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FOREST SERVICE HANDBOOK
ALASKA REGION (REGION 10)
JUNEAU, ALASKA
FSH 5509.11 – TITLE CLAIMS, SALES AND GRANTS HANDBOOK
CHAPTER 40 – SPECIAL ACTS
Supplement No.: R-10 5509.11-2003-1
Effective Date: December 23, 2003
Duration: This supplement is effective until superseded or removed.
Approved: /s/ Dennis E. Bschor
DENNIS E. BSCHOR
Regional Forester
Date Approved: 12/11/2003
Posting Instructions: Supplements are numbered consecutively by Handbook number
and calendar year. Post by document; remove the entire document and replace it with this
supplement. Retain this transmittal as the first page(s) of this document. The last R-10
supplement to this Handbook was R-10 5509.11-98-1 to chapter 40.
New Documents
5509.11_40
9 Pages
Superseded Document(s)
by Issuance Number and
Effective Date
5509.11,40 (5509.11-98-1, 10-30-98)
10 Pages
Digest:
Conforms the handbook format and style to the new template using the agency’s current
corporate word processing software. Some typographical errors were corrected and minor
wording changes made to add clarity; however, this supplement contains no substantive
changes to regional policy direction.
R-10 SUPPLEMENT 5509.11-2003-1
EFFECTIVE DATE: 12/23/2003
DURATION: This supplement is effective until superseded or removed.
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FSH 5509.11 – TITLE CLAIMS, SALES AND GRANTS HANDBOOK
CHAPTER 40 – SPECIAL ACTS
42 - GRANTS
42.01 - Authority
1. Alaska Native Allotment. The Act of May 17, 1906, (34 Stat., 197), provides
that the Secretary of the Interior is authorized and empowered, in his discretion and under
such rules as he may prescribe, to allot not to exceed 160 acres of vacant, unappropriated,
and unreserved non-mineral land in Alaska, or, subject to the provisions of the Act of
March 8, 1922, as amended (42 Stat. 415), vacant unappropriated and unreserved land in
Alaska that may be valuable for coal, oil, or gas deposits to any Indian, Aleut, or Eskimo
of full or mixed blood, who resides in and is a native of Alaska, and who is the head of a
family, or is 21 years of age; and the land so allotted shall be deemed the homestead of the
allottee and his heirs in perpetuity, and shall be inalienable and nontaxable until otherwise
provided by the Congress.
The Act of August 2, 1956 (70 Stat. 954), amends the 1906 Act to provide that allotments
may be made in National Forests if founded on occupancy of the land prior to the
establishment of the particular Forest, or if the Secretary of Agriculture certifies that the
land in the application for allotment is chiefly valuable for agriculture or grazing purposes.
The amendment further provides that no allotment shall be made to any person until that
person has made proof satisfactory to the Secretary of the Interior of substantially
continuous use and occupancy of the land for a period of 5 years.
2. Alaska Community Development. The State of Alaska is authorized by the
Statehood Act of July 7, 1958, to select National Forest land needed for community
development, expansion or reservation.
3. Alaska Native Claims Settlement Act (ANCSA).
4. Alaska National Interest Lands Conservation Act (ANILCA).
42.03 - Policy
1. Alaska Native Allotment. In each case where an application for an allotment on
a National Forest is received from the Bureau of Land Management, the Forest Service
will prepare a report and submit it with recommendations to the appropriate BLM State
Office.
An affirmative recommendation will be given when the applicant meets the requirements
of the Act and can furnish proof that he occupied the site at the time the particular Forest
was created. Affirmative recommendations also apply if the subject land is chiefly
R-10 SUPPLEMENT 5509.11-2003-1
EFFECTIVE DATE: 12/23/2003
DURATION: This supplement is effective until superseded or removed.
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FSH 5509.11 – TITLE CLAIMS, SALES AND GRANTS HANDBOOK
CHAPTER 40 – SPECIAL ACTS
valuable for agriculture or grazing purposes and the applicant substantially used and
occupied the site for a period of 5 years or longer.
