72 Stat. 339 Public Law 85-508
An act to provide for the admission of the State
of
Alaska into the Union
SEC. 1.
Be it enacted by the Senate and House of Representatives
of the
United States of America in Congress assembled,
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 America, is
declared admitted into
the Union on an equal footing with the other States
in all respects
whatever, and the constitution formed pursuant
to 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 Alaska 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 an April 24, 1956,
is hereby found to be
republican in form and in conformity with the
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 shall
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 juris diction
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 nothing in this
Act is intended or shall be
construed as a finding, interpretation, 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 such claim
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 prescribed or
may hereafter
prescribe, and except when held by individual
natives in fee without
restrictions on alienation.
SEC. 5.
The State of Alaska and its political subdivisions,
respectively, 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 States
shall retain title to all
property, real and personal, to which it has title,
including public lands.
SEC. 6.
(a) For the purposes of furthering the development
of and expansion
of communities, the State of Alaska is hereby
granted and shall be
entitled to select, within twenty-five years after
the date of the
admission of the State of Alaska into the Union,
from lands within
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 the time of their
selection not to exceed another four hundred thousand
acres of land,
all of which shall be adjacent to established
communities 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 homestead, mineral, right-of-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 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
vacant, unappropriated, and unreserved at the
time of their selection:
Provided, 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-of-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: And provided
further, That no selection hereunder shall be
made in the area north
and west of the line described in section 10 without
approval of the
President or his designated representative.
(c) Block 32, and the structures 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 blocks C and
7, and the structures and
improvements thereon, in the city of Juneau, are
hereby granted to the
State of Alaska.
(e) All real and personal property of the United
States situated in the Territory of Alaska which is
specifically used for the sole 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., secs. 192-211), as amended, and under the
provisions of the Alaska commercial fisheries
laws of June 26, 1906 (34 Stat. 478; 48 U. S.
C., secs. 230-239 and 241-242), and June 6,
1924 (43 Stat. 465; 48 U. S. C., secs. 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 the
fish and wildlife resources of Alaska shall be
retained by the Federal Government under existing
laws until the 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 Alaska State Legislature
has made adequate provision for the
administration, management, and conservation of
said 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 activities relating
to fisheries or wildlife. Sums of money that are
available for apportionment or which the Secretary
of the Interior shall 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 September 2, 1937,
as amended (16 U. S. C., sec. 669g-1), and for
fish restoration and management in the Territory
of Alaska, pursuant to section 12 of the Act of
August 9, 1950 (16 U. S. C., sec. 777k), shall
continue to be available for the period, and under
the terms and conditions in effect at the time,
the apportionments are made. Commencing with the
year during which Alaska is admitted 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., secs.
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 in carrying out the
provisions of the Act of February 26, 1944, as
supplemented and amended, including, but not
limited to, the costs of handling and dressing
the skins, the costs of making the sales, and all
expenses 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
26, 1944, as supplemented and amended, and the
Act of June 28, 1937 (50 Stat. 325), as
amended (16 U. S. C., sec. 772 et seq.).
(f) Five per centum of the proceeds of sale of
public lands lying within said State which shall be
sold by the United States subsequent to the admission
of said State into the Union, after
deducting all 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 Alaska by this Act shall
be selected in such manner as the 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 rights or as against
equitable claims subject to allowance and
confirmation. Such preferred right of selection
shall have precedence over the preferred right of
application created by section 4 of the Act of
September 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. Where 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 selected 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. All lands duly selected
by the State of Alaska pursuant to this Act
shall be patented to the State by the Secretary
of the Interior. Following the selection of lands by
the State and the tentative approval of such selection
by the Secretary of the Interior or his
designee, but prior to the issuance of final patent,
the State 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 allowance and confirmation" include, without
limitation, claims of holders of permits issued
by the Department of Agriculture on lands
eliminated from national forests, whose permits
have been terminated only because of such
elimination and who own valuable improvements
on such lands.
