ALASKA STATEHOOD

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP60-00321R000300330001-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 19
• Document Creation Date: December 27, 2016
• Document Release Date: January 14, 2014
• Sequence Number: 1
• Publication Date: August 19, 1958
• Content Type: MEMO

STAT
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EXECUTIVE OFFICE OF THE PRESIDENT
BUREAU OF THE BUDGET
WASHINGTON 25. D. C.
s j0
ec
BULLETIN NO. 59-1. August 4, 1958
TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT: Effects of Alaska statehood
1. "Ise. In view of the imminent admission of Alaska to
statehood,VEiesident has directed the Bureau of the Budget to
take the initiative in the executive branch, beyond the regular
responsibilities of the Department of the Interior, in making a study
of the effects of statehood on Federal lams and activities in order
to develop a program for an orderly transition from territorial status.
A copy of the President's letter is attached. Appropriate arrangements
will be made centrally to assure necessary coordination with the
government of Alaska.
2. Pro:E.L_..n_ttolDedeveloca. Each agency which has
functions affected by to statehood shall:
a. Review the laws, treaties, Executive orders, and directives
which it administers, and its implementing regulations,
instructions, and procedures in the light of Public Law
u''-85-508 (the Act to provide for the admission of the State
of Alaska into the Union) for the purpose of (1) deteraining
what changes, if any, will be necessary or desirable because
of Alaska's changed status; (2) identifying any questions,
such as those involving statutory interpretation or policy
issues, which will require resolution; (3) identifying
Federal programs which cannot be initiated or continued with-
out legislative or other action by the State of Alaska; and
(4) developing, where necessary, drafts of proposed Federal
legislation, Executive orders, proclamations, and other
appropriate instruments.
This review should include any pending legislation or
legislative proposals in the draft stage.
b. Review organizational arrangements for administration of
the agency's programs in Alaska and internal agency regu-
lations to identify actions required to accomplish such
adjustments and modifications as should be made in
connection with the transition to statehood.
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c. Review the grant-in-aid programs administered by the agency,
and provide, in tabular form, the following data on each of
those programs: (1) title of program; (2) comparison of
matching or other provisions now applicable to the Territory
of Alaska with those now applicable to the States) with
specific description of and citations for any special pro-
visions governing grants-in-aid to Alaska (including identi-
fication of any instances in which the agency would have
administrative discretion to make a grant to Alaska on terms
different from those applicable to other States); (3) effect
of statehood legislation on any special provisions; and (4)
estimated amount of annual grant to Alaska for fiscal years
1959 and 1960 (A) under present law, (B) under conditions of
statehood, and (C) in case any special provisions would remain
when Alaska attains statehood, under formulas applicable to
other States if those were applied to Alaska. This table
should be consistent with the assumptions and policies set
forth in paragraph 3.
d. Review the effects of Alaska statehood upon the agencyte
budget and prepare a statement indicating and explaining,
by appropriation or fund account* the changes for the fiscal
years 1959 and 1960 in appropriation requirements and expendi-
tures as a result of Alaska statehood. This statement shall
follow the'assumptions and policies set forth in paragraph 3.
3. Assumptions and policies for budget purposes. In order to
assure uniformity of estimates, the following assumptions and policies
will be used both in the preparation of the statement required by
paragraph 2c and in the regular preparation of budget estimates:
a. It will be assumed that Alaska will be a State for
approximately the last 6 months of the current fiscal year.
b. It will be assumed that present differentials which apply
on a Government-wide basis, such as those relating to
salaries and travel, will remain in effect.
c. It will be assumed that new legislative proposals required
as a result of Alaskals admission to statehood will generally
become effective about the beginning of the fiscal year 1960.
Such items will be handled in the same manner as other supple-
mental budget estimates under proposed legislation, and will
not be included in the regular budget schedules for the
appropriation or fund involved.
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4. Reports. The following reports shall be made to the Bureau
of the Budget:
a0 By August 15, 1958, identification of the officer supervising
the review required under paragraph 2 and a listing of any
studies or plans made to that date in preparation for Alaska
statehood.
b. By September 15, 1958, the statements on grants-in-aid and
budgetary changes referred to in paragraphs 2c and 2d,
together with a preliminary report: (1) outlining plans for
the review required under paragraphs 2a and 2b, indicating
areas and types of programs being covered; and (2) high.
lighting any issues or problems identified by that time
which may require the attention of the President or action
by the Congress, and any other matters which may require
action, including any questions of statutory interpretation
which are not resolved.
c. By November 15, 1958, a final report summarizing the results
of the review and indicating the significant actions con-
templated, and questions raised, together with pertinent
conclusions and recommendations. Drafts of proposed legis-
lation, Executive orders, proclamations, and other instruments
as may be found necessary should be submitted not later than
this date.
Five copies should be furnished of all submissions. The submission
of information in response to this Bulletin is not a substitute for
submission and clearance in the customary manner of those matters which
require clearance under Budget Circular No. A-11 or Budget Circular
No. A-.190
5. Action during continuance of Territorial status. Pending
the proclamation of statehood for Alaska, the Office of Territories of
the Department of the Interior will continue to coordinate the Federal
programs in Alaska which it has heretofore coordinated.
