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1977-07-14 Regular Meeting1 1 1 2 1 5 1 KODIAK ISLAND BOROUGH SPECIAL ASSEMBLY MEETING JULY 14, 1977 I CALL TO ORDER The meeting was called to order by Presiding Officer James Peotter in the Borough Meeting Room at 6:22 P.M. II ROLL CALL Present r. Murl Estes Absent Mr. Edward Jack Dr. Michael Emmick (excused) Mr. James Peotter S. Wayne Kotula, Mayor Mr. Frank Peterson Mrs. Sandra Kavanaugh Mrs. Betty Wallin A quorum was established. III ITEMS OF BUSINESS A. Consideration of Appeal which has been filed by the Borough on the interim conveyances of lands from the Bureau of Land Management to the Ouzinkie Native Corporation. Mr. Peotter explained that the resolution had been prepared by the borough attorney and reviewed by the assembly. Mr. Estes read Resolution No. 77 -35 -R. Mrs. Kavanau_h moved for ado.tion of Resolution No. 77 -35 -R. ! y 'rs. a hn Mrs. Kavanaugh requested that some of the wording be changed: (1) Kodiak Borough or Borough should read "Kodiak Island Borough "; (2056427) where AA- 6688 -A appears also should appear A- 056426 and (3) Page 3, last paragraph delete "by patent" in phrase "requesting an immediate transfer by title of all lands (by patent) • to the Kodiak Island Borough, et cetera ". Mr. Estes, with the permission of the chair, directed a question to Mr. Panamaroff stating that the Russian Orthodox Church has had an interest in Honk's Lagoon since 1805 and asked if the people of Ouzinkie plan on assisting them or in some way transfer some land to them. Mr. Panamaroff replied in the affirmative. Mr. Peterson asked that No. 4, last page of the resolution, be reread. — regard to TA'd lands mentioned in resolution No. 77 -35 -R (lands the State has selected but perhaps the borough has not selected but should have an opportunity to select.) Mrs. Kavanaugh asked Mr. Nartig what will happen to these tenta- tively approved lands if the resolution is accepted. Mr. Hartig stated that because the borough has not selected all tTie lands they are entitled to, the reason for filing the appeal was to protect the 10 percent it is entitled to which will be gradually reduced each time a selection is made by one of the native corporations. There are approximately 2,300 acres of land which could be lost to the borough for selection. In order for the borough to have an opportunity for selection of these lands a declaratory judgment action could be filed in federal court contest- ing the constitutionality of whether congress could in fact deal with the TA'd lands. This would be very violent action as it would probably inhibit any further negotiation of further transfers of land with regard to the ANCSA which no one would wish to happen. However, if there is some possibility of obtaining the total 45,000 acres of land which is available to the borough, whatever action is necessary should be taken. He estimated that the possibility of s question as to a suit whether u the p state l has esome sobligationertonthe Kodiak Island Borough with regard to the statutory authority they have has not been resolved. Basically this means that the borough has pre- cluded itself of the reduction of approximately 2,300 acres of 1 1 1 1? ) 1 5 1 e KIB SPECIAL ASSEMBLY MEETING - JULY 14, 1977 PAGE 2 land but the constitutionality issue could be raised at any time. The Monashka Bay watershed would probably be the next transfer by the Bureau of Land Management which the borough could review and consider at that time but the borough would not want to tie its hands by any agreement with any native corporation by saying that it would preclude itself from ever exercising that option that was available to it. Members of the Division of Lands stated it was their feeling that the boroughs would be permitted to select the total entitlement that they could have ever selected. He ques- tioned that under the ANSCA the state is precluded from incurring any third party interest in this land which probably means they cannot act on the borough selection but it is good to make the entitlement and it won't hurt to try. Mrs. Wallin stated that S8 241 is not dead but is in an interim committee and will be coming back to the legislature next session. This states that the KIB will have 45,200 acres and that there is a payment in lieu of. This is basically to compensate the borough for lands they are entitled to but could not select but because of the ANSCA are not available to them, to pay them in money rather than land. The bill did not receive favorable action but will be up for consideration in the next legislative session. Feels that the filing of the action., if it is the will of the assembly, against the state to ask for immediate transfer of title to those lands selected will give some impetus to the legislature for con- sideration of this bill. Feels that the native corpora tions could support this. It would take the pressure off the borough who could be working with the native corporations in attempting to make available federal lands in this area. States that any time the borough or city can receive land at the expense of the federal government or the state one cannot possibly be hurt. Mr. Peotter inquired about an oversight hearing to be held on M 21, 1977. Mr. Hartig stated that this will be held in Washington, D. C. for the purpose of looking into the reasons for delay in transfer of lands under the settlement. It was dis- cussed that the KI8 should have a representative at these hearings to let them know that one of the problems is exactly what we are working on now as it puts a burden on the Bureau of Land Manage- ment, making it difficult for them to render decisions. Asked Mr. Hartig to look into having Mr. Robbins of his firm represent KIB at these hearings to testify in their behalf. Mrs. Kavanaugh wished to make it clear that the assembly is working to p rotect the interests of everyone in the borough. Mr. Peterson for the information of borough assemblymen who may not have read the ANSCA, cited two sections: (1) under definitions Section 3 (e) public land means and (2) land selections of the State of Alaska : under Section 10 (b) in the event that the State initiates litigation ; under Section 11 withdrawal of public land, Section 11 (a) 2 all lands located within the townships described • and Section 16 (g) all conveyances made pursuant to this Act shall be Question called. Motion carried by unanimous roll call vote. Mrs. Kavanaugh referring to Mr. Estes's question about the Ouzinkie C it on giving more land to the Russian Orthodox Church, asked if they were going to give more land to the church or merely ease- ments to make it more convenient to get to their church. Mr. Panamaroff stated that they plan to give more land as well as easements. Mr. Peotter stated that Items 8 (Consideration of litigation re- quiring the State of Alaska to immediately transfer title to the KIB on all lands selected by the Borough under A.S. 29.18.190 to which the borough has received tentative approval)and Item C (Consideration of filing on 9,000+ acres of State lands to which 0 0 1 1 2 n S 1 KI3 SPECIAL ASSEMBLY MEETING - JULY 14, 1977 PAGE 3 the borough is entitled under A.S. 29.18.190 under Procedures underlined in A.S. 29.13.200) have been included in the resolution and have been taken care of. Mr. Peterson referred to Item 4 which he had asked to be reread concerning the borough meeting with the ConCressional Delegation, the Governor, and the native corporation to meet as soon as possible. Mr. Peotter stated that the intent is to direct the clerk, Mr. ? ligan, oor the mayor to get in contact with the Alaska Delegation to see about seeing the individuals indicated, the native corpora- tions and the governor and attempt to set up a meeting as soon as possible so steps can be made toward getting the issue resolved. IV ADJOURNMENT ATTEST: Meeting was adjourned at 7:00 p.m. 1 i i Borough Clerk iding Officer aViC,