96

LR036

Resolve: LR036

Source Root: HJR036

Year: 1996

Source Bill: HJR 30

Relating to an amendment to the Constitution of the United States prohibiting federal courts from ordering a state or a political subdivision of a state to increase or impose taxes.

WHEREAS federal courts have ordered a state or political subdivision of a state to levy or increase taxes; and

WHEREAS such an order violates fundamental principles of separation of powers under which the legislative branch is charged with the enactment of laws; and

WHEREAS such an order, coming from a federal court, severely undermines the independence of each of the states;

BE IT RESOLVED by the Alaska State Legislature that the Congress of the United States is requested to prepare and present to the legislatures of all the states an amendment to the Constitution of the United States that would prohibit a federal court from ordering a state or political subdivision of a state to increase or impose taxes in substantially the following language:

Neither the Supreme Court nor any inferior court of the United States shall have the power to instruct or order a state or political subdivision thereof, or an official of such state or political subdivision, to levy or increase taxes.

; and be it

FURTHER RESOLVED that the legislatures of all the states are invited to join with Alaska to secure ratification of the proposed amendment.

COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the United States; the Honorable Al Gore, Jr., Vice-President of the United States and President of the U.S. Senate; the Honorable Strom Thurmond, President Pro Tempore of the U.S. Senate; the Honorable Newt Gingrich, Speaker of the U.S. House of Representatives; to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress; and to the governors and presiding officers of the houses of the legislatures of each of Alaska's sister states.

LR037

Resolve: LR037

Source Root: HJR038

Year: 1996

Source Bill: SCS CSHJR 38 (RLS) am S

Relating to reauthorization of the Magnuson Fishery Conservation and Management Act.

WHEREAS the Magnuson Fishery Conservation and Management Act (Act) established a fishery conservation zone, now known as the exclusive economic zone (EEZ), out to 200 miles from the shoreline of Alaska and the other states to protect, conserve, and manage the extensive fisheries resources of the continental shelf; and

WHEREAS coastal communities of Alaska lie adjacent to, and depend upon, the fishery resources of the federally managed EEZ in the Bering Sea, Gulf of Alaska, and North Pacific Ocean off Alaska; and

WHEREAS the Act provides for the management of the fishery resources of the EEZ through regional fishery management councils and by the National Marine Fisheries Service; and

WHEREAS, in October 1995, the United States House of Representatives overwhelmingly passed H.R. 39, Congressman Don Young's bill to reauthorize the Act, with strong conservation provisions and language protecting Alaska's family fishing operations, and the United States Senate is currently considering the reauthorization of the Act; and

WHEREAS several issues of national and regional importance are being considered as part of the reauthorization process for the Act;

BE IT RESOLVED that the Alaska State Legislature respectfully requests the Congress to reauthorize the Magnuson Fishery Conservation and Management Act with the following provisions to

(1) authorize the regional fishery management councils to minimize the bycatch of unwanted species, sizes, or sexes of fishery resources and to promote full utilization of fishery resources;

(2) prohibit regional fishery management councils from setting fishing levels above the sustainable yield, and require the councils to establish measurable and objective criteria to determine what constitutes overfishing in a fishery while also establishing rebuilding programs for a fishery that meets the criteria for overfishing;

(3) request that the National Marine Fisheries Service work with the regional fishery management councils on conservation and management measures to protect essential fisheries habitat from adverse effects;

(4) establish reasonable restrictions on direct, personal, and financial conflicts of interest by members of the regional fishery management councils, provided that those restrictions recognize that minor insignificant conflicts are inevitable and acceptable given the nature of the membership of the regional fishery management councils;

(5) establish a moratorium, for the duration of this reauthorization of the Act, upon the establishment and implementation of individual fishery quota systems for federally managed fisheries and a prohibition against the development of a new individual fishery quota system for the duration of this reauthorization of the Act;

(6) provide a portion of the annual harvest in a fishery subject to individual fishery quotas for entry level fishermen or small vessel owners who do not hold individual fishery quotas;

(7) require a portion of any fees or rents collected from federally managed fisheries be distributed to the adjacent coastal states for fishery conservation and management purposes;

(8) require that any federal fee system for federally managed fisheries allow a deduction for other local, state, and federal fishing fees and taxes that are paid by fishermen;

(9) amend 16 U.S.C. 1856 to authorize the extension of state jurisdiction into the exclusive economic zone when a North Pacific Fishery Management Council fishery management plan does not exist; and

(10) authorize the establishment and implementation of community development quota or community protection set-aside programs for the Bering Sea and Aleutian Islands areas to aid fishery development and recognize the economic dependence of coastal communities upon fishing; and be it

FURTHER RESOLVED by the Alaska State Legislature that fees, taxes, or royalties levied on the harvesting or processing of fishery resources in the exclusive economic zone must recognize and give credit for other federal, state, and local fees, taxes, and royalties also levied on those same activities and that revenue derived from fees, taxes, or royalties levied on the harvesting or processing of fishery resources in the exclusive economic zone be utilized for the management, enforcement, research, and administration of fishery programs in the areas where the revenue was derived; and be it

FURTHER RESOLVED by the Alaska State Legislature that the National Marine Fisheries Service should receive the funding necessary to provide the regional fishery management councils with sufficient biological information to implement controls against overfishing and with the research needed to understand and manage fishery resources; and be it

FURTHER RESOLVED that the Alaska State Legislature respectfully opposes any proposal to alter the established composition of the North Pacific Fishery Management Council.

COPIES of this resolution shall be sent to the Honorable Frank Murkowski, Chair, United States Senate, Committee on Energy and Natural Resources; the Honorable Don Young, Chair, United States House of Representatives, Committee on Resources; and to the Honorable Ted Stevens, Chair, United States Senate Subcommittee on Oceans and Fisheries of the Committee on Commerce, Science, and Transportation.

