bronchitis.  The issue was too important            
 not to come today, however.  The Alaskan Native community had gone            
 through the political process with the Venetie case a few weeks ago         
 when the state appropriated $1 million.  The issue was still                  
 festering in rural Alaska.  He saw the resolution as "throwing salt           
 to the wounds."  "I don't believe we need this at all."  He asked             
 Representative Masek, in her opinion, what process would it take to           
 amend ANILCA with 100 Senators and 427 Representatives in Congress?           
 And, what would happen once the door was opened?                              
                                                                               
 Number 1514                                                                   
                                                                               
 REPRESENTATIVE MASEK replied the resolution sent a clear message to           
 Congress.  Right now, the state had senior representation in                  
 Congress.  The process would begin by sending the resolution to               
 Alaska's congressional delegation to give the message that Alaskans           
 wanted to see the issue resolved.  There were minor changes to                
 ANILCA that would require additional legislation in Congress as               
 well.  At the state level, we would have to do what it spelled out            
 in the resolution.                                                            
                                                                               
 Number 1565                                                                   
                                                                               
 REPRESENTATIVE IVAN stated in no way were his questions tied to               
 Representative Masek personally.  He only spoke to the resolution.            
 The senior Senator she referred to recently spoke to the Alaska               
 State Legislature indicating that he did not support the                      
 resolution.  And he was one of the most senior senators in the                
 nation in terms of appropriations.  Therefore, he would go by his             
 word and not go forward with a message like the resolution because            
 he would turn it down.  In addition, a lot of his constituents did            
 not appreciate what was being done in forwarding the resolution.              
                                                                               
 Number 1621                                                                   
                                                                               
 REPRESENTATIVE MASEK replied Senator Murkowski and Representative             
 Young were willing to work on the resolution.  They would not have            
 a problem with a discussion or a debate on the issue.  "We need to            
 do something in the state," she declared.  Alaska was large and               
 diverse, but the issue was destroying the state and hurting people            
 not only in the rural areas but throughout Alaska as well.  "We               
 can't continue to shut the door on one another."  It was not                  
 appropriate for the future of Alaska or for the future generations            
 of Alaskans.  Where do we want to see our state go? she asked.  If            
 we continued to do nothing then the federal government would                  
 continue to come in and take over.  The federal government was                
 allowing the resources to go to a closed class group of people.  It           
 was not appropriate.  The state had enough fish and game to satisfy           
 the needs of most Alaskans.  It was especially important to                   
 continue that in the rural areas.  The resolution would not take              
 that away.                                                                    
                                                                               
 Number 1702                                                                   
                                                                               
 CHAIR JAMES said she agreed with the statements in the resolution             
 and the general concept.  However, the Native population felt                 
 comfortable and protected with the term "rural" and the court's               
 definitions.  The resolution asked the federal government to insert           
 authority for the state to decide what was rural.  Thus, the change           
 was threatening to the current status with only a promise to fix              
 it.  She asked Representative Masek if it would be better to fix it           
 first then ask for a change?                                                  
                                                                               
 CHAIR JAMES further stated there was the possibility that the issue           
 could be addressed under the "Common Use" clause of the                       
 Constitution of the State of Alaska thereby not amending the                  
 constitution and putting rural in as a preference.  She asked                 
 Representative Masek if it would be more prudent if there was a               
 piece of legislation on the table that would in fact show how to              
 address the subsistence needs via the "Common Use" section of the             
 constitution before asking the federal government to change its               
 language so that it compared with what the state already agreed to?           
                                                                               
 Number 1803                                                                   
                                                                               
 REPRESENTATIVE MASEK replied the issue could not be resolved unless           
 everybody came to the table to work on it.  The resolution sent a             
 message on how to begin.  Some of the provisions would bring                  
 compromise between the urban and rural areas in regards to rural              
 preference in ANILCA.  The Constitution of the State of Alaska was            
 in conflict with Title VIII of ANILCA and until it was addressed we           
 could not start with other discussions.                                       
                                                                               
 Number 1857                                                                   
                                                                               
 CHAIR JAMES asked Representative Masek what would be the effect, if           
 the resolution was passed and sent to Washington D.C., while at the           
 same time AFN put together a resolution and sent it to Washington             
 D.C.?  In her opinion it would send a message that the state was              
 still mixed up with no solution.                                              
                                                                               
 Number 1911                                                                   
                                                                               
 REPRESENTATIVE MASEK replied it was important to start the                    
 approach.  The stepping stones begin with the passage of the                  
 resolution.  There were other states that also saw our problems and           
 they would be willing to listen to both sides of the issue.                   
                                                                               