(h) Any lease, permit, license, or contract issued
under the Mineral Leasing Act of February 25,
1920 (41 Stat. 437; 30 U. S. C., sec. 181 and
following), as amended, or under the Alaska
Coal Leasing Act of October 20, 1914 (38 Stat.
741; 30 U. S. C., sec. 432 and following), as
amended, shall have the effect of withdrawing
the lands subject thereto from selection by the
State of Alaska under this Act, unless such lease,
permit, license, or contract is in effect on the
date of appproval of this Act, and unless an application
to select such lands is filed with the
Secretary of the Interior within a period of five
years after the date of the admission of Alaska
into the Union. Such selections shall be made
only from lands that are otherwise open to selection
under this Act, and shall include the entire area
that is subject to each lease, permit, license, or
contract involved in the selections. Any patent
for lands so selected shall vest in the State of
Alaska all right, title, and interest of the United
States in and to any such lease, permit, license, or
contract that remains outstanding on the effective
date of the patent, including the right to all
rentals, royalties, and other payments accruing
after that date under such lease, permit, license, or
contract, and including any authority that may
have been retained by the United States to modify
the terms and conditions of such lease, permit,
license, or contract: Provided, That nothing herein
contained shall affect the continued validity
of any such lease, permit, license, or contract or any
rights arising thereunder.
(i) All grants made or confirmed under this Act
shall include mineral deposits. The grants of
mineral lands to the State of Alaska under subsections
(a) and (b) of this section are made upon
the express condition that all sales, grants,
deeds, or patents for any of the mineral lands so
granted shall be subject to and contain reservation
to the State of all of the minerals in the lands
so sold, granted, deeded, or patented, together
with the right to prospect for, mine, and remove
the same. Mineral deposits in such lands shall
be subject to lease by the State as the State
legislature may direct: Provided, That any lands
or minerals hereafter disposed of contrary to the
provisions of this section shall be forfeited
to the United States by appropriate proceedings
instituted by the Attorney General for that purpose
in the United States District Court for the
District of Alaska.
(j) The schools and colleges provided for in this
Act shall forever remain under the exclusive
control of the State, or its governmental subdivisions,
and no part of the proceeds arising from the
sale or disposal of any lands granted herein for
educational purposes 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 hereby 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 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.
(l) The grants provided for in this Act shall be
in lieu of the grant of land for purposes of internal
improvements made to new States by 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 September 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, 1862, as amended (12 Stat.
503; 7 U. S. C., secs. 301-308), which grants
are hereby declared not to extend to the State of
Alaska.
(m) The Submerged Lands Act of 1953 (Public Law
31, Eightythird Congress, first session; 67
Stat. 29) shall be applicable to the 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 be the duty
of the 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 of the proposed State
of Alaska, but the officers so elected shall in any
event include two Senators and one Representative
in Congress.
SEC. 8.
(a) The proclamation of the Governor of Alaska
required by section 7 shall provide for holding of
a primary election and a general election on dates
to be fixed by the Governor of Alaska:
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 subsection (a)
of this section, or a Territorial general election, or
a special election, there shall be submitted to
the electors qualified to vote in said election, for
adoption or rejection, by separate ballot on each,
the following propositions: "(1) Shall Alaska
immediately be admitted into the Union as a State?
"(2) The boundaries of the State of Alaska
shall be as prescribed in the Act of Congress
approved _____________________ (date of
approval of this Act) and all claims of this State
to any areas of land or sea outside the
boundaries so prescribed are hereby irrevocably
relinquished to the United States. "(3) All
provisions of the Act of Congress approved ____________
(date of approval) reserving rights
or powers to the United States, as well as of
this Act those prescribing the terms or conditions of
the grants of lands or other property therein
made to the State of Alaska, are consented to fully
by said State and its people." In the 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 State of Alaska, ratified by the people
at the election held on April 24, 1956, shall be
deemed amended accordingly. In the event any one
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 of said
propositions to the people. The return of the
votes cast on said propositions shall be made by the
election officers directly to the Secretary of
Alaska, who shall certify the results of the submission
to the Governor. The Governor shall certify the
results of said submission, as so ascertained, to
the President of the United States.