Inquiries about this Bulletin should be addressed to Harold Seidman,
Assistant Chief, Office of Management and Organization (code 113,
extension 2128).
MAURICE H. STANS
Director
Attachment
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To Bureau of the Budget
Bulletin No. 59-1
THE WHITE HOUSE
WAS H IN GTO N
July 18, 1958
Dear Mr. Stans:
In view of the imminent admission of the State of Alaska
into the Union, it is essential that the Federal Government
promptly make such adjustments in present Federal laws
and programs as are necessary to facilitate an orderly
transition from territorial status to statehood. This will
require a careful study of the effects of statehood and the
development of a systematic and coordinated program for
effecting the transition.
I believe that the Bureau of the Budget should assume leader-
ship for Executive Branch action inthis area, beyond the
regular responsibilities of the Department of the Interior.
Therefore, I am asking you, with the cooperation of the
interested departments and agencies, to undertake the task
of reviewing the implications of Alaska statehood, develop-
ing a comprehensive plan for accomplishing the transition,
and presenting to me recommendations for dealing with any
matters requiring my attention.
Sincerely,
AGjelefe,a"...._
The Honorable Maurice H. Stans
Director
Bureau of the Budget
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85th Congress, H. R. 7999
July 7, 1958
AN ACT
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72 Stat. 339.
To provide for the admission of the State of Alaska Into the Union.
Be it enacted by the Senate and House of Representatives of the
United States 'of America in Congress assembled, That, subject to the Alaska,
provisions of 'this Act, and upon issuance of the proclamation statehood.
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 con-
stitution 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 on 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, 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 Constitution.
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 Compaot
people do agree and declare that they forever disclaim all right and with U.S.
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 a 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 other-
wise 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 pre-
scribed or may hereafter prescribe, and except when held by individual
natives in fee without restrictions on alienation.
GPO: 1958 0-27985 (313)
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72 Stat. 340.
Title to SEc. 5. The State of Alaska and its political subdivisions, respec-
property. 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 providethin section 6 hereof, the United States shall retain
title to all property, real and personal, to which it has title, including
public lands.
seleoti on from SEC. 6. (a) For the purposes of furthering the development of and
publio lands, 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 exist-
ing claim, location, or entry under the laws of the United States,
whether for homestead, mineral, right-of-way, or other purpose what-
soever, 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.
Fish and (e) All real and personal property of the United States situated in
wildlife the Territory of Alaska which is specifically used for the sole purpose
resources. 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
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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 pro-
vision for the administration' management, and conservation of said
resourcet 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 man- 55 Stat. 632.
agement 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 64 Stat. 434.
available for the period, and under tlie 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 adminis-
tration 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 Public school
within said State which shall be sold by the United States ?ubsequent support.
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 he 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 reason-
ably 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 pre-
ferred right of application created by section 4 of the Act of September
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Mineral leases,
permits, eto.
48 USC 432,
passim.
Mineral land
grants.
Schools and
oolleges.
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 Sec-
retary 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 ap-
proval 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 sub-
ject 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 min-
eral 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 a reserva-
tion 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
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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 Confirmation
confirmed and transferred to the State of Alaska upon its admission. of grants.
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 out-
standing 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 grant Internal
of land for purposes of internal improvements made to new States by improvement's.
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, Eighty- Submerged
third Congress, first session; (7 Stat. 29) shall be applicable to the lands.
State of Alaska and the said State shall have the same rights as do 43 USC 130).
existing States thereunder. note.
SEC. 7. Upon enactment of this Act, it shall be the duty of the certification
President of the United States, not later than July 3, 1958, to certify by President.
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 constitu-
tion 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 Election of
by section 7 shall provide for holding of a primary election and a officers;
general election on dates to be fixed by the Governor of Alaska: date, etc.
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 mem-
bers 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
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72 Stat. 344.
Certification of
voting results
by Governor.
Proolamation
by President.
Laws in effeot.(
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 and all claims
(date of approval of this Act)
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 prop-
ositions is not adopted at said election by a majority of the legal
votes cast on said submission, the provisions of this Act shall there-
upon 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 submis-
sion 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 submis-
sion 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 proclama-
tion 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 Ter-
ritory, 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 pro-
vided by the constitution and laws of said State. The Governor of
said State shall certify the election of the Senators and Representa-
tive in the manner required by law, and the said Senators and Repre-
sentative 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
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72 Stat. 345,
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" in- Definitions.
eludes (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 Con-
gress 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 admis-
sion 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 House Of
shall be entitled to one Representative until the taking effect of the Representatives
next reapportionment, and such Representative shall be in addition membership.
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 mem-
bership 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 National de-
to establish, by Executive order or proclamation, one or more special freaml
nsewa.ith-
national defense withdrawals within the exterior boundaries of Alaska, d
which withdrawal or withdrawals may thereafter be terminated in
whole or in part by the President.