To be chiefly valuable for agriculture or grazing, the land must be an economic unit and
the farming or grazing must reasonably support a Native family. In the case of allotments
for other than agriculture or grazing, the applicant must have occupied the land prior to the
creation of the National Forest. Occupancy for a substantial part of each year may be
acceptable if this was the normal pattern of life, but that occasional or casual use would not
be sufficient to qualify.
a. Procedures for Alaska Native Allotments.
(1) Application Processing. Although the Alaska Native Claims Settlement
Act of 1971 revoked the Alaska Native Allotment Act, provision was made for
processing all applications pending before Interior on December 18, 1971.
No more than one allotment may be conveyed to any one person. The law does
not permit a Native to apply for an allotment based on the occupancy and use of
his or her ancestors.
The BLM land office manager will forward applications for allotments on the
National Forest to the Regional Forester for a report and recommendation. A
certificate by an authorized officer of the Bureau of Indian Affairs that the
applicant is a Native qualified to make application under the allotment act
should accompany the application.
The Bureau of Land Management will process applications for Native
allotments in accordance with 43 CFR 2561.0-8(c), Allotments to Indians,
Aleuts, and Eskimos.
(2) Agriculture Determination. The Regional Forester will request the Forest
Supervisor to examine the tract and report on the application. The report will
include a classification of the land where the potential agricultural or grazing
properties are involved and a recommendation as to whether the applicant has
met the occupancy requirements claimed in the application. The report should
be complete and the recommendations clear to provide the Regional Forester
with sufficient information. The Regional Forester then issues an Agricultural
Determination to the BLM.
(3) Interim Management of Allotments. Many applications for allotments have
been made under the Act of May 17, 1906. These applications impose
restrictions on the management and use of the land involved. Timber
harvesting, resource management projects, or other projects that will affect the
land or resources on a claim are not permitted unless the claim has been
R-10 SUPPLEMENT 5509.11-2003-1
EFFECTIVE DATE: 12/23/2003
DURATION: This supplement is effective until superseded or removed.
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FSH 5509.11 – TITLE CLAIMS, SALES AND GRANTS HANDBOOK
CHAPTER 40 – SPECIAL ACTS
determined to be invalid. Roads may be constructed across a claim only after a
Deed of Further Assurance has been obtained and recorded, or clearance has
been received from the Regional Forester.
Roads already existing across a claim may be used as needed to remove timber
cut outside the claim, or to provide public recreational access outside the claim.
Normal road maintenance on existing roads may take place within the claim.
2. Alaska Community Development. The Alaska Statehood Act authorized
conveyance of up to 400,000 acres of National Forest land for community development,
expansion, and recreation. However, the State was allowed to select up to 25 percent over
its remaining entitlement. No conveyances will be considered for less than 160 acres. The
period for National Forest selections has passed and there will be no new State selections
under this act. However, it may take many years to complete the conveyance process on
remaning State selections.
3. Alaska Native Claims Settlement Act (ANCSA). Waiver of Administration
Policy and Procedures.
a. Interim Conveyance. Upon interim conveyance, the Forest Supervisor
should prepare a "Letter of Notification," (Exhibit 42.1-02) to each permittee on
whose permit or other interest Forest Service administration is to be waived.
Since the authority to make such waivers has been delegated to the Regional
Forester and may not be further delegated, such letters shall be prepared for his
signature. It will be the policy of the Region to waive administration whenever
possible. Sec. 14(g) of ANCSA authorizes such action. Each situation must be
considered on a case-by-case basis. If the Forest Supervisor believes
administration of a permit should not be waived, he/she should state his/her
reasons and submit them to the Regional Forester for review.
Along with the "Letter of Notification," include three copies of the permit itself.
One copy will be sent to the village corporation, one to the regional
corporation, and one retained in the Regional Office (RO) files. In cases where
the regional corporation is receiving title to both surface and subsurface estate
only two copies need to be sent to the RO. Permits authorizing occupancy of
the surface estate will be waived to the selecting corporation and permits for
subsurface resources, for example, sand, gravel, and rock, to the regional
corporation.