(c) If the President shall find that the propositions
set forth in the preceding subsection have been
duly adopted by the people of Alaska, the President,
upon certification of the returns of the
election of the officers required to be elected
as provided in section 7 of this Act, shall thereupon
issue his proclamation announcing the results
of said election as so ascertained. Upon the
issuance of said proclamation by the President,
the State of Alaska shall be deemed admitted into
the Union as provided in section 1 of this Act.
Until the said State is so admitted into the Union,
all of the officers of said Territory, including
the Delegate in Congress from said Territory, shall
continue to discharge the duties of their respective
offices. Upon the issuance of said
proclamation by the President of the United States
and the admission of the State of Alaska into
the Union, the officers elected at said election,
and qualified under the provisions of the
constitution and laws of said State, shall proceed
to exercise all the functions pertaining to their
offices in or under or by authority of the government
of said State, and officers not required to be
elected at said initial election shall be selected
or continued in office as provided by the
constitution and laws of said State. The Governor
of said State shall certify the election of the
Senators and Representative in the manner required
by law, and the said Senators and
Representative shall be entitled to be admitted
to seats in Congress and to all the rights and
privileges of Senators and Representatives of
other States in the Congress of the United States.
(d) Upon admission of the State of Alaska into
the Union as herein provided, all of the Territorial
laws then in force in the Territory of Alaska
shall be and continue in full force and effect
throughout said State except as modified or changed
by this Act, or by the constitution of the
State, or as thereafter modified or changed by
the legislature of the State. All of the laws of the
United States shall have the same force and effect
within said State as elsewhere within the
United States. As used in this paragraph, the
term "Territorial laws" includes (in addition to laws
enacted by the Territorial Legislature of Alaska)
all laws or parts thereof enacted by the
Congress the validity of which is dependent solely
upon the authority of the Congress to provide
for the government of Alaska prior to the admission
of the State of Alaska into the Union, and the
term "laws of the United States" includes all
laws or parts thereof enacted by the Congress that
(1) apply to or within Alaska at the time of the
admission of the State of Alaska into the Union,
(2) are not "Territorial laws" as defined in this
paragraph, and (3) are not in conflict with any other
provisions of this Act.
SEC. 9.
The State of Alaska upon its admission into the
Union shall be entitled to one Representative until
the taking effect of the next reapportionment,
and such Representative shall be in addition to the
membership of the House of Representatives as
now prescribed by law: Provided, That such
temporary increase in the membership shall not
operate to either increase or decrease the
permanent membership of the House of Representatives
as prescribed in the Act of August 8,
1911 (37 Stat. 13) nor shall such temporary increase
affect the basis of apportionment
established by the Act of November 15, 1941 (55
Stat. 761; 2 U. S. C., sec. 2a), for the
Eighty-third Congress and each Congress thereafter.
SEC. 10.
(a) The President of the United States is hereby
authorized to establish, by Executive order or
proclamation, one or more special national defense
withdrawals within the exterior boundaries of
Alaska, which withdrawal or withdrawals may thereafter
be terminated in whole or in part by the
President.
(b) Special national defense withdrawals established
under subsection (a) of this section shall be
confined to those portions of Alaska that are
situated to the north or west of the following line:
Beginning at the point where the Porcupine River
crosses the international boundary between
Alaska and Canada; thence along a line parallel
to, and five miles from, the right bank of the main
channel of the Porcupine River to its confluence
with the Yukon River; thence along a line parallel
to, and five miles from, the right bank of the
main channel of the Yukon River to its most
southerly point of intersection with the meridian
of longitude 160 degrees west of Greenwich;
thence south to the intersection of said meridian
with the Kuskokwim River; thence along a line
parallel to, and five miles from the right bank
of the Kuskokwim River to the mouth of said river;
thence along the shoreline of Kuskokwim Bay to
its intersection with the meridian of longitude
162 degrees 30 minutes west of Greenwich; thence
south to the intersection of said meridian with
the parallel of latitude 57 degrees 30 minutes
north; thence east to the intersection of said parallel
with the meridian of longitude 156 degrees west
of Greenwich; thence south to the intersection of
said meridian with the parallel of latitude 50
degrees north.