LR038

Resolve: LR038

Source Root: HJR043

Year: 1996

Source Bill: CSHJR 43(FSH)

Relating to commercial fishing and subsistence use in Glacier Bay National Park.

WHEREAS the National Park Service is currently addressing the issue of subsistence use and commercial fishing in Glacier Bay National Park (Park) and is considering the status of subsistence use and commercial fishing in the park; and

WHEREAS subsistence use and commercial fishing have occurred in the Park since before it was established as a national monument in 1925 up to the present day; and

WHEREAS the National Park Service currently does not recognize the right of residents of Hoonah and other local communities to use the area now included in the Park for subsistence use, as their ancestors had done for generations; and

WHEREAS the prohibition of subsistence use and commercial fishing in the Park would have disastrous and widespread economic, environmental, and social consequences for the fishermen of Southeast Alaska and the communities in which they reside; and

WHEREAS the continued subsistence and commercial use of fisheries resources within the navigable waters of the Park are desirable and are environmentally compatible with the purposes of the Park; and

WHEREAS the harvest of fisheries resources in the Park is conservatively managed by the Alaska Board of Fisheries and the Alaska Department of Fish and Game to promote the sustained health of the fish stocks; and

WHEREAS migratory species of fish that do not originate in the Park constitute the majority of the fish harvested within the Park; a portion of the salmon harvested in the Park is the result of salmon enhancement and rehabilitation efforts by the State of Alaska and private nonprofit aquaculture associations; and

WHEREAS the National Park Service must administer the Park subject to existing rights, statutes, and regulations; and

WHEREAS National Park Service regulations specifically provide for commercial sport fishing activities and for the use of large tour ships within the Park; and

WHEREAS the State of Alaska has a claim to ownership of the submerged lands and navigable waters of the Park; and

WHEREAS the State of Alaska exercises management authority over fishery resources of the Park; and

WHEREAS issues relating to state and federal jurisdiction in the Park have not been resolved; and

WHEREAS subsistence use and commercial fishing in the Park do not threaten Park resources, visitor enjoyment of Park resources, or whale habitat in the Park;

BE IT RESOLVED that the Alaska State Legislature respectfully requests the National Park Service to work with the state, other federal agencies, and affected parties to study the resources in Glacier Bay National Park and the effect of sport and commercial fishing, subsistence use, and tourism on these resources; and be it

FURTHER RESOLVED that the National Park Service, if it promulgates regulations,

(1) authorize continued commercial fishing under the laws of the State of Alaska within the marine waters of Glacier Bay National Park; and

(2) expressly provide for subsistence uses in the Park.

COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the United States; the Honorable Bruce Babbitt, Secretary of the U.S. Department of the Interior; Roger G. Kennedy, Director, National Park Service, U.S. Department of the Interior; Robert Barbee, Alaska Regional Director, National Park Service, U.S. Department of the Interior; and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.

LR039

Resolve: LR039

Source Root: HJR024

Year: 1996

Source Bill: CSHJR 24(FSH)

Relating to reduction of wanton waste in North Pacific Ocean and Bering Sea fisheries.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS more fish were discarded in the federally managed fisheries of the North Pacific Ocean than were landed by American fishermen in the North Atlantic Ocean in 1992; and

WHEREAS, in 1994, 25,881,596 kilograms of halibut and 1,866,272 kilograms of herring were discarded by fisheries in the North Pacific Ocean and the Bering Sea; and

WHEREAS, in 1994, 15,459,253 crab were discarded by fisheries in the North Pacific Ocean and the Bering Sea; and

WHEREAS, in 1994, 195,609 salmon were harvested in groundfish fisheries of the North Pacific Ocean and the Bering Sea; and

WHEREAS these discarded herring, crab, and salmon are resources managed by the State of Alaska that were intercepted in offshore federal waters; and

WHEREAS these resources are the economic and cultural lifeblood for many Alaskans who depend on the sea for their livelihoods and subsistence; and

WHEREAS marine wildlife species in Alaska marine waters that depend on fish for food are faced with declining populations and a potential listing as endangered species; and

WHEREAS this continued wanton waste undermines any long-term management strategy for sustained commercial, subsistence, and recreational fisheries, and places the rural communities of Alaska at risk; and

WHEREAS efforts to implement severe penalties against vessels responsible for high bycatch and discard rates have failed; and

WHEREAS minimizing the catch of undersized fish and reducing wanton waste will conserve fisheries resources for present and future generations of subsistence users, commercial and recreational fishermen, seafood industries, coastal communities, consumers, and the nation; and

WHEREAS fisheries can technically or operationally reduce waste and the incidental taking of nontarget species if given economic incentives or if appropriate regulatory measures are applied;

BE IT RESOLVED by the Alaska State Legislature that the wanton waste now occurring in federal fisheries of the North Pacific Ocean and the Bering Sea is of utmost ecological, social, and economical importance; and be it

FURTHER RESOLVED that the Alaska State Legislature respectfully urges the Congress to amend the Magnuson Fishery Conservation and Management Act, or to enact other legislation, encompassing a broad range of measures to reduce wanton waste in North Pacific Ocean and Bering Sea fisheries, including harvest priority incentives for clean fishing practices and other management tools.

COPIES of this resolution shall be sent to the Honorable Al Gore, Jr., Vice-President of the United States and President of the U.S. Senate; the Honorable Newt Gingrich, Speaker of the U.S. House of Representatives; the Honorable Strom Thurmond, President Pro Tempore of the U.S. Senate; the Honorable Bob Dole, Majority Leader of the U.S. Senate; the Honorable Ron Brown, Secretary of the U.S. Department of Commerce; the Honorable Richard B. Lauber, chair of the North Pacific Fishery Management Council; and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.

