Public Land Laws Affecting National Forests in Alaska

United States Department of Agriculture Forest Service Alaska Region R10-MR-053 November 2010

Public Land Laws Affecting National Forests in Alaska

Public Land Laws Affecting National Forests in Alaska

Maria Lisowski Regional Lands Program Leader Forest Service, U.S. Department of Agriculture Alaska Region 709 W. Ninth Street, Juneau, Alaska 99801

November 2010

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FOREWARD Laws are not masters but servants, and he rules them who obeys them. ~Henry Ward Beecher No organic law can ever be framed with a provision specifically applicable to every question which may occur in practical administration. No foresight can anticipate, nor any document of reasonable length contain, express provisions for all possible questions. ~Abraham Lincoln The minute you read something that you can’t understand, you can almost be sure that it was drawn up by a lawyer. ~Will Rogers As a former attorney with the Office of the General Counsel and the current Regional Lands Program Manager, I’ve been asked to find, interpret, and explain many statutes for employees in the last twenty years. This first edition of Public Land Laws Affecting National Forests in Alaska is compiled to help Alaska Region employees understand the laws that apply to the lands and resources they manage so they are more effective stewards and public servants. I hope you will find this a useful reference. Clearly, not every law that applies to National Forest System lands in Alaska is included in this edition, but included are those I’ve referred employees to most frequently and a few that are simply difficult to find. It’s not surprising that I receive the most questions from employees about the Alaska National Interest Lands Conservation Act (ANILCA). This first edition is published to commemorate ANILCA’s enactment thirty years ago. Sometimes it does take a lawyer to understand the law, but the answers are here (mostly) and now you know where to find them.











~Maria Lisowski November, 2010

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TABLE OF CONTENTS TREATY WITH RUSSIA March 30, 1867.............................................................................................................................. . 003 NATIVE ALLOTMENT ACT, May 17, 1906, Amended by Public Law 931, August 2, 1956....................................................................................................   004 CHUGACH PROCLAMATIONS July 23, 1907, February 23, 1909................................................................................................... 005 TONGASS PROCLAMATIONS September 10, 1907, February 16, 1909........................................................................................   006 ALASKA STATEHOOD ACT Public Law 85-508, July 7, 1958 ALASKA OMNIBUS ACT (ROADS) Public Law 86-70, June 25, 1959................................................................................................... 007 ALASKA NATIVE CLAIMS SETTLEMENT ACT (ANCSA), Public Law 92-203, December 18, 1971........................................................................................008 ANCSA AMENDMENTS (ESCROW) Public Law 94-204, January 2, 1976............................................................................................. .009 ANCSA AMENDMENTS (KLUKWAN) Public Law 94-456, October 4, 1976............................................................................................. 010 ANCSA AMENDMENT (SAXMAN/YAKUTAT WITHDRAWAL) Public Law 95-178, November 15, 1977........................................................................................011 ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT (ANILCA), Public Law 96-487, December 2, 1980 .........................................................................................012 ANILCA AMENDMENT (ADMIRALTY ISLAND) Public Law 99-235, January 9, 1986..............................................................................................013 HAIDA LAND EXCHANGE ACT OF 1986 Public Law 99-664, November 17, 1986....................................................................................... 014 ANCSA AMENDMENTS OF 1987 Public Law 100-241, February 3, 1988.......................................................................................... 015 ANILCA AMENDMENT (SUBMERGED LANDS) Public Law 100-395, August 16, 1988...........................................................................................016 ADMIRALTY ISLAND NATIONAL MONUMENT LAND MANAGEMENT ACT OF 1990 Public Law 101-378, August 17, 1990........................................................................................... 017 TONGASS TIMBER REFORM ACT Public Law 101-626, November 28, 1990.....................................................................................   018 ALASKA LAND STATUS TECHNICAL CORRECTIONS ACT OF 1992 Public Law 102-415, October 14, 1992......................................................................................... 019

ANCSA AMENDMENTS (MINING CLAIMS/HAZARDOUS SUBSTANCES), Public Law 104-42, November 2, 1995......................................................................................... 020 GREENS CREEK LAND EXCHANGE ACT OF 1995 Public Law 104-123, April 1, 1996................................................................................................  021 ANCSA AMENDMENT (NATIVE VETERANS ALLOTMENT) Public Law 105- 276, October 21, 1998........................................................................................  022 ANCSA LAND BANK PROTECTION ACT OF 1998 Public Law 105-333, October 31, 1998......................................................................................... 023 KAKE TRIBAL CORPORATION LAND TRANSFER ACT Public Law 106-283, October 6, 2000........................................................................................... 024 RUSSIAN RIVER LAND ACT Public Law 107-362, December 19, 2002...................................................................................... 025 CRAIG RECREATION LAND PURCHASE ACT Public Law 108-325, October 13, 2004.........................................................................................  026 ALASKA LAND TRANSFER ACCELERATION ACT Public Law 108-452, December 10, 2004......................................................................................027 SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS (SAFETEA-LU) (RECIPROCAL RIGHTS-OF-WAY), Public Law 109-59, August 10, 2005.............................................................................................  028 OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009 (COFFMAN COVE), Public Law 111-11, March 30, 2009..............................................................................................  029 ALASKA NATIVE CONSULTATION Public Law 108-199 Public Law 108-447 Executive Order 13175..................................................................................................................     030 LIGHTHOUSE TRANSFER LEGISLATION Public Law 105-383 Public Law 106-346 Public Law 107-87 Public Law 109-241.......................................................................................................................   031

TREATY WITH RUSSIA. March 30, 1867. Treaty concerning the Cesion of the Russian Possessions in North America by his Majesty the Emperor of all the Russias to the United States of America; Concluded March 30, 1867; Ratified by the United States May 28, 1867; exchanged June 20, 1867; Proclaimed by the United States June 20, 1867.

539

March 30, 1867.

BY THE PRESIDENT OF THE UNITED STATE OF AMERICA,

A PROCLAMATION Whereas a treaty between the United States of America and his Majesty the Emperor of all the Russias was concluded and signed by their respective plenipotentiaries at the city of Washington, on the thirtieth day of March, last, which treaty, being in English languages is, word for word as follows: The United States of America and His Majesty the Emperor of all the Russias, being desirous of strengthening, if possible, the good understanding which exists between them, have, for that purpose, appointed as their Plenipotentiaries: the President of the United States, William H. Seward, Secretary of State; and His Majesty the Emperor of all the Russias, the Privy Councillor Edward de Stoeckl, his Envoy Extraordinary and Minister Plenipotentiary to the United States.

Preamble.