 Number 1938                                                                   
                                                                               
 CHAIR JAMES explained to Representative Masek that she honestly and           
 sincerely appreciated her for bringing the resolution forward.  She           
 was not being critical towards Representative Masek.  She was being           
 critical about whether or not this was what should be done and what           
 should be said.  She was not discrediting her; she admired her for            
 bringing the issue forward.                                                   
                                                                               
 Number 1972                                                                   
                                                                               
 REPRESENTATIVE MASEK stated the resolution said plainly what should           
 be done and said.  It would start a trail on its own as it was                
 doing here in the committee hearings in Alaska.                               
                                                                               
 CHAIR JAMES agreed the issue was the most serious before the state.           
                                                                               
 Number 1996                                                                   
                                                                               
 REPRESENTATIVE IVAN said the state was not even together yet in               
 regards to this issue.  He did not agree with the resolution and              
 his constituents did not agree with it either.  He would submit for           
 the record the correspondence that he had received from his                   
 constituents.  He reiterated he did not agree with the concept or             
 the route that Representative Masek was taking.                               
                                                                               
 Number 2040                                                                   
                                                                               
 REPRESENTATIVE MASEK asked, in conclusion, that the House State               
 Affairs Standing Committee pass the resolution out of the committee           
 as soon as possible.                                                          
 CHAIR JAMES opened the meeting up to the legislative teleconference           
 network.  She asked that the testifiers keep their testimony to the           
 following two aspects:  should a message be sent to Washington D.C.           
 requesting help to solve this dilemma; and, if a message should be            
 sent, what should it say?                                                     
                                                                               
 Number 2166                                                                   
                                                                               
 ROY BURKHART, Legislative Affairs Officer, The Alaska Boating                 
 Association, was the first person to testify via teleconference in            
 Mat-Su.  The association supported the resolution for a number of             
 reasons.  Subsistence was not the primary reason, however.  This              
 was a case where the federal government had passed a law that was             
 in contradiction to the Constitution of the State of Alaska.  The             
 state's constitution was in compliance with the federal                       
 constitution.  Now the federal government was asking the state to             
 change its constitution.  This was wrong irregardless of the issue            
 and we should take a stand.  In addition, Representative Ivan had             
 stated that the Natives in the bush were upset regarding the                  
 state's appropriation of $1 million for the Venetie case.  He               
 reminded Representative Ivan that many of the benefits and wins of            
 the Native Americans had come from the court system.  The same                
 court system that the state was going into to address the issue.              
 Therefore, the state did have a right to appropriate money to go to           
 court.  Moreover, he believed that Senator Stevens was not really             
 against the resolution.  The senator believed that he could not get           
 the resolution through Congress which was okay.  The resolution               
 would send a message that the people of the state of Alaska would             
 stand by its constitution.  Whether Senator Stevens could get the             
 resolution passed or not was not the point.  In addition, Senator             
 Stevens was against Indian country.  The issue should not be based            
 on whether or not Senator Stevens was for or against the                      
 resolution.  It should be based on what the people of Alaska wanted           
 and the state government.  In conclusion, he thanked Representative           
 Masek for submitting the resolution.  She had been criticized from            
 a lot of the Natives because of this.  The criticisms were false              
 and the reason that she took a stance such as this was because she            
 believed that the Native people did not need a special handout.               
                                                                               
 Number 2294                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ explained to Mr. Burkhart that Senator               
 Stevens was specifically asked if he supported the resolution; and            
 he replied:  "I oppose this resolution."  Representative Ivan was             
 correct in his characterization of the senator's position.                    
                                                                               
 Number 2294                                                                   
                                                                               
 MR. BURKHART replied he was not there so he bowed to that.                    
                                                                               
 Number 2313                                                                   
                                                                               
 REPRESENTATIVE IVAN stated to Mr. Burkhart that he had constituents           
 that believed the resolution would be the wrong message to                    
 Congress.                                                                     
                                                                               
 Number 2336                                                                   
                                                                               
 JUNE BURKHART was the next person to testify via teleconference in            
 Mat-Su.  She was testifying today to ask that the House State                 
 Affairs Standing Committee support HJR 21 by Representative Masek             
 and Ogan.  It was long overdue and a brave act by two fine young              
 legislators.  "I truly hope it leads to paving the way for                    
 necessary amendments to Title VIII of ANILCA."  The encroachment of           
 federal agencies upon the ability of the state to manage its                  
 resources was unfair; it jeopardized the power and rights of the              
 people.  The Constitution of the State of Alaska conformed to the             
 Constitution of the United States, therefore, it should not have to           
 be amended.  The just and clear way to accomplish this was to amend           
 ANILCA.  The state should not sit back and not try just because it            
 believed that there would not be support in Washington D.C. when              
 the resolution was an excellent tool to be heard at the national              
 level.  She encouraged a swift adoption; it was a must.                       
                                                                               
