00 HOUSE JOINT RESOLUTION NO. 17 01 Encouraging Coeur Alaska, Inc., to pursue all legal options to resolve the issues 02 presented in Southeast Alaska Conservation Council v. United States Army Corps of 03 Engineers on behalf of itself and consistent with the state's efforts to enforce its rights as 04 a state over its resources; and requesting the United States Court of Appeals for the 05 Ninth Circuit to adjudicate those matters that come before the court in a fair and 06 impartial manner so that the state's natural resources can be developed in a timely and 07 lawful manner. 08 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 WHEREAS the state is rich in natural resources and is dependent on the development 10 of those resources for its well-being; and 11 WHEREAS the policy of the federal government expressed in 30 U.S.C. 21a is to 12 foster and encourage private enterprise in the development of economically sound and stable 13 domestic mining, minerals, metal, and mineral reclamation industries; and 14 WHEREAS the United States District Court for the District of Alaska found that the 01 decision of the United States Army Corps of Engineers to allow the disposal of tailings from 02 the proposed Kensington Mine into Lower Slate Lake is consistent with the requirements of 03 the Clean Water Act; and 04 WHEREAS the United States Court of Appeals for the Ninth Circuit stated in an 05 order issued in Southeast Alaska Conservation Council v. United States Army Corps of 06 Engineers, Case No. 06-35679, that the court intends to reverse and vacate the Record of 07 Decision authorizing the use of Lower Slate Lake as a disposal facility, and remand the case 08 to the district court with instructions to enter summary judgment in favor of Southeast Alaska 09 Conservation Council; and 10 WHEREAS the United States Court of Appeals for the Ninth Circuit has 11 demonstrated a pattern of antidevelopment decision making that has injured the people of this 12 state, and it is anticipated that the court will continue that pattern into the foreseeable future; 13 BE IT RESOLVED that the Alaska State Legislature encourages Coeur Alaska, Inc., 14 to pursue all legal options, including an appeal to the United States Supreme Court, to resolve 15 the issues presented in Southeast Alaska Conservation Council v. United States Army Corps 16 of Engineers, Case No. 06-35679, on behalf of itself and consistent with the state's efforts to 17 enforce its rights as a state over its resources; and be it 18 FURTHER RESOLVED that the Alaska State Legislature respectfully requests the 19 United States Court of Appeals for the Ninth Circuit to adjudicate those matters that come 20 before the court in a fair and impartial manner so that the state's natural resources may be 21 developed in a timely and lawful manner. 22 COPIES of this resolution shall be sent to the Honorable George W. Bush, President 23 of the United States; the Honorable Richard B. Cheney, Vice-President of the United States 24 and President of the U.S. Senate; the Honorable Nancy Pelosi, Speaker of the U.S. House of 25 Representatives; the Honorable Mary M. Schroeder, Chief Judge, United States Court of 26 Appeals for the Ninth Circuit; the Honorable Arnold Schwarzenegger, Governor of 27 California; the Honorable Fabian Nunez, Speaker of the Assembly, California State 28 Assembly; the Honorable Don Perata, Senate President Pro Tem, California State Assembly; 29 the Honorable Ted Kulongoski, Governor of Oregon; the Honorable Peter Courtney, Senate 30 President, Oregon State Legislature; the Honorable Jeff Merkley, Speaker of the House, 31 Oregon State Legislature; the Honorable Chris Gregoire, Governor of Washington; the 01 Honorable Frank Chopp, Speaker of the House, Washington State Legislature; the Honorable 02 Brad Owen, Lieutenant Governor and Senate Speaker, Washington State Legislature; the 03 Honorable Janet Napolitano, Governor of Arizona; the Honorable Timothy S. Bee, Senate 04 President, Arizona State Legislature; the Honorable Jim Weiers, Speaker of the House, 05 Arizona State Legislature; the Honorable Brian A. Schweitzer, Governor of Montana; the 06 Honorable Mike Cooney, Senate President, Montana State Legislature; the Honorable Scott 07 Sales, Speaker of the House, Montana State Legislature; the Honorable C. L. "Butch" Otter, 08 Governor of Idaho; the Honorable Jim Risch, Lieutenant Governor and Senate President, 09 Idaho Legislature; the Honorable Lawerence Denney, Speaker of the House, Idaho 10 Legislature; the Honorable Jim Gibbons, Governor of Nevada; the Honorable Brian Krolicki, 11 Lieutenant Governor and Senate President, Nevada Legislature; the Honorable Barbara 12 Buckley, Speaker of the House, Nevada Legislature; the Honorable Linda Lingle, Governor of 13 Hawaii; the Honorable Colleen Hanabusa, Senate President, Hawaii State Legislature; the 14 Honorable Calvin K. Y. Say, Speaker of the House, Hawaii State Legislature; the Honorable 15 Felix P. Camacho, Governor of Guam; the Honorable Mark Forbes, Senate Speaker, Guam 16 Legislature; the Honorable Madeleine Z. Bordallo, U.S. Representative from Guam; the 17 Honorable Benigno R. Fitial, Governor of the Northern Marianas; the Honorable Joseph M. 18 Mendiola, Senate President, Saipan and Northern Islands Legislative Delegation; the 19 Honorable Oscar M. Babauta, Speaker of the House, Saipan and Northern Islands Legislative 20 Delegation; the Honorable Senator Pete P. Reyes, Chairman, Saipan and Northern Islands 21 Legislative Delegation; the Honorable Representative Ramon A. Tebuteb, Vice-Chairman, 22 Saipan and Northern Islands Legislative Delegation; the Honorable Jeff Bingaman, Chair of 23 the U.S. Senate Committee on Energy and Natural Resources; the Honorable Nick J. Rahall 24 II, Chair of the U.S. House Committee on Natural Resources; the Honorable Sarah Palin, 25 Governor of Alaska; and the Honorable Tom Irwin, Commissioner, Department of Natural 26 Resources; and the Honorable Ted Stevens and the Honorable Lisa Murkowski, U.S. 27 Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska 28 delegation in Congress.