Contracting powers.

And the said Plenipotentiaries, having exchanged their full powers, which were found to be in due form, have agreed upon and signed the following articles:

Article I

His Majesty the Emperor of all the Russias agrees to cede to the United States, by this convention, immediately upon the exchange of the ratifications thereof, all the territory and dominion now possessed by his said Majesty on the continent of America and in the adjacent islands, the same being contained within the geographical limits herein set forth, to wit: The eastern limit is the line of demarcation between the Russian and the British possessions in North America, as established by the convention between Russia and Great Britain, of February 28 - 16, 1825, and described in Articles III and IV of said convention, in the following terms: “Commencing from the southernmost point of the island called Prince of Wales Island, which point lies in the parallel of 54 degrees 40 minutes north latitude, and between the 131st and the 133d degree of west longitude, (meridian of Greenwich,) the said line shall ascend to the north along the channel called Portland channel, as far as the point of the continent where it strikes the 56th degree of north latitude; from this last-mentioned point, the line of demarcation shall follow the summit of the mountains situated parallel to the coast as far as the point of intersection of the 141st degree of west longitude, (of the same meridian;) and finally, from the said point of intersection, the said meridian line of the 141st degree, in its prolongation as far as the Frozen ocean. “IV. With reference to the line of demarcation laid down in the preceding article, it is understood “1st. That the island called Prince of Wales Island shall belong wholly to Russia,” (now, by this cession, to the United States.) “2d. That whenever the summit of the mountains which extend in a direction parallel to the coast from the 56th degree of north latitude to the point of intersection of the 141st degree of west longitude shall prove to be at the distance of more than ten marine

Cession of territory by Russia to United States. Boundries. Boundries of ceded territory.

leagues from the ocean, the limit between the British possessions and the line of coast which is to belong to Russia as above mentioned (that is to say, the limit to the possessions ceded by this convention) shall be formed by a line parallel to the winding of the coast, and which shall never exceed the distance of ten marine leagues therefrom.” The western limit within which the territories and dominion conveyed, are contained, passes through a point in Behring’s straits on the parallel of sixty-five degrees thirty minutes north latitude, at its intersection by the meridian which passes midway between the islands of Krusenstern, or Ignalook, and the island of Ratmanoff, or Noonarbook, and proceeds due north, without limitation, into the same Frozen ocean. The same western limit, beginning at the same initial point, proceeds thence in a course nearly southwest through Behring’s straits and Behring’s sea, so as to pass midway between the northwest point of the island of St. Lawrence and the southeast point of Cape Choukotski, to the meridian of one hundred and seventy-two west longitude; thence, from the intersection of that meridian, in a south-westerly direction, so as to pass midway between the island of Attou and the Copper island of the Kormandorski couplet or group in the North Pacific ocean, to the meridian of one hundred and ninety- three degrees west longitude, so as to include in the territory conveyed the whole of the Aleutian islands east of that meridian.

Boundries.

ARTICLE II.

In the cession of territory and dominion made by the preceding article are included the right of property in all public lots and squares, vacant lands, and all public buildings, fortifications, barracks, and other edifices which are not private individual property. It is, however, understood and agreed, that the churches which have been built in the ceded territory by the Russian government, shall remain the property of such members of the Greek Oriental Church resident in the territory, as may choose to worship therein. Any government archives, papers, and documents relative to the territory and dominion aforesaid, which may be now existing there, will be left in the possession of the agent of the United States; but an authenticated copy of such of them as may be required, will be, at all times, given by the United States to the Russian government, or to such Russian officers or subjects as they may apply for.

Cession of territory and dominion includes what. Private property. Churches. Government archives. Copies will be furnished.

ARTICLE III.

The inhabitants of the ceded territory, according to their choice, reserving their natural allegiance, may return to Russia within three years; but if they should prefer to remain in the ceded territory, they, with the exception of uncivilized native tribes, shall be admitted to the enjoyment of all the rights, advantages, and immunities of citizens of the United States, and shall be maintained and protected in the free enjoyment of their liberty, property, and religion. The uncivilized tribes will be subject to such laws and regulations as the United States may, from time to time, adopt in regard to aboriginal tribes of that country.

Rights of inhabitants of the ceded territory. Those civilianized shall become citizens of the United States. Uncivilized tribes.

ARTICLE IV.

His Majesty the Emperor of all the Russias shall appoint, with convenient despatch, an agent or agents for the purpose of formally delivering to a similar agent or agents appointed on behalf of the United States, the territory, dominion, property, dependencies and appurtenances which are ceded as above, and for doing any other act which may be necessary in regard thereto. But the cession, with the right of immediate possession, is nevertheless to be deemed complete and absolute on the exchange of ratifications, without waiting for such formal delivery.

Agents for formally delivering and receiving the ceded territory, &c.

Cession to be absolute upon, &c.

ARTICLE V.

Immediately after the exchange of the ratifications of this convention, any fortifications or military posts which may be in the ceded territory shall be delivered to the agent of the United States, and any Russian troops which may be in the territory shall be withdrawn as soon as may be reasonably and conveniently practicable.

Fortifications of military posts.

ARTICLE VI.

In consideration of the cession aforesaid, the United States agree to pay at the treasury in Washington, within ten months after the exchange of the ratifications of this convention, to the diplomatic representative or other agent of his Majesty the Emperor of all the Russias, duly authorized to receive the same, seven million two hundred thousand dollars in gold. The cession of territory and dominion herein made is hereby declared to be free and unencumbered by any reservations, privileges, franchises, grants, or possessions, by any associated companies, whether corporate or incorporate, Russian or any other, or by any parties, except merely private individual property holders; and the cession hereby made, conveys all the rights, franchises, and privileges now belonging to Russia in the said territory or dominion, and appurtenances thereto.

Payment by the United States for the ceded territory. Territory ceded declared to be unencumbered by reservations, privileges, franchises, &c. Cession conveys what.

ARTICLE VII.

When this convention shall have been duly ratified by the President of the United States, by and with the advice and consent of the Senate, on the one part, and on the other by his Majesty the Emperor of all the Russias, the ratifications shall be exchanged at Washington within three months from the date hereof, or sooner if possible. In faith whereof, the respective plenipotentiaries have signed this convention, and thereto affixed the seals of their arms. Done at Washington, the thirtieth day of March, in the year of our Lord one thousand eight hundred and sixty-seven. [L.S.] WILLIAM H. SEWARD. [L.S.]EDOUARD DE STOECKL.

Ratifications, when to be exchanged.