(c) Effective upon the issuance of such Executive
order or proclamation, exclusive jurisdiction
over all special national defense withdrawals
established under this section is hereby reserved to
the United States, which shall have sole legislative,
judicial, and executive power within such
withdrawals, except as provided hereinafter. The
exclusive jurisdiction so established shall extend
to all lands within the exterior boundaries of
each such withdrawal, and shall remain in effect with
respect to any particular tract or parcel of land
only so long as such tract or parcel remains within
the exterior boundaries of such a withdrawal.
The laws of the State of Alaska shall not apply to
areas within any special national defense withdrawal
established under this section while such
areas remain subject to the exclusive jurisdiction
hereby authorized: Provided, however, That
such exclusive jurisdiction shall not prevent
the execution of any process, civil or criminal, of the
State of Alaska, upon any person found within
said withdrawals: And provided further, That such
exclusive jurisdiction shall not prohibit the
State of Alaska from enacting and enforcing all laws
necessary to establish voting districts, and the
qualification and procedures for voting in all
elections.
(d) During the continuance in effect of any special
national defense withdrawal established under
this section, or until the Congress otherwise
provides, such exclusive jurisdiction shall be
exercised within each such withdrawal in accordance
with the following provisions of law: (1) All
laws enacted by the Congress that are of general
application to areas under the exclusive
jurisdiction of the United States, including,
but without limiting the generality of the foregoing,
those provisions of title 18, United States Code,
that are applicable within the special maritime
and territorial jurisdiction of the United States
as defined in section 7 of said title, shall apply to all
areas within such withdrawals. (2) In addition,
any areas within the withdrawals that are reserved
by Act of Congress or by Executive action for
a particular military or civilian use of the United
States shall be subject to all laws enacted by
the Congress that have application to lands
withdrawn for that particular use, and any other
areas within the withdrawals shall be subject to
all laws enacted by the Congress that are of general
application to lands withdrawn for defense
purposes of the United States. (3) To the extent
consistent with the laws described in paragraphs
(1) and (2) of this subsection and with regulations
made or other actions taken under their
authority, all laws in force within such withdrawals
immediately prior to the creation thereof by
Executive order or proclamation shall apply within
the withdrawals and, for this purpose, are
adopted as laws of the United States: Provided,
however, That the laws of the State or Territory
relating to the organization or powers of municipalities
or local political subdivisions, and the laws
or ordinances of such municipalities or political
subdivisions shall not be adopted as laws of the
United States. (4) All functions vested in the
United States commissioners by the laws described
in this subsection shall continue to be performed
within the withdrawals by such commissioners.
(5) All functions vested in any municipal corporation,
school district, or other local political
subdivision by the laws described in this subsection
shall continue to be performed within the
withdrawals by such corporation, district, or
other subdivision, and the laws of the State or the
laws or ordinances of such municipalities or local
political subdivision shall remain in full force and
effect notwithstanding any withdrawal made under
this section. (6) All other functions vested in
the government of Alaska or in any officer or
agency thereof, except judicial functions over which
the United States District Court for the District
of Alaska is given jurisdiction by this act or other
provisions of law, shall be performed within the
withdrawals by such civilian individuals or civilian
agencies and in such manner as the President shall
from time to time, by Executive order, direct
or authorize. (7) The United States District Court
for the District of Alaska shall have original
jurisdiction, without regard to the sum or value
of any matter in controversy, over all civil actions
arising within such withdrawals under the laws
made applicable thereto by this subsection, as well
as over all offenses committed within the withdrawals.
