Let's talk about the Constitution

The framers of the Alaska Constitution were thoughtful. They knew government can be corrupt, and one protection they put in the Constitution is in Article VIII, Section 10. It says the state has to give prior public notice before disposing of state land or an interest in land (like an ILMA, or some materials, such as rock and gravel). We have to be able to see what our government is doing with our resources, and have a say in the who and the why, the where, what, and when.

The state didn't like this, so they wrote a change to how they conduct these disposals. They can only dispose of material from a "Designated Material Site", but once a site is designated, they never have to tell us again what they are doing there, with who, why, where, what, when or how much.

But a "Designated Material Site" is essentially a legally defined boundary where the state can do all the industrial stuff required to blast, and extract and produce materials. Telling us where they are going to do that, by designating a site, has nothing to do with giving us prior notice before the deals are made (disposals of state land or interests in land) and giving us the opportunity to weigh in on it.

And THAT is a constitutional violation. Every time they issue a contract for a sale, or try to hand our land over to someone, it is supposed to be transparent and subject to our comments and public oversight. Let's see WHY the framers put that into our state constitution.

The Alaska State legislature publishes a handy reference, Alaska's Constitution: A Citizen's Guide. It tells us:

Article VIII, Section 10. Public Notice

No disposals or leases of state lands, or interests therein, shall be made without prior public notice and other safeguards of the public interest as may be prescribed by law. This section requires the state, when disposing of state lands and resources as authorized by Sections 8 and 9 above, to observe fixed legal procedures that protect the public’s interest in these lands and resources. One such procedure is a formal announcement by the state that it intends to sell, lease or grant a specific parcel before the transaction occurs. This requirement is a protection against fraud and administrative wrongdoing, and against concessions, sales and leases that may inadvertently confer special privileges in violation of Sections 3, 15 and 17.

The Alaska Supreme Court underscored the significance of this provision in Alyeska Ski Corporation v. Holdsworth, 426 P.2d 1006, 1967. In that case, an unsuccessful bidder for a state lease complained of procedural irregularities in the award of the bid. The Department of Natural Resources rejected the complaint and asserted that the commissioner’s decision in the matter was final, not subject to review by the Natural Resources courts. The court held otherwise, compelled by the “unequivocal constitutional mandate requiring that all leases of state lands are to be entered into in accordance with safeguards imposed by law.” If the pertinent statutes and regulations were ambiguous regarding judicial review, the constitution was not, in the view of the court. The justices noted that Article VIII, Section 10 “reflects the framers’ recognition of the importance of our land resources and of the concomitant necessity for observance of legal safeguards in the disposal or leasing of state lands.”

Think about it. If the state was your neighbor, and they wanted to let someone have 25 cubic yards of gravel for their own use, would that be different than if maybe they leased 100 acres to a foreign corporation who operates a commercial industrial production quarry, and maybe they cut a deal with the state or an elected official's campaign for something that smells like a kickback paid for with federal highway dollars? Just sayin'. We don't know they are doing that, because we don't ever get to know what is going on in these "Designated Material Sites"!

Does that raise any questions for you? If it does, then translate that to a public comment. Something like,

The Designated Material Site the state wants to place in Talkeetna that thereafter removes any further public notice of state disposals from the site seems like it is an unconstitutional scheme.  It somehow equates designating a permanent "site" location for activity with the actual prior public notice required whenever there is a material sale, lease, or other disposal, by thereafter removing the need for public notice of disposals from that location. Please address how implementing this statute complies with Article VIII, Section 10 of the Alaska Constitution.

They can't just tell us where they are going to make disposals. They have to tell us the who, what, why, when and how much. That's how we help them stay honest.

You can cut and paste that right into your comments if you want!