And whereas the said Treaty has been duly ratified on both parts, and the respective ratifications of the same were exchanged at Washington on this twentieth day of June, by William H. Seward, Secretary of State of the United States, and the Privy Counsellor Edward de Stoeckl, the Envoy Extraordinary of His Majesty the Emperor of all the Russias, on the part of their respective governments, Now, therefore, be it known that I, Andrew Johnson, President of the United States of America, have caused the said Treaty to be made public, to the end that the same and every clause and article thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the city of Washington, this twentieth day of June in the year of our Lord one thousand eight hundred and sixty-seven, and of the Independence of the United States the ninety-first.

Exchange of ratifications.

By the President: William H Seward, Secretary of State

[L.S.] ANDREW JOHNSON

Proclamation.

FIFTY-NINTH CONGRESS. SESS. 1. CHS. 2465, 2466, 2469, 2470.

Chap. 2469.—An act authorizing the Secretary of the Interior to allot homesteads to the natives of Alaska. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized and empowered, in his discretion and under such rules as he may prescribe, to allot not to exceed one hundred and sixty acres of nonmineral land in the district of Alaska to any Indian or Eskimo of full or mixed blood who resides in and is a native of said district, and who is the head of a family, or is twenty-one years of age; and the land so allotted shall be deemed the homestead of the allottee and his heirs in perpetuity, and shall be inalienable and nontaxable until otherwise provided by Congress. Any person qualified for an allotment as aforesaid shall have the preference right to secure by allotment the nonmineral land occupied by him not exceeding one hundred and sixty acres. Approved, May 17, 1906

1906

May 17, 1906 [S. 5537] [Public, No 171.]

Alaska Homestead allotments to natives

Allotments inalienable and nontaxable Preference rights.

PUBLIC LAW 931 - AUG. 2, 1956 Public Law 931 August 2, 1956 [H.R. 11696]

Alaska. Homestead allotments to Indians or Eskimos.

Conveyance of title.

Allotments in national forests.

Proof of occupancy.



70 STAT. 954] Chapter 891

AN ACT To authorize the conveyance of homestead allotments to Indians, Aleuts, or Eskimos in Alaska.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of May 17, 1906 (34 Stat. 197; 48 U. S. C. 357), is hereby amended— (a) by inserting after the word “Indian” in the first sentence thereof the following”, Aleut”; (b) by inserting before the word “nonmineral” in the first sentence thereof the following: “vacant, unappropriated, and unreserved”; (c) by inserting after the word “Alaska” the first time it appears in the first sentence thereof the following: “, or, subject to the provisions of the Act of March 8, 1922 (42 Stat. 415, 48 U.S.C. 376-377), vacant, unappropriated, and unreserved land in Alaska that may be valuable for coal, oil, or gas deposits,”; (d) by striking the period after the first sentence thereof and adding the following: “: Provided, That any Indian, Aleut, or Eskimo who receives an allotment under this Act, or his heirs, is authorized to convey by deed, with the approval of the Secretary of the Interior, the title to the land so allotted, and such conveyance shall vest in the purchaser a complete title to the land which shall be subject to restrictions against alienation and taxation only if the purchaser is an Indian, Aleut, or Eskimo native of Alaska who the Secretary determines is unable to manage the land without the protection of the United States and the conveyance provides for a continuance of such restrictions.”; and (e) by adding two new sections as follows: “SEC. 2. Allotments in national forests may be made under this Act if founded on occupancy of the land prior to the establishment of the particular forest or if the Secretary of Agriculture certifies that the land in an application for an allotment is chiefly valuable for agricultural or grazing purposes. “SEC. 3. No allotment shall be made to any person under this Act until said person has made proof satisfactory to the Secretary of the Interior of substantially continuous use and occupancy of the land for a period of five years.” Approved, August 2, 1956.

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TAB PAGE 005

CHUGACH PROCLAMATION CHUGACH PROCLAMATION THIRD PROCLAMATION

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TAB PAGE 005 CHUGACH PROCLAMATION CHUGACH PROCLAMATION THIRD PROCLAMATION

CHUGACH NATIONAL FOREST ALASKA

By the President of the United States of America

A Proclamation

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hereas the public lands in the Territory of Alaska, which are hereinafter indicated, are in part covered with timber, and it appears that the public good would be promoted by utilizing said lands as a national forest; Now, therefore, I, Theodore Roosevelt, President of the United States of America, by virtue of the power in me vested by section 24 of the act of Congress, approved March third, eighteen hundred and ninety-one, entitled, “An act to repeal timber-culture laws, and for other purposes,” do proclaim that there are hereby reserved from settlement, entry, or sale, and set apart as a public reservation, for the use and benefit of the people, all the tracts of land, in the Territory of Alaska, shown as the Chugach National Forest on the diagram forming a part hereof, and further described as follows: All of the public land lying within a line beginning at the southern extremity of Cape Puget, Alaska, on the east coast of Kenai Peninsula; thence in a general northerly direction, following the coast line, to the western extremity of Portage Bay; thence northwesterly to the divide between Turnagain Arm and Portage Bay; thence in a general northerly direction alone the divide between Knik Arm and Port Welles and in a general easterly direction along the main divide of the Chugach Mountains, continuing thence to a point on left bank of Copper River opposite the northern extremity of Cottonwood Island; thence southerly, down left bank of said Copper River, to its southern extremity; thence in a southwesterly direction to the southern extremity of Cape Cleare; thence in a northwesterly direction to the southern extremity of Cape Puget, the place of beginning, and embracing all islands within said described line; Excepting from the force and effect of this proclamation the several areas contained within boundaries formed by circles described with a radius of a mile, each, from the centers of the following-named towns and settlements, to wit: Eyak, Orca, Tahtetlahk, Ellamar, Valdez, Fort Liscum, Einiklik, Chenaga, Nutchek, and Latouche: Provided, That this proclamation shall not be so construed as to deprive any person of any valid right possessed under the treaty for the cession or the Russian possessions in North America to the United States, concluded at Washington on the thirtieth day of March, eighteen hundred and sixty-seven, or acquired under any act of Congress relating to the Territory of Alaska; And further excepting from the force and effect of this proclamation all lands which are at this date embraced in any legal entry or covered by any lawful filing or selection duly of record in the proper United States land office, or upon which any valid settlement has been made pursuant to law, if the statutory period within which to make entry or filing of record has not expired; and also excepting all lands which at this date are embraced within any withdrawal or reservation for any use or purpose with which this reservation for for-

