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LR057

Resolve: LR057

Source Root: SCR024

Year: 1996

Source Bill: CSSCR 24 (RES)

Relating to a division of game in the Alaska Department of Fish and Game and to management of game.

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

WHEREAS, under Governor Steve Cowper, the name of the Alaska Department of Fish and Game, division of game, was changed to the division of wildlife conservation on January 1, 1989; and

WHEREAS, during the seven years under the new name, the primary mission of the division, to manage the vast game resources of Alaska, has been significantly redirected toward nongame, nonconsumptive uses and users; and

WHEREAS the change of the name of the division appears to also have changed the focus of the division from management goals reflective of the taxes, license fees, and matching federal dollars provided by consumptive users of game resources to management goals based on public opinion and unscientific data; and

WHEREAS significant amounts of federal and state fish and game funds have been used for purposes other than those purposes statutorily mandated to benefit those hunters and sportsmen whose license fees and equipment taxes provide funding for the division;

BE IT RESOLVED that the Alaska State Legislature finds that the number of actions by the Alaska Department of Fish and Game to manage people, instead of game, by reducing harvests, implementing onerous methods and means regulations, and restricting access to game, should be kept at the lowest possible levels; and be it

FURTHER RESOLVED that the Alaska State Legislature finds that the game resources of Alaska have the potential to be a truly growing "permanent fund," capable of providing the highest harvestable and viewing benefits to all Alaskans; and be it

FURTHER RESOLVED that the Alaska State Legislature finds that if the Department of Fish and Game desires to provide viewing opportunities and other nonconsumptive uses of resources, that those uses compete with other department programs for general fund money and not siphon federal and state fish and game funds provided by hunters and sportsmen; and be it

FURTHER RESOLVED that the Alaska State Legislature urgently requests Governor Knowles to reestablish the division of game within the Alaska Department of Fish and Game and to reaffirm the division's primary mission to manage the game resources of the state to achieve and maintain high sustainable levels of game for all Alaskans.

LR058

Resolve: LR058

Source Root: HJR059

Year: 1996

Source Bill: SCS CSHJR 59 (RES)

Respectfully requesting the Environmental Protection Agency to issue a final National Pollutant Discharge Elimination System permit for Cook Inlet oil and gas operations that omits the incremental permittee monitoring and reporting obligations identified in the Agency's draft permit and, consistent with the philosophy of the Agency's 1996 National Water Program Agenda, allows the permittees to operate under pollutant discharge monitoring and reporting requirements that are not more rigorous than those requirements of the Cook Inlet National Pollutant Discharge Elimination System permit in place.

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

WHEREAS, under the federal Clean Water Act, the principal mechanism for regulating and limiting pollutant discharge into water of the United States is the National Pollutant Discharge Elimination System (NPDES) permit program; and

WHEREAS, under the monitoring and reporting requirements imposed as part of an NPDES permit, the unit having responsibility for the Clean Water Act, the Environmental Protection Agency, may require one or more parties who are responsible for pollutant discharge to install and use equipment to monitor the discharge, develop and maintain records and reports, and provide information to it as may be required under the Agency permit; and

WHEREAS the Environmental Protection Agency has determined in its 1996 National Water Program Agenda to reduce permittee monitoring and reporting requirements, with the objective of diminishing monitoring and reporting obligations imposed on permittees by about 25 percent; and

WHEREAS, the oil and gas industry has operated successfully in Cook Inlet for 30 years, coexisting throughout these decades with one of the state's most productive salmon fisheries; the industry operates in maturing fields that are at, or very close to becoming, uneconomic to produce; and

WHEREAS the Environmental Protection Agency has issued a draft general NPDES permit for Cook Inlet oil and gas operations; and

WHEREAS, despite the reduced monitoring and reporting initiative announced in its 1996 National Water Program Agenda, the draft permit for Cook Inlet operations proposes a substantial increase in the monitoring and reporting requirements to be imposed by the two agencies on the permittees; and

WHEREAS public comment on the proposed NPDES permit overwhelmingly endorses the Cook Inlet oil and gas industry permittees' ability to continue to operate under requirements of the permit in place, and supports eliminating provisions in the draft permit imposing an obligation on the permittees to increase monitoring and reporting requirements; and

WHEREAS the Alaska Department of Environmental Conservation supports many of the permittees' recommendations to reduce excessive monitoring and reporting requirements; and