(e) Nothing contained in subsection (d) of this
section shall be construed as limiting the exclusive
jurisdiction established in the United States
by subsection (c) of this section or the authority of the
Congress to implement such exclusive jurisdiction
by appropriate legislation, or as denying to
persons now or hereafter residing within any portion
of the areas described in subsection (b) of
this section the right to vote at all elections
held within the political subdivisions as prescribed by
the State of Alaska where they respectively reside,
or as limiting the jurisdiction conferred on the
United States District Court for the District
of Alaska by any other provision of law, or as
continuing in effect laws relating to the Legislature
of the Territory of Alaska. Nothing contained
in this section shall be construed as limiting
any authority otherwise vested in the Congress or the
President.
SEC. 11.
(a) Nothing in this Act shall affect the establishment,
or the right, ownership, and authority of the
United States in Mount McKinley National Park,
as now or hereafter constituted; but exclusive
jurisdiction, in all cases, shall be exercised
by the United States for the national park, as now or
hereafter constituted; saving, however, to the
State of Alaska the right to serve civil or criminal
process within the limits of the aforesaid park
in suits or prosecutions for or on account of rights
acquired, obligations incurred, or crimes committed
in said State, but outside of said park; and
saving further to the said State the right to
tax persons and corporations, their franchises and
property on the lands included in said park; and
saving also to the persons residing now or
hereafter in such area the right to vote at all
elections held within the respective political
subdivisions of their residence in which the park
is situated.
(b) Notwithstanding the admission of the State
of Alaska into the Union, authority is reserved in
the United States, subject to the proviso hereinafter
set forth, for the exercise by the Congress of
the United States of the power of exclusive legislation,
as provided by article I, section 8, clause
17, of the Constitution of the United States,
in all cases whatsoever over such tracts or parcels of
land as, immediately prior to the admission of
said State, are owned by the United States and
held for military, naval, Air Force, or Coast
Guard purposes, including naval petroleum reserve
numbered 4, whether such lands were acquired by
cession and transfer to the United States by
Russia and set aside by Act of Congress or by
Executive order or proclamation of the President
or the Governor of Alaska for the use of the United
States, or were acquired by the United
States by purchase, condemnation, donation, exchange,
or otherwise: Provided, (i) That the State
of Alaska shall always have the right to serve
civil or criminal process within the said tracts or
parcels of land in suits or prosecutions for or
on account of rights acquired, obligations incurred,
or crimes committed within the said State but
outside of the said tracts or parcels of land; (ii) that
the reservation of authority in the United States
for the exercise by the Congress of the United
States of the power of exclusive legislation over
the lands aforesaid shall not operate to prevent
such lands from being a part of the State of Alaska,
or to prevent the said State from exercising
over or upon such lands, concurrently with the
United States, any jurisdiction whatsoever which it
would have in the absence of such reservation
of authority and which is consistent with the laws
hereafter enacted by the Congress pursuant to
such reservation of authority; and (iii) that such
power of exclusive legislation shall rest and
remain in the United States only so long as the
particular tract or parcel of land involved is
owned by the United States and used for military,
naval, Air Force, or Coast Guard purposes. The
provisions of this subsection shall not apply to
lands within such special national defense withdrawal
or withdrawals as may be established
pursuant to section 10 of this Act until such
lands cease to be subject to the exclusive jurisdiction
reserved to the United States by that section.
SEC. 12.