ests uses is inconsistent: Provided, That these exceptions shall not continue to apply to any particular tract of land unless the entryman, settler, or claimant continues to comply with the law under which the entry, filing, or settlement was made, or unless the reservation or withdrawal with which this reservation is inconsistent continues in force; not excepting from the force and effect of this proclamation, however, any part of the national forest hereby established which may have been withdrawn to protect the coal therein, but this proclamation does not vacate any such coal-land withdrawal; and provided that these exceptions shall not apply to any land embraced in any selection, entry, or filing, which may have been permitted to remain of record subject to the creation of a permanent reservation. Warning is hereby given to all persons not to make settlement upon any of the lands reserved by this proclamation, unless and until they are listed by the Secretary of Agriculture and opened to homestead settlement or entry bv the Secretary of the Interior under the act of Congress, approved June eleventh, nineteen hundred and six, entitled, “An Act To provide for the entry of Agricultural lands within forest reserves.” In Witness Whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this 23d day of July, in the year of our [SEAL.] Lord one thousand nine hundred and seven, and of the Independence of the United States the one hundred and thirty-second. THEODORE ROOSEVELT 7-23-07 Area - 4.927.000 Acres By the President: Ad of Afognak 403.640 “ ROBERT BACON Acting Secretary of State total 5.330.640 “

CHUGACH NATIONAL FOREST ALASKA

(THIRD PROCLAMATION)

By the President of the United States of America

A Proclamation

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hereas an Executive order dated July second, nineteen hundred and eight, consolidated the Chugach National Forest and the Afognak Forest and Fish Culture Reserve under the name of the Chugach National Forest; And whereas it appears that the public good would be promoted by adding to the Chugach National Forest certain lands within the Territory of Alaska, which are in part covered with timber; Now, therefore, I, THEODORE ROOSEVELT, President of the United States of America, by virtue of the power in me vested by the Act of Congress approved June fourth, eighteen hundred and ninety-seven, entitled, “An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-eight, and for other purposes,” do proclaim that the Chugach National Forest is hereby enlarged and that its boundaries are as shown on the diagram forming a part hereof, and further described as follows: The island of Afognak and the adjacent islands which were set apart by proclamation dated December twenty-fourth, eighteen hundred and ninety-two, as the “Afognak Forest and Fish Culture Reserve,” and also all of the public land lying within a line beginning at a point on the left bank of Copper River, due east of the northern extremity of Cottonwood Island; thence easterly along the divide between the watershed of Bremner River and Chitina River to a point due north of the southern extremity of Cape Suckling; thence due south to the southern extremity of Cape Suckling; thence in a northwesterly direction to the southern extremity of the left bank of Copper River; thence in a southwesterly direction to the southern extremity of Cape Cleare; thence in a northwesterly direction to the southern extremity of Cape Puget; thence in a general northwesterly direction along the divide of the foothills to its intersection with the main divide of the Kenai Mountains; thence in a general westerly direction along said main divide, between the waters of Resurrection Bay and Kenai Lake, and continuing southwesterly along said main divide to the head of Sheep Creek; thence southerly down the left bank of said creek to Kachemak Bay; thence in a general southerly, westerly, and northerly direction along the shores of said bay, Cook Inlet, and Knik Arm, at the mean low tide line, to the right bank of Knik River: thence easterly up the right bank of Knik River to the main divide of the Chugach Mountains; thence in a general easterly direction along the main divide of the Chugach Mountains to a point on the left bank of Copper River, due east of the northern extremity of Cottonwood Island, the place of beginning, and embracing all islands within said described line;

Excepting from the force and effect of this proclamation the several areas contained within boundaries formed by circles described with a radius of a mile each from the centers of the followingnamed towns and settlements, to wit: Eyak, Orca, Tahtetlahk, Ellamar, Valdez, Fort Liscum, Einiklik, Chenaga Nutchek, and Latouche; excepting also a tract of land extending 1 mile back from the tide line, on both sides of the bay known as Valdez Arm; following the tide line from its intersection with the line of 146° 30’ longitude west from Greenwich, easterly around the head of Valdez Arm: Provided, That this proclamation shall not be so construed as to deprive any person of any valid right possessed under the treaty for the cession of the Russian professions in North America to the United States, concluded at Washington on the thirtieth day of March, eighteen hundred and sixty-seven, or acquired under any act of Congress relating to the Territory of Alaska. The withdrawal made by this proclamation shall, as to all lands which are at this date legally appropriated under the public land laws or reserved for any public purpose, be subject to, and shall not interfere with or defeat legal rights under such appropriation, nor prevent the use for such public purpose of lands so reserved, so long as such appropriation is legally maintained, or such reservation remains in force. Since the withdrawal made by this proclamation for forest purposes and the withdrawal made by proclamation dated December twenty-four, eighteen hundred and ninetytwo, for the purpose of establishing fish culture stations and for the use of the United States Commissioner of Fish and Fisheries are consistent, both shall be effective upon the land withdrawn, but the withdrawal for fish culture stations and for the use of the United States Commissioner of Fish and Fisheries shall be the dominant one. This proclamation shall not prevent the settlement and entry of any lands heretofore opened to settlement and entry under the act of Congress approved June eleventh, nineteen hundred and six, entitled, “An Act to provide for the entry of Agricultural lands within forest reserves.” In Witness Whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington, this 23rd day of February, in the year of our Lord [SEAL.] one thousand nine hundred and nine, and of the Independence of the United States the one hundred and thirty-third. By the President: ROBERT BACON Secretary of State

THEODORE ROOSEVELT

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TAB PAGE 006 TONGASS PROCLAMATION TONGASS PROCLAMATION SECOND PROCLAMATION

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TAB PAGE 006 TONGASS PROCLAMATION TONGASS PROCLAMATION SECOND PROCLAMATION