WHEREAS recent scientific studies evaluating the quality of the water and other resources of Cook Inlet determined that there has been no adverse environmental impact in the inlet from the three decades of oil and gas operations; and

WHEREAS the Cook Inlet oil and gas industry's history of successful coexistence with a productive fishery combined with the results of these recent studies together demonstrate that the Agency's draft NPDES permit requiring the permittees to incur substantial additional expense associated with the increased monitoring and reporting requirements identified in the draft NPDES permit is unwarranted, nor is the increased effort supported by public testimony;

BE IT RESOLVED that the Alaska State Legislature respectfully requests the Environmental Protection Agency to issue a final National Pollutant Discharge Elimination System permit for Cook Inlet oil and gas operations that

(1) omits the incremental permittee monitoring and reporting obligations identified in the draft permit; and

(2) consistent with the philosophy of the Agency's 1996 National Water Program Agenda, allows the permittees either to operate under pollutant discharge monitoring and reporting requirements that are consistent with the Agency's national objective of diminishing monitoring and reporting obligations generally to be imposed on permittees, or to operate under pollutant discharge monitoring and reporting requirements that are not more rigorous than those requirements of the Cook Inlet NPDES permit in place.

COPIES of this resolution shall be sent to the Honorable Carol M. Browner, Administrator, Environmental Protection Agency; to Michele Brown, commissioner of environmental conservation; to the Honorable Don Gilman, Mayor of the Kenai Peninsula Borough; 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.

LR059

Resolve: LR059

Source Root: HJR060

Year: 1996

Source Bill: SCS CSHJR 60 (RES)

Relating to Revised Statute 2477 rights-of-way.

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

WHEREAS Revised Statute 2477 (RS 2477) provided, "the right-of-way for the construction of highways over public lands, not reserved for public uses, is hereby granted"; and

WHEREAS the Congress repealed RS 2477 in 1976 in the Federal Land Policy and Management Act, but the Act expressly reserved existing rights-of-way created under RS 2477; and

WHEREAS the Alaska State Legislature funded a $1,200,000 project conducted by the Alaska Department of Natural Resources to document the RS 2477 rights-of-way in Alaska; and

WHEREAS the project found more than 560 routes that qualified as RS 2477 rights-of- way; and

WHEREAS RS 2477 rights-of-way resulted from the public's use of routes for travel between settlements and to access mineralized areas in Alaska from the late 1800's until 1968; and

WHEREAS it is in the best interests of Alaska to preserve this historical and traditional rural transportation system because these routes form the transportation network for surface travel between rural settlements and access to mineralized areas and because the routes create significant entrepreneurial, recreational, and tourism opportunities for our citizens; and

WHEREAS the State of Alaska is committed to a balanced philosophy of the development and wise use of Alaska's scenic beauty, mineral wealth, wildlife, and other natural resources coupled with environmental protection to ensure that future generations will experience Alaska as it is known by present generations of Alaskans; and

WHEREAS the surface transportation system in Alaska is inadequate to address the needs of our state; and

WHEREAS the United States Department of the Interior adopted regulations in 1938 interpreting RS 2477 stating that RS 2477 is "effective upon the construction or establishing of highways, in accordance with State laws, over public lands not reserved for public uses"; and

WHEREAS the interpretation of RS 2477 by the United States Department of the Interior remained unchanged until the repeal of the statute when the regulations were also repealed; and

WHEREAS federal and state courts have consistently ruled for 100 years that it was the intent of the Congress in enacting RS 2477 that the law of the state where the RS 2477 right-of- way is located defines the acts that constitute acceptance and the scope of the right-of-way; and

WHEREAS the United States Department of the 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 the Congress and virtually eliminating all RS 2477 rights-of-way in Alaska; and

WHEREAS legislation has been introduced in the United States Senate by Senator Frank Murkowski and Senator Ted Stevens, and legislation has been introduced in the United States House of Representatives to preserve the long-standing judicial and executive interpretation of RS 2477 and to protect the existence of rights-of-way previously granted by the federal government under RS 2477;

BE IT RESOLVED that the Alaska State Legislature endorses the efforts of the Alaska delegation in Congress to preserve and protect the original meaning of Revised Statute 2477 to enable this generation and future generations of Alaskans to use the routes established by Native and pioneer Alaskans; and be it

FURTHER RESOLVED that the Alaska State Legislature respectfully requests the members of the Alaska delegation in Congress to ensure that federal law recognizes the controlling nature of state law in regard to the construction and establishment of RS 2477 rights- of-way, as recognized by 100 years of judicial decision and by 38 years of Department of the Interior regulation by enacting such a provision into federal statutes; and be it

FURTHER RESOLVED that the Alaska State Legislature respectfully requests that the Congress include a 10-year period and a reasonable process for the assertion, recognition, and determination of the existence of RS 2477 rights-of-way as part of legislation addressing RS 2477 rights-of-way.