LR040

Resolve: LR040

Source Root: SCR001

Year: 1996

Source Bill: SSCR 1

Disapproving Executive Order No. 92.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS the governor, under authority of art. III, sec. 23, Constitution of the State of Alaska, has proposed in Executive Order No. 92 to combine the functions of the division of oil and gas and the division of geological and geophysical surveys into a division of oil, gas, and geology; and

WHEREAS art. III, sec. 23, Constitution of the State of Alaska, provides that unless disapproved within 60 days of a regular session by resolution concurred in by a majority of the members of the legislature in joint session, an executive order becomes effective at a date designated by the governor;

BE IT RESOLVED by the Alaska State Legislature that Executive Order No. 92 is disapproved.

LR041

Resolve: LR041

Source Root: SCR002

Year: 1996

Source Bill: SSCR 2

Disapproving Executive Order No. 95.

_______________

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS the governor, under authority of art. III, sec. 23, Constitution of the State of Alaska, has proposed in Executive Order No. 95 to transfer the responsibility for the licensing and regulating of big game guides and related occupations to the Department of Commerce and Economic Development; and

WHEREAS art. III, sec. 23, Constitution of the State of Alaska, provides that unless disapproved within 60 days of a regular session by resolution concurred in by a majority of the members of the legislature in joint session, an executive order becomes effective at a date designated by the governor;

BE IT RESOLVED by the Alaska State Legislature that Executive Order No. 95 is disapproved.

LR042

Resolve: LR042

Source Root: SCR003

Year: 1996

Source Bill: SSCR 3

Disapproving Executive Order No. 97.

_______________

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS the governor, under authority of art. III, sec. 23, Constitution of the State of Alaska, has proposed in Executive Order No. 97 transferring functions of the Alaska Commission on Postsecondary Education to the Department of Education and to the Alaska Student Loan Corporation, renaming the corporation the Alaska Student Aid Corporation and placing it under the Department of Revenue; and

WHEREAS art. III, sec. 23, Constitution of the State of Alaska, provides that unless disapproved within 60 days of a regular session by resolution concurred in by a majority of the members of the legislature in joint session, an executive order becomes effective at a date designated by the governor;

BE IT RESOLVED by the Alaska State Legislature that Executive Order No. 97 is disapproved.

LR043

Resolve: LR043

Source Root: SCR026

Year: 1996

Source Bill: SCR 26

Authorizing a recess by the Senate and the House of Representatives for a period of more than three days.

_______________

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS art. II, sec. 10, Constitution of the State of Alaska, provides that neither house may adjourn or recess for longer than three days unless the other house concurs; and

WHEREAS Rule 52, Uniform Rules of the Alaska State Legislature, provides that adoption of a concurrent resolution by a majority vote of the full membership of each house constitutes concurrence;

BE IT RESOLVED by the Alaska State Legislature that the Senate and the House of Representatives may be in recess during March 1, 2, 3, 4, and 5 of 1996 and that each house concurs in this five-day recess by the other.

LR044

Resolve: LR044

Source Root: HJR062

Year: 1996

Source Bill: HJR 62

Requesting the federal government to purchase surplus 1995 Alaska canned pink salmon.

_______________

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS a surplus of more than 1,700,000 cases of 1995 Alaska canned pink salmon is predicted to be present in warehouses on June 30, 1996; and

WHEREAS six major seafood companies in Alaska, including Tyson Seafoods, have advised fishermen that, because of the huge overstock of 1995 canned pink salmon, they will not purchase pink salmon in 1996; and

WHEREAS the lack of markets for pink salmon poses a threat of economic disaster to the majority of Alaska fishermen and their families; and

WHEREAS the lack of markets for Alaska salmon will especially hurt fishermen in rural areas of the state, particularly Alaska Natives, who will not be able to engage in commercial fishing that is often their only source of cash income; and

WHEREAS the Alaska commercial salmon industry supports more than 39,000 employees and more than 12,000 licensed fishermen and is the largest private employer in Alaska; and

WHEREAS canned pink salmon is a valuable, healthy, and wholesome source of high quality protein, vitamins, and minerals that is widely needed throughout the country and world; and

WHEREAS the United States Department of Agriculture operates surplus removal programs to purchase surplus commodities for school lunch programs, export programs, assistance to low income persons, and the federal prison system; and

WHEREAS the United States Department of Agriculture requires salmon products purchased by the department to have been packed under a National Marine Fisheries Service "Type 1" inspection program that was not in place in Alaska during 1995; and

WHEREAS pink salmon canned in Alaska during 1995 was subject to strict safety and sanitation standards and to a state of the art hazard analysis/critical control point sanitation program developed by the Alaska Department of Environmental Conservation; and

WHEREAS an inspection of 1995 Alaska canned pink salmon by the National Marine Fisheries Service, Inspection Services Division, would demonstrate that the safety and sanitation standards for canned pink salmon in 1995 in Alaska easily equal the safety standards under a "Type 1" inspection program; and

WHEREAS significant areas of the 34,000 miles of the pristine coastline of Alaska may be polluted by large numbers of unharvested pink salmon that will return to spawn and die in Alaska's streams and rivers and then decompose and contaminate coastal and marine environments; and

WHEREAS the lack of markets for Alaska pink salmon will erode the tax base of the State of Alaska and municipalities that rely on taxes on the sale and purchase of fish to support government operations;

BE IT RESOLVED that the Alaska State Legislature respectfully requests that the United States Department of Agriculture waive the requirement for "Type 1" inspection of canned pink salmon purchased under the surplus removal programs managed by the Agricultural Marketing Service and that the United States Department of Agriculture purchase surplus stocks of 1995 Alaska canned pink salmon.

COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the United States; the Honorable Daniel R. Glickman, Secretary, United States Department of Agriculture; the Honorable Lon S. Hatamiya, Administrator, Agricultural Marketing Service, United States Department of Agriculture; the Honorable William E. Ludwig, Administrator, Food and Consumer Service, United States Department of Agriculture; and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.

LR045

Resolve: LR045

Source Root: SCR028

Year: 1996

Source Bill: SCR 28

Authorizing a recess by the Senate and the House of Representatives for a period of more than three days.

_______________

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS art. II, sec. 10, Constitution of the State of Alaska, provides that neither house may adjourn or recess for longer than three days unless the other house concurs; and

WHEREAS Rule 52, Uniform Rules of the Alaska State Legislature, provides that adoption of a concurrent resolution by a majority vote of the full membership of each house constitutes concurrence;

BE IT RESOLVED by the Alaska State Legislature that the Senate and the House of Representatives may be in recess during April 5, 6, 7, and 8 of 1996 and that each house concurs in this four-day recess by the other.

LR046

Resolve: LR046

Source Root: HJR054

Year: 1996

Source Bill: SCS CSHJR 54(RES)

Encouraging the lessees of Alaska's vast North Slope natural gas reserves to reach agreement to market gas, expressing the legislature's support for an Alaska North Slope (ANS) gas transmission pipeline, and requesting the President of the United States and the Governor of the State of Alaska to publicly support and take action that will help expedite the construction of that system.

_______________

WHEREAS Alaska has at least 26 trillion cubic feet of natural gas reserves in the Prudhoe Bay field and perhaps two to three times that amount of potential natural gas reserves; and

WHEREAS, beginning in the period 2002 - 2005, there may be an increasing gap between supply and demand for natural gas in the Pacific Rim; and

WHEREAS market and economic studies indicate favorable conditions for the sale of liquefied natural gas (LNG) to these Pacific Rim markets; and

WHEREAS major permits for a pipeline route from the North Slope to Valdez have been completed; and

WHEREAS the sale of Alaska gas to Pacific Rim markets will improve the nation's trade imbalance without adversely affecting other industries or labor; and

WHEREAS the design, sourcing, and construction of an LNG project could infuse several billion dollars into the United States economy; and

WHEREAS the construction of such a pipeline could provide approximately 10,000 temporary construction jobs for two years and over 600 permanent private sector jobs in Alaska; and

WHEREAS the State of Alaska will earn substantial revenue each year from projected gas sales, which would help fill the state's fiscal gap; and

WHEREAS a gas pipeline across Alaska could make available environmentally friendly energy along the pipeline route and encourage development that will increase local employment and local tax revenue; and

WHEREAS the Alaska Municipal League's 1996 policy statement includes the following language: "The League, therefore, strongly encourages all potential participants in the project, including the State of Alaska, to immediately convene to develop a unified proposal to present to the Asian LNG buyers so that all Alaskans will directly benefit from this unique opportunity"; and

WHEREAS natural gas stored as a cryogenic liquid is an efficient and safe means of transporting large quantities of gas with no significant risk to the public; and

WHEREAS securing a market for Alaska North Slope (ANS) gas will be important; there is strong competition for Pacific Rim markets from competing projects in Malaysia, Australia, and other nations; and

WHEREAS Alaska faces competition from other projects and must, therefore, move to secure a place in Asian markets; and

WHEREAS Taiwanese and South Korean buyers have issued letters of intent to purchase ANS liquefied natural gas from Yukon Pacific Corporation; and

WHEREAS Japanese buyers must also commit to buying ANS LNG to make an Alaskan project feasible;

BE IT RESOLVED that the Alaska State Legislature respectfully requests the North Slope natural gas lessees to intensify their efforts to establish satisfactory contractual relationships for transportation and sale of ANS gas to Pacific Rim purchasers as soon as economically possible; and be it

FURTHER RESOLVED that the State of Alaska respectfully requests the President of the United States to demonstrate national support for an ANS gas transmission project to Asian LNG buyers; and be it

FURTHER RESOLVED that the Governor is respectfully requested to

(1) assure the Asian LNG buyers that the state will provide continuity and stability in regards to North Slope natural gas supply, tax structure, and regulatory policy;

(2) continue support of the Joint Pipeline Office, which administers an innovative, efficient, and cost-effective permitting system;

(3) encourage the private developers of the gas pipeline and the state’s labor forces to develop an Alaska hire agreement for the ANS gas transmission project; and

(4) meet with all parties to determine how the state can help facilitate the ANS gas transmission pipeline; and be it

FURTHER RESOLVED that the President of the Senate and the Speaker of the House of Representatives, Alaska State Legislature, appoint an interim working group to track progress and assist the transportation permit holder, the working interest owners of the Prudhoe Bay and Point Thompson units, and the administration in developing a unified proposal for presentation to the Asian market; the legislative interim working group shall report on the status of the project and any proposed legislative actions to the Resources Committees of the Alaska House of Representatives and Alaska Senate by February 1, 1997; and be it

FURTHER RESOLVED that the Alaska State Legislature strongly supports the construction of an ANS gas transmission pipeline and offers its assistance to the parties involved in order to speed completion of an ANS gas transmission project.

COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the United States; the Honorable Al Gore, Jr., Vice-President of the United States and President of the U.S. Senate; the Honorable Bruce Babbitt, Secretary of the Interior; the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress; the Honorable Tony Knowles, Governor of Alaska; to John Snow, Chairman and Chief Executive Officer, CSX Corp.; to Jeff Lowenfels, President, Yukon Pacific Corporation; to Mike Bowlin, Chairman and Chief Executive Officer, Atlantic Richfield Company, and J. K. "Ken" Thompson, President, ARCO Alaska, Inc.; to John Browne, Chief Executive Officer, British Petroleum, and John Morgan, President, B.P. Exploration (Alaska), Inc.; to Lee R. Raymond, Chairman and Chief Executive Officer, Exxon Corporation, and Jim Branch, Alaska Production Manager, Exxon Alaska; to Shigenobu Yamamoto, Consul General of Japan; to Byuung Hak Min, Consul General of the Republic of Korea; and to Jyhyuan Lo, Director General of the Republic of China.

LR047

Resolve: LR047

Source Root: SJR039

Year: 1996

Source Bill: CSSJR 39 (RES)

Relating to the U.S. Environmental Protection Agency draft National Pollutant Discharge Elimination System general permit for placer mining in Alaska.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS, in 1994, the United States Environmental Protection Agency (EPA) issued a National Pollutant Discharge Elimination System (NPDES) general permit for placer mining in Alaska; and

WHEREAS the EPA has issued a new draft NPDES general permit as the result of the settlement of a lawsuit filed by the Sierra Club Legal Defense Fund; and

WHEREAS this new draft NPDES general permit contains substantive, unrealistic restrictions for commercial mines such as

(1) prohibiting moving a discharge location during the mining season; and

(2) requiring a minimum 1,000-foot separation distance between dischargers; and

WHEREAS this new draft NPDES general permit contains substantive, unrealistic restrictions on dredge and recreational mining operations in Alaska, such as

(1) requiring all dredgers, for the first time ever, to have an NPDES permit, despite the fact that the EPA does not have the personnel to process all of these newly required permits; and

(2) requiring an arsenic level of 0.18 parts per billion; and

WHEREAS the officials in the EPA headquarters in Washington, D.C., have approved arsenic levels of 50 parts per billion in 25 other states; and

WHEREAS the Alaska State Legislature finds that this treatment of Alaska is arbitrary, capricious, and without scientific foundation;

BE IT RESOLVED that the Alaska State Legislature respectfully requests the EPA to withdraw from the settlement in the lawsuit filed by the Sierra Club Legal Defense Fund on behalf of American Rivers and Northern Alaska Environmental Center; and be it

FURTHER RESOLVED that if the EPA cannot withdraw from the settlement, that it discard this draft NPDES general permit and begin again with a more reasonable approach consistent with the EPA's own Common Sense Initiative; and be it

FURTHER RESOLVED that the Alaska State Legislature requests, if the EPA goes forward with this draft NPDES or another draft, that the EPA extend the public comment period to May 1, 1996, and hold hearings in at least two additional locations in Alaska before any draft NPDES general permit is included in a settlement agreement.

COPIES of this resolution shall be sent to the Honorable Carol M. Browner, Administrator, U.S. Environmental Protection Agency; to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress; and to the governors and state legislatures of the other states in the EPA Region 10: Idaho, Oregon, and Washington.

LR048

Resolve: LR048

Source Root: SJR040

Year: 1996

Source Bill: CSSJR 40 (JUD) am H

Relating to extension of the United States Forest Service timber sale contract with the Ketchikan Pulp Company.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS, for the last 40 years, the timber industry operating on national forest land in Southeast Alaska has been the largest private employer in Southeast Alaska; and

WHEREAS the United States Forest Service strategy for creating permanent year-round employment through a timber industry in Southeast Alaska has been to offer long-term contracts to attract pulp mills to use, and add value to, low-grade and by-product materials from timber harvesting; these pulp mills serve as a market for pulp logs and chips from the sawmills in Southeast Alaska; and

WHEREAS pulp mills assure full utilization and protect forest health by using that significant portion of the Tongass National Forest that consists of dead, dying, and over-mature timber; and

WHEREAS, since passage of the Tongass Timber Reform Act of 1990 (TTRA), a pulp mill and a major sawmill have closed, and more than 40 percent of the timber industry has been lost due, in part, to the failure of the United States Forest Service to make available the approximately 420,000,000 board feet per year needed to meet the jobs protection promises made by those who sought passage of the TTRA, all of which has created severe social and economic harm to the timber industry, its workers, and timber-dependent communities in Southeast Alaska; and

WHEREAS another of the reasons for the closure of the Sitka pulp mill was the adverse economic impacts of unilateral changes to its long-term contract made by the TTRA, those unilateral changes also adversely impact the economics of the Ketchikan Pulp Company (KPC) contract; and

WHEREAS KPC, which obtained a long-term contract to help create year-round jobs in Southeast Alaska, is the sole remaining pulp mill in Alaska, a major employer in Southeast Alaska, and the market for pulp logs and chips from all the other sawmills in Southeast Alaska; and

WHEREAS the loss of the KPC pulp mill could lead to the loss of the entire industry now operating on the Tongass National Forest with devastating social and economic effects on families and communities throughout Southeast Alaska; and

WHEREAS the KPC pulp mill faces an uncertain future, not of its own making, as a result of the continuing log shortage created by the failure of the United States Forest Service to meet its volume requirements under KPC's contract and the TTRA, as a result of the adverse economic impacts to its long-term contract caused by the unilateral TTRA changes, and as a result of the requirement that more than $155,000,000 in capital expenditures be made over the next few years to meet new and ever changing federal environmental standards and operating needs; and

WHEREAS, as a matter of economic common sense, KPC cannot make all the necessary expenditures without the federal government extending its contract for a sufficient period to amortize those expenditures, without an adequate supply of timber, and without modifying those portions of the unilateral TTRA contract changes that have adversely impacted the contract's economics; and