TONGASS NATIONAL FOREST ALASKA

By the President of the United States of America

A Proclamation

W

HEREAS, the public lands in the Territory of Alaska, which are hereinafter indicated, are in part covered with timber, and it appears that the public good would be promoted by utilizing said lands as a National Forest; Now, therefore, I, Theodore Roosevelt, President of the United States of America, by virtue of the power in me vested by section twenty-four of the Act of Congress, approved March third, eighteen hundred and ninety-one, entitled, “An act to repeal timberculture laws, and for other purposes,” do proclaim that there are hereby reserved from settlement, entry, or sale, and set apart as a public reservation, for the use and benefit of the people, all the tracts of land in the Territory of Alaska, shown as the Tongass National Forest on the diagram forming a part hereof: Provided, that this proclamation shall not be so construed as to deprive any person of any valid right possessed under the Treaty for the cession of the Russian possessions in North America to the United States, concluded at Washington on the thirtieth dajr of March, eighteen hundred and sixty-seven, or acquired under any act of Congress relating to the Territory of Alaska: Excepting from the force and effect of this proclamation all lands which are at this date embraced in any legal entry or covered by any lawful filing or selection duly of record in the proper United States Land Office, or upon which any valid settlement has been made pursuant to law, if the statutory period within which to make entry or filing of record has not expired; and also excepting all lands which at this date are embraced within any withdrawal or reservation for any use or purpose with which this reservation for forest uses is inconsistent: Provided, that these exceptions shall not continue to apply to any particular tract of land unless the entryman, settler, or claimant continues to comply with the law under which the entry, filing, or settlement was made, or unless the reservation or withdrawal with which this reservation is inconsistent continues in force: not excepting from the force and effect of this proclamation, however, any part of the National Forest hereby established which may have been withdrawn to protect the coal therein, but this proclamation does not vacate any such coal land withdrawal: and provided that these exceptions shall not apply to any land embraced in any selection, entry, or filing, which may have been permitted to remain of record subject to the creation of a permanent reservation. Warning is hereby given to all persons not to make settlement upon any lands reserved by this proclamation, unless and until they are listed by the Secretary of Agriculture and opened to homestead settlement or entry by the Secretary of the Interior under Act of Congress, approved June eleventh, nineteen hundred and six, entitled, “An Act To provide for the entry of Agricultural lands within forest reserves:” Provided, That lands

heretofore restored to settlement or entry under the provisions of the foregoing act shall be excepted from the force and effect of this proclamation. In Witness Whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington, this 10th day of September, in the year of our Lord one thousand nine hundred and seven, and of the Independence of [SEAL.] the United States the one hundred and thirty-second. By the President: ALVEY A. ADEE Secretary of State

THEODORE ROOSEVELT

TONGASS NATIONAL FOREST ALASKA

(SECOND PROCLAMATION)

By the President of the United States of America

A Proclamation

W

hereas, an Executive Order dated July second, nineteen hundred and eight, consolidated the Alexander Archipelago and Tongass National Forests under the name of the Tongass National Forest; And whereas, it appears that the public good would be promoted by adding to the Tongass National Forest certain lands within the Territory of Alaska, which are in part covered with timber; Now, therefore, I, THEODORE ROOSEVELT, President of the United States of America, by virtue of the power in me vested by the Act of Congress, approved June fourth, eighteen hundred and ninety-seven, entitled, “An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-eight, and for other purposes,” do proclaim that the Tongass National Forest is hereby enlarged and that its boundaries are as shown on the two parts of the diagram forming a part hereof, and further described as follows: All of the public land lying within boundaries described as follows: Beginning at the point where the International Boundary Line between the Territory of Alaska and the Dominion of Canada intersects the left bank of the Skagway River; thence southwesterly down the left bank of the said river to a point five miles above the center of the town of Skagway; thence in a southeasterly and southwesterly direction, at a distance of five miles from the center of said town, to the east shore of Chilkoot Inlet; thence southerly along said shore to Lynn Canal; thence southeasterly through Lynn Canal and Favorite Channel to a point on the shore of Young Bay due east of the head of Hawk Inlet; thence westerly to the head of Hawk Inlet; thence in a general southwesterly, northwesterly and southwesterly direction through Hawk Inlet, Icy Strait, passing between Pleasant Island and Lemesurier Island, through Inian Passage, and Cross Sound to a point due west of Cape Bingham; thence southeasterly to a point sixty miles west of Cape Muzon; thence easterly to Cape Muzon; thence in a general easterly, northerly, northeasterly, and northwesterly direction along the said International Boundary Line to the summit of Elbow Mount, at an elevation of 4,235 feet; thence northwesterly to the summit of the most westerly of Twin Peaks, at an elevation of 7,180 feet; thence northwesterly to the summit of a Peak, having an elevation of 5,821 feet, on the said International Boundary Line; thence in a general northwesterly direction along the said International Boundary Line to the summit of a peak known as Devils Paw, having an elevation of 8,000 feet; thence in a southwesterly direction to the summit of a peak, having an elevation of 5,977 feet, in Mendenhall Glacier; thence northwesterly to the summit of a peak, having an elevation of 6,550 feet, on the said

International Boundary Line; thence in a general northwesterly direction along the said International Boundary Line to the point where it intersects the left bank of the Skagway River, the place of beginning; and embracing all islands within said described boundaries; Also all of the public land lying within the boundaries described as follows: Beginning at the point where the sixtieth parallel of latitude intersects the International Boundary Line between the Territory of Alaska and the Dominion of Canada; thence due west along the said parallel to the middle of the channel of Yakutat Bay; thence in a southwesterly direction along the middle of the channel of said bay to a point due west of Ocean Cape; thence in a southeasterly direction to a point on the fifty-ninth parallel of latitude opposite the mouth of the Alsek River; thence easterly along said parallel to its intersection with the shore of Dry Bay; thence in a northwesterly direction along the shore of said bay to the left bank of the most easterly outlet of Alsek River; thence in a general northerly direction along the left bank of said river to a point midway between the mouth of the river and the intersection of the river with the said International Boundary Line; thence in a northwesterly direction to the foot of Yakutat Glacier; thence in a northerly direction to the summit of Mount Ruhamah on the said International Boundary Line; thence in a northwesterly direction along the said International Boundary Line to its intersection with the sixtieth parallel of latitude, the place of beginning; and embracing all islands within said described boundaries; Excepting from the force and effect of this proclamation the several areas contained within boundaries formed by circles described with a radius of five miles, each, from the centers of the following named towns and settlements, to wit: Juneau, Douglas, Treadwell and Sitka; also the several areas contained within boundaries formed by circles described with a radius of one mile, each, from the centers of the following named towns and settlements, to wit: Snettishan, Sumdum, Windham, and Loring; also the areas contained within boundaries formed by circles described with a radius of two miles, each, from the centers of the towns of Petersburg and Wrangell; also Annette and Pennock Islands; also all the northern portion of Gravina Island which lies above a line running from the head of Vallenar Bay southeasterly to the head of Blank Inlet; also all that portion of Revillagigedo Island lying southwest of a line beginning at a point at the head of Wards Cove; and running thence in a southeasterly direction, at a distance of two miles from the shores of Tongass Narrows to a point on Carroll Inlet; and also all that portion of Kasaan Peninsula, forming a part of Prince of Wales Island, which lies southeast of a line beginning at a point on Kasaan Bay due west of the United States Location Monument Number 5, and running thence, north 44° 42’ east, 6,996 feet (approximately) to the most southwesterly point on the bay known as Lyman Anchorage: Provided, that this proclamation shall not be so construed as to deprive any person of any valid right possessed under the Treaty for the cession of the Russian possessions in North America to the United States, concluded at Washington on the thirtieth day of March, eighteen hundred and sixty-seven, or acquired under any act of Congress relating to the Territory of Alaska. The withdrawal made by this proclamation shall, as to all lands which are at this date legally appropriated under the public land laws or reserved for any public purpose, be subject to, and shall not interfere with or defeat legal rights under such appropriation, nor prevent the use for such public purpose of lands so reserved, so long as such appropriation