 Number 2414                                                                   
                                                                               
 CHESTER BALLOT was the next person to testify via teleconference in           
 Kotzebue.  He opposed the resolution.  He turned over his remaining           
 time to Mr. Pete Schaeffer.                                                   
                                                                               
 Number 2430                                                                   
                                                                               
 PETE SCHAEFFER was the next person to testify via teleconference in           
 Kotzebue.  He opposed the passage of HJR 21.  The people needed to            
 get together first before trying to modify the federal law.                   
 Experience had shown it was difficult to go to Washington D.C. with           
 a split plate of support.  He was against the resolution because it           
 gutted ANILCA.  The approach was backwards.                                   
                                                                               
 TAPE 97-39, SIDE B                                                            
 Number 0016                                                                   
                                                                               
 GABE SAM, Director of Wildlife and Parks, Tanana Chiefs Conference            
 Inc., was the next person to testify via teleconference in                    
 Fairbanks.  The chiefs were opposed to HJR 21 on the grounds of the           
 definition of "public lands" excluding state and private land.  The           
 chiefs also opposed the authorization of the state of Alaska to               
 define the terms "rural" and "customary and tradition" for the                
 purposes of the definition of subsistence uses.  The term "rural"             
 had already been defined in Title VIII of ANILCA.  The chiefs also            
 opposed amending the subsistence preference established in ANILCA             
 under 16 U.S.C. 3114 to provide a preference for a reasonable                 
 opportunity to take fish and wildlife for subsistence uses.                   
 Reasonable opportunity was too vague inviting more litigation.  The           
 chiefs also opposed clarifying that ANILCA neither affirmed or                
 denied the existence of tribal sovereignty and Indian country in              
 Alaska.  It was a separate issue.  The chiefs also opposed allowing           
 the state of Alaska to choose whether it would establish a regional           
 subsistence advisory council system.  There already was a federal             
 advisory council so why duplicate the efforts.  The chiefs also               
 opposed providing that regional subsistence advisory councils were            
 only advisory to regulatory boards.  It was a bit confusing.  The             
 chiefs also opposed eliminating commercial use and sale of fish and           
 wildlife taken for subsistence uses.                                          
                                                                               
 Number 0151                                                                   
                                                                               
 NOEL PUTMAN, Representative, Ketchikan Sports and Wildlife Club,              
 was the next person to testify via teleconference in Ketchikan.               
 The club supported the passage of HJR 21.  The membership wanted to           
 know where it stood in regards to its right to hunt and fish on               
 public land.  The gray area - Title VIII of ANILCA - had been                 
 prevalent for too many years; it needed to be addressed now.  The             
 resolution was the best start currently being proposed to hopefully           
 see an end to the federal take over of Alaska's resources.  The               
 club adamantly would refuse changing the Constitution of the State            
 of Alaska in regards to ANILCA.  The club suggested, if Title VIII            
 of ANILCA was not changed, that it should apply to all federal                
 lands within the lower forty-eight states.  "I think that you would           
 hear an uproar so loud the walls of Congress would collapse."                 
                                                                               
 Number 0191                                                                   
                                                                               
 RUSSEL COCKRUM, Board of Director Member, Southeast Alaska                    
 Steamboat Owners and Operators, was the next person to testify via            
 teleconference in Ketchikan.  There were some real problems on the            
 horizon for the great state of Alaska.  The cold, hard facts were             
 that if the legislature did not do something this session, there              
 was a real possibility that the federal government would take over            
 the management of all aspects of fish and game resources by                   
 October.  The ANILCA had to be amended and the points addressed in            
 HJR 21 needed to be resolved - now.  Any lack of action by the                
 lawmakers would be a tremendous injustice to the commercial fishing           
 fleet and other users.  "I believe the fox is in the hen house, and           
 he's our federal government."                                                 
                                                                               
 Number 0244                                                                   
                                                                               
 DON SHERWOOD, President, The Alaska Boating Association, was the              
 next person to testify via teleconference in Anchorage.  He was an            
 avid hunter and fisherman.  He thanked Representatives Masek and              
 Ogan for introducing the resolution.  The Secretaries of the                  
 Interior and Agriculture said that the state had to amend its                 
 constitution to confirm to Title VIII of ANILCA as a precondition             
 to "partial" relinquishment of federal management of fish and                 
 wildlife on public lands and waters.  The Constitution of the State           
 of Alaska conformed to the Constitution of the United States and              
 the state should not have to change it in any way.  The only clear            
 way to resolve this issue was to convince the Congressional                   
 legislators that ANILCA was where the changes should be made.  The            
 resolution needed grass-roots support to be successful.  The                  
 association thanked the committee members for listening to its                
 comments and for doing a great job towards its future.                        
                                                                               