WHEREAS the legislature finds that an additional 15 years is a minimum reasonable period to extend the KPC's timber sale contract to allow such amortization and to provide opportunities for value-added alternatives that maximize the number of jobs and assures environmentally sound operations; and

WHEREAS the legislature finds that sufficient timber must be made available to maintain the KPC contract, to provide 100,000,000 board feet for the contracts to small business, and to reopen the Wrangell facility and a by-product facility in Sitka;

BE IT RESOLVED that the Alaska State Legislature respectfully urges the Alaska delegation in Congress and the Governor to take all steps necessary, this year, to extend the Ketchikan Pulp Company long-term contract for an additional 15 years and modify those portions of the contract which the TTRA unilaterally impacted, because such an extension and modification are critical to the environmental, social, and economic well-being of the Tongass National Forest timber workers, their families, and timber-dependent communities in Southeast Alaska and because such an extension is in the public interest of the State of Alaska; and be it

FURTHER RESOLVED that the Tongass National Forest should be managed for a healthy and diversified economy for the benefit of all users, including value-added forest products, commercial and sport fishing, seafood processing, tourism, subsistence, sport hunting, and local businesses that provide goods and services; and be it

FURTHER RESOLVED that the Alaska State Legislature also respectfully urges the Alaska Congressional Delegation, the Governor, and the United States Forest Service to take action this year to assure that sufficient timber be made available as part of any revision of the Tongass Land-Use Management Plan to maintain the Ketchikan Pulp Company contract, to provide 100,000,000 board feet for small business contracts, and to reopen the Wrangell facility and a by-product facility in Sitka.

COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the United States; the Honorable Daniel R. Glickman, Secretary of the U.S. Department of Agriculture; the Honorable Bruce Babbitt, Secretary of the U.S. Department of the Interior; the Honorable Newt Gingrich, Speaker of the U.S. House of Representatives; the Honorable Strom Thurmond, President Pro Tempore of the U.S. Senate; and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.

LR049

Resolve: LR049

Source Root: HCR032

Year: 1996

Source Bill: HCR 32

Establishing YUKLA 27 Remembrance Day.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS 24 American and Canadian airmen perished in the crash of an Airborne Warning and Control System (AWACS) plane shortly after taking off from Elmendorf Air Force Base on September 22, 1995; and

WHEREAS the crew members who perished were Lieutenant Colonel Richard G. Leary, U.S.A.F., Navigator; Major Richard Patrick Stewart II, U.S.A.F., Mission Crew Commander; Major Marlon R. Thomas, U.S.A.F., Mission Crew Commander; Major Steven A. Tuttle, U.S.A.F., Airborne Surveillance Officer; Captain Glenn J. "Skip" Rogers, U.S.A.F., Aircraft Commander; Captain Robert J. Long, U.S.A.F., Senior Director; Captain Bradley W. Paakola, U.S.A.F., Pilot; First Lieutenant Carlos A. Arriaga, U.S.A.F., Weapons Director; Master Sergeant Stephen C. O'Connell, U.S.A.F., Advanced Air Surveillance Technician; Technical Sergeant Bart L. Holmes, U.S.A.F., Flight Engineer; Technical Sergeant Ernest R. Parrish, U.S.A.F., Area Specialist; Sergeant David L. Pitcher, C.A.F., Battle Director Technician; Technical Sergeant Charles D. Sweet, Jr., U.S.A.F., Airborne Radar Technician; Technical Sergeant Brian K. Van Leer, U.S.A.F., Advanced Air Surveillance Technician; Technical Sergeant Mark A. Bramer, U.S.A.F., Flight Engineer; Technical Sergeant Timothy B. Thomas, U.S.A.F., Computer Display Maintenance Technician; Technical Sergeant Mark A. Collins, U.S.A.F., Communications Systems Operator; Master Corporal J.-P. Legault, C.A.F., Communications Technician; Staff Sergeant Scott A. Bresson, U.S.A.F., Airborne Radar Technician; Staff Sergeant Raymond O. Spencer, Jr., U.S.A.F., Airborne Surveillance Technician; Senior Airman Joshua N. Weter, U.S.A.F., Computer Display Maintenance Technician; Senior Airman Lawrence E. Defrancesco, U.S.A.F., Communications Systems Operator; Airman Darien F. Watson, U.S.A.F., Airborne Surveillance Technician; and Airman Jeshua C. Smith, U.S.A.F., Airborne Surveillance Technician; and

WHEREAS the call sign of this tragic flight was YUKLA 27;

BE IT RESOLVED that the Alaska State Legislature establishes September 22 each year as YUKLA 27 Remembrance Day to commemorate the 24 airmen who perished in the AWACS crash on September 22, 1995; and be it

FURTHER RESOLVED that the Alaska State Legislature respectfully urges the governor to issue a proclamation to commemorate YUKLA 27 Remembrance Day each year and urges the governor to direct that the Alaska flag be flown at half-mast on that day; and be it

FURTHER RESOLVED that the Alaska State Legislature urges civic groups and the public to observe the day by suitable observances and exercises.

COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the United States; the Honorable William J. Perry, U.S. Secretary of Defense; the Honorable Sheila E. Widnall, U.S. Secretary of the Air Force; General John M. Shalikashvili, Chairman of the Joint Chiefs of Staff; General Ronald R. Fogelman, Chief of Staff of the U.S. Air Force; Lieutenant General Lawrence Boese, U.S.A.F., Commander, 11th Air Force, Alaska Command, NORAD; and to the next of kin of the deceased airmen.

