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
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