1977-35 Relating To Action To Be Taken By The Kodiak Island Borough.KODIAK ISLAND BOROUGH
RESOLUTION NO. 77 -35 -R
A RESOLUTION RELATING TO ACTION TO BE TAKEN BY
THE KODIAK ISLAND BOROUGH ASSEMBLY TO FACILITATE SETTLE-
MENT OF CONFLICTING CLAIMS TO ENTITLEMENT TO LANDS WITH-
IN THE KODIAK ISLAND BOROUGH.
WHEREAS, the Kodiak Island Borough has requested the
Borough Attorney to review and evaluate land selections by
village, regional and special corporations under the Alaska
Native Land Claims Act, and to file protests to selections
conflicting with Kodiak Island Borough interests or otherwise
initiate administrative action before the Department of Interior
or any of its agencies to present and advocate the interests Df
the Kodiak Island Borough that will be adversely affected by
approval of those selections; and,
WHEREAS, the Kodiak Island Borough has selected
certain lands within the Kodiak Island Borough from the State,
pursuant to State law; and,
WHEREAS, the village of Ouzinkie and other native
corporations have made certain selections of public land,
pursuant to the Alaska Native Claims Settlement Act; and,
WHEREAS, the land selections by the Kodiak Island
Borough and the native corporations overlap in some areas,
resulting in conflicts as to land entitlement; and,
WHEREAS, a specific selection conflict exists
between the Ouzinkie Native Corporation and the Kodiak Island
Borough with regard to the area known as the Monashka water-
shed (Township 27 South, Range 20 West, Seward Meridian); and,
LLLLerior in village Selection AA- 6688 -A; and,
WHEREAS, the Borough Attorney has recently reviewed
with the Assembly the status of land selections by the Kodiak
Island Borough, the City of Kodiak and the individual native
corporations, and has recommended to the Borough Assembly for
its consideration certain actions, including:
1. The filing of a declaratory judgment action
in Federal District Court against the
federal government to determine whether
Congress has the authority to permit the
transfer to tentatively approved lands of
the state to the native corporations;
2. That the Kodiak Island Borough, pursuant to
Alaska Statute 29.18.190, complete its total
selections of State land. (It is estimated
that the Kodiak Island Borough has selected
some 36,000+ acres of land, and would, there-
fore, be entitled to select approximately
9,000 additional acres. Because of the
scarcity of State lands in the Kodiak Island
Borough area, it would appear that the Kodiak
Island Borough may be precluded from completing
its land selection entitlement if it does not
take immediate action);
3. That the Kodiak Island Borough consider the
filing of an action against the State of
Alaska, requesting an immediate transfer by
title of all lands to the Kodiak Island
Borough which have been selected by the
Kodiak Island Borough. (It was pointed out
that a similar action has been filed by the
Matanuska - Susitna Borough against the State,
which, in part, accounts for the consideration
by the State Legislature of a bill this past
year to compensate Borough governments for
lands which were selected by them, but which
may not be available to them.); and,
n
WHEREAS, the Kodiak Island Borough is desirous of
reaching an amicable solution to the land conflict with the
Village of Ouzinkie, in order to permit the Village of Ouzink'
to receive title to its selected lands under this selection;
and,
WHEREAS, the Kodiak Island Borough is desirous of
reaching an amicable solution to the conflict with the Villag=
of Ouzinkie with regard to the area of the Monashka watershed,
in order to permit the City of Kodiak to continue with its
planned expansion of water sources to meet critical demands
for additional water supplies; and,
WHEREAS, the Assembly has fully considered the
recommendation of the Borough Attorney, has taken testimony
from the public and from some of the representatives of the
native corporations involved; and,
WHEREAS, the Kodiak Island Borough is and has
continued to take those actions which it deemed necessary to
protect the land interests of the Kodiak Island Borough, yet,
in so doing, has sought to cooperate with the native peoples
and the federal and state governments in the implementation
of the Alaska Native Claims Settlement Act; and,
WHEREAS, testimony presented at the Kodiak Island
Borough Assembly work session held on July 9, 1977, by
representatives of the native corporations indicate that
serious burdens have been placed upon the Village of Ouzinkie
as a result of the recent appeal filed by the Kodiak Island
Borough in AA- 6688 -A (Village Selection) and A- 056426 and
A- 056427 (State Selection), dated June 3, 1977, which has
resulted in the termination of efforts by the Bureau of Land
Management to make interim land transfers to the Ouzinkie
as follows:
1
Native Corporation, thus preventing further actions by the
Ouzinkie Native Corporation to utilize their selected lands
and resources; and,
WHEREAS, the Village of Ouzinkie has stated that it
will meet and negotiate in good faith, in order to reach a
resolution of the land conflict in regard to the Monashka
watershed area, provided that:
1. The Kodiak Island Borough and City of
Kodiak withdraw their appeal in AA- 6688 -A,
A- 056426, and A- 056427;
2. The Kodiak Island Borough refrain from
filing any actions, legal or otherwise,
which place in issue the constitutionality
of the Alaska Native Claims Settlement Act,
with respect to the right of the native
corporations to select State tentatively
approved lands, under Section 11 (a) (2)
of the Act;
3. The Borough Attorney refrain from filing
any actions or appeals on lands selected
by the Ouzinkie Native Corporation which
have not previously been selected by the
Kodiak Island Borough:
WHEREFORE, the Kodiak Island Borough Assembly agrees
1. That the Borough Attorney be directed to
withdraw the Kodiak Island Borough's appeal
ATTEST:
$orou
g
in Ouzinkie Native Corporation Village
Selection Application AA- 6688 -A, A- 056426,
and A- 056427;
2. That the Borough Attorney prepare and file
an action against the State of Alaska,
demanding immediate transfer by title to
the Kodiak Island Borough of all those lands
selected by the Kodiak Island Borough;
3. That the Kodiak Island Borough Planning
Board or other appropriate agency of the
Kodiak Island Borough prepare and file
immediately additional selections of land
for the Kodiak Island Borough under State
statutes, and that such selections complete,
so far as practical, the remaining entitle-
ment by the Kodiak Island Borough.
4. That the Kodiak Island Borough Assembly or
representative meet with Alaska Congressional
Delegation, the Governor and Native Corpora-
tions to review the land selection problem
in the Kodiak Island Borough in an attempt
to resolve the conflicts.
PASSED and APPROVED this /4/ day of
KODIAK ISLAND BOROUGH
. 1977.
Pro tempore