Alask

a

17(b) easement roadstrails allow public access to otherwise isolated acres of public land or major waterways

Can 17(b) easements be terminated Yes but only the BLM can terminate a 17(b) ease-ment using the following process When the BLM orthe easement manager determines that an easementis no longer necessary the BLM must provide public notice that the easement is proposed for terminationand request comments from the public After review-ing the comments and determining the easement isno longer required the BLM issues an appealabledecision terminating the easement The BLM termi-nates the public easement when the decision is final by issuing a release of interest

Some 17(b) road or trail easements have an adjacent site easement designated for changing modes of transportation Donrsquot block the road or trail easement to off-load an ATV or other equipment

General Legal Authorities amp Agreements Section 17(b) of the Alaska Native Claims Settlement Act (ANCSA) of December 18 1971 43 USC 1616(1b) (authority for reserving public easements)

Federal Land Management Policy Act of 1976 (FLPMA)

Section 903 (a) and (b) of the Alaska National Inter-est Lands Conservation Act (ANILCA) of December 2 1980 (adds guiding principles when reserving ease-ments and authorizes the acquisition of easements)

Code of Federal Regulations 43 CFR 26504-7 and26500-5 (public easements)

Code of Federal Regulations 43 CFR 4410 (who canappeal)

Departmental Manual 601 DM 4 (Department of theInterior guidance on administration of Section 17(b)easements)

Memorandum of Understanding (MOU) among theBLM NPS and FWS dated 121288 (governs whichagency will administer the process for administering and the termination of Section 17(b) easements)

MOU between the BLM and the USFS dated 9490(governs which agency will administer the process for administering and the termination of Section 17(b)easements)

There are hundreds of 17(b) easements all over the state The BLM FWS NPS and Native Corporations are striving to mark most of the popular ones with trailhead informa-tion and new markers Leave the markers where they are to help others navigate and avoid trespass

Cover Riding along a 17(b) easement near Glennallen

Where can I find information on 17(b) easements Federal Land Agencies

Bureau of Land Management wwwblmgovakAlaska State Office (907) 271-5960Anchorage District Office

Anchorage Field Offi ce (907) 267-1203Glennallen Field Offi ce (907) 822-3217

Fairbanks District Office (907) 474-2251

US Fish and Wildlife Service Anchorage Division of Realty (907) 786-3490and Natural Resources 1-888-697-9826

httpalaskafwsgovnwrrealtymapeasementshtm

National Park Service wwwnpsgovstateak Alaska Regional Offi ce (907) 644-3427

State of Alaska AgenciesDept of Fish and Game wwwadfgstateakusAnchorage Office (907) 267-2463

Dept of Natural Resources wwwdnrstateakus Anchorage Office (907) 269-8400Fairbanks Office (907) 451-2705

Native Regional Corporations Ahtna Inc Glennallen AK wwwahtna-inccom

(907) 822-3476Aleut Anchorage AK wwwaleutcorpcom

(907) 561-4300Arctic Slope Anchorage AK wwwasrccom

(907) 339-6000Bering Straits Nome AK wwwberingstraitscom

(907) 443-5252Bristol Bay Anchorage AK wwwbbnccom

(907) 278-3602Calista Anchorage AK wwwcalistacorpcom

(907) 279-5516Chugach Alaska Anchorage AK wwwchugach-akcom

(907) 563-8866Cook Inlet (CIRI) Anchorage AK wwwciricom

(907) 274-8638Doyon Limited Fairbanks AK wwwdoyoncom

(907) 459-2000Koniag Kodiak AK wwwkoniagcom

(907) 486-2530NANA Kotzebue AK wwwnanacom

(907) 442-3301Sealaska Juneau AK wwwsealaskacom

(907) 586-1512

BLM

Access to your public lands

ANCSA 17(b)

Easements

Alaska

New markers helpthe public identify17(b) easements

What are 17(b) easements 17(b) easements1 are rightsreserved to the United States They take the form of 60-footwide roads 25- and 50-foot trailsand one-acre sites for short-term uses These rights are reserved2 when the BLM conveys land toa Native corporation under theAlaska Native Claims Settlement Act (ANCSA) There are no 17(b) easements across public lands Native Corporation refers to all corporationsestablished by ANCSA

