[Congressional Record Volume 148, Number 72 (Wednesday, June 5, 2002)]
[Senate]
[Page S5051]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MURKOWSKI (for himself and Mr. Stevens):
  S. 2587. A bill to establish the Joint Federal and State Navigable 
Waters Commission of Alaska; to the Committee on Energy and Natural 
Resources.
  Mr. MURKOWSKI. Mr. President, I rise today to introduce a bill that 
will help rectify a long-standing problem that adversely affects an 
array of citizens, landowners, and government entities in Alaska. The 
Alaska Navigable Waters Commission legislation will create a joint 
Federal-State commission to establish a process to facilitate 
determinations of the navigable status of lakes, rivers, and streams in 
Alaska. This is a vital step in determining the ownership of the 
riverbanks and submerged lands.
  Under the Equal Footing Doctrine and the Submerged Lands Act, every 
state gains title to the submerged lands that underlie navigable 
waterways within its borders upon entering the Union. Or, I should say, 
is supposed to gain title. For decades now, the State of Alaska has 
been in the unique position of having unresolved navigability 
determinations for tens of thousands of waterways around the state. 
This leaves not only the ownership status in limbo but causes 
unnecessary jurisdictional problems and headaches. This is an 
intolerable position for Alaskans.
  In fact, since Alaska became a State in 1959, only 13 of its more 
than 22,000 rivers have been determined to be navigable, and the status 
of well over one million lakes has been left in question. The only 
recourse available to the State has been to pursue litigation against 
the United States, a time-consuming, expensive, and unwarranted 
requirement.
  To date, the Federal Government has been unwilling to sit down with 
the State and make these determinations, even though for the vast 
majority of these waterways, no reasonable person could disagree as to 
the navigability of the waters under well-established legal standards.
  I want to stress to my colleagues that this bill does not change in 
any way the legal criteria for navigability determinations. Those have 
been well settled in a body of Federal case law, led by the Gulkana 
decision, that stands undisturbed by this legislation. What the bill 
does is create a joint, Federal-State body to engage in dialogue that 
will help to resolve these long-standing disputes, and bring Alaska the 
same legal rights enjoyed by its 49 sister States.
  Creating a joint commission to resolve thorny Federal-State issues is 
not a novel concept. In 1971, the Congress and the State of Alaska 
created a joint commission to assist in the land-use planning process 
created under the Alaska Native Claims Settlement Act. This process 
streamlines communication between the State and Federal governments, 
and creates an infrastructure for ongoing negotiation over difficult 
issues. It also obviates the need for litigation over the status of 
those waterways where agreement can be reached. I think we all can 
agree that anything that reduces the need for litigation is a good 
thing.
  The Alaska legislature has considered companion legislation, 
introduced by the Senate President, Rick Halford, and the Speaker of 
the Alaska House, Brian Porter. That legislation has now been approved 
by both houses of the legislature. We should enact Federal legislation 
so that we may join the State of Alaska in seeking to rectify the 
problem.
  I encourage my colleagues to support this bill. Under the Equal 
Footing Doctrine, Alaska is supposed to enjoy the same rights and 
privileges as all other states. This bill is another important step in 
making that national principle a reality.
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