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Notice of Decision: Release of State Interest, State Selection File: GS-6117 Alaska Native Veteran Dingell Act Allotment Application AA-96319

NOTICE OF ACTION RELEASE OF STATE INTEREST
State Selection File GS-6117
Partial Relinquishment of State Land Selection
AS 38.05.035(a)(11), AS 38.05.035(e), ANILCA Sec. 906(f)(2), ALTAA Sec. 404(a)(4)(B)
I. Action
Proposed relinquishment of State’s surface estate selection while retaining the State’s
subsurface selection on all minerals excluding sand and gravel in favor of Dingell Act allotment
application AA-96319.
II. Authority
The 2019 John D. Dingell, Jr. Conservation, Management, and Recreation Act (Dingell Act) (Pub.
L. 116-9) provides that eligible Alaska Native Vietnam Veterans may request conveyance of
Statehood Act land selections and that the State of Alaska (State) may voluntarily relinquish
either fee title or surface estate interests to facilitate conveyance of the lands to the Native
Veteran.
Lands were selected by the State under Sec. 6(b) of the Alaska Statehood Act (Pub. L. 85-508).
The ability to relinquish Statehood Act selections was codified in Sec. 906(f)(2) of the Alaska
National Interest Land Conservation Act (ANILCA) (Pub. L. 96-487). Sec. 404(a)(4)(B) of the
Alaska Land Transfer Acceleration Act (ALTAA) (Pub. L. 108-452) provides that the State shall
relinquish selections in excess of 125% of its remaining entitlement. The provisions of Alaska
Statute (AS) 38.05.035(a)(11) allow the Director of the Division of Mining, Land and Water
(DMLW) to manage Statehood Entitlement selections.
AS 38.05.035(e) provides authority for disposals of lands, resources, property, or interests in
them. Article XIII of the Alaska Constitution provides guiding principles for maximum use of
state lands and resources and authority for disposals of interests in lands and resources.
III. Background
The Dingell Act allows eligible Alaska Native Vietnam Veterans (applicants) to select up to 160
acres of land as an allotment. Available lands are those managed by the Bureau of Land
Management (BLM), excluding lands withdrawn by Public Land Orders (PLOs), the Trans-Alaska
Pipeline (TAPS) corridor, military withdrawals, Conservation System Units (CSU’s) including the
National Forests, and the National Petroleum Reserve-Alaska (NPR-A). Lands selected by the
State or Alaska Native Claim Settlement Act (ANCSA) Corporations are classified as available
regardless of priority status.
The State and ANCSA Corporations have the option to relinquish or deny relinquishment of
selections for any reason within 60 days of receiving BLM’s request.
IV. Administrative Record
The selection file for State Selection GS-6117 constitutes the administrative record for this
action.
V. Location
The allotment selection is located within DNR's Northern Region, within Section 13, Township
20 North, Range 15 East, Copper River Meridian.
USGS Map Coverage: Tanacross B-4
Platting Authority: Unorganized Borough
Regional Corporation: Doyon Ltd.
Federally Recognized Tribe: Native Village of Tetlin
Village Corporation: Tetlin Native Corp.
Please see Attachment A for a visual depiction.
VI. Legal Description
The allotment lands include approximately 160 acres approximately 1 mile to the west of mile
post 18 of the Taylor Highway, Section 13, Township 20 North, Range 15 East, Copper River
Meridian, Alaska.
VII. Selection History
• 3/9/1972 PLO 5173 Withdraws entire Township for ANCSA Village and Regional Corp.
selection
• 3/9/1972 PLO 5184 Withdrawal entire Township for ANCSA selection and BLM
classification
• 12/2/1980 PL 96-487 Sec. 1422(a)(1) affects Sec. 2-11, 13-17, 21-28, 32-36
• 12/31/1992 State General Grant selection GS-6117 (FF-88894) application submitted for
all sections in the township. The selection is also a blanket top-filing
o Publication Directed dated 4/15/1993
o Publication Modified in Part dated 6/15/1993
o Proof of Publication dated 8/2/1993
o BLM Decision, state’s filing of no effect due to conflict with Native Corp.
selection in township
• 7/10/2019 PLO 5184 Partially revoked on lands without ANCSA selections making State’s
top-filing a valid selection
VIII. DMLW and Agency Review
Information and comments received from multiple sections within DMLW prior to and during
agency review have been considered and included in the preparation of this proposed decision.
The proposed relinquishment documents were distributed to State agencies for review from
May 15, 2025, through June 16, 2025. The intent of an agency review is to request comments
from agencies that may be affected by the selection relinquishment. Agencies are given the
opportunity to evaluate and comment on the relinquishment to determine if it is in the State’s
best interest to release the land selection and, if so, provide supporting reasons.
The following agencies or groups were included in the agency review:
• DNR Division of Oil & Gas (DOG):

o DNR DMLW Realty response: Thank you for your comment.
• DNR Division of Geological and Geophysical Surveys (DGGS): Please see DGGS’
comments on this agency request.


