WHAT ARE THEY?
The "17(b) Easements" are named
after the section of the Federal Regulation, Alaska
Native Claims Settlement Act "ANCSA" (PL 92-203 -
85 Stat. 688). This Federal Regulation allows reserving
easements on lands which will be conveyed to Alaska
Native Village and Regional Corporations in order
to allow public access to public land and water.
The Federal Regulations, 43 CFR
2650.4-7, describe the guidelines which are used
in reserving easements in conveyance documents.
HOW
CAN EASEMENTS BE USED?
There are different widths of 17(b) trail easements and site easements
which allow certain uses. Please note: Departing from these easements on to Native lands without express
permission from the Native Land owners is trespass. Please research land
status before using these easements and respect the private property rights of
the land owners. Below is a list of how you can use each type
of easement.
25-Foot Trail -
The uses allowed on a 25-foot-wide trail easement
are: travel by foot, dogsleds, animals, snowmobiles,
two- and three-wheeled vehicles, and small all-terrain
vehicles (less than 3,000 lbs. gross vehicle weight).
50-Foot Trail -
The uses allowed on a 50-foot-wide trail easement
are those allowed for a 25-foot trail plus large
all-terrain vehicles (more than 3,000 lbs. gross
vehicle weight), tracked vehicles, and four-wheel-drive
vehicles.
60-Foot Road -
The uses allowed on a 60-foot-wide road easement
are those allowed for 25- and 50-foot trails plus
automobiles and trucks.
1-Acre Site -
The uses allowed on a site easement are: vehicle
parking (e.g., aircraft, boats, all-terrain vehicles,
snowmobiles, cars, and trucks), temporary camping,
and loading or unloading. Temporary camping, loading,
or unloading is limited to 24 hours.
WHERE ARE THEY LOCATED?
If you know the location
of the area you are interested in you can look on
the 17(b) easement
map quads by the United States Geological Survey
(USGS) name, or by searching the DNR & BLM joint
Land Records Information System. A Legend is
available to assist you in interpretting the easement
maps.
If you do not know
the United States Geological Survey quad naame and
number you can search for the map by using a legal
description (meridian, township and range) from the
DNR Land Records Information System by
finding the Master Title Plat listed under Federal
Records. For help in interpretting plats, contact
a Department of Natural Resources (DNR) or Bureau
of Land Management (BLM) Public Information Office,
or use the on-line help functions.
WHO MANAGES 17b EASEMENTS?
17(b) easements
are reserved and managed by the federal government.
If you have a question on the management of a 17(b)
easement please contact the BLM Field Offices in
Anchorage, Glennallen or Fairbanks.
THE STATE'S ROLE IN ANCSA CONVEYANCES
The State
of Alaska, Department of Natural Resources, Division
of Mining, Land, and Water, Public Access Assertion
and Defense (PAAD) Unit includes an Easement and
Navigability Sub-Unit. The PAAD Unit's Easement Sub-Unit focuses on the protection
of access across land to public lands and waters. We
also coordinate with other state agencies as needed.
Native Allotment Review:
The PAAD Easement Sub-Unit reviews and sends comments to the DNR Realty Services
Office concerning Native Allotments which are reviewed for existing trails or sites easements which
may cross or predate a Native Allotment use and occupancy. Realty Services
then sends the comments to BLM for consideration before the Certificate of
Native Allotment is issued.
Native Corporation Land Conveyance Review:
On December 10, 2004 the BLM 2009
Alaska Land Transfer Acceleration Act was passed. BLM's goal is to complete
all their final conveyances by 2009. To read the Act, click here: (PL
108-452).
17(b) easements are reserved to provide access to public lands, public resources
and groups of private inholdings sufficient in number to consitute a public
use. Many easements are not marked and most are not surveyed. The right to
use the easement is usually limited to transportation purposes. These easements
are intended to provide access across private Native
lands, and along public waterways. The
state does not manage 17(b) easements or Native lands but may encourage a
donation of site easements to facilitate safe modes of transportations, change
in mode of transportation locations, and rest areas along waters used as
transportation routes. Long term camping is prohibited on site easements.
DNR reviews the conveyance actions of BLM to
protect State interests. BLM sends
out a public notice when a section of land will be conveyed to a Native Corporation.
The PAAD Unit reviews the conveyance document to see if easements should
remain (if existing), be reserved, continued, or terminated. The PAAD Unit
sends their comments to BLM who collects the recommendations from State and
Federal agencies and interested parties prior to issuing the final conveyance
documents. Public easements and facilities may be dedicated by Native
Corporations following the conveyance of the lands. Search the Land
Records Information site by community name for existing 14(c) surveys. Search
the Community Profile
maps for aerials with planned easements.
ADDITIONAL INFORMATION
To obtain additional
information, please provide the name of the USGS
quad map and the, Section, Township, Range, and Meridian
for the location. Also look at the federal Master
Title Plat and look for the "IC" or Interim Conveyance
number or the federal patent number that starts with "50-..-....".
For information about
accessing Native Corporation land outside of an
easement boundary contact the Regional
Corporation. For a detailed map of Alaska Regional
Corporation boundaries, click
here.
DNR updates the easement
data several times a year. The most current information
can be found at the Federal Bureau of Land Management
(BLM).
The Department of
Natural Resources has Public Information Offices
in Anchorage, Fairbanks and Juneau. BLM Field
Offices in Anchorage, Fairbanks or Glennallen can
help interpret the 17(b) maps and easement management
policies.
For more information
on the status of Federal conveyances see the BLM
Alaska 17(b) webpage.
