04/17/2023 03:30 PM Senate RESOURCES

            SB  92-STATE OWNERSHIP OF SUBMERGED LAND                                                                        
                                                                                                                                
3:31:32 PM                                                                                                                    
CHAIR BISHOP  announced the consideration  of SENATE BILL  NO. 92                                                               
"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."                                                                                    
                                                                                                                                
He  noted  that there  was  an  amendment  for the  committee  to                                                               
consider.                                                                                                                       
                                                                                                                                
3:31:42 PM                                                                                                                    
CO-CHAIR  GIESSEL moved  to  adopt Amendment  1,  work order  33-                                                               
LS0536/B.2, for SB 92.                                                                                                          
                                                                                                                                
                                                 33-LS0536\B.2                                                                  
                                                      Bullard                                                                   
                                                      4/15/23                                                                   
                                                                                                                                
                          AMENDMENT 1                                                                                         
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE         BY SENATOR WIELECHOWSKI                                                                      
                                                                                                                                
     TO: CSSB 92( ), Draft Version "B"                                                                                          
                                                                                                                                
     Page 69, line 27:                                                                                                          
          Delete all material.                                                                                                  
                                                                                                                                
CO-CHAIR BISHOP objected for purposes of an explanation.                                                                        
                                                                                                                                
3:31:52 PM                                                                                                                    
CO-CHAIR  GIESSEL   explained  that   Amendment  1   removes  the                                                               
reference  to the  Mendenhall Lake  and Mendenhall  River because                                                               
title  in these  areas is  in dispute.  The State  of Alaska  has                                                               
filed a  quiet title  action against  the federal  government and                                                               
the case  is currently  being heard in  district court.  Once the                                                               
federal court has made a  decision on the quiet title litigation,                                                               
the Mendenhall  Lake and Mendenhall  River will be added  back to                                                               
the  list of  navigable rivers  and lakes  in federal  areas that                                                               
will be reported annually to the legislature.                                                                                   
                                                                                                                                
3:33:14 PM                                                                                                                    
SENATOR KAUFMAN wondered  how removing these areas  from the bill                                                               
would affect the ["SWFA"] numbers  running down the right side of                                                               
the list of areas DNR had identified as navigable.                                                                              
                                                                                                                                
CO-CHAIR   GIESSEL   answered   that  there   would   be   simple                                                               
renumbering.                                                                                                                    
                                                                                                                                
SENATOR  KAUFMAN asked  whether the  amendment should  cover that                                                               
point.                                                                                                                          
                                                                                                                                
CO-CHAIR GIESSEL responded that  the amendment certainly could be                                                               
amended to make that clear.                                                                                                     
                                                                                                                                
CO-CHAIR  BISHOP  suggested  a  statement  to  clarify  that  the                                                               
department would make such technical and conforming changes.                                                                    
                                                                                                                                
CO-CHAIR GIESSEL agreed.                                                                                                        
                                                                                                                                
3:34:13 PM                                                                                                                    
SENATOR  KAWASAKI  said that  caught  his  eye  as well,  and  he                                                               
wondered about the potential for dispute over other areas.                                                                      
                                                                                                                                
3:34:34 PM                                                                                                                    
CO-CHAIR  BISHOP  removed  his   objection;  finding  no  further                                                               
objection Amendment 1 was adopted. He solicited a motion.                                                                       
                                                                                                                                
3:34:42 PM                                                                                                                    
CO-CHAIR GIESSEL  moved to report  the CS  for SB 92,  work order                                                               
33-LS0536\B   as   amended,   from  committee   with   individual                                                               
recommendations and attached fiscal note(s).                                                                                    
                                                                                                                                
3:35:03 PM                                                                                                                    
CO-CHAIR BISHOP found no objection  and CSSB 92(RES) was reported                                                               
from the Senate Resources Standing Committee.