1970-23 Protesting The Designation Of Lands Within The State Of Alaska, The Right Of Title To Which Is Held By Indians, Eskimos Or Aleuts, Within The Open-To-Entry Land Program Of The State.and
KODIAK ISLAND BOROUGH
RESOLUTION NUMBER 70 -23 -R
A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
PROTESTING THE DESIGNATION OF LANDS WITHIN THE STATE OF ALASKA,
THE RIGHT OR TITLE TO WHICH IS HELD BY INDIANS, ESKIMOS OR ALEUTS,
WITHIN THE OPEN -TO -ENTRY LAND PROGRAM OF THE STATE
WHEREAS, Section 4 of the Alaska Statehood Act, which
is an act providing for the admission of the State of Alaska into
the Union, there appears the following compact:
"Section 4. As a compact with the United States
said State and its people do agree and declare that they forever
disclaim all rights and title to any lands or other property not
granted or confirmed to the State or its political subdivisions
by or under the authority of this act, the right or title to which
is held by the United States or is subject to disposition by the
United States, and to any lands or other property (including
fishing rights) the right or title to which may be hald by any
Indians, Eskimos, or Aleuts (hereinafter called Natives) or is
held by the United States in trust for said Natives; that all
such lands or other property, belonging to the United States or
which may belong to said Natives, shall be and remain under the
absolute jurisdiction and control of the United States until
disposed of under its authority, except to such extent as Congress
has prescribed or may hereafter prescribe, and except when held
by individual Natives in fee without restrictions on alienation."
WHEREAS, Article 12, Section 12 of the Constitution
of the State of Alaska provides as follows:
"Section 12. Disclaimer and Agreement. The State
of Alaska and its people forever disclaim all right and title in
or to any property belonging to the United States or subject to
its disposition, and not granted or confirmed to the State or
Rage One, RESOLUTION NO. 70 -23 -R
is political subdivisions, by or under the act admitting Alaska
to the Union. The State and its people further disclaim all
right or title in or to any property, including fishing rights, th
right or title to which may be held by or for any Indan, Eskimo, c-
Aleut, or community thereof, as that right or title is defined in
. the Act of Admission. The State and its people agree that, unless
otherwise provided by Congress, the property, as described in this
'I section, shall remain subject to the absolute disposition of the
United States."
WHEREAS, it has come to the attention of the Kodiak
Island Borough that certain lands within the Kodiak Island
Borough and the Kodiak Island Group have been classified as
"land- open -to- entry" under the provisions of Chapter 157 of the
Session Laws of Alaska, 1968, and that certain of those lands
so classified have been and now are being used as garden and
grazing areas by persons whose right or title is protected
within Section 4 of the Alaska Statehood Act and Section 12 of
Article 12 of the Constitution of the State of Alaska.
NOW, THEREFORE, BE IT RESOLVED by the Kodiak Island
Borough Assembly that a formal protest be lodged against these
intrusions and that all entries on lands now in use as gardens and
grazing areas, or that have been traditionally used by villagers,
for those purposes, be set aside and held void and that the
persons actually in occupation and using such lands be given the
opportunity to file thereon with a right of preference.
PASS AND APPROVED this 10thday of November , 1970.
KODIAK ISLAND BOROUGH ASSEMBLY
Il t t
Chairman
ATT
/`
orough C erk
Page Two, RESOLUTION NO. 70 -23 -R
By
By