If enacted, HB 98 would amend existing state laws pertaining to the definition of navigable waters and associated submerged lands. The bill states that the state owns all submerged land underlying navigable waters that came into state ownership at statehood. It mandates that the commissioner of natural resources compiles and maintains a public list and map of these navigable waters, aiding in the clarity of state land ownership and management. Consequently, it aims to assert stronger control over land that could be subject to federal claims.
Summary
House Bill 98 aims to clarify the state of Alaska's ownership interest in submerged lands underlying navigable waters within the boundaries of and adjacent to federal areas. Introduced on March 6, 2023, the bill seeks to codify a comprehensive list of state-owned submerged lands while establishing an annual legislative reporting requirement to maintain the accuracy of this list. The intent is to reinforce the state's claim on these areas as they were designated on the date of statehood, under the Equal Footing Doctrine and the Submerged Lands Act of 1953.
Contention
There may be contention regarding the implications this bill has on federal and state relationships concerning land management and ownership. Critics might express concern that the clarifications in the bill could lead to disputes over federal jurisdictions and state assertions of authority. Additionally, the methodology used to determine the navigability of waters designated as navigable could potentially be challenged, especially in areas traditionally classified as navigable by federal standards. Proponents, however, argue that this clarification is essential for protecting state interests and ensuring that local resource management aligns with state priorities.
An Act to Assert State Ownership over Ocean Waters up to 12 Nautical Miles and Submerged Lands and Marine Resources up to 24 Nautical Miles off the State's Coast and to Direct the Attorney General to Study That Ownership
Provides that the legislature would be the body that negotiates on behalf of the state for all activities occurring in, on and over state submerged land extending beyond twenty-five (25) acres.
Provides that the legislature would be the body that negotiates on behalf of the state for all activities occurring in, on and over state submerged land extending beyond twenty-five (25) acres.
Provides that the legislature would be the body that negotiates on behalf of the state for all activities occurring in, on and over state submerged land extending beyond twenty-five (25) acres.
Authorizing The Issuance Of A Twenty-five-year Term, Nonexclusive Easement Covering A Portion Of State Submerged Lands At Waikiki, Honolulu, Oahu, For Concrete Stairs, And For Use, Repair, And Maintenance Of The Improvements Constructed Thereon.
Article V Convention; process for appointing commissioners and alternate commissioners to represent the State of Alabama at Article V Convention established