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23rd Alaska State Legislature
The 23rd Alaska State Legislature
23rd Alaska State Legislative Majority Achievements
2nd Session - Major Issues and Successful Legislation


Managing our Resources for Future Generations
Alaska State Legislature
Alaska State Legislature
Alaska State Legislature

"The House Special Committee on Oil and Gas worked this session to promote the sustainable development of our natural resources, respond to issues related to non-conventional gas development, and to provide continuing assurances to those who want to do business in Alaska that we are ready and willing to do our part."

- Rep. Vic Kohring
Chair, House Special Committee on Oil & Gas

"We have a trust responsibility that is very carefully laid out in the State Constitution. We are to manage the lands and their natural resources for the common benefit of all the people. Good management, good conservation, implies wise use-we can't just lock it up. Good stewardship implies good use, and the key word there is use. Those resources that we can wisely harvest, we should harvest for the benefit of the people. Those renewable resources that are out there should not be squandered. We should be looking at how we can use those resources and still keep a renewable side of the equation. That implies management, not just monitoring.
      So much of what people outside our state want us to do is lock up our resources in a park and just look at it, rather than manage it. We believe as a Legislature we have a trust responsibility to manage it for the beneficiaries. If the Legislature does not step up to the plate, then it is abdicating its trustee responsibilities.
      The Twenty-Third Legislature also took significant steps to begin resolving the State's navigable waters disputes. When Alaska became a state, we came into the nation under the equal footing doctrine that said we had all the same rights as every state that entered the nation before us. President Dwight Eisenhower declared that when we entered, we entered as an equal. Ever since then we have been fighting to try to get equality. The federal government still owns a huge chunk of land. The last 14 states to come into the nation were required as a condition of statehood to give up huge tracks of land to the federal government. It was blackmail. So now this tension exists. What lands were actually transferred to the state at statehood? What waters were actually transferred to the state at statehood?
      Until we had become a state, the law has always said the federal government holds those lands and waters in trust for the people of the future state. When we became a state, that trust went away. It was disbursed to the new beneficiaries of the trust, the new citizens of the state. As part of that, and also in the statehood act through the equal footing doctrine and confirmed through the submerged lands act, the state was to have title to the submerged lands underneath all the navigable streams and lakes and three miles out to sea. The federal government has not transferred us that title. We are asking why not? It's been 45 years. Where is our title? It's very difficult to manage when you don't know who owns the land, who owns the water."

- Rep. Ralph Seekins
Chair, Senate Judiciary Committee
and sponsor of Resource Management legislation

Image by Bud CurtisArticle VIII of the Alaska Constitution gives the legislature authority over its resources to "provide for the utilization, development, and conservation of all natural resources belonging to the state, including land and waters, for the maximum benefit of its people."

That mandate provides the cornerstone for legislation passed by the Twenty-third Legislature regarding management of Alaska's resources.

As part of a "Standing up for Alaska's land rights" package, the Legislature took important steps to move the state closer to resolving ownership and management of the state's navigable waters and public access rights. The ownership of more than 60 million acres is at stake.

The Legislature passed three bills to move the process forward by outlining the state's legal position on ownership of submerged lands, renewing the Joint Federal and State Navigable Waters Commission, encouraging the Interior Secretary and the Alaska congressional delegation to support the continuation of the process for securing title to submerged land, and asking congress to amend the Quiet Title Act to ensure federal cooperation in resolving submerged land title disputes.

The Joint Salmon Industry Task Force also recommended changes to the management of Alaska's fishing resources that were adopted by the Legislature. Salmon harvesters will be able to vote on changing the tax structure of the Alaska Seafood Marketing Institute for marketing.


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2004 Successful Legislation

HB 452 : Guided Sport Fishing
Passed Legislature! Await Transmit to Gov. Sponsored by the Rep. Cheryll Heinze

An Act relating to licensing and regulation of sport fishing services operators and fishing guides; and providing for an effective date.

Version: SCS CS HB 452 (RES)
Contact: Jon Bittner, 465-4930
Action: 05-10-04: Passed the Senate

An Act relating to licensing and regulation of sport fishing operators and sport fishing guides; authorizing the Department of Fish and Game and the Alaska Commercial Fisheries Entry Commission to release records and reports to the Department of Natural Resources and the Department of Public Safety; and providing for an effective date.

| Sponsor Statement |
| Bill Summary | [PDF - 6 Pages - 12 KB]
| ADF&G Comments on Guide Licensing | [PDF - 5 Pages - 14 KB]

House Bill 452 : Provides for licensing and regulation of sport fishing operators and sport fishing guides. Authorizes the Department of Fish and Game and the Alaska Commercial Fisheries Entry Commission to release records and reports to the Department of Natural Resources and the Department of Public Safety.

HB 486 : Mining Reclamation Assurances/Fund
Passed Legislature! Await Transmit to Gov.
Sponsored by the House Rules Committee
Requested by Gov. Frank Murkowski

An Act relating to reclamation bonding and financial assurance for certain mines; relating to financial assurance limits for lode mines; establishing the mine reclamation trust fund; and providing for an effective date.

Version: HB 486 (FIN)
Contact: Mike Tibbles, 465-4021
Action: 04-05-04: (S)RES » (S)RLS

This bill would make three changes to existing law. First, it would remove "lode mines," sometimes referred to as "hard-rock mines," from the current bonding "cap" of $750 per acre for mine reclamation responsibilities; the cap would remain in effect for placer mines. Second, it would replace the term "performance bond" with the term "financial assurance," and would list various ways to provide that assurance, in order to give mining companies and the state the flexibility to employ a variety of financial assurance vehicles. Third, it would create a mine reclamation trust fund, which would allow the build-up of an adequate reclamation fund through payments made over time and through the earnings on that fund.

| Gov's Transmittal Letter |

House Bill 486 : Makes three changes to existing law. First, removes "lode mines," sometimes referred to as "hard-rock mines," from the current bonding "cap" of $750 per acre for mine reclamation responsibilities; the cap would remain in effect for placer mines. Second, replaces the term "performance bond" with the term "financial assurance," and lists various ways to provide that assurance, in order to give mining companies and the state the flexibility to employ a variety of financial assurance vehicles. Third, creates a mine reclamation trust fund, which allows the build-up of an adequate reclamation fund through payments made over time and through the earnings on that fund.

HJR 34 : Federal Training And Assistance For Fishermen
Passed Legislature! Await Transmit to Gov.
Sponsored by Rep. Dan Ogg
Requested by the Jnt. Salmon Industry Task Force Committee

Requesting the United States Department of Agriculture and the United States Department of Labor to extend Trade Adjustment Assistance benefits to Alaska fishermen; requesting the United States Congress and the United States Department of Agriculture to extend additional disaster and price support benefits to Alaska salmon fishermen; and requesting the United States Department of Agriculture to establish terminal markets in Alaska for all covered commodities including salmon.

Version: CS HJR 34 (FSH)
Contact: Melissa Dover, 465-2487
Action: 04-19-04: Passed the Senate

The United States Department of Agriculture (USDA) and the United States Department of Labor have Trade Adjustment Assistance (TAA) programs that were designed to help workers whose industries have been hurt by imports. This resolution asks the USDA to establish a (TAA) program for fisherman.

| Sponsor Statement |

House Joint Resolution 34 : Requests the United States Department of Agriculture and the United States Department of Labor to extend Trade Adjustment Assistance benefits to Alaska fishermen; requests the United States Congress and the United States Department of Agriculture to extend additional disaster and price support benefits to Alaska salmon fishermen; and requests the United States Department of Agriculture to establish terminal markets in Alaska for all covered commodities including salmon.

HJR 36 : Mitigating Glacier Bay Fishing Closures
Passed Legislature! Await Transmit to Gov. Sponsored by Rep. Bruce Weyhrauch

Requesting the National Park Service to mitigate the adverse economic effects of commercial fishing closures and restrictions in Glacier Bay National Park and Preserve.

Version: SCS HJR 36 (RES)
Contact: Linda Sylvester, 464-4963
Action: 05-03-04: (S)RES » (S)RLS

This Resolution asks the National Park Service to take simple steps to mitigate the adverse consequences that fishing closures in Glacier Bay have had on those who once participated.

| Sponsor Statement |

House Joint Resolution 36 : Asks the National Park Service to take simple steps to mitigate the adverse consequences that fishing closures in Glacier Bay have had on those who once participated.

SB 56 : Sport Fishing Fees For Yukon Residents
Signed Into Law! Chapter 4 SLA 04
Sponsored by Sen. Fred Dyson

An Act relating to sport fishing license fees and anadromous king salmon tag fees for residents of Yukon, Canada.

Version: HCS CS SB 56 (FIN)
Contact: Jason Hooley, 465-3762
Action: 03-08-04: Signed by Governor March 8

SB 56 allows Yukon residents to obtain sport fishing licenses and king salmon tags at the same rate as Alaskan residents. The Yukon government extends the same resident rate to Alaskans.

| Sponsor Statement |

Senate Bill 56 : Allows Yukon residents to obtain sport fishing licenses and king salmon tags at the same rate as Alaskan residents; the Yukon government extends the same resident rate to Alaskans.

SB 190 : Kenai River Special Management Area
Signed Into Law! Chapter 141 SLA 04br> Sponsored by Sen. Thomas Wagoner

An Act adding certain state-owned land and water to the Kenai River Special Management Area; relating to the mineral estate of the state-owned land and water in the Kenai River Special Management Area; amending the qualifications for members of the Kenai River Special Management Area advisory board; and providing for an effective date.

Version: HCS CS SB 190 (RLS)
Contact: Amy Seitz, 465-2828
Action: 06-30-04: Signed Into Law

On May 11, the Senate unanimously passed House amendments made to SB 190. SB 190 furthers the implementation of the Kenai River Comprehensive Management Plan by adding state-owned land to the Kenai River Special Management Area. Also gives the commissioner of the Department of Natural Resources the ability to appoint a state or federal employee to one of the private citizen's seats while a state or federal agency representative can only hold a non-voting seat.

| Sponsor Statement |
| Sectional Analysis |
| Map of State Lands | [PDF - 1 Page - 85 KB]
| Fact Sheet | [PDF - 1 Page - 103 KB]

Senate Bill 190 : Furthers the implementation of the Kenai River Comprehensive Management Plan by adding state-owned land to the Kenai River Special Management Area. Gives the commissioner of the Department of Natural Resources the ability to appoint a state or federal employee to one of the private citizen's seats while a state or federal agency representative can only hold a non-voting seat.

SB 241 : Appropriations: Natural Gas Development Authority
Signed into Law! Chapter 14 SLA 04
Sponsored by Sen. Gene Therriault

An Act making an appropriation to the Alaska Natural Gas Development Authority; and providing for an effective date.

Version: CS SB 241(FIN) AM H
Contact: Joe Balash, 465-4797
Action: 04-13-04: Governor » Signed into Law

The Governor signed SB 241 into law April 13. SB 241 appropriates $1.65 million to the Department of Revenue for work related to bringing natural gas from the North Slope to market. The appropriation lapses June 30, 2005.

| Press Release |
| Fact Sheet | [PDF - 1 Page - 30 KB]

Senate Bill 241 : Appropriates $1.65 million to the Department of Revenue for work related to bringing natural gas from the North Slope to market during Fiscal Year 2004. The language of the appropriation is broad enough to cover work for the Alaska Natural Gas Development Authority as well as technical expertise critical to on-going negotiations under the Stranded Gas Development Act. An accompanying letter of intent stipulates that at least $650,000 be allocated directly to the Alaska Natural Gas Development Authority, created by a voter-approved citizens' initiative in the 2002 general election. The appropriation lapses June 30, 2005.

SB 273 : ASMI Board/ Seafood Taxes & Assessments
Signed Into Law! Chapter 31 SLA 04
Sponsored by Sen. Gary Stevens

An Act relating to the Alaska Seafood Marketing Institute, the seafood marketing assessment, the seafood marketing tax, and the seafood product tax; and providing for an effective date.

Version: HCS CS SB 273 (FIN)
Contact: Katrina Matheny, 465-4713
Action: 05-13-04: Signed Into Law

Senate unanimously concurred with House changes. SB 273 changes the tax structure of the Alaska Seafood Marketing Institute and reduces the size of its board from 25 to either seven or nine members, depending on the outcome of an election. The current tax structure levies 1 percent on salmon harvesters and a voluntary .3 percent on processors for marketing. SB 273 requires an election in the Fall for processors to vote on whether to A) eliminate the ASMI assessment, B) retain the current .3 percent, or C) increase the assessment to .5 percent. If processors approve the .5 percent assessment, the 1 percent salmon marketing tax would be eliminated. If processors retain the .3 percent or eliminate the assessment, the 1 percent salmon harvester tax would be retained, and two more fisherman would be added to the ASMI board.

| Sponsor Statement |
| Fact Sheet | [PDF - 1 Page - 113 KB]

Senate Bill 273 : Changes the tax structure of the Alaska Seafood Marketing Institute and reduces the size of its board from 25 to either seven or nine members, depending on the outcome of an election. The current tax structure levies 1 percent on salmon harvesters and a voluntary .3 percent on processors for marketing. SB 273 requires an election in the Fall for processors to vote on whether to A) eliminate the ASMI assessment, B) retain the current .3 percent, or C) increase the assessment to .5 percent. If processors approve the .5 percent assessment, the 1 percent salmon marketing tax would be eliminated. If processors retain the .3 percent or eliminate the assessment, the 1 percent salmon harvester tax would be retained, and two more fishermen would be added to the ASMI board.

SB 295 : Extend Navigable Waters Commission
Signed Into Law! Chapter 41 SLA 04
Sponsored by Sen. Gene Therriault

An Act extending the termination date of the Navigable Waters Commission for Alaska; and providing for an effective date.

Version: SB 295
Contact: Zach Warwick, 465-4797
Action: 06-04-04: Signed Into Law

Extends the life of the Joint Federal and State Navigable Waters Commission for Alaska until 2006. The commission’s purpose is to expedite the title process to the state’s submerged lands, to determine which bodies of water are navigable or non-navigable, and to recommend ways to improve the water navigability determination process and quickly clear title to the state’s submerged lands.

| Sponsor Statement |
| Fact Sheet | [PDF - 1 Page - 29 KB]

Senate Bill 295 : Part of the "Standing up for Alaska's Land Rights" package, extends the life of the Joint Federal and State Navigable Waters Commission for Alaska until 2006. The commission's purpose is to expedite the title process to the state's submerged lands, to determine which bodies of water are navigable or non-navigable, and to recommend ways to improve the water navigability determination process and quickly clear title to the state's submerged lands.

SB 305 : Asserting State Title To Submerged Land
Signed Into Law! Chapter 42 SLA 04
Sponsored by Sen. Gene Therriault

An Act relating to state ownership of submerged land underlying water that was navigable at the time Alaska achieved statehood.

Version: HCS SB 305 (FIN)
Contact: Joe Balash, 465-4797
Action: 06-04-04: Signed Into Law

Senate unanimously concurred with House changes May 6. It outlines the state's position on the ownership of submerged lands and requires the commissioner of the Department of Natural Resources to compile a list of navigable waters.

| Sponsor Statement |
| Fact Sheet | [PDF - 1 Page - 29 KB]

Senate Bill 305 : Part of the "Standing up for Alaska's Land Rights" package, outlines the state's position on the ownership of submerged lands. Requires the commissioner of the Department of Natural Resources to compile a list of navigable waters. Makes available to the public a map of all water in the state that is determined to be navigable.

SB 315 : Entry Permit Buy-Back Program
Signed Into Law! Chapter 51 SLA 04
Sponsored by Sen. Ben Stevens
Requested by the Jnt. Salmon Industry Task Force Committee

An Act relating to the administration of commercial fishing entry permit buy-back programs.

Version: SB 315
Contact: Cheryl Sutton, 465-2705
Action: 06-09-04: Signed Into Law

SB 315 modifies existing law governing commercial fishing entry permit buy-back programs by allowing the Commercial Fisheries Entry Commission to “front fund” a buy-back program if an appropriation were received. These funds would be repaid by fishermen who are engaged in a buy-back program.

| Sponsor Statement |
| Fact Sheet | [PDF - 1 Page - 29 KB]

Senate Bill 315 : Modifies existing law governing commercial fishing entry permit buy-back programs by allowing the Commercial Fisheries Entry Commission to "front fund" a buy-back program if an appropriation were received. These funds would be repaid by fishermen who are engaged in a buy-back program.

SB 322 : Salmon Enhancement Tax
Signed Into Law! Chapter 52 SLA 04
Sponsored by Sen. Ben Stevens
Requested by the Jnt. Salmon Industry Task Force Committee

An Act relating to the rate of the salmon enhancement tax.

Version: SB 322
Contact: Cheryl Sutton, 465-2705
Action: 06-09-04: Signed Into Law

SB 322 offers flexibility for Regional Aquaculture Associations by adding tax rates of 30, 20, 15, 10, 9, 8, 7, 6, 5 and 4 percent to the salmon enhancement tax that the fishermen may impose on themselves. Under current law fishermen may self-assess 1, 2 or 3 percent of the value of their harvest for the purpose of funding the operation of their regional aquaculture associations.

| Sponsor Statement |
| Fact Sheet | [PDF - 1 Page - 31 KB]

Senate Bill 322 : Offers flexibility for Regional Aquaculture Associations by adding tax rates of 30, 20, 15, 10, 9, 8, 7, 6, 5 and 4 percent to the salmon enhancement tax that the fishermen may impose on themselves. Under current law fishermen may self-assess 1, 2 or 3 percent of the value of their harvest for the purpose of funding the operation of their regional aquaculture associations.

SB 329 : Nuisance Moose
Signed Into Law! Chapter 72 SLA 04
Sponsored by Sen. Con Bunde by Request

An Act relating to control of nuisance moose.

Version: CS SB 329 (RES) Am H
Contact: Karen McCarthy, 465-4843
Action: 06-16-04: Signed Into Law

SB 329 instructs the Commissioner of the Department of Fish & Game to avoid destruction of nuisance moose if a practicable alternative exists for the relocation of the moose to suitable habitat. Allows the commissioner to authorize one or more private individuals or groups to relocate nuisance moose to suitable habitat under certain circumstances. Requires the relocator to cover the cost of relocation. SB 329 also makes sure darts containing narcotics used to tranquilize moose, shall be recovered and properly disposed.

| Sponsor Statement |
| Fact Sheet | [PDF - 1 Page - 32 KB]

Senate Bill 329 : Instructs the Commissioner of the Department of Fish & Game to avoid destruction of nuisance moose if a practicable alternative exists for the relocation of the moose to suitable habitat. Allows the commissioner to authorize one or more private individuals or groups to relocate nuisance moose to suitable habitat under certain circumstances. Requires the re-locator to cover the cost of relocation. Ensures that darts containing narcotics used to tranquilize moose shall be recovered and properly disposed.

SCR 19 : Supporting Fisheries Education
Passed Legislature! Leg. Resolve 41
Sponsored by Sen. Gary Stevens
Requested by the Jnt. Salmon Industry Task Force

Relating to the support of fisheries education, training, and research and encouraging collaborative efforts between the state, the University of Alaska, and other educational institutions to provide fisheries education programs.

