Legislature(2003 - 2004)
04/22/2004 08:08 AM House STA
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* first hearing in first committee of referral
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+ 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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