o DNR DMLW Realty response: Thank you for your comment.
• Resource Assessment and Development Section (RADS): Thank you for the opportunity
to review the Dingell Act native allotment applications and the voluntary relinquishment
of the surface estate for these lands. RADS conducted a review of the pertinent lands
and has no comments or concerns.
o DNR DMLW Realty response: Thank you for your comment.
• DMLW Public Access, Assertion, and Defense Section (PAAD): This area is accessed by
§17(b) easement 3 D9, L. The trail enters the township at the boundary of Section 13.
There are multiple trails within Sections 13, 14 and 15, with most coming off the §17(b)
easement or coming off of the Taylor Highway in other locations to the south. Due to
the heavy use for hunting purposes and the lack of ability to place easements across
Alaska Native Vietnam-era Veterans Land Allotment Program relinquishments, it is not
recommended that the state relinquish these lands as the trails feed further out into the
Dennison Fork Drainage.
o DNR DMLW Realty response: Responded with additional information regarding
trail location and allotment boundaries
• PAAD Section second comment: Lacy and I went through it with better lines and it
appears to be ok. Please disregard the previous comment.
o DNR DMLW Realty response: Thank you for your comment.
• Department of Transportation, Statewide Right-of-Way (DOT): Ray, thank you for the
opportunity to review the proposal. The Alaska Department of Transportation & Public
Facilities has no comment at this time.
o DNR DMLW Realty response: Thank you for your comment.
• Division of Forestry and Fire Protection (DOF): Tok Area Forestry has no objections or
concerns over the selected area.
o DNR DMLW Realty response: Thank you for your comment.
The following agencies or groups were included in the agency review, but no comment was
received:
• Department of Fish and Game
• Department of Agriculture
• DMLW Land Conveyance Section
• DMLW Mineral Property Management
• DMLW Northern Regional Land Office
IX. Public Comment
Public notice of the proposed relinquishment was conducted from May 15, 2025, to June 17,
2025. The notice was posted to the State of Alaska Online Public Notice System. Copies of the
notice were sent to:
• BLM
• State of Alaska Board of Game
• Doyon, Limited
• Upper Tanana Health Center
• United Crow Band, Incorporated
• Tok Community Umbrella Corporation
• Tok Post Office
• Tok Community Library
• Local Businesses
• Tok Newspaper
• Neighbors/property owners within approximately 10 miles
Public comments and DNR responses are provided here. Comments will be addressed
individually or summarized by issue.
• No public comments were received.
X. Discussion and Alternatives
The State is supportive of Dingell Act allottees and has a policy of working towards relinquishing
state selections while considering the State’s best interests. The state is currently over-selected,
meaning there is a requirement to relinquish selections in excess of 125% of its remaining
entitlement. The State does not have the option to select any new entitlement lands and must
ensure entitlement lands provide the maximum benefit to future generations of Alaskans. To
reduce over-selection, the State will consider relinquishing lower-priority state entitlement
lands. Any relinquishment decision DNR makes must balance these interests: providing
opportunities for Dingell Act allottees to acquire lands without undue harm to the interests of
Alaskans.
The parcel is not crossed by any accepted and codified Revised Statute (RS) Trails. There are no
trails permitted by the BLM, State, or unauthorized trails crossing the allotment. There is a
publicly used trail near the northwest corner and western boundary of the allotment; this trail
has not been permitted or recognized by the BLM. There are no public or navigable waters
within or adjacent to the allotment.
AS 38.05.127 requires that before the disposal of an interest in state land, the Department
determine if waterbodies within or adjacent to the proposed area for disposal are navigable or
public water; and if they are to reserve access easements. However, statehood entitlement
selections do not provide the State with management authority or title in land, but rather a
valid prior existing right requiring BLM to convey to the state the selection when certain
conditions are met. Given this, the state is unable to reserve access easements for
relinquishments of entitlement selections.
Additionally, pursuant to 11 AAC 51.045(a)(2), the department finds that reserving an access
easement is not necessary to ensure free access to navigable or public water. A statehood
entitlement selection does not provide the public with rights of access different from the
general right of the public to access navigable or public water bordered by non-State land: that
is, the right to use and have access to water below the ordinary high water mark for