What is the purpose of 17(b) easements Most 17(b) easements arereserved to allow the public tocross private property to reachpublic lands3 and major water-ways Using 17(b) easementsdoes not allow the public to use the private lands these easements cross It is very similar to the street in front of many homes The public has the right to travel on the street but they do not have the right to dump litter on private property or trespass on private lawns Notes 1 17(b) easements may also be reserved toand from communities airports docks marinecoastline groups of private holdings suffi cient in number to constitute public use and govern-ment facilities See 43 Code of Federal Regula-tion (CFR) 26504-7 for a complete listing of thetypes of public easements 2 The authorities for reserving 17(b) easementsare the Alaska Native Claims Settlement Act 43 USC 1616(b) and 43 Code of FederalRegulation (CFR) 26504-7 3 Publicly owned land means all Federal Stateor municipal and borough lands or interests andsubmerged lands as defi ned by the Submerged Lands Act This definition of public lands also includes lands selected by but not conveyed to a Native corporation

How are 17(b) easements identified and reserved The identifi cation process begins when a Native corporation prioritizes selected lands for conveyanceThe BLM reviews the lands for public easement needsand requests comments from the Native corpora-tions other federal agencies the State of Alaska and interested parties The information is analyzed using the 17(b) easement criteria and the results aredocumented The BLM includes the approved 17(b) easements in an appealable decision and the landsare later conveyed to the Native corporation with theeasements reserved to the United States

How can I tell the difference between private land and public land and how do I know where 17(b) easements are found Prior to heading out to public lands visit your nearestBLM public room or local land information offi ce to determine who owns the land you intend to cross toreach your destination Master title plats show landownership but they donrsquot show 17(b) easementsLands that have been conveyed to a Native corpora-tion are privately owned by that corporation but publiclands that have been selected by the corporation andnot yet conveyed are still public lands and may beused by the public

The 17(b) easement allows the public to cross con-veyed lands but the route reserved in the conveyancedocument and the uses allowed on that easement must be followed The public room will assist you with

By staying on the easement you avoid not only trespassing but harming fragile vegetation that takes years to regrow

Common Allowable Uses 25-Foot Trailmdash The uses allowed on a 25-foot-wide trail easement are travel by footdogsleds animals snowmobiles two- andthree-wheeled off-highway vehicles and smallall-terrain vehicles (less than 3000 lbs grossvehicle weight)

50-Foot Trailmdash 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 3000 lbs gross vehicle weight)tracked vehicles and four-wheel-drivevehicles

60-Foot Roadmdash The uses allowed on a 60-foot-wide road easement are those allowed for 25- and 50-foot trails plus automobiles andtrucks

1-Acre Sitemdash The uses allowed on a siteeasement are vehicle parking (such as air-craft boats all-terrain vehicles snowmobilescars and trucks) temporary camping andloading or unloading Temporary camping andloading or unloading is limited to 24 hours

looking up the title documents which will show youthe easements reserved The documents convey-ing the land to the Native corporation will identify the17(b) easements which are shown on easementmaps but the easement maps do not depict landownership

What can I do on a 17(b) easement The uses allowed on a 17(b) easement are limitedand they are described in the conveyance documentissued to a Native corporation Common allowableuses for most 17(b) easements are described aboveAny use other than what is described in the convey-ance document is not authorized Please check with the agency managing the easement or the owner ofthe land it crosses if authorized uses are not postedat the trailhead or site easement

An example of authorized use is motorized vehicleson 25-foot-wide trails are generally limited to snow-mobiles two- and three-wheeled vehicles and all-ter-rain vehicles having less than 3000 lbs gross weightLarger vehicles are not authorized on a 25-foot publiceasement even if the physical condition of the trailwould support the use An easement may also be limited to seasonal use The land owner is not bound by these restrictions

Can I hunt fish or trap on or from a 17(b) easement No Hunting fishing or trapping on or from the ease- ment are never allowed unless you obtain a permitfrom the landowner for this purpose

Be sure to stay on the 17(b) easement trail and be aware of signage Lands crossed by the easement are private property Hunt-ing fi shing trapping or trespassing without the landownerrsquos permission for any purpose is prohibited Camping is allowed only on identifi ed site easements

Respect private propertyby staying on the trail or site easement

BLMGI-08001+2920+931