is legally maintained, or such reservation remains in force. This proclamation shall not prevent the settlement and entry of any lands heretofore opened to settlement and entry under the Act of Congress approved June eleventh, nineteen hundred and six, entitled, “An Act to provide for the entry of Agricultural lands within forest reserves.” In Witness Whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this 16th day of February, in the year of our Lord [SEAL.] one thousand nine hundred and nine, and of the Independence of the United States the one hundred and thirty-third. By the President: ROBERT BACON Secretary of State



THEODORE ROOSEVELT Feb. 16-1909

[No. 846]

Former area 6.756.986 Addition 8.724.000 Total 15.480.986

FRONT

TAB PAGE 007 PUBLIC LAW 85-508

BACK

TAB PAGE 007 PUBLIC LAW 85-508

339

PUBLIC LAW 85-508-JULY 7, 1958

Public Law 85.. 508 AN ACT To provide for the admission of the State of Alaska into the Union.

Be it enaoted by the Senate and House of Representatives of the

United States of A'lnerica in Oongre88 a8l~embled~ That, subject to the provisions of this Act, and upon issuance of the proclamation required by section 8 (c) of this Act, the State of Alaska is hereby declared to be a State of the United. States of Anlerica, is declared admitted into the Union on an 'equal footing with the other States in all r~spect.s whatever, and the ~on~titutio~ formed pursuant t~ the prOVISIons of the Act of the TerrItorIal LegIslature of Alaska entItled, "An Act to provide for the holding of a constitutional convention to prepare a constitution for the State of Alaska; to submit the constitution to the people for adoption or rejection; to prepare for the admission of A.laska as a State; to make an appropriation; and setting an effective date", approved March 19, 1955 (Chapter 46, Session Laws of Alaska, 1955), and adopted by a vote of the people of Alaska in the election held on April 24, 1956, is 11ereby found to be republican in form and in conformity with tlte Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed. . . SEC. 2. The State of Alaska shall consist of all the territory, together with the territorial waters appurtenant thereto, now included in the Territory of Alaska. SEC. 3. The constitution of the State of Alaska shan always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. . . SEC. 4. As a compact with the United States said State and its people do agree and declare that they forever disclaim all right 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 sub .. ject to disposition by the United States, and to any lands or other property (including fishing rights), the right or title to' which may be held 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 the Congress has prescribed or may hereafter prescribe, and except when held by individual natives in fee without restrictions on alienation: Provided, That nothing contained in this Act shall recognize, deny, enlarge, ..impair, or otherwise affect any claim against the United States, and any such claim shall be governed by the laws of the United States applicable thereto; and nothin~ in this Act is intended or shall he construed as a finding, interpretatlon, or construction by the Congress that any law applicable thereto authorizes, establishes, recognizes, or confirms the validity or invalidity of any such claim, and the determination of the applicabIlity or effect of any law to any suchc1aim shall be unaffected by anything in this Act: And provided further, That no taxes shall be imposed by said State upon any lands or other property now owned or hereafter acquired by the United States or which, as hereinabove set forth, may belong to said natives, except to such extent as the Congress has pre.. scribed or may hereafter prescribe, and except when held by individual . natives in :fee without restrictions on alienation.

1.l!1~

1, 1958

fH. R. 79991

A I a B k a, Blail!hood.

Territory.

Constitution.

Compact with U.S.

340

PUBLIC LAW 85-508--JULY 7, 1958

[72

STAT,

SEC. 5. The State of Alaska and its political subdivisions, respec-· tively, shall have and retain title to all property, real and personal, title to which is in the Territory of Alaska or any of the subdivisions. Except as provided in section 6 hereof, the United StatesshaH retain title to_all property, real and personal, to which it has title, including public lands. Selection from . SEo.6. (a) For the purposes of furthering the development of and pubUc lands. -expansion of communIties, the State of Alaska is hereby granted hud shall be entitled to select, within twenty-five years a.fter the date of the admission of the Sta.te of . A.1aska into the Union, from lands wit.hin national forests in Alaska which are vacant and unappropriated .at the time of their selection not to exceed four hundred thousand acres of land, and from the other public lands of the United States in Alaska which are vacant, unappropriated, and unreserved at th~ time of their selection not to exceed another four hundred thousand nCl'es of land, all of which shall be adjacent to established· communitielS or suitable for prospective community centers and recreational areas. Such lands shall be selected by the State of Alaska with the approval of the Secretary of Agriculture as to national forest lands and with the approval of the Secretary of the Interior as to other public lands: Provided, That nothing herein contained shall affect any valid existing claim, location, or entry under the laws of the United States, whether for homestea.d, mineral, right-of-way, or other purpose whatsoe,Ter, or shall affect the "rights of any such owner, claimant, locator, or entryman to the full use and enjoyment of the land so occupied. (b) The State of Alaska, in addition to any other grants made in this section, is hereby granted and shall be entitled to select, within twenty-five years after the admission of Alaska into the Union, not to exceed one hundred and two million five hundred and fifty thousand acres from the public lands of the United States in Alaska which are vaca~tJ unappropriated, and unre.served at the time of their selection: Pro via ed, That nothing herein contained shall affect any valid existing claim, location, or entry under the laws of the United States, whether for homestead, mineral, right-oi-way, or other purpose whatsoever, or shall affect the rights of any such owner, claimant, locator, or entryman to the full use and enjoyment of the lands so occupied: A nd provided fwrthe1', That no selection hereunder shall be made in the area north and west of the line described in section 10 without ap~roval of the President or his designated representative. (c) Block 32, and the structur~s and improvements thereon, in the city of Juneau are granted to the State of Alaska for any or all of the following purposes or a combination thereof: A residence for the Governor, a State museum, or park and recreational use. (d) Block 19,and the structures and improvements thereon, and the interests ·of the United States in blocksC and 7, and the structures and lll!provements thereon, in the city of Juneau, are hereby granted to the State of Alaska. lif~i::so~ges~Ud~ 1 (e ) A~l real fanAdI pekrsonha! pr!lperty.fiof t]l]le Ulll·te d Sthates slituated in tIe T errItory 0 as a W Jeh .1S sRec] ca Y use d f or t e soe purpose of conservation and protection of the fisheries and wildlife of Alaska, under the provisions of the Alaska game law of July 1, 1943 (57 Stat. 301; 48 U. S~ C., sees. 19~"';211), a~ amended, and under the provisions of the Alaska commercIal fisherIes laws of June 26, 1906 (34 Stat. 478; 48 U. S. C. sees. 230--239 and 241-242) and June 6, 1924 (43 Stat. 465; 48 U. C., sees. 221-228), as supplemented and amended, shall be transferred and conveyed to the State of Alaska by the appropriate Federal agency: Provided, That the administration and management of t~e fish and wildlife resources of Alaska shall 'be retained by the Federal Government under existing laws until the Title toproperty.