LR050

Resolve: LR050

Source Root: SJR038

Year: 1996

Source Bill: SJR 38

Opposing the proposed expansion of the United States Environmental Protection Agency's toxics release inventory program.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS the United States Environmental Protection Agency has proposed new rules to expand the Toxics Release Inventory (TRI) Program; and

WHEREAS this expansion could add electric utilities, waste management facilities, mining, oil and gas exploration and production, materials recovery and recycling, and some warehousing activities to the list of facilities required to report toxic chemical releases under the TRI program; and

WHEREAS only manufacturing facilities must currently report under the TRI program and there are significant fundamental differences between manufacturing facilities and the facilities threatened with addition to the list; and

WHEREAS nearly all of the produced water, natural gas, and other miscellaneous materials from oil and gas exploration and production facilities are discharged to deep disposal wells far below the groundwater aquifer; and

WHEREAS the Environmental Protection Agency's profiles of various industries not currently required to report under the TRI program assume that typical releases remain constant; this is not the case for at least some operations where the concentrations of chemicals in wastestreams change constantly; and

WHEREAS the only way to monitor these varying discharges would be for operators to perform regular, expensive wastestream tests; and

WHEREAS the information gained from these tests would not benefit communities significantly because much of the information regarding on-site hazardous substances is already required to be reported to local emergency planning committees, the Alaska State Emergency Planning Commission, the State Fire Marshall's office, and local fire departments; and

WHEREAS the Alaska State Legislature considers this proposed rule-making would result in an unnecessary, duplicative reporting burden; and

WHEREAS this expanded reporting requirement will force companies operating in Alaska to redirect financial resources to a reporting effort with far less benefit than current reporting requirements; and

WHEREAS the State of Alaska has been implementing changes to minimize the cost burden on marginal oil and gas projects and those nearing their economic end;

BE IT RESOLVED that the Alaska State Legislature respectfully requests that the United States Environmental Protection Agency cease from imposing additional, duplicative reporting mandates on industry; and be it

FURTHER RESOLVED that, if the Environmental Protection Agency continues with the implementation of the proposed rule, the Alaska State Legislature requests that oil and gas exploration and production be exempted from the TRI program reporting requirements.

COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the United States; the Honorable Al Gore, Jr., Vice-President of the United States and President of the U.S. Senate; the Honorable Robert Dole, Majority Leader of the U.S. Senate; the Honorable Newt Gingrich, Speaker of the U.S. House of Representatives; the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress; and to Carol Browner, Administrator, U.S. Environmental Protection Agency.

LR051

Resolve: LR051

Source Root: SCR027

Year: 1996

Source Bill: SCR 27

Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 335, relating to the Big Game Commercial Services Board and the occupations regulated by the board.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

That under Rule 54 of the Uniform Rules of the Alaska State Legislature, the provisions of Rules 24(c), 35, 41(b), and 42(e) of the Uniform Rules, regarding changes to the title of a bill, are suspended in consideration of House Bill No. 335, relating to the Big Game Commercial Services Board and the occupations regulated by the board.

LR052

Resolve: LR052

Source Root: SJR037

Year: 1996

Source Bill: SJR 37

Urging the United States Congress to give an affirmative expression of approval to a policy authorizing the state to regulate, restrict, or prohibit the export of unprocessed logs harvested from its land and from the land of its political subdivisions and the University of Alaska.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS Alaska had, by regulation, imposed a primary manufacturing requirement applicable to timber harvested from state-owned land that is destined for export from the state; and

WHEREAS that regulation was permissive, allowing the director of the division of land to require that primary manufacture of forest products be accomplished within the state; and

WHEREAS, considering the Commerce Clause of the United States Constitution, in Southcentral Timber Development, Inc. v. Wunnicke, 467 U.S. 82, 81 L.Ed.2d 71, 104 S.Ct. 2237 (1984), the United States Supreme Court determined that the state's regulation could not be given effect; while the court found evidence of a clearly defined federal policy imposing primary manufacture requirements as to timber taken from federal land in Alaska, it determined that the existing Congressional sanction reached only to activities on federal land and concluded that the state's assertion of Congressional authorization by silence to allow a state to regulate similar activities on nonfederal land could not be inferred; and

WHEREAS since the Wunnicke decision, Congress has, in the Forest Resources Conservation and Shortage Relief Act of 1990, extended an existing ban on unprocessed log exports from federal land in the 11 contiguous Western states to cover timber harvested from nonfederal sources in those states; the extension of the ban on unprocessed log exports in those states collectively does not affect Alaska; and

WHEREAS the principal purposes, stated or assumed, in the 1990 Congressional Act for extending the ban on unprocessed log exports in the contiguous Western states -- the efficient use and effective conservation of forests and forest resources, the avoidance of a shortfall in unprocessed timber in the marketplace, and concern for development of a rational log export policy as a national matter -- are equally valid with respect to the significant timber resources held by this state, its political subdivisions, and its public university; and

WHEREAS the state cannot act to regulate, restrict, or prohibit the export of unprocessed logs harvested from land of the state, its political subdivisions, and the University of Alaska without a legislative expression demonstrating Congressional intent that is unmistakably clear;

BE IT RESOLVED that the legislature of the State of Alaska urges the United States Congress to give an affirmative expression of approval to a policy authorizing the state to regulate, restrict, or prohibit the export of unprocessed logs harvested from its land and from the land of its political subdivisions and the University of Alaska.

COPIES of this resolution shall be sent to the Honorable Al Gore, Jr., Vice-President of the United States and President of the U.S. Senate; the Honorable Bob Dole, Majority Leader of the U.S. Senate; the Honorable Tom Daschle, Minority Leader of the U.S. Senate; the Honorable Newt Gingrich, Speaker of the U.S. House of Representatives; the Honorable Dick Armey, Majority Leader of the U.S. House of Representatives; the Honorable Richard Gephardt, Minority Leader of the U.S. House of Representatives; to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.