 Number 0306                                                                   
                                                                               
 FRANCISCA SHERWOOD was the next person to testify via                         
 teleconference in Anchorage.  She had been a proud Alaskan citizen            
 for over 31 years.  She had raised two sons who had given her five            
 grandchildren in Alaska.  She thanked Representatives Ogan and                
 Masek for introducing HJR 21 to the people of Alaska.  She                    
 supported HJR 21 and asked that the committee members act swiftly             
 to approve the resolution.  It was necessary if the agencies of               
 Alaska were to gain control of the management and use of the                  
 state's fish and wildlife on public lands and waterways.  Only                
 ANILCA could stop the intervention.  Amending the Constitution of             
 the State of Alaska was not necessary and it was unfair to ask the            
 people to do so.  She pleaded with the committee members to approve           
 the resolution to let the federal government know that the state              
 wanted ANILCA to be amended so that the state could control its               
 resources.                                                                    
                                                                               
 Number 0372                                                                   
                                                                               
 HERMAN MORGAN, Chair, Central Kuskokwim Fish and Game Advisory                
 Committee, was the next person to testify via off-net in Aniak.  He           
 was also on the federal advisory committee recently formed.  He was           
 a half-breed so he was not prejudiced towards anybody.  If the                
 resolution passed, it would not prevent the federal takeover of               
 Alaska's fish and game management.  By this time next year when               
 Alaska did not have control of its fishing and resources, who would           
 be remembered as the person who could have done something to stop             
 this?  In addition, a lot of the different management areas did not           
 know if they were on state or federal land creating a death mill              
 for Alaska's resources.  He cited the wolf issue as an example.               
 The state could not do anything to stop it.  If the federal                   
 government took over fishing there would be a lot more                        
 restrictions.  "We Alaskans should stop fighting amongst                      
 ourselves."  Let's do it for ourselves and the resources and the              
 only way to do this was to amend the state's constitution.                    
                                                                               
 Number 0450                                                                   
                                                                               
 CHAIR JAMES asked Mr. Morgan if the only other agreement was to               
 amend the constitution and put the rural preference in?                       
                                                                               
 MR. MORGAN replied the people should be allowed to vote on whether            
 we wanted that or not.  We owe it to the resources.  At the rate              
 right now, we were not going to have any kind of control.  Just               
 look at the salmon condition in the lower forty-eight states.                 
 Decisions were made by extremists wanting to protect the resources.           
 We did not want to see that up here in Alaska.  This was almost the           
 last place on earth that was not destroyed.                                   
                                                                               
 Number 0480                                                                   
                                                                               
 CHAIR JAMES asked Mr. Morgan if he would agree that there was                 
 another way to define what the real subsistence need was in Alaska            
 without amending the constitution?                                            
                                                                               
 Number 0489                                                                   
                                                                               
 MR. MORGAN replied there were a lot of people out there that were             
 poor.  They only made $10,000 a year, for example, relying on                 
 wildlife to eat, and they were in competition with a doctor who               
 made $300,000 a year hunting for fun.  He reiterated it was not               
 fair that the people could not vote on the issue.                             
                                                                               
 Number 0519                                                                   
                                                                               
 PATRICK OMIAK was the next person to testify via off-net in Little            
 Diomede.  The Native village of Diomede Island was opposed to HJR
 21.  If ANILCA needed to be amended he wanted to see that the                 
 Natives were involved.  In addition, the state and federal                    
 government needed to learn how to work together.                              
                                                                               
 Number 0558                                                                   
                                                                               
 RICHARD SLATS, Chevak Traditional Council, was the next person to             
 testify via off-net in Chevak.  The council opposed HJR 21.  He               
 read the following statement into the record:                                 
                                                                               
 "The Kashunamiut are a federally recognized tribe who is                      
 represented by their tribal government, the Chevak Traditional                
 Council whose primary goal is to protect the health, safety and               
 welfare and the inherent traditional and cultural rights of the             
 Kashunamiut and for their best interests.  Let this affidavit                 
 acknowledge that we are in Opposition to the House Joint Resolution           
 No. 21 as it infringes upon our inherent rights and will exploit              
 our ancestral lands which are located on the Yukon Kuskokwim Delta            
 National Wildlife Refuge and has been protected by Alaska National            
 Interest Land Conservation Act - Title VIII (ANILCA, Title VIII,              
 hereinafter).  Subsistence Use and Management as it is written.               
                                                                               
 "ANILCA Title VIII, should not be amended because the Resolution              
 HJR 21 contradicts the whole purpose of the Policy and Purpose of             
 the Title VIII.  These amendments are directly contradicting the              
 RURALCAP Subsistence Round Table, held in Anchorage February 1997.            
 The State of Alaska may be of compliance of ANILCA TITLE VIII,                
 concerning Subsistence.  The State of Alaska tends to lean towards            
 "sports, commercial and other special interest group" that are not            
 aware of the importance of subsistence issues and use for the rural           
 communities.                                                                  
                                                                               