LR060

Resolve: LR060

Source Root: HJR058

Year: 1996

Source Bill: HJR 58 (RES)

Relating to reauthorization and reform of the Endangered Species Act.

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

WHEREAS the Endangered Species Act (Act) is presently being considered for reauthorization by the Congress; and

WHEREAS the State of Alaska supports the basic concept embodied in the Act to prevent the extinction of species; and

WHEREAS effective protection for most endangered species is dependent upon cooperation among federal agencies, state fish and wildlife agencies, local governments, and private landowners; and

WHEREAS improper implementation of the Act has often created adversarial relationships among federal agencies, state fish and wildlife agencies, local governments, and private landowners; and

WHEREAS the detrimental effects of the Act on private landowners and regional economies is a disincentive for landowners to cooperate in the implementation of the Act and results in less protection for potentially endangered species on private land; and

WHEREAS the federal agencies charged with administering the Act have often misused their authority under the Act; and

WHEREAS an inadequate scientific basis exists for many decisions made by federal agencies regarding the listing of species and recovery plans for endangered species; and

WHEREAS administrative reforms promised by the Clinton administration have either not been implemented or been wholly inadequate; and

WHEREAS new policies adopted by the federal agencies charged with implementing the Act have not significantly improved the implementation of the Act;

BE IT RESOLVED that the Alaska State Legislature respectfully requests the Congress to proceed with reauthorization of the Endangered Species Act, using HR 2275 as the basis for the reauthorization legislation; and be it

FURTHER RESOLVED that the Alaska State Legislature respectfully recommends that the reauthorized Endangered Species Act (Act) contain the following features in order to assure partnerships with the states, protection of private property rights, and appropriate conservation of endangered species:

(1) an effective partnership with the states in the conservation of endangered species;

(2) greater flexibility for states in implementing the Act, including opportunity for consultation under sec. 7 of the Act;

(3) an exemption from the Federal Advisory Committee Act for cooperative ventures with the states;

(4) requirements for stricter scientific and quantitative criteria for listing species under the Act;

(5) elimination of the concept of "distinct population segment" from the definition of "species";

(6) establishment of taxonomic standards for listing subspecies under the Act;

(7) scientific peer review procedures for listing and "de-listing" of species under the Act;

(8) elimination of the biological diversity reserve system or exemption of Alaska from the system;

(9) establishment of species conservation and recovery standards that take into consideration the ability of a species to recover, the costs of implementation, and the public interest; and

(10) a requirement that recovery plans impose equitable burdens on user groups.

LR061

Resolve: LR061

Source Root: SCR021

Year: 1996

Source Bill: SCR 21

Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 292, relating to searches by peace officers who enforce fish and game laws, to false statements and omissions in regard to application for fish and game licenses, tags, and permits, and to nonresident hunters.

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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. 292, relating to searches by peace officers who enforce fish and game laws, to false statements and omissions in regard to application for fish and game licenses, tags, and permits, and to nonresident hunters.

LR062

Resolve: LR062

Source Root: SJR005

Year: 1996

Source Bill: CSSSSJR 5 (RLS)

Supporting an amendment to the Constitution of the United States establishing the rights of victims of crimes.

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

WHEREAS, in applying and interpreting the vital guarantees of the United States Constitution that protect all citizens, the criminal justice system has lost an essential balance; and

WHEREAS the criminal justice system has not provided adequate protection to the innocent, the honest, and the helpless victims of crime; and

WHEREAS in 1982 the president's Task Force on Victims of Crime recommended an amendment to the Constitution of the United States addressing victims' rights; and

WHEREAS, under Article V of the Constitution of the United States, amendments to the Constitution of the United States may be proposed by the Congress of the United States or, upon the application of the legislatures of two-thirds of the states, the Congress shall call a constitutional convention for the purpose of proposing amendments; and

WHEREAS there is currently before the Congress for consideration a proposed victims' rights amendment;

BE IT RESOLVED by the Alaska State Legislature that the Congress of the United States is requested to act on the proposed victims' rights amendment that is before it and submit to the states an amendment to the Sixth Amendment to the Constitution of the United States.

COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the United States; to Sheila P. Burke, the Secretary of the U.S. Senate; to Robin Hewlett Carle, the Clerk of the U.S. House of Representatives; 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.

LR063

Resolve: LR063

Source Root: SJR031

Year: 1996

Source Bill: CSSJR 31 (FIN) am H (reengrossed)

Proposing an amendment to the Constitution of the State of Alaska relating to approval of amendments of the Alaska Statehood Act affecting an interest of the State of Alaska under that Act.

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

* Section 1. Article XII, Constitution of the State of Alaska, is amended by adding a new section to read:

SECTION 14. APPROVAL OF FEDERAL AMENDMENT TO STATEHOOD ACT AFFECTING AN INTEREST OF THE STATE UNDER THAT ACT. A federal statute or proposed federal statute that affects an interest of this State under the Act admitting Alaska to the Union is ineffective as against the State interest unless approved by a two-thirds vote of each house of the legislature or approved by the people of the State. The legislature may, by a resolution passed by a majority vote of each house, place the question of approval of the federal statute on the ballot for the next general election unless in the resolution placing the question of approval, the legislature requires the question to be placed before the voters at a special election. The approval of the federal statute by the people of the State is not effective unless the federal statute described in the resolution is ratified by a majority of the qualified voters of the State who vote on the question. Unless a summary of the question is provided in the resolution passed by the legislature, the lieutenant governor shall prepare an impartial summary of the question. The lieutenant governor shall present the question to the voters so that a "yes" vote on the question is a vote to approve the federal statute.

* Sec. 2. The amendment proposed by this resolution shall be placed before the voters of the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the State of Alaska, and the election laws of the state.

LR064

Resolve: LR064

Source Root: HJR061

Year: 1996

Source Bill: HJR 61

Opposing the proposed changes in the functions of the federal Office of Veterans Affairs in Anchorage.

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

WHEREAS, with roughly 73,000 veterans, Alaska ranks second among the states for its proportion of veterans and that proportion is increasing more than in any other state because of the downsizing of the state's military installations and the relocation of discharged military personnel within the state; and

WHEREAS the veterans in Alaska deserve to have personal access to and consultation with federal personnel when they file and process claims relating to their veteran status, including the claims of their families; and

WHEREAS the processing time for veterans' claims in the Anchorage office currently ranks sixth among 57 regional offices; and

WHEREAS that processing time and personal access would be disastrously affected by federal proposals to downsize the Anchorage office by moving the function of adjudicating compensation and pension matters to Reno, Nevada, and Phoenix, Arizona, which are thousands of miles away from where the Alaska veterans live;

BE IT RESOLVED that the Alaska State Legislature strongly opposes federal proposals to downsize the Anchorage office by shifting some of its functions to other states.

COPIES of this resolution shall be sent 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; Mr. Carroll Williams, Director, Veterans Affairs and Rehabilitation Commission, Washington, D.C.; and Mr. Alonzo M. Poteet III, Director, Veterans Affairs and Medical Regional Office Center, Anchorage, Alaska.

LR065

Resolve: LR065

Source Root: HCR025

Year: 1996

Source Bill: HCR 25 am

Declaring May 15, 1996, 381st Intelligence Squadron Logistics Division Day.

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

WHEREAS the dedicated professionals of the 381st Intelligence Squadron Logistics Division take great pride in performing the mission of the 11th Air Force, Air Intelligence Agency, Third Wing, and the Alaskan Command; and

WHEREAS the Division has distinguished itself by accomplishing superior communications and electronics maintenance through total dedication to mission, superior innovation, and outstanding professionalism; and

WHEREAS the Division has brought great honors to the 11th Air Force, Air Intelligence Agency, Third Wing, and to the Alaskan Command by winning the United States Air Force Outstanding Logistics Plans and Programs Award, the Lieutenant General Leo Marquez Award, the Honorable Dudley Sharp Award, and the General Thomas P. Gerrity Award for outstanding logistics; and

WHEREAS the accomplishments of the Division would not have occurred without the exceptional technical skills and dedicated service of the men and women of the Division;

BE IT RESOLVED that the Alaska State Legislature declares May 15, 1996, to be 381st Intelligence Squadron Logistics Division Day.