S.

72 STAT.]

341

PUBLIC LAW 85-50B-JULY 7, 11958

first day of the first calendar year :following the expiration of ninety legislatIve days after the Secretary. of the Interior certifies to the Congress that the . .o\.laska State Legislature has Inade adequate provision for the administration, management, and conservation of snid resources in the broad national interest: Provided, That such transfer shall not include lands withdrawn or otherwise set apart as refuges or reservations for the protection of wildlife nor facilities utilized in connection therewith, or in connection with general research a~tivities relating to fisheries or :wildlife. Sums ,of money that a~e available for apportionment or wInch the Secretary of the Interior sllall have apportioned, as of the date the State of Alaska shall be deemed to be admitted into the Union, :for wildlife restoration in the Territory of Alaska, pursuant to section 8 (a) of the Act of September2, 1937, as amended (16 U. S. C., sec. 669g-1), and for fish restoration a.nd management in the Territory of . .0\.. laska, pursuant to section 12 of the Act of August 9, 1950 (16 lJ. S. C., sec. 777k) , shall continue to be a..vailable for the period, and under the terms and conditions in effect at the time, the apportionments are made. Commencing with the year during whjch Alaska is admiUed into the Union, the Secretary of the Treasury, at the close of each fiscal year, shall pay to the State of Alaska 70 per centum of the net proceeds, as determined by the Secretary of the Interior, derived during such fiscal year :from all sales of sealskins or sea-otter skins made in accordance with the provisions of the Act of February 26, 1944 (58 Stat. 100; 16 U. S. C., sees. 631a-631q), as supplemented and amended. In arriving at the net proceeds,' there shall be deducted from the receipts from all sales all costs to the United States incarry~ng out the provisions of the Act of February 26, 1944, as supplemented and amended, including., but. not limited to, the cost" of handling and dressinii the skins, the costs of making the sales, and all eX'penses incurred in the administration of the Pribilof Islands. Nothing in this Act shall be construed as affecting the rights of the United States under the provisions of the Act of February 28, 1944, as supplemented and amended ttnd the Act of June. 28, 1937 (50 Stat. 325), as amended (16 U. C., sec. 772 et seq.). (f) Five per centum of the proceeds of sale of public lands lying within said State which shall he sold by the United States subsequent to the admission of said State into tIle Ullion, after deducting an the expenses incident to such sales, shall be paid to said State to be used for the support of the public schools within said State. (g) Except as provided in subsection (a), all. lands granted in quantity to and authorized to be selected by the State of Alaskn by this Act shall be selected in such manner as t11e laws of the State may provide, and in conformity with such regulations as the Secretary of the Interior may prescribe. All selections shall be made in reasonably compact tracts, taking into account the situation and potential uses of the lands involved, and each tract selected shall contain at least five thousand seven hundred and sixty acres unless isolated from other tracts open to selection. The authority to make selections shall never be alienated or bargained away, in whole or in part, by the State. Upon the revocation of any order of withdrawal in Alaska, the order of revocation shall provide for a period of not less than ninety days before the date on which it otherwise becomes effective, if subsequent to the admission of Alaska into the Union, during which period the State of Alaska shall have a preferred right of selection, subject to the requirements of this Act, except as against prior existing valid riA'hts or as against equitable claims subject to allowance and confirmation. Such preferred right of selection shall have precedence over the :Rreferred right of application created by section 4 of the Act of September

5S Stat. 632. 64 Stat. 434.

S.

Public support.

8 C

h 00 J

842

MIneral leases. permits, etc. 48 USC 432,

passim.

Mineral land grants.

Schools and collegea.

PUBLIC LAW 85.. 50S-JULY 7, 1958

[72

STAT.

27, 1944 (58 Stat. 748; 43 U. S. C., sec. 282), as now or hereafter amended, but not over other preference rights now conferred by law. '''here any lands desired by the State are unsurveyed at the time of their selection, the Secretary of the Interior shall survey the exterior boundaries of the area requested without any interior subdivision thereof and shall issue a patent for such seJected area in terms of the exterior boundary survey; where any lands desired by the State are surveyed at the time of their selection, the boundarIes of the· area requested shall conform to the public land subdivisions established by the approval of the survey_ . -\.ll . lands duly selected by the State of ...t\.laska pursuant to this .Act shall be patented to the St,ate by the Secretary of the Interior. Following the selection of lands by the State Hind the tentative approval of such selection by the Sec.retary of the Interior or his designee, but prior to the issuance of final patent, the ~tate is hereby authorized to execute conditional leases and to make conditional sales of such selected lands. As used in this subsection, the words "equitable claims subject to a110wance and confirmation" include, without limitation, claims of holders of permits, issued by the Department of Agricultul'e on lands eliminated from national forests, whose permits have been terminated only because of such elimination and who own- valuable }m;t?rovements on sucl~ lands. . . (h) Any lease, permlt, hcense, or contract Issued under the Mlnernl LeaSIng ~~ct of February 25, 1920 (41 Stat. 437; 30 {T. S. C., sec. 181 nnd following), as amended, or under the Ahtsli:a Coal I.Je.flsing . .~ct of October 20,1914 (38 Stat. 741 ;30 U. S. C., sec. 432 Rnd follow'ing), as am'ended, shall have the effect of withdrawing the lands subject thereto from selection by the State of A1aska under this Act, unless such lease, permit, license, or contract is in effect on the date of npproval of this Act, and unless an application to select such lands is filed with the Secretary of the Interior within a period of five ye~l.rs Rfter the date of the admission of A1aska. into the Uuion. Such Relections shaU be made only from lands that are otherwise open to selection under this Act, and shall include the entire aren thnt 1S subject to each lease, permit, license, or contract involved in the selections . ..4...ny patent for lands so selected shall vest in the Stnte of Alaska all right, title, and interest of the lTnited Stntes in and to nny such lease, permit, license, or contract that t:emains outstanding on the eff·ective date of the patent, including the right to all rentals, royalties, and other payments accruing after that date. under such lense, permit, lice~se, or contract" and Including any, authority that mny h~l~e beeJ~ reb-tlned by the lJnlted States to modify the terms and condItIons of ~uch lease, permit, license, or contract: Provided, That nothing herein eontained shall affect the continued v~tlidity of any such lease, perlnit, 1icense, or contract or any rights arising thereunder_ (i) All grants made or ·confirmed under this Act shall include lninera} deposlts. The grants of mineral lands to the State of A.lnsktl under subsections (a) and (b) of this section are mnde upon the express condition that all sales, grants, deeds, or patents for nny of the minernl lands so granted shit]) be subject to and contn.ln n reservn· tiOll to the State of all of the minerals in the lands so sold, grtl,nted, deeded, or patented, together with the right to prospect for, mine, nnd remove the SH,ma. Minern,l deposits in sllch lands shall be subieet to lease by the State as the State legislature may direct: Pro-vided, That any lands or minerals hereafter disposed of contrary t.o the provisions of this section shall be forfeited to tIle IJnited Stntes by II ppropriate proceedings instituted by the Attorney General for that purr.0se ill the United States I)istrict Court for the l)istl'ict .of Alnska. (J) The schools and colleges provided for in this Act slutH forever ],emain under the exclusive ·control of the State, 01' its governlllentu.1