recreational or other public purposes for which the water is used or capable of being used
consistent with the public trust. Because access to navigable or public water will remain the
same after the relinquishment of the entitlement selection as before, it is not necessary to
reserve an access easement.
The subject lands are priority four entitlement lands due to lower mineral estate potential and
access issues. The surrounding land ownership pattern is a mix of State, Native Corp. lands, and
public lands managed by the BLM. The allotment is accessible via an unnamed and unregistered
trail network running west from the Taylor Highway. The first few miles of the trail cross
privately held Native Corp. lands. However, there is an Alaska Native Claims Settlement Act
(ANCSA) Sec. 17(b) easement (3, D9, L) to ensure public access.
The State relinquishing the surface estate of the parcel to facilitate conveyance to the applicant
is keeping in character with the surrounding mixed private and public land ownership pattern.
Agency review and public notice failed to indicate any concerns with relinquishing the lands in
favor of the applicant or provide any strong support for retention of the State’s selection.
Relinquishment also supports 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.
The State considered the following alternatives in adjudicating the request for relinquishment:
Alternative 1: Relinquish the State’s land selection (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.
This decision considers all of the public and agency review comments received. The State has
previously determined that the surface estate is a lower priority in entitlement selections, and
that the potential benefit of the land to the State, currently and in the future, may be minimal.
Agency review and public notice failed to indicate any concerns with relinquishing the land in
favor of the applicant or provide any strong support for retention of the State’s selection.
Relinquishment supports the success of the Dingell Act allotment program and is in the State’s
best interest.
XI. Decision
After considering the facts and public input described above, the Department finds it is in the
best interest of the state to choose Alternative 3 and to relinquish the States’ surface estate
selection of the previously described lands while maintaining the States’ subsurface selection of
all minerals excluding sand and gravel in favor of Dingell Act allotment application AA-96319.
Recommended by:
___________________________________ ______________________________
Meiglan Ray Date of Signature
Natural Resource Specialist 1
Realty Services Section
Division of Mining, Land and Water
Department of Natural Resources
Approved by:
___________________________________ ______________________________
Lacy Hamner Date of Signature
Natural Resource Manager 2
Realty Services Section
Division of Mining, Land and Water
Department of Natural Resources
Approved by:
___________________________________ ______________________________
Commissioner Boyle Date of Signature
Department of Natural Resources
Reconsideration
An eligible person affected by this decision, and who provided timely written comment or
public hearing testimony to the department, may request reconsideration to the DNR
Commissioner per AS 44.37.011 and 11 AAC 02. Any request for reconsideration must be
received by the Commissioner’s Office within twenty (20) calendar days after issuance of the
decision under 11 AAC 02.040. The Commissioner may order or deny a request for
reconsideration within thirty (30) calendar days after issuance of the decision. If the
Commissioner takes no action on a request for reconsideration within thirty (30) days after
issuance of the decision, the request for reconsideration is considered denied. The
Commissioner’s decision on reconsideration, other than a remand decision, is a final
administrative order and decision of the department. An eligible person must first request
reconsideration to the Commissioner before seeking relief in superior court. The Alaska Court
System establishes its own rules for timely appealing final administrative orders and decisions
of the department.
Reconsideration/appeal may be mailed or hand-delivered to the DNR Commissioner’s Office,
550 W. 7th Avenue, Suite 1400, Anchorage, Alaska, 99501; or faxed to (907)-269-8918 or sent
by electronic mail to dnr.appeals@alaska.gov. Reconsideration must be accompanied by the fee
established in 11 AAC 05.160(d)(1)(F), which has been set at $200 under the provisions of 11
AAC 05.160(a)-(b). A copy of 11 AAC 02 is available on the department’s website at
https://dnr.alaska.gov/mlw/pdf/DNR-11-AAC-02.pdf.

Attachments, History, Details

Revision History

Created 8/27/2025 9:16:00 AM by mvray

Details

Department: Natural Resources
Category: Public Notices
Sub-Category:
Location(s): Statewide
Project/Regulation #:
 
Publish Date: 8/27/2025
Archive Date: 9/25/2025
 
Events/Deadlines: