April 3, 2009
Senator Bill Wielechowski and Senator Lesil McGuire
Senate Resources Committee
Alaska State Legislature
Juneau, AK 99801
Re: SCR 3, Urges the Governor to protect Alaska’s sovereign right to manage the submerged land of its navigable rivers.
Dear Senators Wielechowski and McGuire:
On behalf of the Resource Development Council (RDC), I am writing to support SCR 3, which urges the Governor to protect Alaska’s sovereign right to manage the submerged land of its navigable rivers.
RDC is a statewide membership-funded organization founded in 1975. The RDC membership is comprised of individuals and companies from Alaska’s oil and gas, mining, timber, tourism, and fisheries industries, as well as Alaska Native corporations, local communities, organized labor, and industry support firms. RDC’s purpose is to link these diverse interests together to encourage a strong, diversified private sector in Alaska and expand the state’s economic base through the responsible development of our natural resources.
The State of Alaska is slowly, but steadily losing one of its most valuable sovereign rights under the Statehood Act, the Submerged Lands Act and the Alaska National Interest Lands Conservation Act (ANILCA). The State acquired control over navigable waters regardless of upland ownership for mining, recreation, commerce and other uses. Alaska’s Constitution, laws and regulations make it clear the State owns and manages submerged lands of navigable waterways and that its citizens have free and unrestricted access unless restricted under regulations authorized by the Alaska Legislature. In addition, ANILCA under Sec. 103-C states that regulations adopted for national parks only apply to federal lands.
In 1996, the National Park Service placed another layer of regulations over the State of Alaska’s management of its navigable waterways. It has come to our attention the Park Service is enforcing prohibitions on the use of certain types of watercraft that are authorized by the State. On some rivers, the Park Service is restricting the methods and means used by sport and subsistence fishermen. They have also required commercial operators of riverboat and dog mushing tours to secure federal permits. These actions are eroding the State’s legitimate jurisdiction on our navigable waters. The State should act to protect its right to manage the submerged land of its navigable rivers.
Thank you for consideration of these comments in support of SCR 3.
Sincerely,
Resource Development Council for Alaska, Inc.
