Subsistence News-4/21/95

To   Subsistence 2

From:      Larry Roberts:R10F02A

Postmark:  Apr 21,95  8:23 AM          Delivered: Apr 21,95 10:01 AM

Status:    Previously read

Subject: Subsistence News-4/21/95

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Message:

*The 9th Circuit Court of Appeals ruled yesterday, April 20, in the Katie John v. U.S. lawsuit. The court agreed with the federal government (USDA and USDI). The Alaska National Interest Lands Conservation Act (ANILCA), as interpreted by the federal government, includes navigable waters which the federal government holds a reserved water interest.

*The Appeals Court reversed the District Court ruling. The Appeals Court ruled that the federal agencies responsible for managing Title VIII (Subsistence Management and Use) under ANILCA are responsible for administration, and identifying those waters in which the federal government has an interest in the reserved water rights doctrine.

*It is now up to the federal agencies to determine which, if any, navigable waters within the Chugach and Tongass National Forests are included. This effort could take considerable time to assess.

*The 9th Circuit also appealed to the State of Alaska and Congress to come up with a legislative solution to the ongoing dilemma surrounding the subsistence issue.

*Governor Knowles has appointed Fran Ulmer, Lieut. Governor, to work diplomatically with all interests to resolve the long standing subsistence issue.