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:

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. 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 solid waste disposal sites (sanitary landfills) or for any other purpose that the Authorized Officer determines may include the disposal, placement, or release of any hazardous substance (such as wastewater treatment facility, shooting range, firefighter training facility). Existing leases for solid waste disposal sites or other uses which the Authorized Officer determines may include the disposal, placement, or release of any hazardous substance should be converted to patents without a reversionary 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 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:

Unauthorized use and/or unauthorized occupancy of the public lands (Trespass) will be addressed and resolved in accordance with the regulations found in 43 CFR 9220.1-2 and the guidance provided by BLM’s Realty Trespass Abatement Handbook H-9232-1.

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:

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. Rights-of-way located within the Steese National Conservation Area, wild and scenic rivers, and the White Mountains NRA 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 National Conservation Area, and White Mountains NRA. Approval or disapproval of these rights-of-way will be consistent with the provisions of ANILCA Title XI and regulations found at 43 CFR 36. 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 2808.

Provide access to non-federally owned lands, including ACECs, adequate to secure the owner the reasonable use and enjoyment of such lands as required by section 1323(b) of ANILCA. Access across ACEC lands is not precluded by ACEC designation. Proposals for access across ACEC lands to private lands would be considered and evaluated on the basis of environmental impacts.

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).

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.