04/21/2023 01:00 PM House RESOURCES

            HB 98-STATE OWNERSHIP OF SUBMERGED LAND                                                                         
                                                                                                                                
[Contains discussion of SB 92.]                                                                                                 
                                                                                                                                
1:49:40 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced  that the final order of  business would be                                                               
HOUSE  BILL  NO. 98,  "An  Act  relating  to state  ownership  of                                                               
submerged land  underlying navigable water within  the boundaries                                                               
of and adjacent to federal  areas; and providing for an effective                                                               
date."                                                                                                                          
                                                                                                                                
1:50:04 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY opened public testimony on HB 98.                                                                                   
                                                                                                                                
1:50:39 PM                                                                                                                    
                                                                                                                                
CRAIG COMPEAU,  representing self, testified  in favor of  HB 98.                                                               
He shared that he  has been living in Alaska for  62 years and in                                                               
these  years  only  9  percent of  rivers  have  been  designated                                                               
navigable.  He  expressed the desire that 2023 would  be the year                                                               
"we  are finally  taking  control  of what  we  were promised  at                                                               
statehood,"   which   includes   ownership  of   submerged   land                                                               
underlying navigable waters.                                                                                                    
                                                                                                                                
1:53:57 PM                                                                                                                    
                                                                                                                                
KIM  REITMEIER, President,  Regional  Association, Alaska  Native                                                               
Claims Settlement  Act (ANCSA),  testified in  support of  HB 98.                                                               
She explained that  ANCSA had allowed 44 million  acres to return                                                               
to  Alaska  Native  regional  villages  and  corporations.    She                                                               
encouraged the committee to allow  time for private landowners to                                                               
work with  the Division of  Natural Resources to ensure  that the                                                               
legislation would  not cause  unintended consequences  to private                                                               
landowners like Alaska Native corporations.                                                                                     
                                                                                                                                
1:56:36 PM                                                                                                                    
                                                                                                                                
MIKE TINKER,  representing self, testified  in support of  HB 98.                                                               
He expressed  concern about federal  overreach of  Alaska waters.                                                               
He expressed  the understanding that  the federal  government has                                                               
held Alaska to different standards,  and he referred to the equal                                                               
footing doctrine.  Mr. Tinker  pointed out the U.S. Supreme Court                                                               
ruling on Sturgeon v. Frost II  587 U.S., 2016.  He discussed how                                                             
the National Park Service has yet  to change any regulations.  He                                                               
urged  that  [Revised Statute  2477,  Section  8 of  the  federal                                                               
Mining  Act   of  1866]  is   important  legislation   to  review                                                               
concerning federal lands abutting waterways.                                                                                    
                                                                                                                                
1:59:02 PM                                                                                                                    
                                                                                                                                
CAROL RUSHMORE, Economic Director,  City and Borough of Wrangell,                                                               
testified in support of  HB 98.  She said the  Stikine River is a                                                               
significant  navigable water  in Southeast  Alaska, as  it is  an                                                               
important  subsistence, recreation,  and  economic  area for  the                                                               
people of Wrangell.  She said  the Stikine River has been tied up                                                               
for  years with  disclaimers  of interest  and determinations  of                                                               
waterways  between  the U.S.  Forest  Service  and other  federal                                                               
entities.    She  suggested  that passing  HB  98  would  finally                                                               
formalize  the  rights  of Alaskans  to  "enjoy  their  waterways                                                               
unhampered."                                                                                                                    
                                                                                                                                
2:01:22 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY noted that SB 92  is the companion bill still held in                                                               
the Senate,  and it  is pending referral  to the  House Resources                                                               
Standing Committee.                                                                                                             
                                                                                                                                
2:01:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  brought  up  concerns  on  SB  92.    He                                                               
mentioned that Mendenhall Lake is  currently under litigation and                                                               
should be  removed from  the list.   He expressed  concerns about                                                               
the bill's  possible effect  on private  property.   He suggested                                                               
that amendments could  make it explicitly clear that  SB 92 would                                                               
not affect private property.                                                                                                    
                                                                                                                                
2:03:37 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced HB 98 was held over.