72 STATJ

PUBLIC LAW 85 .. 508-JULY 7, 1958

343

subdivisions, and no part of the proceeds arising from the sale or -disposal of any lands granted herein ~or educatioDa:1 p~rposes shall be used for the support of any sectarIan or denomInational school, college, or university. (k) Grants prevIously made to the Territory of Alaska are ~er.eby gto';::tr::.irmBtion of confirmed and transferred to the State of Alaska upon its admISSIon. Effective upon the admission of the State of Alaska into the Union, section 1 of the Act of March 4, 1915 (38 Stat. 1214; 48 U. S. C., sec. 353), as amended, and the last sentence of section 35 of the Act of February 25, 1920 (41 Stat. 450; 30 U. S. C., sec. 191), as amended are repealed and all lands therein reserved under the provisions of Repeals. section 1 as of the date of this Act shall, upon the admission of said State into the Union, be granted to said State for the purposes for which they were reserved; but such repeal shall not affect any outstanding lease, permit, license, or contract issued under said section 1, as amended, or any rights or powers with respect to such lease, permit, license, or contract, and shall not affect the disposition of the proceeds or income derived prior to such repeal from any lands reserved under said section 1, as amended, or derived thereafter from any disposition of the reserved lands or an interest therein made prior to such repeal. (1) The grants provided for in this Act shall be in lieu of the grabnt pr~:!::~:" 1mof land for purposes of internal improvements made to new States y section 8 of the Act of September 4, 1841 (5 Stat. 455), and sections 2378 and 2379 of the Revised Statutes (43 U. S. C., sec. 857), and in lieu of the swampland grant made by the Act of Se'ptember 28, 1850 (9 Stat. 520), and section 2479 of the Revised Statutes (43 U. S. C., sec. 982), and in lieu of the grant of thirty thousand acres for each Senator and Representative in Congress made by the Act of July 2, 186"2, as amended (12 Stat 503; 7 U. S. C., sees. 301-308), which grants are hereby declared not to extend to the State of A1aska. Submerged lands. ( m) The Subm. erged Lands Act of 1953 (Public Law 31, Eighty- 43 USC 1301 third Congress, first session; 67 Stat. 29) shall be applicable to the note. State of Alaska and the said State shall have the same rights as do existing States thereunder. SEC. 7. Upon enactment of this Act, it shall he the duty of the Pr~:~~~~tion by President of the United States, not later than July 3, 1958, to certify such fact to the Governor of Alaska. Thereupon the Governor, on or after July 3, 1958, and not later than August 1, 1958, shall issue his proclamation for the elections, as hereinafter provided, for officers of all elective offices and in the manner provided for by the constitution OI the proposed State 0:£ Alaska, but the offieers so ~lected shall in any event include two Senators and one Representative in Congress. SEC. 8. (a) .The. p. roclamation. of the Governor of Alaska required cers; Election of offi· date, etC. by section 7 shall provide -for holding of a primary election and a general election on dates to be fixed by the Governor of A1aska: Provided, That the general election shall not be held later than December 1, 1958, and at such elections the officers required to be elected as provided in section 7 shall be, and officers for other elective offices provided for in the ,constitution of the proposed State of Alaska may be, chosen by the people. Such elections shall be held, and the qualifications of voters thereat shall be, as prescribed by the constitutIon of the proposed State of Alaska for the election of members of the proposed State legislature. The returns thereof shall be made and certified in such manner as the constitution of the proposed State of Alaska may prescribe. The Governor of Alaska shall certify the results of said elections to the President of the United States. (b) At an election designated by proclamation of the Governor of Alaska, which may be the general election held pursuant to subsec"tion (a) of this section, or a Territorial general election, or a special

PUBLIC LAW 85-50S-JULY 7, 1958

344

election, there shall be submitted to the ejectors qualified to vote in said election, for adoption or rejection, by separate ballot on each, the following propositIons: "(1) Shall Alaska immediately he admitted into the Union asa State~

"(2) Thehoundaries of the State of Alaska shall be as prescribed in the Act of Congress approved _____________________ und an claims (date of approval of this Act)

.

of t.his State to any areas of land or sea outside the boundaries so prescribed are hereby irrevocably relinquished to the lJnited States. "(3) All provisions of the Act of Congress approved ~ ______ . . ___ _ (date of apprQval

________ reserving rights or powers to the United States, as well as of this Act)

Certification (I f yoUng results by Governor.

Proclamation by President.

Laws in effect.

those prescribing the terms or conditions of the grants OT lands or other property therein made to the State of Alaska, are consented to fully by said State and its people." Inthe event each of the foregoing propositions is adopted at said election by a majority of the legal votes cast on said submission, the proposed constitution of the proposed ~tate of Alaska, ratified by the people at the election held on AprIl 24, 1956, shall be deemed amended accordingly. In the event anyone of the foregoing propositions is not adopted at said election by a majority of the legal votes cast on said submission, the provisions of this Act shall thereupon cease to be effective. The Governor of Alaska is hereby authorized and directed to take such action as may be necessary or appropriate to insure the submission