CSHJR 60(RES) RS 2477 HIGHWAY RIGHTS OF WAY  CHAIRMAN LEMAN brought CSHJR 60(RES) before the committee as the next order of business. WALT WILCOX , staff to Representative Jeannette James who chairs the House State Affairs committee, explained RS 2477 relates to a federal law that provides for rights-of-way for construction of highways over public lands that are not reserved for public use. In 1976 Congress repealed the RS 2477 but reserved existing rights- of-way created under the statute. The U.S. Department of Interior is attempting to administratively rescind the long standing and widely accepted interpretation of RS 2477 by adopting regulations restrictively defining key statutory terms contrary to the intent of Congress and virtually eliminating RS 2477 rights-of-way in the state of Alaska. He noted legislation has been introduced in Congress to preserve the long-standing judicial and executive interpretations of the RS 2477 and to protect existing rights-of- way previously granted by the federal government. HJR 60 supports passage of the legislation being considered by Congress. Referring to the further resolved clause in the resolution, Mr. Wilcox said it is the sponsor's understanding that perhaps 10 years would be a better idea than using a reasonable period for the assertion, recognition, and determination of the existence of RS 2477 rights-of-way. Mr. Wilcox also pointed out this only relates to public lands, not Native claims or private lands. Number 115 SENATOR LINCOLN noted the Tyonek Native Corporation has written a letter relating to their concern about the RS 2477 crossing through an old village cemetery site. CHAIRMAN LEMAN said he has read the letter and understands the concern. He pointed out the RS 2477 says that state law will determine how this is to be implemented, so it is really a matter of state law, not of federal law. He added that in that particular situation, without prejudging all the merits of it, he would guess that if it is as stated by the Tyonek Native Corporation, the state would conclude that it would not want to assert that right, and if there is need for an access, it would do it a different way. Number 190 CHAIRMAN LEMAN referred to the resolve clause on page 3, lines 8 & 9, which is asking for a reasonable period of time and a process for making these assertions. He suggested amending it to insert 10 years to be consistent with testimony that has already been offered before Congress. MR. WILCOX voiced Representative James' endorsement of the amendment. SENATOR FRANK moved that on page 3, line 9, delete the word "reasonable" and insert "10-year" in its place. Hearing no objection, the Chairman stated the amendment was adopted and would be incorporated into a Resources SCS. BILL PERHACH , representing the Alaska Environmental Lobby, read into the record their position paper in opposition to CSHJR 60(RES). Number 380 SENATOR PEARCE moved SCS CSHJR 60(RES) and the zero fiscal note be passed out of committee with individual recommendations. Hearing no objection, it was so ordered.