Version: SCR 19
Contact: Katrina Matheny, 465-4713
Action: 04-14-04: Transmitted to Governor

SCR 19 unanimously passed the House April 6. It supports a recommendation from the Joint Legislative Salmon Industry Task Force to promote fisheries education and collaboration between the University of Alaska and other institutions to provide seafood education and training programs.

| Sponsor Statement |
| Fact Sheet | [PDF - 1 Page - 29 KB]

Senate Concurrent Resolution 19 : Supports a recommendation from the Joint Legislative Salmon Industry Task Force to promote fisheries education and collaboration between the University of Alaska and other institutions to provide seafood education and training programs.

SJR 26 : Salmon Enhancement In Wilderness Areas
Passed Legislature! Leg. Resolve 37
Sponsored by Sen. Thomas Wagoner

Requesting the United States Department of the Interior and the United States Department of Justice to appeal the decision of the United States Court of Appeals for the Ninth Circuit in The Wilderness Society v. United States Fish and Wildlife Service and to seek an emergency stay of the decision pending an appeal of the decision to the United States Supreme Court.

Version: CS SJR 26 (RES)
Contact: Amy Seitz, 465-2828
Action: 04-05-04: Governor » Permanently Filed

SJR 26 asks the Interior Department and the U.S. Department of Justice to appeal to the U.S. Supreme Court the decision of the Ninth Circuit Court of Appeals in The Wilderness Society v. United States Fish and Wildlife Service. It also asks for a temporary emergency stay of the decision to allow the project to continue this year while the decision is under appeal.

| Sponsor Statement |
| Fact Sheet | [PDF - 1 Page - 30 KB]

Senate Joint Resolution 26 : Asks the Interior Department and the U.S. Department of Justice to appeal to the U.S. Supreme Court the decision of the Ninth Circuit Court of Appeals in The Wilderness Society v. United States Fish and Wildlife Service. Asks for a temporary emergency stay of the decision to allow the project to continue this year while the decision is under appeal.

SJR 27 : Submerged Land Title Disputes
Passed Legislature! Leg Resolve 45
Sponsored by Sen. Ralph Seekins

Relating to the resolution of submerged land title disputes.

Version: SJR 27
Contact: Brian Hove, 465-2327
Action: 06-04-04: Permanently filed

SJR 27 encourages the Interior Secretary to continue recording disclaimers of interest (statements that the federal government has no stake in the property); requests federal participation in the Joint Navigable Waters Commission for Alaska; and recommends amendment of the federal Quiet Title Act.

| Sponsor Statement |
| Fact Sheet | [PDF - 1 Page - 30 KB]

Senate Joint Resolution 27 : Part of the "Standing up for Alaska's Land Rights" package, encourages the Interior Secretary to continue recording disclaimers of interest (statements that the federal government has no stake in the property); requests federal participation in the Joint Navigable Waters Commission for Alaska; and recommends amendment of the federal Quiet Title Act.

SR 4 : Amend Wildersness Act
Passed Senate! Senate Resolve 5
Sponsor by the Sen. Resources Committee

Requesting the United States Congress to amend the federal Wilderness Act to authorize fishery enhancement programs and similar activities in wilderness areas.

Version: SR 4
Contact: Linda Hay, 465-3878
Action: 05-07-04: Senate Floor

Passed Senate May 7 by a vote of 14 to 5. Expresses the Senate's request that Congress amend the Wilderness Act to exclude noncommercial activities such as the sockeye salmon enhancement program in Tustumena Lake from being considered commercial enterprises under provisions of the Act.

Senate Resolution 4 : Expresses the Alaska State Senate's request to Congress to amend the Wilderness Act to exclude non-commercial activities such as the sockeye salmon enhancement program in Tustumena Lake from consideration as a commercial enterprise under provisions of the Act.


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