SJR 27: Relating to the resolution of submerged land title disputes.
00 SENATE JOINT RESOLUTION NO. 27 01 Relating to the resolution of submerged land title disputes. 02 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 WHEREAS Alaska contains over 20,000 rivers and well over 1,000,000 lakes that are 04 potentially navigable waterways; and 05 WHEREAS the state received potential title to over 60,000,000 acres of submerged 06 land under navigable fresh and marine water within its boundaries at the time the state 07 initially achieved statehood; and 08 WHEREAS the existing processes of resolving submerged land title disputes are 09 inadequate and slow; and 10 WHEREAS litigation in federal courts over submerged land title has been stymied by 11 the narrow interpretation of 28 U.S.C. 2409a (Quiet Title Act) by federal agencies; and 12 WHEREAS the Quiet Title Act should be amended to encourage federal agencies to 13 constructively participate in resolving submerged land title disputes; and 14 WHEREAS the intent of the legislature is to create a joint state and federal 15 commission for the purpose of expediting the state's efforts to cooperatively resolve 16 submerged land title disputes; and
01 WHEREAS the legislature established the Navigable Waters Commission for Alaska 02 in 2002; and 03 WHEREAS legislation providing for federal participation on the Navigable Waters 04 Commission for Alaska was introduced in Congress in 2002 but failed to pass; and 05 WHEREAS the legislature recognizes and compliments the United States Department 06 of the Interior, Bureau of Land Management, for using the recordable disclaimer of interest 07 process to help resolve some title disputes, including submerged land and RS 2477 rights-of- 08 way; and 09 WHEREAS the legislature supports the active pursuit of all means to more quickly 10 resolve submerged land title disputes, including the continuation of the process for recording 11 federal disclaimers of interest, the formation of the Navigable Waters Commission for Alaska, 12 and the amendment of the Quiet Title Act; 13 BE IT RESOLVED that the Alaska State Legislature encourages the Secretary of the 14 Interior and the Alaska congressional delegation to support and endorse the continuation of 15 the process for recording federal disclaimers of interests for quieting title to submerged land; 16 and be it 17 FURTHER RESOLVED that the Alaska State Legislature requests the Alaska 18 congressional delegation to introduce legislation in the Congress to provide for federal 19 participation in the proposed state and federal Navigable Waters Commission for Alaska; and 20 be it 21 FURTHER RESOLVED that the Alaska State Legislature requests the introduction 22 of legislation in the Congress to amend the Quiet Title Act to ensure federal cooperation in 23 resolving submerged land title disputes. 24 COPIES of this resolution shall be sent to the Honorable Gale A. Norton, United 25 States Secretary of the Interior; and to the Honorable Ted Stevens and the Honorable Lisa 26 Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of 27 the Alaska delegation in Congress.