2.4.2.3 Land Use Authorizations

GOALS:

Meet public needs for land use authorizations (such as rights-of-way, leases, and permits) while minimizing adverse impacts to other resource values.

Prevent, control, and eliminate unauthorized use (trespass) on BLM-managed lands.

DECISIONS:

Leases

Allow FLPMA leases throughout the planning area, except where prohibited by law or public land order.

All FLPMA leases would be at fair market value. Cabins or permanent structures used for private recreation may not be authorized. FLPMA lease proposals on selected lands must include a letter of non-objection from the selecting entity. Proposals for commercial use leases of cabins (such as guiding or trapping) would be considered.

R&PP leases would not be used for the purpose of authorizing sanitary landfills. Existing leases for sanitary landfill purposes should be converted to patents without a reverter clause. R&PP lease proposals on selected land must include a letter of non-objection from the selecting entity. R&PP leases and disposal would be considered on Zone 2 and 3 lands.

Permits

Permits are used to authorize short-term occupancy, use, or development of a site under Section 302 of FLPMA (43 CFR 2920) or under ANILCA. Land use permits would be considered throughout the planning area with the following limitations:

Cabin or permanent structure permits are not issued for private recreation uses.

Trapping shelters would be authorized by short-term (three years maximum) Section 302 permits renewable at the discretion of the BLM and generally “tied” to the applicant’s ability to show actual use for commercial or subsistence trapping purposes.

Authorization of structures within the Steese NCA, the White Mountains NRA, the Beaver Creek and Birch Creek WSR Corridors, and the Fortymile WSR Corridor would be issued in accordance with Sections 1303(b) and 1316 of ANILCA.

Permit authorizations on all other BLM-managed lands would be considered pursuant to Section 302 of FLPMA.

Military maneuver permits would be considered within the planning area except in Conservation System Units, the Steese NCA, and the White Mountains NRA (Public Law 100-586).

Permits for administrative use of BLM-managed lands by the State of Alaska would be considered throughout the planning area.

Unauthorized Use

Trespass cabins may become the property of the U.S. Government and be managed as administrative sites, emergency shelters or public use cabins (BLM 1989b). Possible management actions on trespass cabins include:

Authorization by lease or permit for legitimate uses, if consistent with goals and objectives for the area.

Relinquishment to the U.S. for management purposes.

Removal of the structure.

Rights-of-Way

Rights-of-way (ROWs) would be located near other rights-of-way or on already disturbed areas whenever practical and reasonable to do so.

Rights-of-way would be considered throughout the planning area. There are no rights-of-way exclusion areas in the planning area. Within conservation units and the White Mountains NRA, rights-of-way must be consistent with purposes for which the areas were designated. Notwithstanding any decision in this plan and in accordance with ANILCA Title XI, rights-of-way for Transportation or Utility Systems will be considered throughout the Conservation Systems Units, Steese NCA, and White Mountains NRA. Approval or disapproval of these rights-of-way will be consistent with the provisions of ANILCA Title XI. Rights-of-way authorizations on all other BLM-managed lands would be considered, and authorized under Title V of FLPMA in accordance with the regulations found in 43 CFR 2800.

Allow for additional communication site development on public land to support resource development and ancillary needs. Consider communication site rights-of-way throughout the planning area. Ensure coordination between existing and potential communication site users, and maximum utilization of existing sites (43 CFR 2800).

Authorizations for use of State- or Native-selected land

Native-selected: Prior to issuance of a use authorization, the views of the concerned Native region(s) or village(s) will be obtained and considered consistent with (43 CFR 2650.1). If the corporation objects to the proposal, the BLM may proceed with authorization only if the State Director determines that the proposal is deemed to be in the public’s best interest. Monies received for any use authorization on Native-selected lands would go into an escrow account.

State-selected: In accordance with Section 906(k) of ANILCA, BLM must receive a letter of concurrence prior to issuance of any use authorization on State selected lands. BLM may then incorporate State-recommended terms and condition of the use authorization, if in compliance with federal laws and regulations. If the State objects, BLM would not issue the use authorization.