Legislature(2003 - 2004)

04/22/2004 08:08 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         April 22, 2004                                                                                         
                           8:08 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bruce Weyhrauch, Chair                                                                                           
Representative Jim Holm, Vice Chair                                                                                             
Representative Bob Lynn                                                                                                         
Representative Paul Seaton                                                                                                      
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative John Coghill                                                                                                     
Representative Ethan Berkowitz                                                                                                  
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
^OVERVIEW OF LAWSUIT: ALASKA VS. U.S.                                                                                         
                                                                                                                                
TAPES                                                                                                                         
                                                                                                                                
04-67, SIDE(S) A & B                                                                                                            
                                                                                                                                
CHAIR BRUCE  WEYHRAUCH convened  the meeting  of the  House State                                                             
Affairs  Standing   Committee  at  8:08  a.m.     Representatives                                                               
Weyhrauch, Holm, Lynn, Seaton, and  Gruenberg were present at the                                                               
call to order.                                                                                                                  
                                                                                                                                
SUMMARY OF INFORMATION                                                                                                        
                                                                                                                                
JOANNE GRACE,  Co-Counsel on the  case State vs.  U.S., explained                                                             
that the  case was filed  by the State  of Alaska in  November of                                                               
1999  to [obtain  the] quiet  title to  all the  lands underlying                                                               
marine  waters in  Southeast Alaska.   It  is an  original action                                                               
filed  in the  U.S.  Supreme Court.    Coastal boundary  disputes                                                               
between individual  state's and  the United  States can  be filed                                                               
directly with  the Supreme  Court.   A Special  Master [Professor                                                               
Gregory Mags]  has been  appointed by the  Supreme Court  to hear                                                               
testimony  on  this  case  and  provide  recommendations  to  the                                                               
Supreme Court.   There are  four counts in the  complaint: Counts                                                               
one and two require determination  of the seaward boundary of the                                                               
State of  Alaska and  counts three  and four  deal with  title to                                                               
submerged lands  in land  reservations created  before statehood,                                                               
specifically,  the  Tongass  National   Forest  and  Glacier  Bay                                                               
National Monument.                                                                                                              
                                                                                                                                
MS. GRACE thoroughly  discussed all aspects of the  case that she                                                               
can  at  this point.    Since  there  is  not yet  a  settlement,                                                               
strategy was not part of the discussion.                                                                                        
                                                                                                                                
LAURA BOTTGER, Co-Counsel with Ms.  Grace, responded to a comment                                                               
from Representative  Seaton by  saying that  the State  of Alaska                                                               
provided prominent  and compelling evidence regarding  the United                                                               
States' position on the inland water status.                                                                                    
                                                                                                                                
CHAIR  WEYHRAUCH asked  about count  three in  which the  federal                                                               
government  conceded  to  the  state on  the  boundaries  of  the                                                               
Tongass National Forest.                                                                                                        
                                                                                                                                
MS.  GRACE provided  general information  on  how the  concession                                                               
came about.   In further  response to Chair Weyhrauch,  Ms. Grace                                                               
specified  that  one  other [entity]  besides  the  Sierra  Club,                                                               
Wilderness Society,  and the  National Wildlife  Federation filed                                                               
an  Amicus briefs  in the  case other  than those  by the  Sierra                                                               
Club, Wilderness  Society, and the National  Wildlife Federation,                                                               
but the  Special Master recommended against  intervention and the                                                               
[entity] was not allowed to intervene in the case.                                                                              
                                                                                                                                
MS.  GRACE  asked for  clarification  of  a question  from  Chair                                                               
Weyhrauch  regarding the  potential negative  precedential impact                                                               
of this decision if the  Supreme Court upholds the Special Master                                                               
to the navigable waters all over the State.                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH referred  to  the donut  hole  issues, tugs  and                                                               
barges hauling  freight up the  inland passage, cruise  ships and                                                               
ships that  have fishing  operations in  those waters,  and asked                                                               
what the potential negative impact  would be if the Supreme Court                                                               
upholds the Special Master.                                                                                                     
                                                                                                                                
MS. GRACE  specified that the impact  of the donut holes  is that                                                               
those areas are  not within the State of  Alaska, therefore, they                                                               
are under  federal jurisdiction even  though the State  of Alaska                                                               
has fisheries management jurisdictions of the donut holes.                                                                      
                                                                                                                                
MS. BOTTGER turned to Chair  Weyhrauch's inquiry as to the recent                                                               
statement  by  U.S.  Senator Leiberman  questioning  the  state's                                                               
jurisdiction,  Alaska  ownership,  over riverbeds  in  the  Yukon                                                               
Flats National  Wildlife Refuge.   She said this case  deals only                                                               
with marine waters, and therefore it doesn't touch on that area.                                                                
                                                                                                                                
MS. GRACE,  in response  to Chair  Weyhrauch, explained  that the                                                               
Supreme Court  takes, as  original actions,  only a  very limited                                                               
category of cases,  cases that it believes  cannot be adjudicated                                                               
in a  local district  court.   The state would  have to  file the                                                               
suit as the  plaintiff, she noted.  In further  response to Chair                                                               
Weyhrauch,  Ms. Grace  said there  is one  pending case  filed 10                                                               
years ago,  which is the  Peratrovich Case.  "Their"  position is                                                               
that  those lands  underlying the  marine waters  in the  Tongass                                                               
National  Forest are  federally owned,  and therefore  are public                                                               
lands  under the  definition of  Alaska  National Interest  Lands                                                               
Conservation  Act   (ANILCA)  for   the  purposes  of   Title  8.                                                               
Plaintiffs  in that  case are  of the  opinion that  if they  are                                                               
public lands under Title 8,  then subsistence priority applies to                                                               
those  lands and  the Federal  Subsistence Board  would have  the                                                               
authority to manage all the fisheries in Southeast Alaska.                                                                      
                                                                                                                                
ANNOUNCEMENTS                                                                                                                 
                                                                                                                                
There were no announcements.                                                                                                    
                                                                                                                                
COMMITTEE ACTION                                                                                                              
                                                                                                                                
The committee took no action.                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
CHAIR WEYHRAUCH adjourned the hearing at 8:42 a.m.                                                                              
                                                                                                                                
NOTE:  The  meeting was recorded.   A copy of the  tape(s) may be                                                               
obtained  by  contacting  the  House   Records  Office  at  State                                                               
Capitol, Room  3, Juneau, Alaska  99801 (mailing  address), (907)                                                               
465-2214,  and after  adjournment of  the second  session of  the                                                               
Twenty-Third  Alaska State  Legislature this  information may  be                                                               
obtained  by  contacting  the Legislative  Reference  Library  at                                                               
(907) 465-3808.                                                                                                                 

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