Effective upon the admission of Alaska into the
Union
(a) The analysis of chapter 5 of title 28, United
States Code, immediately preceding section 81 of
such title, is amended by inserting immediately
after and underneath item 81 of such analysis, a
new item to be designated as item 81A and to read
as follows: "81A Alaska";
(b) Title 28, United States Code, is amended by
inserting immediately after section 81 thereof a
new section, to be designated as section 81A,
and to read as follows: "(section) 81A. Alaska
"Alaska constitutes one judicial district. "Court
shall be held at Anchorage, Fairbanks, Juneau,
and Nome.";
(c) Section 133 of title 28, United States Code,
is amended by inserting in the table of districts
and judges in such section immediately above the
item: "Arizona * * * 2", a new item as follows:
"Alaska * * * 1";
(d) The first paragraph of section 373 of title
28, United States Code, as heretofore amended, is
further amended by striking out the words: "the
District Court for the Territory of Alaska,":
Provided, That the amendment made by this subsection
shall not affect the rights of any judge
who may have retired before it takes effect;
(e) The words "the District Court for the Territory
of Alaska," are stricken out wherever they
appear in sections 333, 460, 610, 753, 1252, 1291,
1292, and 1346 of title 28, United States
Code;
(f) The first paragraph of section 1252 of title
28, United States Code, is further amended by
striking out the word "Alaska," from the clause
relating to courts of record;
(g) Subsection (2) of section 1294 of title 28,
United States Code, is repealed and the later
subsections of such section are renumbered accordingly;
(h) Subsection (a) of section 2410 of title 28,
United States Code, is amended by striking out the
words: "including the District Court for the Territory
of Alaska,";
(i) Section 3241 of title 18, United States Code,
is amended by striking out the words: "District
Court for the Territory of Alaska, the";
(j) Subsection (e) of section 3401 of title 18,
United States Code, is amended by striking out the
words: "for Alaska or";
(k) Section 3771 of title 18, United States Code,
as heretofore amended, is further amended by
striking out from the first paragraph of such
section the words: "the Territory of Alaska,";
(l) Section 3772 of title 18, United States Code,
as heretofore amended, is further amended by
striking out from the first paragraph of such
section the words: "the Territory of Alaska," ;
(m) Section 2072 of title 28, United States Code,
as heretofore amended, is further amended by
striking out from the first paragraph of such
section the words: "and of the District Court for the
Territory of Alaska";
(n) Subsection (q) of section 376 of title 28,
United States Code, is amended by striking out the
words: "the District Court for the Territory of
Alaska,": Provided, That the amendment made by
this subsection shall not affect the rights under
such section 376 of any present or former judge of
the District Court for the Territory of Alaska
or his survivors;
(o) The last paragraph of section 1963 of title 28, United States Code, is repealed;
(p) Section 2201 of title 28, United States Code,
is amended by striking out the words: "and the
District Court for the Territory of Alaska"; and
(q) Section 4 of the Act of July 28, 1950 (64 Stat.
380; 5 U. S. C., sec. 341b) is amended by
striking out the word: "Alaska,".
SEC. 13.
No writ, action, indictment, cause, or proceeding
pending in the District Court for the Territory of
Alaska on the date when said Territory shall become
a State, and no case pending in an appellate
court upon appeal from the District Court for
the Territory of Alaska at the time said Territory
shall become a State, shall abate by the admission
of the State of Alaska into the Union, but the
same shall be transferred and proceeded with as
hereinafter provided. All civil causes of action
and all criminal offenses which shall have arisen
or been committed prior to the admission of said
State, but as to which no suit, action, or prosecution
shall be pending at the date of such
admission, shall be subject to prosecution in
the appropriate State courts or in the United States
District Court for the District of Alaska in like
manner, to the same extent, and with like right of
appellate review, as if said State had been created
and said courts had been established prior to
the accrual of said causes of action or the commission
of such offenses; and such of said criminal
offenses as shall have been committed against
the laws of the Territory shall be tried and punished
by the appropriate courts of said State, and such
as shall have been committed against the laws
of the United States shall be tried and punished
in the United States District Court for the District
of Alaska.
SEC. 14.