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; Brigadier General Michael Hayden, Commander, Air Intelligence Agency; and to Lieutenant Colonel Leslie Miller, Commander of the 381st Intelligence Squadron.

LR066

Resolve: LR066

Source Root: SCR034

Year: 1996

Source Bill: SCR 34

Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 372, relating to liquor licenses.

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

LR067

Resolve: LR067

Source Root: SCR033

Year: 1996

Source Bill: SCR 33

Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Joint Resolution No. 20, relating to unfunded federal mandates and the Conference of the States.

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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 resolution, are suspended in consideration of House Joint Resolution No. 20, relating to unfunded federal mandates and the Conference of the States, so that the title, as changed, may read: "Urging the Congress of the United States to pass S. 1629, the Tenth Amendment Enforcement Act of 1996."

LR068

Resolve: LR068

Source Root: SCR032

Year: 1996

Source Bill: SCR 32

Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 109, relating to telephone solicitations, advertisements, and directory listings.

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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. 109, relating to telephone solicitations, advertisements, and directory listings.

LR069

Resolve: LR069

Source Root: SCR035

Year: 1996

Source Bill: SCR 35

Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 405, relating to optometrists and dispensing opticians.

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

LR070

Resolve: LR070

Source Root: HJR020

Year: 1996

Source Bill: SCS CSHJR 20 (STA)

Urging the Congress of the United States to pass S. 1629, the Tenth Amendment Enforcement Act of 1996.

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

WHEREAS the United States Congress, by its authority to regulate commerce among the states, has repeatedly preempted state laws, including those relating to health, welfare, transportation, communications, banking, environment, and civil justice, reducing the ability of state legislatures to be responsive to their constituents; and

WHEREAS more than one-half of all federal laws preempting states have been enacted by the Congress since 1969, intensifying an erosion of state power that leaves an essential part of our constitutional structure -- federalism -- standing precariously; and

WHEREAS the United States Constitution anticipates that our American federalism will allow differences among state laws, expecting people to seek change through their own legislatures without federal legislators representing other states preempting states to impose national laws; and

WHEREAS constitutional tension necessary to protect liberty arises from the fact that federal law is "the supreme Law of the Land" while, in contrast, powers not delegated to the federal government are reserved to the states or to the people, and that tension can exist only when states are not preempted and, thus, remain credible powers in the federal system; and

WHEREAS less federal preemption means states can act as laboratories of democracy, seeking novel social and economic policies without risk to the nation; and

WHEREAS S. 1629 is designed to create mechanisms for careful consideration of proposals that would preempt states in areas historically within their purview through procedural mechanisms in the legislative, executive, and judicial branches of government, namely

(1) in the legislative branch, by requiring a statement of constitutional authority and an expression of the intent to preempt states;

(2) in the executive branch, by curbing agencies that may preempt beyond their legislative authority;

(3) in the judicial branch, by codifying judicial deference to state laws where the Congress is not clear in its intent to preempt;

BE IT RESOLVED that the Alaska State Legislature urges that

(1) the congressional delegation of this state cosponsor S. 1629 in order to show its support for a decisive role for states within the federal system;

(2) the United States Congress enact S. 1629, the Tenth Amendment Enforcement Act of 1996, in order to strengthen the political safeguards of federalism as anticipated under the United States Constitution; and

(3) the President of the United States sign S. 1629 as a means of ensuring full consideration of federalism principles within the exercise of executive powers.

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 Newt Gingrich, Speaker of the U.S. House of Representatives; the Honorable Bob Dole, Majority Leader of the U.S. Senate; 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.

LR071

Resolve: LR071

Source Root: HJR066

Year: 1996

Source Bill: HJR 66 am

Relating to opposing the American Heritage Areas Program.