(b) Special national defense withdrawals established under sub-
section (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 Green-
wich; 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 procla- Jurisdiction.
mation, exclusive jurisdiction over all special national defense with-
drawals 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 exclu-
sive 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 lona as
such tract or parcel remains within the exterior boundaries of such a
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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 jurisdic-
tion shall not prevent the execution of any process, civil or criminal,
of the State of Alaska, upon any person found within said with-
drawals: 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 pro-
cedures 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 other-
wise 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, includ-
ing, but without limiting the generality of the foregoing, those pro-
62 Stat. 683. visions 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 use,
enacted by the Congress that are of general appli-
cation 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 sub-
divisions 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 with-
drawals 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 juris-
diction by this Act or other provisions of law, shall be performed
within the withdrawals by such civilian Individuals or civilian agen-
cies 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 subsec-
tion, as well as over all offenses committed within the withdrawals.
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(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 he 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 Mount McKinley
the right, ownership, and authority of the United States in Mount National Park.
McKinley National Park, as now or hereafter constituted; but ex-
clusive jurisdiction, in all cases, shall be exercised by the United States
for the national park, as now or hereafter constituted; saving, how-
ever, 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 com-
mitted in said State, but outside of said park; and saving further to
the said State the right to tax persons and corporations, their fran-
chises 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 military, naval,
Union, authority is reserved in the United States, subject to the etc. lands.
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, Inc preo.
in all cases whatsoever over such tracts or parcels of land as, immedi_ Title 1.
ately prior to the admission of said State, are owned by the United
States and held for military, naval, Air Force, or Coast Guard pur-
poses, 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 civil and
or criminal process within the said tracts or parcels of land in suits criminal
or prosecutions for or on account of rights acquired, obligations Jurisdiction.
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 subsec-
tion shall not apply to lands within such special national defense with-
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/2 btat. J4b.
Judicial and
criminal
provisions.
drawal or withdrawals as may be established pursuant to section 10
of this Act until such lands cease to be subject to the exclusive jurisdic-
tion 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 immedi-
ately after section 81 thereof a new section, to be designated as sec-
tion 81A, and to read as follows:
"? 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 immedi-
ately 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 affct 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 181 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," -
(1) 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,'iqurther amended by striking out from the first paragraph
of such section the words: "and of the District Court for the Terri-
tory of Alaska";
(n) Subsection (q) of section 376 of title 281 United States Code, is
amended by striking out the words: "the District Court for the Terri-
tory of Alaska,": Provided, That the amendment made by this sub-
section 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;
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72 Stat. 349.
(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 continuation
in the District Court for the Territory of Alaska on the date when of suite.
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 Terri- Appeals.
tory 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 deter-
mination 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 Transfer of
for the Territory of Alaska at the time of the admission of Alaska oases.
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 dis-
position and enforcement in the same manner as is now provided by
Jaw 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 admis-
sion 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
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72 Stat. 350.
the same manner as is now provided by law with reference to the
judgments and decrees in existing United States district courts.
Suooession SEC. 16. Jurisdiction of all cases pending or determined in the Dis-
of courts. trict 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.
Jurisdiction SEC. 18. The provisions of the preceding sections with respect to the
of District termination of the jurisdiction of the District Court for the Territory
Court. of Alaska, the continuation of suits, the succession of courts, and the
Termination satisfaction of rights of litigants in suits before such courts, shall not
date, 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 func-
tion as provided in this section.
Federal Reserve SEC. 19. The first paragraph of section 2 of the Federal Reserve
System. 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 na-
tional 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 there-
48 Stat. 168. upon be an insured bank under the Federal Deposit Insurance Act,
64 Stat. 873. and failure to do so shall subject such bank to the penalty provided by
12 USC 1811 the sixth paragraph of this section."
note.
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SEC. 20. Section 2 of the Act of October 20, 1914 (38 Stat. 742; Repeal.
48 U. S. C., sec. 433), is hereby repealed.
SEC. 21. Nothing contained in this Act shall operate to confer Immigration
United States nationality, nor to terminate nationality heretofore and
lawfully acquired, nor restore nationality heretofore lost under any nationality.
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 delet-
ing the word "Alaska,".
SEC. 23. The first sentence of section 212 (d) (7) of the Immigra-
tion 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 Transportation
Act, 1920, as amended (46 U. S. C., sec. 883), is further amended by by water. ,
striking out the word excluding" and inserting in lieu thereof the 41 Stat. 999.
word including".
(b) Nothing contained in this or any other Act shall be construed
as depriving the Federal Maritime Board of the exclusive juris-
diction 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 Mines and
Act to provide for the leasing of coal lands in the Territory of Alaska, mining.
and for other purposes", approved October 20, 1914 (48 U. S. C. 439), 38 Stat. 744.
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 Decem-
ber 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
i
be deposited n 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 41 Stat. 450.
amended by inserting immediately before the colon preceding the first
proviso thereof the following: ", and of those from Alaska 521/2 per
centum thereof shall be paid to the State of Alaska for disposition by
the legislature thereof".
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72 Stat. 352.
Separability SEC. 29. If any provision of this Act, or any section, subsection, sen-
clause. tence, 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.
Repeals. 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.
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