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1995-36 Supporting Judicial Resolution of the Substantive Issues Regarding Leisnoi's Alaska Native Claims Settlement Act (ANCSA) Eligibility.KODIAK ISLAND BOROUGH RESOLUTION NO. 95 -36 Introduced by: Assemblymembers Hancock, McFarland, Milligan Requested by: Assemblymembers Hancock, McFarland, Milligan Drafted by: Assemblymembers Hancock, McFarland, Milligan Introduced: 08/17/95 Amended: 08/17/95 Adopted: 08/17/95 A RESOLUTION SUPPORTING JUDICIAL RESOLUTION OF THE SUBSTANTIVE ISSUES REGARDING LEISNOI'S ALASKA NATIVE CLAIMS SETTLEMENT ACT ( ANCSA) ELIGIBILITY WHEREAS, the local economy of the Kodiak Island Borough and the lifestyle of its people depend upon access to land and waters along Kodiak's limited road system; and WHEREAS, Leisnoi, Inc. is a member of the Kodiak Island Borough as the private owner of most of the land along Kodiak's limited road system, owning over 82 square miles of Kodiak and adjacent islands, including most of Kodiak's accessible timber, all of Long Island, Termination Point, and the lands bordering the most popular fishing, hiking, camping, and hunting areas; and WHEREAS, Leisnoi, Inc. has recently entered into discussion with the Kodiak Island Borough to identify areas where public access easement for recreation would be added and areas which would be acquired back to public ownership; and WHEREAS, the Kodiak Island Borough has assisted in identifying access easements over the years since Leisnoi's acquisition of its current landholding; and WHEREAS, litigation is in progress to fairly determine in an open public setting whether or not Leisnoi was properly certified under applicable federal statutes and regulations; and WHEREAS, the Kodiak Island Borough has not been a party to this case and does not have all of the facts involved in the case and, therefore, takes no position either way in this pending case; and WHEREAS, Senate Bill 537 is a proposed amendment to the ANCSA Technical Correction Legislation which would confirm Woody Island as an eligible Native village; and WHEREAS, the Kodiak Island Borough seeks to end this controversy; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Assembly supports the judicial resolution, which is well underway, of the substantive issues regarding Leisnoi's ANCSA eligibility. Kodiak Island Borough, Alaska Resolution No. 95 -36 Pogo 1ot2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the mayor is directed to continue negotiations with Leisnoi, Inc. to assure continued public access to the most popular recreational areas on or adjacent to Leisnoi lands until this issue is resolved. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Assembly recommends Congressional legislation that would confirm or ratify Leisnoi's existence only after the present judicial evaluation and decision is resolved, that Congress's role would be to sanction the judicial process rather than circumvent it. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: ATTEST: 6319 1/) The Assembly recommends Congress should hold local public hearings in Kodiak prior to any Congressional action. An amendment to Section 109 of Senate Bill 537 to add the sentence: "This section shall become effective on October 1, 1998, unless the United States judicial system determines this village was fraudulently established under ANCSA prior to October 1, 1998 ". ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTEENTH DAY OF AUGUST, 1995 c r� cmc Donna F. Smith, CMC, Borough Clerk Kodiak Inland Borough, Alaska KODIAK ISLAND BOROUGH - Jere M. Selby, Borough w) c . . Mary Monroe, Presiding Officer Ratolutlon No. 99.98 Page 2 of 2