Sponsor Statement for HJR 21

HJR 21, "An act relating to amendment of Title VIII of ANILCA," provides for two important items within the confines of the subsistence debate. First it will allow Alaskans an opportunity to discuss how the resolution of this important issue should take place, among Alaskans, or as imposed on us be federal law. As the legislature debates the merits of HJR 21, the people of Alaska will have a chance to participate in deciding whether this issue is better resolved by placing Alaskans at the table and working out a reasonable solution, or if we should relinquish some of our State's authority by following federal directives.

Secondly, if Alaskans agree, the basic tenets put forth by HJR 21 should be presented to Congress as a possible answer to this long running debate. It is important to note that if Congress acts favorably on HJR 21, that the major issue of a rural preference will remain in federal statute as a prerequisite for state management. However, Alaskans will have the option of trying to come to a reasonable agreement on what the terms "rural" and "customary and traditional" mean. This is a departure from past attempts at resolving the subsistence issue as it doesn't require the emasculation of ANILCA or the amending of the state constitution at the outset of any movement to solve the problem.

HJR 21 also makes a request of Congress to clarify or change some of the other provisions of ANILCA. Among the changes requested are: a definition of public lands that would exclude state and private land and water, prohibit the preemption of state fish and wildlife management on state and private land and water, repeal of federal court oversight of state subsistence management programs, and the elimination of commercial sale of subsistence taken resources.