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

WHEREAS the federal government is proposing to authorize an American Heritage Areas Program that would designate areas of the country and make those areas subject to legislation as part of the National Park System; and

WHEREAS federal proposals labeling private property invite, and are intended to invite, the destruction of private property rights, particularly when used by federal agencies in conjunction with other or subsequent legislation; and

WHEREAS provisions should be made under the American Heritage Areas Program in federal legislation to allow private property owners to reject or withdraw their property from such labeling without penalty, and to allow private property owners to avoid such labeling entirely; and

WHEREAS the National Park Service has devised the label "eligible but not designated" that creates the false impression that private property owners can avoid the consequences of being designated under the program despite the fact that this "eligible" label amounts to a de facto designation under the program because the government may treat eligible property the same as designated property under language such as, "This Act applies to. . . . . and properties eligible to be so designated"; and

WHEREAS the power to plan or zone private land is a power reserved to the states and the people of the states; and

WHEREAS, despite claims to the contrary, the clear intent and effect of the proposal would be to, de facto, involve the federal government in planning and zoning activities; and

WHEREAS it would be imprudent to tolerate or favor constitutionally questionable land designations and labels for which the consequences cannot be fully specified in advance but which appear likely to be injurious to private property rights; and

WHEREAS giving the American Heritage Areas Program a basis in legislation would greatly facilitate and increase the intrusive designation and labeling by government of private land; and

WHEREAS the enormity of some of the proposed areas (Rocky Mountain Heritage Corridor, Mississippi River Valley Heritage Corridor, and others) demonstrates an inexcusable and unacceptable federal arrogance;

BE IT RESOLVED that the Alaska State Legislature opposes the authorization of an American Heritage Areas Program and urges the members of Alaska's Congressional delegation to oppose the authorization and work to abolish the American Heritage Areas Program.

LR072

Resolve: LR072

Source Root: HCR038

Year: 1996

Source Bill: HCR 38

Relating to state control of the management of the region surrounding the Fortymile River and its drainage.

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

WHEREAS the region surrounding the Fortymile River and its drainage has had a long history of mining use and is known to be one of the richest mining regions in the state; and

WHEREAS the United States Bureau of Land Management has used every means available to it to prevent mining in the Fortymile River region;

BE IT RESOLVED that the Alaska State Legislature respectfully requests the governor to take the steps necessary for the state to assume control of the management of the region surrounding the Fortymile River and its drainage.

LR073

Resolve: LR073

Source Root: HCR026

Year: 1996

Source Bill: CSHCR 26(FIN) am

Relating to creation of the Public Inebriate Task Force.

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

WHEREAS, with passage of the Federal Uniform Alcoholism and Intoxication Treatment Act of 1971, the State of Alaska adopted the following policy: "that alcoholics and intoxicated persons should not be criminally prosecuted for their consumption of alcoholic beverages and that they should be afforded a continuum of treatment that can introduce them to, and help them learn new life skills and social skills that would be useful to them in attaining and maintaining normal lives as productive members of society"; and

WHEREAS Title 47 of the Alaska Statutes requires that inebriates be taken to the closest medical facility for screening before placing the inebriates in a public treatment facility or if none is available, in a city- or state-owned holding cell for a maximum of 12 hours or until their blood alcohol level is less than .10 and the costs of these medical screenings or the payment for the medical screenings have never been defined by AS 47; and

WHEREAS local medical facilities are directed to provide medical screening and medical treatment to intoxicated persons brought to them by public safety officials or emergency service personnel and can expect no remuneration for these services; and

WHEREAS community and state detention facilities, which are already overcrowded, must provide protective custody to persons who are taken into custody by community service patrols or public safety officials; and

WHEREAS this federal and state mandate has placed a significant burden on communities, especially those rural communities that do not have a continuum of treatment services available to effectively address this problem; and

WHEREAS this policy has created a public safety issue that results in an inordinate burden on local public safety officials to protect these individuals; and

WHEREAS, if this public safety issue is ignored, municipalities face significant legal liability issues;

BE IT RESOLVED that the Alaska State legislature establishes the Public Inebriate Task Force in order to develop and recommend to the legislature a plan for treatment and services for intoxicated persons and persons incapacitated by alcohol; and be it

FURTHER RESOLVED that the task force shall

(1) evaluate federal law and state statutory and regulatory language relating to the protective custody provisions of AS 47;

(2) identify methods that may be implemented to minimize use of the protective custody provisions of AS 47;

(3) identify methods that may be implemented to maximize opportunity for treatment;

(4) determine costs to communities, public health facilities, and detention facilities;

(5) determine other costs related to the protective custody provisions of AS 47;

(6) evaluate and determine methods to utilize community solutions;

(7) evaluate policy that will organize and allow state departments to work collaboratively to solve this problem; and be it

FURTHER RESOLVED that the task force shall consist of 13 voting members as follows:

