Sponsor Statement for SB 79

"An Act relating to the power of the attorney general to waive immunity from suit in federal court"

The State of Alaska is presented with an opportunity to determine its title to certain submerged lands. Alaskan citizens are currently suing the United States seeking a judgment that the federal government owns the tidelands in the Tongass National Forest. Although the State has not been named as a defendant, intervening in the case would provide the opportunity for the State to assert its title to the lands in dispute.

The ability to move forward in a precedent setting case hinges on the legislature granting the attorney general the authority to waive the State's 11th Amendment immunity. This waiver will allow the State to enter into a lawsuit with the federal government.

This is a time sensitive issue in that the case before the court could be dismissed as of the 14th of February. Prompt legislative action on this measure is critical in requesting a continuance on the court's action.

Only by joining as a defendant in this lawsuit can the State litigate this title. The Quiet Title Act requires that the United States "claim an interest" in the disputed property before the State can litigate their claim. In this case, the United States has carefully avoided taking any formal position as to whether it believes it, or the State, has title to the tidelands in question. Therefore, by joining as a defendant, the State would secure the opportunity to establish title to lands it owns by virtue of the equal footing doctrine, as an attribute of its sovereignty.

Passage of Senate Bill 79 grants the attorney general the authority to join this precedent setting case.