 "The following are section responses to `FURTHER RESOLVED' of the             
 proposed resolution:                                                          
                                                                               
 "(1) `Public Land' is already defined in the Federal Register.                
 Volume 57 No. 20 and ANILCA, Title VIII.                                      
                                                                               
 "(2) Congress is already authorized to take over management if the            
 State is not in compliance.                                                   
                                                                               
 "(4) `Section 807' provides for protection of subsistence users and           
 repeal would undermine authority of the Federal Judicial System.              
                                                                               
 "(5) The terms Customary and Traditional Use, Subsistence Use, and            
 rural are defined and established in the Federal Registrar of the             
 Department of Agriculture, and Interior, under Sec. 4 Definition of           
 Subpart A-General Provision.  They listed as such in the Final,               
 Subsistence Management for Federal Public Lands in Alaska which               
 attests to the Webster's definition of.  The definition of the                
 aforementioned terms are already defined and what this resolution             
 proposes to do is authorize the State of Alaska to rewrite the                
 Webster's Dictionary to soothe Masek's an Ogan's HJR 21.                      
                                                                               
 "(6) Under ANILCA Title VIII, Sec. 804, the subsistence preference            
 is addressed.  HJR 21 contradicts the purpose and policy of Title             
 VIII.                                                                         
                                                                               
 "(7) Tribal Sovereignty and Indian Country issues have been awarded           
 to the Tribes across Alaska but is presently in the Appeal process,           
 no amendments should even be considered as Court cases are and may            
 be pending.                                                                   
                                                                               
 "(8) The State of Alaska should not have an option.  If subsistence           
 management is handed to the State of Alaska, than it would be their           
 obligation to establish regional advisory councils, meaning they              
 should be mandated to establish such councils rather than choose              
 to.                                                                           
                                                                               
 "(9) The Sections (8) and (9) proposed amendments are addressed in            
 Sec. 805 (a)(2) and (3) (D) (IV).                                             
                                                                               
 "(10) The sale of Fish and Wildlife taken for subsistence uses,               
 supplements incomes for expenses incurred for hunting necessities,            
 i.e. ammunition, gasoline and oil, and other gears to do more                 
 subsistence hunting and fishing.                                              
                                                                               
 "There are provisions in the ANILCA Title VIII, Section 16 USC 3110           
 that the State can enter into an Cooperative Agreement rather than            
 rewriting the whole purpose and policy of the Act.                            
 "ANILCA, Title VIII should not be Amended the resolution would                
 undermine the purpose of ANILCA and the groundwork that has been              
 established for Subsistence Management.                                       
                                                                               
 "The items that are addressed in HJR 21 are already defined and               
 addressed by the Dept. of Agriculture and Department of Interior              
 published in Federal Register Vol. 57, No. 21 January 1992,                   
 Proposed Rules.                                                               
                                                                               
 "THE KASHUNAMIUT, THE CHEVAK TRADITIONAL COUNCIL, THE CHEVAK TRIBAL           
 COURTS AND THEIR DEPARTMENTS URGES DO NOT PASS THIS RESOLUTION!!!"          
                                                                               
 Number 0885                                                                   
                                                                               
 ALFRED McKINLEY, Sr., Executive Committee Member, Alaska Native               
 Brotherhood Grand Camp, was the first person to testify in Juneau.            
 He read the following statement into the record:                              
                                                                               
 "Madame chairman, State Affairs.  Thank you for giving me the                 
 opportunity to testify before your.  My name is Alfred McKinley,              
 Sr.  I am executive committee members of the Alaska Native                    
 Brotherhood Grand Camp, I am also a elected delegate to a                     
 recognized tribe of central council Tlingit-Haida Indian tribes of            
 Alaska.  I am here to testify in opposition to HJR 21 because it              
 annuls or alters ANILCA.                                                      
                                                                               
 "ANILCA Title VIII, Sec. 801 (4) states `in order to fulfill the              
 policies and purposes of the Alaska Native Claims Settlement Act              
 and as a matter of equity, it is necessary for the Congress to                
 invoke the constitutional authority over Native affairs and its               
 constitutional authority under the property clause and the commerce           
 clause to protect and provide the opportunity for continued                   
 subsistence uses on the public lands by Natives and non-Natives               
 rural residents.'                                                             
                                                                               