(1) one member of the House of Representatives appointed by the Speaker of the House;

(2) one member of the Senate appointed by the President of the Senate;

(3) seven members appointed jointly by the Speaker of the House and the President of the Senate as follows:

(A) one member of the Advisory Council on Alcohol and Drug Abuse;

(B) two members nominated by the Alaska Municipal League;

(D) one health care provider representing community hospital administrators;

(E) one substance abuse treatment provider;

(F) one member of the Alaska Native Health Board; and

(4) four members appointed by the Governor as follows:

(A) one member of the Department of Health and Social Services;

(B) one member of the Department of Public Safety;

(D) one member of the Department of Law; and be it

FURTHER RESOLVED that the task force shall select a chair and vice-chair from the members of the task force, shall meet as frequently as the task force determines necessary to perform its work, and may meet and vote by teleconference; and be it

FURTHER RESOLVED that the conduct of the task force meetings shall be in sessions open to the public where all interested parties may provide information; and be it

FURTHER RESOLVED that the task force shall report its findings and recommendations to the Governor and the Legislature by March 1, 1997; and be it

FURTHER RESOLVED that the task force is terminated on March 1, 1997.

SR005

Resolve: SR005

Source Root: SR005

Year: 1996

Source Bill: SR 5

Relating to the federal government's failure to abide by the intent of the Alaska National Interest Lands Conservation Act.

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BE IT RESOLVED BY THE SENATE:

WHEREAS the Alaska National Interest Lands Conservation Act (ANILCA), P.L. 96- 487, was intended by its framers to fully settle the status of all federal land in Alaska and therefore provide much needed stability for the benefit of all businesses and citizens of the State of Alaska; and

WHEREAS two areas of extreme importance to Alaska in ANILCA were

(1) Title XI, which provided a mechanism to gain a right of access across Conservation System Units that were created as part of ANILCA; and

(2) Secs. 101d and 1326b of ANILCA which prohibited the creation of new Conservation System Units in Alaska; and

WHEREAS Title XI of ANILCA was specifically included to provide assured, reasonable, and timely access across the patchwork of federal Conservation System Units in Alaska but has been administered by the federal government in such a manner as to amount to no more than useless rhetoric; and

WHEREAS secs. 101d and 1326b of ANILCA were included to assure no further land withdrawals from multiple use from the federal land base in Alaska, but these provisions have also been ignored by the federal government since the passage of ANILCA; and

WHEREAS these two areas of extreme importance have been ignored by the federal government with the end result negatively affecting citizens and businesses in Alaska; and

WHEREAS Alaska has the ability to request land exchanges under secs. 103b and 1302h of ANILCA of land now known to contain high resource values that have been arbitrarily withdrawn from multiple use by ANILCA;

BE IT RESOLVED that the Alaska State Senate respectfully requests that the federal government live up to the true intent of the Alaska National Interest Lands Conservation Act in all issues of access, and creation of additional Conservation System Units, and fully support exchanges of high resource value land with Alaska to enable Alaska to establish greater economic and infrastructure opportunities for the people of the state.

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 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; 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.

SR006

Resolve: SR006

Source Root: SR006

Year: 1996

Source Bill: CSSR 6(RES)

Endorsing passage of S. 506 and H.R. 1580, measures making responsible changes in the Mining Law of 1872.

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BE IT RESOLVED BY THE SENATE:

WHEREAS more than 60 percent of land in the state is federal land; and

WHEREAS most of this federal land is not currently open to mineral entry; and

WHEREAS much of the federal land in the state, including, for example, the location of the Greens Creek Mine on federal land within the Tongass National Forest, is of high mineral potential; and

WHEREAS orderly and responsible exploration and development of mineral resources on federal land within the state can do much to diversify and strengthen the state's economy; and

WHEREAS a significant amount of exploration and development of federal mineral land will take place in rural parts of the state, providing much needed jobs and infrastructure; and

WHEREAS, as the mining industry evolves, changes in the industry's legal underpinnings should be made, reflecting that applicable law remains cognizant of the industry's technological improvements;

BE IT RESOLVED that the Alaska State Senate urges the governor, the Alaska Congressional delegation, and the Western Governors' Association to support S. 506 and H.R. 1580, measures proposing responsible changes in the Mining Law of 1872.

COPIES of this resolution shall be sent to the members of the Western Governors' Association 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.