DNR DMLW RADS Section: Thank you for the opportunity to review and comment on the proposed Dingell Allotment application (AA-97996). The Resource Assessment & Development Section (RADS) has reviewed the available geospatial data, land records, satellite imagery, and the applicable regional land use plan – the 1988 Kuskokwim Area Plan (KUAP) – and provides the following comments. Background: Robert Dean Lekander, represented by Donna R. Carpenter, has applied for a Dingell Allotment (AA-97996). The parcel contains approximately 160 acres and is located on state-selected lands south of the Kuskokwim River (Section 25 of Township 17 North, Range 53 West, Seward Meridian).
The proposed allotment site is in unit 17-E in KUAP, which is designated as Public Recreation, Wildlife habitat, and Forestry, which converts to the classification of Public Recreation Land, Wildlife Habitat Land, and Forestry Land, respectively. There are known peregrine falcon nests, bear and moose concentrations, pockets of high value timber along the river, anadromous waters, and agricultural potential in this unit. This is one of the few state-selected sites on the Kuskokwim River in the southern half of the planning area. Kolmakof Lake also provides fly-in access to the subunit. The proposed allotment site is the only direct access point via the Kuskokwim River for many river miles to thousands of acres of state-owned lands south of the river. If this parcel were to be relinquished, it would cut off direct river access to the many of the state lands south of the river.
The management intent for this unit is to protect the fish, wildlife, and scenic resources that are the basis for sport, commercial, and subsistence activities; to allow for continued use of these resources and other public recreation activities; and to minimize conflicts between potential uses. If conveyed to the state, this unit will be kept in state ownership and managed for multiple uses, including fish and wildlife habitat and harvest, public recreation, and where timber is available, forestry. Prohibited surface uses are land disposal and remote cabins.
Recommendation: Based on the above area plan guidance, RADS opposes the relinquishment of the state selected land for Native Allotment AA-97996. Thank you for the opportunity to review.
- DMLW Realty response: Thank you for your comment. There is a 17(b) easement about 12 river miles downstream that allows access through about one mile of ANCSA lands to public lands to the south but does not allow recreation. RSS is cognizant of this being the only parcel of State-Selected land on the south side of the river for many miles, as well as this being a primary access route for the unit 17-E in KUAP.
The following agencies or groups were included in the agency review, but no comment was received:
- Department of Agriculture
- DNR DMLW Statewide Abatement of Impaired Land (SAIL) Section
- DNR DMLW Water Section
- DNR DMLW Mining Section
- DNR DMLW Southcentral Regional Land Office
- Public Comment
Public notice of the proposed relinquishment was conducted from Sep. 24, 2024, through Oct. 25, 2024. The notice was posted to the State of Alaska Online Public Notice System. Copies of the notice were sent to the applicant, the Aniak, Sleetmute, Red Devil, and Chathbaluk Post Offices, the Kuskokwim Corp, Kuskokwim Native Association, Association of Village Council Presidents, Inc, Chuathbaluk Traditional Council, Native Village of Napaimute, Crooked Creek Traditional Council, Sleetmute Traditional Council, Calista Land Department, Bureau of Land Management (BLM), Alaska Department of Natural Resources Commissioners Office, Alaska State legislature, and adjacent landowners.
No public comments were received during the public comment period.
- Discussion and Alternatives
The State is supportive of the federal Dingell Act Native Veteran allotment program and will relinquish selections when it is in the State’s best interests. In addition, the State’s land selections are currently over-selected, under federal law the State is required to relinquish selections in excess of 125% of the remaining entitlement. To reduce over-selection, the State will consider relinquishing surface estate interests in lower-priority state entitlement lands to facilitate conveyance to Dingell Act applicants.
There is very little State-owned land on the south side of the Kuskokwim River with direct river access. The closest river accessible State lands upstream from the proposed parcel are 24 river miles away. The closest river accessible State lands downstream from the parcel are 28 river miles away and that is a land locked parcel at Aniak with an airstrip and 17(b) easement. The nearest 17(b) easement from the Kuskokwim River to public lands is 12 river miles downstream.
The Kuskokwim River passes through Sections 5, 6, 8, 9, 10, 13, 14, 15, 16, 24, and 25 in the township. Most of the land adjacent to the Kuskokwim River are private ANCSA lands or are native allotments, with section 25 as the only section of public land on the south side of the river. The remaining lands in this township are managed by the BLM and are State Selected. The village of Crooked Creek is approximately 32 air miles to the northeast and the village of Chuathbaluk is approximately 15 air miles to the west.
The allotment selection contains the only unrestricted river access to public lands on the south side of the river in a 50-mile section. The State relinquishing the surface estate of the parcel to facilitate conveyance to the applicant would likely have a significant adverse impact on public access to lands south of the Kuskokwim River. There are ANCSA Sec. 17(b) easements across Native Corporation lands within 12-15 river miles of the proposed allotment, however, those easements have restrictions on use and allowable activities. The restrictions would likely adversely affect the State’s full use and development of its significant land holdings south of the Kuskokwim River.
Relinquishment would support the success of the Dingell Act Allotment program and provides an opportunity for a Native Vietnam War veteran to obtain an allotment that was denied due to circumstances related to military service. State relinquishment of selected lands is voluntary under the Dingell program. Whenever an allotment relinquishment is denied, DNR DMLW Realty Services Section is willing to meet with applicants and assist them in selecting a more appropriate parcel.
The State considered the following alternatives in adjudicating the request for relinquishment:
Alternative 1: Relinquish the State’s land selection in full (both surface and subsurface).
Alternative 2: Maintain State land selection.
Alternative 3: Relinquish the State’s surface estate selection and maintain the State’s subsurface selection on all minerals excluding sand and gravel.
- Decision