 "The Alaska Native community maintains that the current level of              
 federal subsistence protections granted under Title VIII of ANILCA            
 must be guaranteed in any solution to resolve the ongoing                     
 subsistence impasse.  The Alaska Natives will not support any                 
 compromise that diminishes the subsistence preference, Title VIII's           
 geographical jurisdiction.  The powers and the responsibilities of            
 the federal agencies and federal court oversight on that mandates             
 federal judicial deference to state courts or state regulatory                
 decisions.  The Alaska Native community will not support any                  
 amendment to ANILCA other than that which guarantees a Native                 
 subsistence preference.                                                       
                                                                               
 "The Alaska Native community endorses an amendment to the state               
 constitution that brings the state into compliance with ANILCA.               
                                                                               
 "Madame chairman this is our concrete position on HJR 21 which we             
 strongly oppose.  If the bill is passed by the state legislatures,            
 we will strongly oppose any amendment to ANILCA at the                        
 Congressional level."                                                         
                                                                               
 MR. McKINLEY, Sr. read the following reply into the record to the             
 anticipated issue of extinguished aboriginal fishing rights by                
 Congress in 43 U.S.C. S 1603(b):                                              
                                                                               
 "Congress expected that the state and federal agencies would                  
 protect subsistence hunting and fishing, 1971 U.S.C.C.A.N. 2247,              
 2250.  In 1980, frustrated with their failure to do so, Congress              
 enacted ANILCA.  Title VIII of ANILCA required that rural Alaska              
 residence be accorded a priority for subsistence hunting and                  
 fishing on public lands - 16 U.S.C. 3113, 3114.                               
                                                                               
 "If the state legislature were to amend the state constitution or             
 otherwise comply with ANILCA's rural subsistence priority, the                
 state could resume management of subsistence uses on public lands             
 including navigable waters.                                                   
                                                                               
 "Its up to the Alaska State Legislatures to act."                             
                                                                               
 MR. McKINLEY, Sr. further stated that according to the statistics             
 the debate was over less than 1 percent of the fish and wildlife              
 that Native people took to their communities.  "It's kind of                  
 ridiculous to be debating over 1 percent."                                    
                                                                               
 Number 1114                                                                   
                                                                               
 CHAIR JAMES stated there was not anybody out there who would                  
 disagree with Mr. McKinley, Sr. nor who would want to take the                
 right away.  However, the court definition of the term "rural" was            
 not the same as how Alaskans understood the term.  In particular,             
 the Kenai Peninsula, and along the Parks and Glen Highways, for               
 example, were classified as rural.  Therefore, the definition of              
 rural brought in other people than what was intended by ANILCA in             
 the first place.  "I believe the `rural' definition in ANILCA was             
 put in there to protect that very lifestyle that you're talking to            
 me about."                                                                    
                                                                               
 Number 1202                                                                   
                                                                               
 MR. McKINLEY, Sr. replied he had been involved in the subsistence             
 issue since 1977.  At that time, his people fought against                    
 subsistence because of the simple reason that Native women were               
 marrying or had married non-Native men and the off-spring was                 
 family.  In 1978, his people could not fight the issue anymore                
 because they were out numbered.  The alternative was legislation              
 including both non-Natives and Natives.  As-long-as there was good            
 management in the system everybody would be treated equally.  In              
 other words, as-long-as there were resources available.  However,             
 if the resources were scarce then the rural communities would have            
 priority over urban communities.  Consequently, the terms "rural"             
 and "urban" had to be defined.  The urban areas were defined as:              
 Anchorage, Ketchikan, Juneau, and Fairbanks.  He understood why the           
 areas mentions were chosen because everybody wore a tie to go to              
 work.  Therefore, divide the offices and scatter them over the                
 rural communities so that everybody would have a job and there                
 would be equality.                                                            
                                                                               
 Number 1370                                                                   
                                                                               
 CHAIR JAMES commented on the subsistence versus hunting issue of              
 deer in Ketchikan.  The decision to allow subsistence hunting only            
 was not based on science.                                                     
                                                                               
 Number 1459                                                                   
                                                                               
 MR. McKINLEY, Sr., replied according to ANILCA Ketchikan was                  
 considered an urban area.  The state managed the fish and game as             
 of today, however.  If the management was left up to the Natives as           
 they were taught through the generations they would not have a                
 problem managing the resources because they knew more than the                
 superior court judge who adjudicated the problem.  "If you see one            
 fish up stream, for example, we were taught to leave it alone."               
                                                                               
 MR. McKINLEY, Sr., further stated if the resources were scarce the            
 decision was left up to the Secretary of Interior and the state of            
 Alaska to enact the priority.  However, the politicians went with             
 the popular contest and decided not to put the gavel down for fear            
 of criticism.  As a result, it was snuck into ANILCA.  "If you had            
 left it to us, this topic would not be here today."                           
                                                                               