LR053

Resolve: LR053

Source Root: SCR025

Year: 1996

Source Bill: SCR 25

Relating to supporting home schooling and establishing Alaska Home Education Week.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS home schooling is the fastest growing educational alternative in America; and

WHEREAS home schooling families contribute significantly to the cultural diversity important to a healthy society; and

WHEREAS Alaska has a significant number of parents who teach their own children at home; and

WHEREAS the state has always been a place where diversity and individualism have been championed; and

WHEREAS parents who provide education for their children at home exemplify the independent Alaska spirit; and

WHEREAS home schooling families tend to be strong, healthy families who contribute greatly to Alaska society; and

WHEREAS the cost of educating children at home is borne by the parents, thus saving money from the state general fund; and

WHEREAS home school students are proving themselves by excelling in college and in the state work force; and

WHEREAS the state's home school students are increasingly being recruited by colleges around the country because of their academic achievements;

BE IT RESOLVED that the Alaska State Legislature approves of home schooling as an important part of Alaska's educational infrastructure meriting state sanction and state protection; and be it

FURTHER RESOLVED that the Alaska State Legislature supports the right of parents to choose home schooling as the education alternative best suited for their children; and be it

FURTHER RESOLVED that the Department of Education, school districts, and regional educational attendance areas are encouraged to cooperate with parents who are teaching their children at home; and be it

FURTHER RESOLVED that the Governor is respectfully requested to direct the commissioner of education to take whatever steps are necessary to ensure that the Department of Education, school districts, and regional educational attendance areas do not unnecessarily interfere with parents exercising their right to home school their children; and be it

FURTHER RESOLVED that the Alaska State Legislature establishes the week of October 13 - 19, 1996, as Alaska Home Education Week.

COPIES of this resolution shall be sent to the commissioner of education, the chief administrative officer of each school district and regional educational attendance area in the state, and the president of the Alaska Private and Home Educators Association.

LR054

Resolve: LR054

Source Root: HJR052

Year: 1996

Source Bill: CSHJR 52 (JUD) am

Relating to the creation of a new United States Court of Appeals for the Twelfth Circuit.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS the State of Alaska is within the jurisdiction of the United States Court of Appeals for the Ninth Circuit; and

WHEREAS the Court of Appeals for the Ninth Circuit consists of the States of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington and the federal territories, possessions, and protectorates in the Pacific; and

WHEREAS United States Representatives Bunn and White of Oregon, Representative Dunn of Washington, and Representative Young of Alaska have introduced H.R. 2935, a bill that would amend Title 28 of the United States Code to divide the Court of Appeals for the Ninth Circuit into two circuits, and that has the short title of the "Ninth Circuit Court of Appeals Reorganization Act of 1996"; and

WHEREAS H.R. 2935 proposes to remove the states of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington from the Court of Appeals for the Ninth Circuit and place them in a new Court of Appeals for the Twelfth Circuit to be headquartered in Portland, Oregon; and

WHEREAS H.R. 2935 would make each circuit judge of the Court of Appeals for the Ninth Circuit whose duty station is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, or Washington a circuit judge of the new Court of Appeals for the Twelfth Circuit; and

WHEREAS the membership of the Court of Appeals for the Ninth Circuit is heavily weighted toward the State of California and the court seems to concern itself predominately with issues arising out of California and the southwestern United States; and

WHEREAS the Court of Appeals for the Ninth Circuit's case filings are greater than any other federal circuit; and

WHEREAS members of the Court of Appeals for the Ninth Circuit have shown a surprising lack of understanding of Alaska's people and geography that has resulted in decisions that have often caused the people of Alaska unnecessary hardship; and

WHEREAS, in the so-called "Katie John" subsistence case, which is of tremendous importance to the people of the State of Alaska, even though the Court of Appeals for the Ninth Circuit granted expedited consideration of that case, the court did not issue its decision for over 13 months; this expedited decision is now under reconsideration by the court; and

WHEREAS Attorney General Bruce Botelho estimates that there are more than 200 Alaska cases currently pending before the Court of Appeals for the Ninth Circuit; and

WHEREAS the Attorneys General of the States of Idaho, Montana, Oregon, and Washington have also found that similar issues of unnecessary delay concerning, lack of understanding of, and lack of consideration for cases and issues by the Court of Appeals for the Ninth Circuit exist in regard to those states; and

WHEREAS the Attorneys General of the States of Alaska, Idaho, Montana, Oregon, and Washington have endorsed S. 956, the United States Senate counterpart to H.R. 2935; and

WHEREAS the creation of a new Court of Appeals for the Twelfth Circuit encompassing the States of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington by H.R. 2935 would benefit these similar states by providing speedier and more consistent rulings by jurists who have a greater familiarity with the social, geographical, political, and economic life of the region;

BE IT RESOLVED that the Alaska State Legislature supports creation of a new Court of Appeals for the Twelfth Circuit for the States of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington headquartered in the Pacific Northwest; and respectfully requests the United States Congress to act in an expeditious manner.

COPIES of this resolution shall be sent to the Honorable Al Gore, Jr., Vice-President of the United States and President of the U.S. Senate; the Honorable Strom Thurmond, President Pro Tempore of the U.S. Senate; the Honorable Newt Gingrich, Speaker of the U.S. House of Representatives; the Honorable Bob Dole, Majority Leader of the U.S. Senate; the Honorable Dick Armey, Majority Leader of the U.S. House of Representatives; the Honorable Thomas Daschle, Minority Leader of the U.S. Senate; the Honorable Richard A. Gephardt, Minority Leader of the U.S. House of Representatives; the Honorable Orrin G. Hatch, Chair of the U.S. Senate Committee on the Judiciary; the Honorable Henry J. Hyde, Chair of the U.S. House Committee on the Judiciary; and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.