Most eligible villages and regional corporations in the Tongass and Chugach
National Forests have now selected and recieved interim conveyance to a
substantial part of their entitlement. The original withdrawals will remain in
effect until they have received their full entitlement. No contracts, special use
permits, mineral materials permits, easements, right-of-ways or other third-
R-10 SUPPLEMENT 5509.11-2003-1
EFFECTIVE DATE: 12/23/2003
DURATION: This supplement is effective until superseded or removed.
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FSH 5509.11 – TITLE CLAIMS, SALES AND GRANTS HANDBOOK
CHAPTER 40 – SPECIAL ACTS
party encumbrances will be authorized on lands selected without the consent of
the affected Native corporation, unless specific authorization is received from
the Regional Forester.
Upon issuance of interim conveyance, all Forest Service authority to manage
the land ceases, except as related to outstanding contracts, permits, easements,
and right-of-ways. The Forest Service ANCSA Sec. 14(g) waiver policy is
applicable to such outstanding encumbrances on interim conveyance.
Forest Supervisors may act favorably on applications where consent has been
granted, if that consent imposes no provisions or stipulations that are beyond
our authority to grant, such as demands for deposit to escrow accounts in excess
of the appraised value. If consent is withheld, the Forest Supervisor will either
deny the application or, in the case of pressing public need and public benefit,
request authorization from the Regional Forester to permit the use and
occupancy as authorized by section 22(i) of ANCSA.
On lands withdrawn, but not selected by a Native corporation, the requirements
of Section 2650.1(a) of the ANCSA regulations will apply: "Prior to the
Secretary's making contracts or issuing leases, permits, right-of-ways, or
easements, the views of the concerned regions or villages shall be obtained and
considered . . .." Unless extenuating circumstances exist, permits, contracts and
other encumbrances, including renewals or extensions, on selected land will be
limited to one-year periods.
Applicants for permits, contracts or other encumbrances should be required to
obtain the consent and/or views of the affected Native corporations. Efforts to
seek consent and/or views of Native corporations should be thoroughly
documented. No decisions involving third-party interests on withdrawn lands
will be made until the involved Native corporations have had ample time to
respond and until the response has been given due consideration.
If there are any questions about the boundaries of the selections or of proposed
management activities, the forests should consult with the appropriate Native
Corporation and the Regional Office Lands status staff.
4. Alaska National Interest Lands Conservation Act (ANILCA).
42.04 - Responsibility
1. Alaska Native Allotment. The Regional Forester for Alaska is authorized to
perform such functions as may be required to carry out Forest Service responsibilities
pertaining to allotment applications from Indians, Aleuts, and Eskimos on National Forest
lands.
R-10 SUPPLEMENT 5509.11-2003-1
EFFECTIVE DATE: 12/23/2003
DURATION: This supplement is effective until superseded or removed.
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FSH 5509.11 – TITLE CLAIMS, SALES AND GRANTS HANDBOOK
CHAPTER 40 – SPECIAL ACTS
2. Alaska Native Claims Settlement Act (ANCSA).
3. Alaska National Interest Lands Conservation Act (ANILCA).
42.1 - Alaska Community Development
1. The State provides the Bureau of Land Management an annual listing of
priorities where they wish to receive title.
2. When formal Forest Service approval is given on a selection unit, the following
actions take place:
a. The Forest Supervisor initiates action to revoke or revise any withdrawals
where appropriate to enable conveyance of lands approved for transfer to the
State. (Withdrawals prevent lands from being selected and conveyed to the
State and must be revoked to allow title transfer).
b. The RO will check with the Forest involved to identify third party interests
and request needed easements or rights-of-way.
c. The Forest Supervisor notifies special use permittees in the selection area of
the proposed land transfer. Under no circumstances will commitments other
than those provided in State law be made by the Forest Officer.
3. The BLM issues a Tentative Approval (TA), which is a title document
equivalent to a deed, but is issued prior to a land survey. On issuance of a TA by the
BLM, jurisdiction over the land passes to the State. The Tentative Approval notice may
cover all or part of the selection.
4. The Regional Office will take the following actions upon Tentative Approval:
a. Copies of the BLM Decision will be forwarded to the respective Forest.
b. Master State Selection Progress Report will be updated.