 Number 1712                                                                   
                                                                               
 REPRESENTATIVE DYSON said he was confused by the testimony of Mr.             
 McKinley, Sr.  He read clearly in his statement that the                      
 distribution of subsistence game should be based on ethnicity or              
 race -Natives only.  Later on, in seemed that subsistence priority            
 should be based on rural peoples including Natives and non-Natives.           
                                                                               
 Number 1786                                                                   
                                                                               
 MR. McKINLEY, Sr., replied in the event that the resources were               
 depleted then Natives and non-Natives in the rural communities                
 would have priority.                                                          
                                                                               
 Number 1820                                                                   
                                                                               
 REPRESENTATIVE DYSON asked Mr. McKinley, Sr., on what basis did he            
 want state resources - fish and game - to be distributed on the               
 basis of race?                                                                
                                                                               
 MR. McKINLEY, Sr., replied as an urban Juneau resident it should be           
 based on necessity for survival.                                              
 REPRESENTATIVE DYSON asked Mr. McKinley, Sr. regardless of race?              
                                                                               
 MR. McKINLEY, Sr., replied he did not know how to answer the                  
 question.                                                                     
                                                                               
 REPRESENTATIVE DYSON asked Mr. McKinley, Sr. to explain his                   
 testimony regarding the marriage of Native women to non-Native men.           
                                                                               
 MR. McKINLEY, Sr., replied his people did not want this type of law           
 at all because of Native women marrying non-Native men and vice               
 versa.  The off-spring would become our blood, therefore, we should           
 just leave it alone.  It was not our people who brought this                  
 subsistence issue out and he did not know where it came from                  
 either.  The only alternative was to provide input resulting in the           
 issue of today.                                                               
                                                                               
 Number 2215                                                                   
                                                                               
 DICK BISHOP, Executive Director, Alaska Outdoor Council (AOC), was            
 the next person to testify in Juneau.  The AOC was a statewide                
 organization of outdoor conservation user groups that supported               
 sound management of fish, game and habitats consistent with the               
 state constitution.  It promoted the safe and ethical use of                  
 firearms as well.  The council strongly supported at its meeting              
 recently to support HJR 21 because of the potential threat of a               
 federal take over in fisheries management to the extent that it had           
 taken over game management.  The council also supported HJR 21                
 because it identified Title VIII's elements of infringement on the            
 state's traditional rights and responsibilities to provide to its             
 citizens the benefits of fish and wildlife use.  It also supported            
 the resolution because it did not reject the recognition of                   
 subsistence embodied in the federal law.  It did not throw the                
 concept out; it modified it so that it would work and be fair.  The           
 AOC strongly supported the values associated with subsistence use             
 of wildlife and other renewable resources.  He became involved in             
 the issue in 1975.                                                            
                                                                               
 TAPE 97-40, SIDE A                                                            
 Number 0001                                                                   
                                                                               
 MR. BISHOP further stated that he became personally involved                  
 because there were no provisions that overlapped the areas of use             
 by Alaskans.  Unfortunately, he had not been able to let go since.            
 Subsistence was an issue that he got sick of over the years, but              
 never go tired of it.  The AOC strongly supported the values                  
 associated with subsistence uses.  He discussed a bill (HB 552)               
 that was introduced five years ago on behalf of Governor Hickel to            
 try to come up with a new version of the state subsistence law that           
 would work and fairly accommodate both subsistence uses and other             
 uses.  The difficulty was in conveying the idea and importance of             
 the value of subsistence to the legislature and to the public.  He            
 read the following findings from the bill:                                    
 "The legislature finds that there are Alaskans both Native and non-           
 Native who have a traditional, social, or cultural relationship to            
 and dependence upon the wild renewable resources produced by                  
 Alaskans land and water.  The harvest and use of fish and game for            
 personal and group consumption is an intricate part of those                  
 relationships.  Although, customs, traditions and beliefs vary,               
 these Alaskans share ideals of respect for nature, the importance             
 of using resources wisely and the value and dignity of a way of               
 life in which they use Alaska's fish and game for a substantial               
 portion of their sustenance.  This way of life is recognized as               
 subsistence.  Customary and traditional uses of Alaska's fish and             
 game originated with Alaskan Natives and had been adopted and                 
 supplemented by many non-Native Alaskans as well.  These uses,                
 among others, are culturally, socially, spiritually, and                      
 nutritionally important and provide a sense of identity for many              
 subsistence users."                                                           
                                                                               
 MR. BISHOP read the statement to reemphasize that the members of              
 the AOC appreciated and consider important the values associated              
 with subsistence uses.  It was not opposed to subsistence use or a            
 subsistence lifestyle.  He explained that only portions of HB 552             
 were incorporated into state law due to the opposition of AFN.                
 Other groups also opposed the bill, but the AFN was the principle             
 group that opposed it in the legislature even though it did not               
 affect federal law.  The AOC was a group that agreed with the bill.           
 However, the council had consistently been unwilling to negotiate             
 away sound conservation or fairness and allocation uniquely                   
 protected by Alaska's law.                                                    
                                                                               
