Washington : Government Printing Office
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| VOLUME 14—1949 | 7318 |
| VOLUME 14—1949 | 7319 |
Pursuant to the authority vested in the Secretary of the Interior by section 2 of the act of May 1, 1936 (49 Stat. 1250, 48 U.S.C., 1946 ed., sec. 358a), it is ordered that the following described area, including the town reserve established for the native village of Hydaburg by Executive Order 4712 (August 30, 1927), shall be, and the same hereby is, designated as a reservation for the use and occupancy of the Indians of Hydaburg, Alaska:
Beginning at a point at the head of Soda Bay, approximate latitude 55°17' N., longitude l32°55' W.; From the initial point, at lowest low tide, westerly along the line of lowest low tide on the south shore of Soda Bay to a point opposite Halibut Nose; southeasterly along the line of lowest low tide on the north shore of North Pass and the east shore of Sukkwan Strait to Eek Point; northerly along the line of lowest low tide on the west shore of Hetta Inlet to a point one mile above Deer Bay; northerly and westerly along the divide at the head of the drainage into Sukkwan Strait and North Pass to the point of beginning; and Sukkwan Island; and including the rocks and islets within 3,000 feet from such shores; and further including all lakes within the foregoing areas, all inlets where the distance from shore to shore is less than 1,000 feet, all streams, and the waters within 500 yards of the mouth of each such stream as defined pursuant to the act of April 16, 1934 (48 Stat. 594, 48 U.S.C., 1946 ed., secs. 232, 233); and also including the waters and submerged lands adjacent to such uplands and extending 3,000 feet from the shore line at mean low tide; and also including the cemetery on island outside of Hunter Bay, Prince of Wales Island, the cemetery on center island between Howkan and Dall Island, the cemetery on east side of Sukkwan Narrows, Sukkwan Island, the cemetery on south end of Jackson Island, south of Sukkwan Island, the cemetery at Klinkwan, Prince of Wales Island, the cemetery at Howkan, Long Island, and the cemetery at Cape Muzon, Dall Island, the exact boundaries of each cemetery site to be determined at the time of survey by the Bureau of Land Management and the cemetery sites not to exceed in the aggregate 160 acres: Provided, however, That any patented lands are excluded from the reservation designated in this order: And provided further, That if the Supreme Court of the United States shall decide in the pending case of Frank Hynes v. Grimes Packing Co., et al. that waters and submerged lands below low tide cannot properly be reserved for Alaskan natives under section 2 of the act of May 1, 1936, supra, the phrase "and also including the waters and submerged lands adjacent to such uplands and extending 3,000 feet from the shore line at mean low tide" in this order shall be ineffective.
This order shall be subject to any valid existing rights or claims acquired prior to the date hereof and shall become effective only upon its approval by a majority vote of the natives residing in the above-described area, voting in the manner prescribed in the said section 2 of the act of May 1, 1936, and upon the following conditions:
(1) That a stipulation be filed in the Court of Claims by the plaintiffs in the pending suit of the Tlingit and Haida Tribes against the United States, withdrawing all claims of the said tribes or either of them or any town, village, community, land, clan, family, or other subdivisions of either of the plaintiff tribes, to a present possessory interest outside of the area herein reserved and within an area of approximately 905,000 acres hitherto claimed by the natives of the Village of Hydaburg, which area is more specifically described in the petition of the said natives filed with the Secretary of the Interior on June 28, 1944 and amended on September 18, 1944.
(2) That in the interest of conservation and the coordination of timber development in Southeastern Alaska, all commercial disposition of standing timber within the Hydaburg town reserve shall be subject to regulations of the Forest Service of the Department of Agriculture, reserving however to the natives the right to all revenues derived from the sale or disposition of such timber.
This proclamation shall in no way impair the right of the natives of Hydaburg, through their municipal organization or otherwise, to manage their own economic and political affairs and otherwise to exercise all rights of citizenship.
Done in the city of Washington, D.C., this 30th day of November 1949.
J. A. KRUG,
Secretary of the Interior.