5. The following actions will be taken by the Forest Supervisor when the
Tentative Approval is forwarded from the Regional Office:
a. Send District Ranger a copy of tentative approval notice with copy of 42.1 Exhibit 01 to be sent to permittees.
b. Notify each permittee by 42.1 - Exhibit 02 within the selection area of the
following:
(1) Tentative approval and transfer of jurisdiction.
R-10 SUPPLEMENT 5509.11-2003-1
EFFECTIVE DATE: 12/23/2003
DURATION: This supplement is effective until superseded or removed.
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FSH 5509.11 – TITLE CLAIMS, SALES AND GRANTS HANDBOOK
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(2) Closure of permit and effective date.
c. Refund requests will be handled as outline in FSM 6544.
d. Send the State Division of Lands, through the Director of Recreation, Lands
and Minerals, a copy of all existing permits so the State may administer those
permits or proceed with developing their own occupancy permits.
Any selection application received by the Forest Service in effect obligates the
land in question, at least temporarily, for the purpose of selection set forth in
the Statehood Act. Section 906(k) of the Alaska National Interest Lands
Conservation Act prohibits the establishment of new uses on State selected
lands without prior concurrence from the State. This concurrence will be
requested by the District Ranger or project proponent during project evaluation,
and must be received before project implementation.
R-10 SUPPLEMENT 5509.11-2003-1
EFFECTIVE DATE: 12/23/2003
DURATION: This supplement is effective until superseded or removed.
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FSH 5509.11 – TITLE CLAIMS, SALES AND GRANTS HANDBOOK
CHAPTER 40 – SPECIAL ACTS
42.1 - Exhibit 01
Sample Letter Following Tentative Approval
File Code: 5570/2720
Dear Mr./Ms. (name):
You have been previously informed of the State of Alaska selection of an area in the
vicinity of (name of community), Alaska. The selection area includes your special use
permit that was issued on (date), by (Authorized Officer's name and title).
The Bureau of Land Management has issued a notice of tentative approval of the selection
area. Under this action the Statehood Act provides that jurisdiction of the lands has passed
to the State.
Your special use permit will be closed on our records as of (date, approximately one month
after date of letter) and the State is being notified of this action as well as being furnished a
copy of your permit in order that they may assume administration on that date.
Your occupancy of the permit area is recognized and protected by Alaska Statutes
38.05.068 or 38.05.087, which provide you an opportunity to request purchase of a similar
lease from the State.
If the unused prorated portion of your special use fee amounts to $100 or more on the
transfer date indicated above, you may apply for refund. You or your authorized
representative must make application in writing.
If you have any questions concerning this action, please contact this office or the District
Ranger at (address) or the nearest office of the State Division of Lands.
Sincerely,
Forest Supervisor
R-10 SUPPLEMENT 5509.11-2003-1
EFFECTIVE DATE: 12/23/2003
DURATION: This supplement is effective until superseded or removed.
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FSH 5509.11 – TITLE CLAIMS, SALES AND GRANTS HANDBOOK
CHAPTER 40 – SPECIAL ACTS
42.1 - Exhibit 02
Sample Letter - Waiver of Administration--Native Selections
File Code: 2720/5570
Dear Mr./Ms.: (Name)
The Bureau of Land Management has issued a notice of interim conveyance to (name of
corporation) for the land occupied by your (type of) special use permit, dated (date),
located at (legal location). As provided in Sec.14 (g) of the Alaska Native Claims
Settlement Act, the Forest Service hereby waives the administration of that permit. A copy
of this letter and a copy of the special use permit will be sent to (name of corporation) and
will serve as notice that the administration of your permit is being waived as of the date of
this letter. The Alaska Native Claims Settlement Act protects valid existing rights
provided by the terms of your permit. (1)
Payment of fees and any further correspondence concerning your special use permit should
be made to (name of corporation) at the following address: (2)
Name of Corporation
Line 1 of address
Line 2 of address
City, State, Zip Code
Sincerely,
(Name of)
Regional Forester
(1) Enter if applicable: "Your permit, however, as provided for in clause (clause number)
terminated upon transfer of the land to the Native corporation. It is their prerogative to
reissue or not to reissue the permit, as they so desire."
(2) Delete for free use permit holder