All appeals taken from the District Court for
the Territory of Alaska to the Supreme Court of the
United States or the United States Court of Appeals
for the Ninth Circuit, previous to the
admission of Alaska as a State, shall be prosecuted
to final determination as though this act had
not been passed. All cases in which final judgment
has been rendered in such district court, and in
which appeals might be had except for the admission
of such State, may still be sued out, taken,
and prosecuted to the Supreme Court of the United
States or the United States Court of Appeals
for the Ninth Circuit under the provisions of
then existing law, and there held and determined in
like manner; and in either case, the Supreme Court
of the United States, or the United States
Court of Appeals, in the event of reversal, shall
remand the said cause to either the State supreme
court or other final appellate court of said State,
or the United States district court for said
district, as the case may require: Provided, That
the time allowed by existing law for appeals from
the district court for said Territory shall not
be enlarged thereby.
SEC. 15.
All causes pending or determined in the District
Court for the Territory of Alaska at the time of
the admission of Alaska as a State which are of
such nature as to be within the jurisdiction of a
district court of the United States shall be transferred
to the United States District Court for the
District of Alaska for final disposition and enforcement
in the same manner as is now provided by
law with reference to the judgments and decrees
in existing United States district courts. All other
causes pending or determined in the District Court
for the Territory of Alaska at the time of the
admission of Alaska as a State shall be transferred
to the appropriate State court of Alaska. All
final judgments and decrees rendered upon such
transferred cases in the United States District
Court for the District of Alaska may be reviewed
by the Supreme Court of the United States or
by the United States Court of Appeals for the
Ninth Circuit in the same manner as is now
provided by law with reference to the judgments
and decrees in existing United States district
courts.
SEC. 16.
Jurisdiction of all cases pending or determined
in the District Court for the Territory of Alaska not
transferred to the United States District Court
for the District of Alaska shall devolve upon and
be exercised by the courts of original jurisdiction
created by said State, which shall be deemed to
be the successor of the District Court for the
Territory of Alaska with respect to cases not so
transferred and, as such, shall take and retain
custody of all records, dockets, journals, and files
of such court pertaining to such cases. The files
and papers in all cases so transferred to the
United States district court, together with a
transcript of all book entries to complete the record in
such particular cases so transferred, shall be
in like manner transferred to said district court.
SEC. 17.
All cases pending in the District Court for the
Territory of Alaska at the time said Territory
becomes a State not transferred to the United
States District Court for the District of Alaska shall
be proceeded with and determined by the courts
created by said State with the right to prosecute
appeals to the appellate courts created by said
State, and also with the same right to prosecute
appeals or writs of certiorari from the final
determination in said causes made by the court of last
resort created by such State to the Supreme Court
of the United States, as now provided by law
for appeals and writs of certiorari from the court
of last resort of a State to the Supreme Court of
the United States.
SEC. 18.
The provisions of the preceding sections with
respect to the termination of the Jurisdiction of the
District Court for the Territory of Alaska, the
continuation of suits, the succession of courts, and
the satisfaction of rights of litigants in suits
before such courts, shall not be effective until three
years after the effective date of this Act, unless
the President, by Executive order, shall sooner
proclaim that the United States District Court
for the District of Alaska, established in
accordance with the provisions of this Act, is
prepared to assume the functions imposed upon it.
During such period of three years or until such
Executive order is issued, the United States
District Court for the Territory of Alaska shall
continue to function as heretofore. The tenure of
the judges, the United States attorneys, marshals,
and other officers of the United States District
Court for the Territory of Alaska shall terminate
at such time as that court shall cease to function
as provided in this section.
SEC. 19.
The first paragraph of section 2 of the Federal
Reserve Act (38 Stat. 251) is amended by striking
out the last sentence thereof and inserting in
lieu of such sentence the following: "When the State
of Alaska is hereafter admitted to the Union the
Federal Reserve districts shall be readjusted by
the Board of Governors of the Federal Reserve
System in such manner as to include such State.
Every national bank in any State shall, upon commencing
business or within ninety days after
admission into the Union of the State in which
it is located, become a member bank of the
Federal Reserve System by subscribing and paying
for stock in the Federal Reserve bank of its
district in accordance with the provisions of
this Act and shall thereupon be an insured bank
under the Federal Deposit Insurance Act, and failure
to do so shall subject such bank to the
penalty provided by the sixth paragraph of this
section."