 Number 0480                                                                   
                                                                               
 CHAIR JAMES asked Mr. Bishop if anyone who objected to amending the           
 constitution to include the term "rural" or supported the                     
 resolution by sending it to Washington D.C. could not be construed            
 to oppose subsistence in the bush areas?  In other words, was the             
 issue of whether or not the bush communities even had subsistence             
 argued by the public?  This was a dispute trenched into position              
 and neither side appeared to want to get off of their position and            
 assume the other position - amend ANILCA or amend the constitution.           
 The individuals who wanted to amend the constitution felt it was              
 the only way to protect their subsistence lifestyle.  She wondered,           
 therefore, if the individuals who wanted to amend ANILCA wanted to            
 do away with a subsistence lifestyle.                                         
                                                                               
 Number 0589                                                                   
                                                                               
 MR. BISHOP replied there were people who believed that there should           
 not be any priority whatsoever in state law for the use of fish and           
 game.  They took the terms "common use" and "equal protection"                
 literally.  Most people would say that if a family, for example,              
 was in need of those resources for its livelihood there ought to be           
 a way to accommodate it for its needs, especially if there were few           
 alternatives.  The idea, however, was muddled in ANILCA.  The AOC             
 believed that subsistence use was appropriate.  It did not need to            
 be institutionalized in law to accommodate and prioritize it,                 
 however.  There was no "rural priority" prior to 1978; it was                 
 simply a "priority".  The operation of fish and game boards and               
 departments attempted to accommodate the uses where needed.                   
 Personally, he felt that the majority of the people would support             
 the idea of a preference where there was a need for it.  Rural                
 preference was over inclusive because it included people in rural             
 Alaska who did not need a priority, and it was under inclusive                
 because it excluded people in urban Alaska who should be able to              
 exercise it.                                                                  
                                                                               
 Number 0775                                                                   
                                                                               
 DEAN PADDOCK, Executive Director, Bristol Bay Driftnetters                    
 Association, was the next person to testify in Juneau.  He was                
 deeply concerned about the issue addressed in HJR 21.  He had been            
 involved in either the management or utilization of wildlife                  
 resources since residency 42 years ago.  He was concerned                     
 financially as a representative of a commercial fishing group.  He            
 was also concerned emotionally as a long-term resident.  He                   
 admitted to being confused by the widely varying responses to the             
 resolution.  He saw Alaskans becoming more and more polarized which           
 troubled him.  Some said ANILCA was not broken while other said the           
 short comings were creating problems that would change the way                
 society functioned.  "I guess that you must number me in this group           
 because I feel that the preeminent concern here is that Alaskans              
 remain united as Alaskans."  He came to Alaska with scant knowledge           
 of her past, but with great hopes for her future.  He had lived for           
 20 years in rural Alaska before moving to Juneau.  His major                  
 concern was not financial but emotional and psychological.  He had            
 repeatedly looked at HJR 21 and he did not see it as anti-Native.             
 If it were anti-Native, he could not support it.  He supported a              
 subsistence priority where needed, but as a prior resource manager            
 he recognized that wildlife and fishery resources were finite.  He            
 also supported the direction of HJR 21 because the alternative                
 should not be acceptable to society and to all Alaskans.  The                 
 inter-racial marriage issue raised earlier was a fact.  "It is us.            
 For what it's worth in my veins you have the blood of Scottish                
 kings, German peasants, and French nobility.  I'll sell all of that           
 to you for 25 cents, the price of a cup of coffee upstairs."  He              
 did not know of any other way to get from where we were to where we           
 needed to go except by re-examining ANILCA.  He cited, the failure            
 to address the ambiguities of ANILCA would result in a federal                
 takeover of the management of Alaska's commercial fishery this                
 year.  Those who had knowledge of federal management prior to                 
 statehood, especially of the commercial fisheries, really would               
 want to go back.  Federal management was control from a far by                
 those academically concerned.  In other words, those who did not              
 really care.  The failure to address the shortcoming of ANILCA as             
 a major step towards the recolonization and Balkanization of Alaska           
 and an end to the prospects of going forward into a shinning future           
 with a strong and united Alaskan society.                                     
                                                                               
 CHAIR JAMES announced the bill would be held over until Tuesday,              
 April 15, 1997.                                                               
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 Number 1161                                                                   
                                                                               
 CHAIR JAMES adjourned the House State Affairs Standing Committee              
 meeting at 10:00 a.m.                                                         
                                                                               
                                                                               

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