Navigable Waters. If any Work or Services under this Agreement involve work in, over or alongside any navigable waters, then Seller’s workers’ compensation coverage must cover liability under U.S. Longshoremen and Harbor Workers’ Compensation Act, The Xxxxx Act, Maritime Employers Liability and any other coverage required under Federal or State laws pertaining to workers in, over or alongside navigable waters.
Navigable Waters. Chapter 3 Offenses. Section 133
Navigable Waters. Nothing in the Final Agreement will affect the public right of navigation on navigable waters.
Navigable Waters. 6.4.1 The Final Agreement will not affect the public right of access on navigable waters within Sechelt Treaty Land.
Navigable Waters. Alaska became a State in 1959 and under the Equal Footing Doctrine and the Submerged Lands Act inherited title to almost 60+ million acres of submerged lands. However, settling title to those lands has been an onerous task of gigantic proportions. Alaska has over 20,000+ potentially navigable rivers and well over 1 million lakes that could qualify as navigable and at the present rate of title resolution it could take thousands of years to settle the State’s claims.. Unfortunately, time works against the State as it has to prove, on a case by case basis, that the water body was navigable at the time of statehood. Couple that with an uncooperative Federal Government and the task rates high on our “Mission Impossible” list. This issue must be addressed or the state stands to lose, by attrition, a major part of its statehood entitlement. I have included a paper (appendix # 1) that Xx. Xxx Xxxxxx and I wrote for the legislative majority in 2004. This information was put together with help from the Department of Law and legislative legal counsel. The legislature subsequently passed legislation authorizing the creation of a Joint Federal/State Commission with authority to identify and resolve navigability determinations in hopes that the Federal Government could be enticed to participate in such an endeavor to reduce the title resolution issue from thousands of years to a few hundred. This issue has broader implication as the native community attempts to resolve the title to its lands. Hundreds of rivers, lakes and streams considered navigable by the State were determined to be non-navigable by BLM prior to 1983 when lands were conveyed to village or regional corporations under ANCSA. This issue becomes more critical as efforts are made by the federal government to establish a deadline for completing the land conveyance process. If the State exerts its title rights, ANCSA corporations may be unable to replace erroneously conveyed submerged lands if the selection process has been terminated. The State must file a Quiet Title Action in federal courts to definitively resolve a dispute with the federal government regarding ownership of a navigable water body. The federal agencies have taken a very narrow interpretation of the Quiet Title Act asserting that the courts have no jurisdiction to hear quiet title actions unless the federal government expressly asserts an interest in the lands. The courts have upheld this view in some cases which means that the State’s titl...
Navigable Waters. The Final Agreement will not affect public rights of access on navigable waters within Nisga'a Lands.
