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States not otherwise appropriated, for defraying the expenses of the elections provided for in this Act and the expenses of the convention, The delegates shall receive for their services, in addition to mileage at the rate of 20 cents a mile each way, the sum of $1,000 each, payable in four equal installments on and after the first, twentieth, fortieth, and sixtieth days of the convention, excluding Sundays and holidays. The disbursements of the money so appropriated shall be made by the Secretary of the Territory of Alaska. The Territorial legislature is hereby authorized to appropriate such sum as it may deem advisable for the payment of additional compensation to said delegates and for defraying their expenses and for such other purposes as it may deem necessary.
SEC. 9. The care and treatment of the mentally ill of Alaska shall be assumed by the State of Alaska: Provided, That the Federal Government shall continue to care for and treat the mentally ill of Alaska who are receiving such care and treatment in an institution at the expense of the Federal Government at the time Alaska is admitted into the Union.
Sec. 10. (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 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 1, 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, 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, and 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 vest 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.
SEC. 11. 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: "§ 81A. Alaska
“Alaska constitutes one judicial district.
(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 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," ;
(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," ; and
(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".
SEC. 12. No writ, action, indictment, cause, or proceeding pending in the District Court for the Territory of Alaska on the date when said Territory shall be come 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 exent, 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 heen 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. 13. 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 l'nited 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.
Sex. 14. All causes pending 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. All other causes pending 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. 15. 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. 16. 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. 17. 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 any State 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. 18. Section 2 of the Act of October 20, 1914 (38 Stat. 742; 48 U. S. C., sec. 433), is hereby repealed.
Sec. 19. (a) No area of land in Alaska shall be designated hereafter as an Indian reservation pursuant to section 2 of the Act of May 1, 1936 (49 Stat. 1250).
(b) The Secretary of the Interior is authorized, upon application, to issue patents to the appropriate native tribes and villages or individuals for any lands in Alaska that have been in their possession and actually in their use or occupation, for a period of not less than three years immediately prior to the effective date of this Act, for towns, villages, building sites, cultivated fields or gardens, hunting or fishing camps, dock or landing sites, business sites, meeting places, missionary stations, burial grounds, or other like purposes.
SEC. 20. There is hereby authorized to be appropriated, out of any money in the Treasury of the United States not otherwise appropriated, to the State of Alaska the sum of $15,000,000 to be used for the following purposes : Construction and improvement of harbors, and State surveys of land granted to the State of Alaska under this Act.
SEC. 21. (a) The State of Alaska shall be entitled to share in authorized or appropriated funds that may hereafter become available for apportionment under the Federal Aid Road Act approved July 11, 1916 (39 Stat. 355), as amended and supplemented, upon the same terms and conditions as any of the several States and the State of Alaska shall be included in the calculations to determine the basis of apportionment of such funds: Provided, That for a period of fifteen years after the admission of Alaska into the Union, the maximum Federal share payable on account of any project constructed under this section in the State of Alaska shall be calculated, in accordance with section 11 of the
Federal Highway Act, approved November 9, 1921 (42 Stat. 212), as amended and supplemented, on the basis of the areas of unappropriated and unreserved public lands and nontaxable Indian lands, individual and tribal, existing in Alaska on the date of approval of this Act and such share shall continue on the same basis irrespective of any change in such areas during the fifteen-year period.
(b) In addition to all other sums heretofore authorized to be appropriated for the construction of roads in Alaska, there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, for the construction of roads in Alaska after the date of the admission of Alaska to the Union, the following sums :
(1) $17,000,000 for the first fiscal year beginning after such date,
(6) $1,000,000 for the sixth fiscal year beginning after such date.
(d) All roads and trails and rights-of-way for roads and trails situated in the Territory of Alaska which on the date of the admission of Alaska into the Union are owned by the United States and administered by the Alaska Railroad Commission, and all real and personal property of the United States situated in the Territory of Alaska which is specifically used by the Alaska Road Commission for the sole purpose of construction and maintenance of roads and trails in Alaska shall be transferred and conveyed to the State of Alaska by the appropriate Federal agency.
SEC. 22. 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.
The CHAIRMAN. I have a couple of amendments that I hope the committee will see fit to adopt because it is my theory that if Alaska becomes a State, and I hope it will, that it will have a better opportunity to make a success of statehood if we include them.
Senator SMATHERS. You think Alaska may make a failure of statehood unless these amendments you are proposing are in. Is that what you said, Mr. Chairman?
The CHAIRMAN. I said that the two amendments that I propose are important to have in if we expect Alaska to make a success of statehood, if and when it becomes a State.
I would just as soon you would lead off, Senator Anderson.
Senator ANDERSON. If Mr. French, Mr. Slaughter and Mr. Bennett sat with us at the committee table we would get along faster.
The first change is that the citizens shall form the new State, instead of that the Territory shall be formed into the State. That is to conform with practice. As a matter of fact, what Senator Cordon, who did much of the work, did was to try to make the two bills conform. I think it is important that the Alaska and Hawaii bills should conform as nearly as possible.
Line 7, page 5 : What we did there was to use a provision that was in the Hawaii bill so that the two bills would be identical on that subject.
Then the second section is a disclaimer clause. The disclaimer clause that was in the original bill had been worked over pretty care
fully, but the Department of Justice had certain questions and if you want to go carefully through this disclaimer clause, it is entirely agreeable with me.
The thing that has interested me was on page 6, starting at line 4; Senator Cordon said he was going to tie it down so there could be no questions. He said: 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.
He sure tied it down to where there could be no question that this was a complete and proper statement of what the situation was. I think it is a very good disclaimer clause. Senator DANIEL. Do you think that will preserve the status quo! Senator ANDERSON. We think that will preserve the status quo.
On page 6, "third,” there is the usual provision in there about the assumption of debts. That has not been changed.
The “fourth” has not been changed. The "fifth” remains as it is. Mr. FRENCH. You might want to point out the significance of the "fourth” in relation to our disclaimer about the use of funds from lands granted for educational purposes and sectarian schools in section 5 (1).
Senator ANDERSON. It would be better to discuss that matter when we come to it later in the bill.
Then section 5 on the top of page 9 is very heavily rewritten from the original bill. That is line 13 now on page 7 of the new bill. You now have a section which says:
For the purpose of furthering the development of and expansion of communities, the State of Alaska is hereby granted and shall be entitled to select from lands within the national forests in Alaska which are vacant and unappropriated at the time of their selection not to exceed 400,000 acres and then the provision goes on to the additional lands that are public lands. But it is a change largely in wording. The section is identical with the way it was except that the old section read that there is hereby granted to the State of Alaska so many thousand acres. In order to make it absolutely sure, there is a provision that the State of Alaska is hereby granted, and shall be entitled to select from these lands in these areas. The usual provision shall not invalidate any existing
The CHAIRMAN. While you are on that subject, Senator Anderson, I wanted to make a suggestion, to move to permit the State to select those public lands now under lease and also to permit the State to lease or dispose of its land in whatever manner it chooses. This would rewrite subsection (j) of section 5. That provision is on page 14. It is quite a way on, but it covers the same subject.
Senator ANDERSON. I will be glad to deal with it now or later. We can go to it right now.
The CHAIRMAN. I am not an attorney. I am of the opinion that we should be just as liberal as possible within reason, with the Territory of Alaska. Alaska is going to take a long time to develop when it