SEC. 20.
Section 2 of the Act of October 20, 1914 (38 Stat.
742; 48 U. S. C., sec. 433), is hereby
repealed.
SEC. 21.
Nothing contained in this Act shall operate to
confer United States nationality, nor to terminate
nationality heretofore lawfully acquired, nor
restore nationality heretofore lost under any law of
the United States or under any treaty to which
the United States may have been a party.
SEC. 22.
Section 101 (a) (36) of the Immigration and Nationality
Act (66 Stat. 170, 8 U. S. C., sec. 1101
(a) (36)) is amended by deleting the word "Alaska,".
SEC. 23.
The first sentence of section 212 (d) (7) of the
Immigration and Nationality Act (66 Stat. 188, 8
U. S. C., sec. 1182 (d) (7)) is amended by deleting
the word "Alaska,".
SEC. 24.
Nothing contained in this Act shall be held to
repeal, amend, or modify the provisions of section
304 of the Immigration and Nationality Act (66
Stat. 237, 8 U. S. C., sec. 1404).
SEC. 25.
The first sentence of section 310 (a) of the Immigration
and Nationality Act (66 Stat. 239, 8 U.
S. C., sec. 1421 (a)) is amended by deleting the
words "District Courts of the United States for
the Territories of Hawaii and Alaska" and substituting
therefor the words "District Court of the
United States for the Territory of Hawaii".
SEC. 26.
Section 344 (d) of the Immigration and Nationality
Act. (66 Stat. 265, 8 U. S. C., sec. 1455 (d))
is amended by deleting the words "in Alaska and".
SEC. 27.
(a) The third proviso in section 27 of the Merchant
Marine Act, 1920, as amended (46 U. S. C.,
sec. 883), is further amended by striking out
the word "excluding" and inserting in lieu thereof the
word "including".
(b) Nothing contained in this or any other Act
shall be construed as depriving the Federal
Maritime Board of the exclusive jurisdiction heretofore
conferred on it over common carriers
engaged in transportation by water between any
port in the State of Alaska and other ports in the
United States, its Territories or possessions,
or as conferring upon the Interstate Commerce
Commission jurisdiction over transportation by
water between any such ports.
SEC. 28.
(a) The last sentence of section 9 of the Act
entitled "An Act to provide for the leasing of coal
lands in the Territory of Alaska, and for other
purposes", approved October 20, 1914 (48 U. S.
C. 439), is hereby amended to read as follows:
"All net profits from operation of Government
mines, and all bonuses, royalties, and rentals
under leases as herein provided and all other
payments received under this Act shall be distributed
as follows as soon as practicable after
December 31 and June 30 of each year: (1) 90 per
centum thereof shall be paid by the Secretary
of the Treasury to the State of Alaska for disposition
by the legislature thereof; and (2) 10 per
centum shall be deposited in the Treasury of the
United States to the credit of miscellaneous
receipts."
(b) Section 35 of the Act entitled "An Act to promote
the mining of coal, phosphate, oil, oil shale,
gas, and sodium on the public domain", approved
February 25, 1920, as amended (30 U. S. C.
191), is hereby amended by inserting immediately
before the colon preceding the first proviso
thereof the following: ", and of those from Alaska
52 1/2 per centum thereof shall be paid to the
State of Alaska for disposition by the legislature
thereof".
SEC. 29.
If any provision of this Act, or any section,
subsection, sentence, clause, phrase, or individual
word, or the application thereof to any person
or circumstance is held invalid, the validity of the
remainder of the Act and of the application of
any such provision, section, subsection, sentence,
clause, phrase, or individual word to other persons
and circumstances shall not be affected
thereby.
SEC. 30.
All Acts or parts of Acts in conflict with the
provisions of this Act, whether passed by the
legislature of said Territory or by Congress,
are hereby repealed.
Approved July 7, 1958.