HCR 10-OPPOSE FED. CONTROL OF STATE LAND & WATER   1:42:03 PM CO-CHAIR JOHNSON announced that the next order of business would be, HOUSE CONCURRENT RESOLUTION NO. 10, Urging the Governor to file an action to restrain the United States Department of the Interior, National Park Service, from intruding on the sovereign right of the state to exercise jurisdiction over navigable water and submerged land and urging the Governor to allocate sufficient resources to the Department of Law, the Department of Natural Resources, and the Department of Fish and Game to defend the state's right to manage the public use of its navigable water. 1:43:09 PM REPRESENTATIVE MIKE HAWKER, Alaska State Legislature, noted that the issue addressed by HCR 10 - protecting Alaska's jurisdiction over navigable water and submerged land - was brought to his attention by a constituent. He said his research of Alaska's statehood rights found that the ownership of submerged lands and navigable waters is guaranteed to the state and the state has the providence over these; however, the federal government has consistently tried to usurp those rights. It is incumbent upon legislators to defend the state's land rights and land claims process from federal government actions that have been infringing upon the right to manage those lands, he said. REPRESENTATIVE HAWKER drew attention to a February 13, 2009, letter from the Citizens' Advisory Commission on Federal Areas to the state's acting attorney general. He read the first sentence of the letter: "In 1996, over the strong objections of the State of Alaska and others, the National Park Service adopted regulations which improperly extended its management and enforcement authorities over state owned navigable waters within units of the National Park System." This federal encroachment on Alaska's sovereign right to manage its land resources is the problem, he argued. REPRESENTATIVE HAWKER said that while the State of Alaska has been pursuing its title to submerged lands and navigable waters, it has not been quite as diligent in protecting its right to those submerged lands and navigable waters. Thus, HCR 10 urges the governor to take legal action now to stop this preemption of Alaska's rights. He pointed out that there is a technical amendment that would urge the governor to take any and all appropriate legal actions, including legal status, he added. 1:46:41 PM CO-CHAIR NEUMAN understood people were using submerged lands on the Yukon River for float planes, boat launching, and driving four-wheelers were issued citations by the National Park Service. He asked Representative Hawker to expand on this point of contention. REPRESENTATIVE HAWKER deferred to John Sturgeon, the constituent who brought this issue to his attention and who is on line to testify. REPRESENTATIVE TUCK inquired about the zero fiscal note given that HCR 10 asks for action to be taken. REPRESENTATIVE HAWKER replied that there is a budget allocation inside the Department of Law for an entire section called "Statehood Defense"; therefore it is already funded through the annual appropriations process. He said the resolution will remind the staff in this section of how important this is to the legislature and to continue to pursue their work. 1:49:13 PM CO-CHAIR JOHNSON opened public testimony on HCR 10. JOHN STURGEON said he is a business owner and has been in Alaska's forest products industry for the last 39 years. He spoke in support of HCR 10 on behalf of himself as an outdoors sportsman. He testified as follows: The State of Alaska is incrementally losing one of its most cherished and valuable sovereign rights - the right to manage its navigable waters. Management of portions of rivers, such as the Yukon River, are being taken away by the federal government. The State of Alaska must take strong and decisive action immediately or watch while it loses forever hundreds of miles of rivers, thousands of lakes, and thousands of miles of tideland. Under equal footing doctrine, the statehood act, and a submerged land act, the state assumed ownership at statehood of submerged lands of navigable waters between ordinary high water marks and below mean high tide. The state acquired the full power and control over navigable waters of the state regardless of the ownership for watercraft use, mining, recreation, commerce, et cetera, except for when Congress specifically reduces a state's authority. An example of that would be the Coast Guard when it comes to a boating regulation for safety purposes. The state's constitution, statutes, and regulations clearly say the state owns and manages these submerged lands and navigable waters and its citizens have free and unrestricted access, unless restricted under regulations authorized by the state legislature. Alaska's law could not be clearer on this issue. In addition, ANILCA [Alaska National Interest Lands Conservation Act], under section 103(c), states that regulations adopted for national parks only apply to the federal lands and not state or private lands within those designated areas, and navigable waters are considered ... state lands within those ANILCA- designated areas. Beginning in 1996, the ... National Park Service placed another layer of regulation over the State of Alaska's management on these navigable waters. MR. STURGEON cited several examples of federal regulation that he personally knows about on the Yukon River. He said the actions of the National Park Service are, in effect, voiding the state's legitimate jurisdiction on its navigable waters, and he is therefore urging the legislature to help stop this by passing HCR 10. 