Introduction

The Alaska Native Claims Settlement Act (ANCSA), Section 17(b) authorizes easements across Tribal lands for public access to otherwise isolated federal lands and major waterways as determined reasonably necessary.

The Federal Highway Administration Western Federal Lands Division (FHWA) is developing an ANCSA Section 17(b) Guidebook. This guidebook aims to help federal land management agencies (FLMAs), Native Corporations, and their partners develop a consistent approach to identifying, developing, revising, and removing Section 17(b) easements across Alaska. Additionally, it will offer information and resources to ensure that these easements fulfill their intended purposes.

The FHWA is leading this project in collaboration with several FLMAs, including the U.S. Bureau of Land Management (BLM), National Park Service, U.S. Fish and Wildlife Service, U.S. Forest Service, Alaska Department of Transportation and Public Facilities, and the Denali Commission.

What are Section 17(b) Easements and Why is the Guidebook Needed?

ANCSA Section 17(b) easements are rights reserved to the U.S. for public access, taking the form of roads (60 feet wide), trails (25 or 50 feet wide), airstrips, or one-acre sites. These easements are scattered across the state and can only be used for temporary access. The allowed transportation methods depend on the specific easement conditions.

The BLM oversees the establishment of these easements, usually initiated when a Native Corporation selects lands for conveyance. The BLM reviews the land for public easement needs, gathers input from Native Corporations, federal agencies, the State of Alaska, and other stakeholders, and documents the findings. Approved easements are included in an appealable decision, and the lands are conveyed to the Native Corporation with the easements reserved to the U.S.

Despite the process, there is a lack of consistent guidance for determining the best routes for public access and other details like boat launch facilities and signage. Additionally, there is no consistent guidance for modifying or removing easements that are no longer needed or serving their purpose. This project aims to develop a Guidebook to provide a consistent approach for identifying, establishing, modifying, and removing Section 17(b) easements, usable by all FLMAs, Native Corporations, and other stakeholders.

Scope of Work

The primary tasks to develop the ANCSA Section 17(b) Guidebook are:

Data Collection and Analysis

• Collect and synthesize available data related to ANCSA 17(b) easements statewide.
• Research and identify relevant laws, regulations and policies governing ANCSA 17(b) easements as well as applicable agreements.

Stakeholder Outreach

• Conduct focus group discussions with partner FLMAs, Native Corporations, Alaska Native Regional Nonprofits, Alaska Native Villages, and other statewide entities that support Alaska Natives in understanding ANCSA Section 17(b) needs, challenges, and opportunities.

Guidebook Development

• Document the process for identifying, developing, revising, and removing ASCCA 17(b) easements.
• Develop a Draft Guidebook for review by FHWA and partner FLMAs.
• Develop a Final Guidebook for governmental and non-governmental audiences.

Schedule

Research and data collection for this Guidebook began in October 2024. The milestone schedule is shown below, with the final Guidebook anticipated to be completed by April 2026.

How to Engage

The Study’s anticipated timeline is 18-months (October 2024 through April 2026), with engagement of partner agencies and other applicable parties throughout. To stay up to date on the project and engagement, check this website often and reach out to the project manager, Cole Grisham.

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Project Documents

• Project Overview Flyer