Gov. Dunleavy exerts control over Alaska waters
Alaska Gov. Mike Dunleavy has challenged President Joe Biden by as- serting state management of the more than 800,000 miles of navigable riv- ers and 30 million acres of navigable lakes in Alaska. Dunleavy expressed his intent for the State to exercise its authority to manage them and the related sub- merged lands under state law in a let- ter to the president in March. “For too long, we have waited for federal land managers to fulfil their duty and acknowledge that the Alas- ka people, and not their bureaucra- cies, are the true owners of Alaska’s navigable waters and submerged lands,” said Governor Dunleavy. “De- spite clear legal evidence and com- mon sense, the federal government has failed to loosen its chokehold on these areas. With today’s action, we are asserting our rights and unlocking
Alaska.” Dunleavy has directed Department of Natural Resources (DNR) Commis- sioner Corri Feige to send letters to the Secretary of the Interior and Secretary of Agriculture telling them to cease management oversight of such lands within federal conservation units and refer all users to state authorities. “We at DNR have worked with our federal counterparts for many years to secure quiet title to Alaska’s submerged lands beneath navigable waters,” said Commissioner Cor- ri Feige. “Unfortunately, our good- faith efforts have been met with de - lay, denial, and resistance that have cost the state time and money, and further deprived many Alaskans of the opportunity to enjoy their state- hood birthright. The administra- tion’s initiative reflects the truth that these resources are Alaska’s, to
be enjoyed by Alaska without federal interference.” The Bureau of Land Management, National Park Service, and U.S. Fish and Wildlife Service and the U.S. For- est Service manage more than 200 million acres in Alaska including sub- merged lands within the boundaries of federal conservation system units (CSUs). The governor’s action comes on the second anniversary of the U.S. Supreme Court decision in Sturgeon v. Frost , in which it ruled unanimously that John Sturgeon had the right to cross navigable waters to access state hunting grounds, even if the waters passed through the Yukon-Charley National Preserve. The ruling made clear that Alas- kans have the right to use navigable waters in other ANILCA-created con- servation system units (CSUs) as well.
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The Alaska Miner
April 2021
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