1:54:07 PM ROD ARNO, Executive Director, Alaska Outdoor Council, supported HCR 10 on behalf of the council's 2,500 individual members and 48 clubs. He related that in 1996 the National Park Service determined this was simply a clarification of a prior law, and since then it has frequently attempted to use this regulation to further restrict access in numerous areas of the state. Alaska is a unique area due to its lack of infrastructure and roads, he said, therefore this access on navigable waters is extremely important to all Alaskans, and particularly to members of the council. He applauded Representative Hawker for listening to his constituent and putting forth HCR 10. 1:56:19 PM STAN LEAPHART, Executive Director, Citizens' Advisory Commission on Federal Areas, explained that the commission is charged with determining the impact of federal management, agency actions, regulations, and management decisions on the citizens of the State of Alaska. He related that Mr. Sturgeon testified before the commission's November [2008] meeting in regard to this issue. After subsequent follow-up work, the commission determined it should recommend to the attorney general's office and the governor that the state takes the necessary action to resolve this issue. MR. LEAPHART stated that ANILCA has some very specific language that allows access to rivers and lakes. He said the commission believes the state's authority to regulate its waters should not be impeded by the provisions of ANILCA, nor should they be impeded by National Park Service regulations. So far the National Park Service has been constrained in enforcing these regulations over the past 12 years, but there is evidence that this may be changing as seen by the increasing number of citations issued to people engaged in activities that are lawful under state regulations. MR. LEAPHART expressed the commission's concern that if the National Park Service's regulations are allowed to stand, other federal land management agencies might decide to promulgate the same restrictive regulations. Such action would affect millions of acres of federal lands within national wildlife refuges, national forests, and wild and scenic river areas, he said; thus, the commission supports HCR 10. 2:00:53 PM SCOTT HAMANN maintained it is time for Alaskans to assert their rights. He said he agrees with all of the previous testimony and urged that HCR 10 be moved forward. CO-CHAIR JOHNSON closed public testimony after ascertaining that no one else wished to testify. CO-CHAIR NEUMAN moved that the committee adopt [Conceptual] Amendment 1, as follows: Page 2, line 17, following "by the state,": Delete "issuing citations to placer miners that have valid state permits," Page 2, line 25, following "the Governor to": Delete "file suit against the United States Department of the Interior, National Park Service," Insert "pursue all available legal options" REPRESENTATIVE SEATON objected for discussion purposes. SENATOR OLSON objected for discussion purposes. REPRESENTATIVE GUTTENBERG objected for discussion purposes. 2:03:21 PM REPRESENTATIVE SEATON offered the following friendly amendment to Amendment 1: Page 1, line 1, following "Governor to": Delete "file an action" Insert "pursue all legal options" CO-CHAIR JOHNSON, after ascertaining there was no objection, announced that the friendly amendment to [Conceptual] Amendment 1 has passed. [Conceptual] Amendment 1, as amended, was now before the committee. REPRESENTATIVE SEATON asked whether Amendment 1 was offered as a conceptual amendment. CO-CHAIR JOHNSON understood Amendment 1 to be conceptual even though Co-Chair Neuman did not state it as such. REPRESENTATIVE SEATON withdrew his objection. SENATOR OLSON withdrew his objection. REPRESENTATIVE GUTTENBERG withdrew his objection. CO-CHAIR JOHNSON, after ascertaining there was no objection, announced that Conceptual Amendment 1, as amended, has passed. He said HCR 10 was now before the committee. 2:04:45 PM REPRESENTATIVE GUTTENBERG offered his opinion that the National Park Service's long-term goal is to eliminate all human habitation from a particular area along the Yukon River, despite there being human presence in this area since the Gold Rush. He said he therefore thinks HCR 10 is appropriate. CO-CHAIR NEUMAN moved to report HCR 10, as amended, out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, CSHCR 10(RES) was reported from the House Resources Standing Committee.