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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