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Notice of Decision: Release of State Interest, State Selection File: GS-5393 Alaska Native Veteran Dingell Act Allotment Application AA-96278

NOTICE OF ACTION
RELEASE OF STATE INTEREST
State Selection File GS-5393
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-96278.
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 Available lands are those managed by the Bureau of Land Management (BLM), excluding lands withdrawn by Public Land Orders (PLOs), the Trans-Alaska Pipeline (TAPS) corridor,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-5393 constitutes the administrative record for this action.
V.Location
The allotment selection is located within DNR's Southcentral Region, within Sections 19 and 30,Township 19 South, Range 8 West, Fairbanks Meridian, Alaska.
USGS Map Coverage: Healy B-4
Platting Authority: Matanuska-Susitna Borough
Regional Corporation: Ahtna Incorporated
Federally Recognized Tribe: Native Village of Cantwell
Village Corporation: Native Village of Cantwell
Please see Attachment A for a visual depiction.
VI.Legal Description
Those lands, containing approximately 160 acres, located near Cantwell, Sections 19 and 30, Township19 South, Range 8 West, Fairbanks Meridian, Alaska.
VII.Selection History
•Oct. 13, 1992, State General Grant Selection Application Submitted AA-075978
o12/30/1992 BLM Receipt for Application
o06/30/1993 Publication Directed
o11/19/1993 Affidavit of Publication Received
o12/20/1993 Topfiled
o06/24/1994 BLM Decision – State’s Filing of No Effect as to sections 9 and 19-36. LandsFound Proper for Selection, Secs. 1-3 and 10-16. Available lands approved for FutureConveyance.
o08/24/1994 Tentative Approval of Secs. 1-3 and 10-16
•The lands are currently selected under GS-5393 and are ranked as a priority 2 for acquisition.
VIII.DMLW and Agency Review
Information and comments received from multiple sections within DMLW prior to and during agencyreview have been considered and included in the preparation of this proposed decision. The proposedrelinquishment documents were distributed to State agencies for review from June 6, 2025, throughJuly 11, 2025. The intent of an agency review is to request comments from agencies that may beaffected 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): Thank you for the opportunity to review the Dingell ActNative Allotment relinquishment. Oil and Gas does not have any objection to the proposedrelinquishment of the surface estate in F019S008W near Cantwell.
oDNR DMLW Realty response: Thank you for your comment.
•Resource Assessment & Development (RADS):

oDNR DMLW Realty response: Thank you for your comment.
•DNR Division of Geological and Geophysical Surveys (DGGS): The DGGS review of this relinquishment is attached in the Dingell Allotment Review 5393_DGGS document. The yellow highlight is for cross-checking references and can be safely removed from the document.


oDNR DMLW Realty response: Thank you for your comment.
•DMLW Public Access, Assertion, and Defense Section (PAAD): This one appears to haveworked with RSS to select these lands. There are no obvious trails within the selected landswhile outside the selection there are several large trails. There are also no known RS 2477 ROW
within or near the parcel. The state holds no title interest in the small waters within the proposed allotment per AS 38.04.062.
oDNR DMLW Realty response: Thank you for your comment.
•Department of Transportation, Statewide Right-of-Way (DOT): Thank you for the opportunityto review the proposal. The Alaska Department of Transportation & Public Facilities has nocomment at this time.
oDNR 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 Forestry
•DNR Land Sales Section
•DMLW Southcentral Regional Land Office
IX.Public Comment
Public notice of the proposed relinquishment was conducted from June 6, 2025, through July 11, 2025.The notice was posted to the State of Alaska Online Public Notice System. Copies of the notice weresent to
•BLM
•State of Alaska Board of Game
•Ahtna, Inc.
•Native Village of Cantwell
•Copper River Native Association
•Cantwell Post Office
•Cantwell Community Library
•Cantwell Businesses
•Neighbors/property owners within approximately 10 miles
Public comments and DNR responses are provided here. Comments will be addressed individually or summarized by issue.
•Brenda Cox: I am for relinquishment of the State entitlement land in the AA-96278application. In cases like this the person was in the military and unable to participate in theoriginal land allotment.
oDNR DMLW Realty response: Thank you for your comment.
•David Hayden: I received a notice requesting input on the proposed relinquishment of stateentitlement lands for AA-96278. I own property nearby in the vicinity in the Broad Passarea. It looks like there is a four wheeler path on the northwest side. I support this as longas it is for a recreational cabin, house or subsistence purposes and public access is notimpeded on this four wheeler path or trail.
oDNR DMLW Realty response: Our specialists worked with the allottee to ensure thenorthern boundary of the property does not interfere with the pre-existing multiusetrail.
•Joseph Baldwin:

oDNR DMLW Realty response: Thank you for your comment.
X.Discussion and Alternatives
The State is supportive of Dingell Act allottees and has a policy of working towards relinquishing stateselections while considering the State’s best interests. The state is currently over-selected, meaningthere 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. The Middle Fork Chulitna Trail parallels the northern side of the allotment but remains outside the allotment boundary. 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 two entitlement lands due to moderate mineral estate potential and proximity to existing infrastructure. The surrounding land ownership pattern is a mix of State, Native Corp. lands, private lands, with Denali National Park on the west side of the valley. The lands are accessible via the Chulitna Trail network, which is a multi-season and use trail network running east from the Parks 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 (named 3a, C5, L)overlapping the trail 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.
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. After considering the facts and input described above, the Department finds it is in the best interest of the State to choose Alternative 3 and relinquish the States surface estate selection of the above-described state selection and maintain the State’s subsurface selection on all minerals excluding sand and gravel in favor of Dingell act allotment application AA- 96278.
XI.Decision
After considering the facts and public input described above, the Department finds it is in the bestinterest of the state to choose Alternative 3 and to relinquish the above described state selection whilemaintaining the subsurface selection to facilitate Dingell act allotment application AA-96278.
Recommended by:
___________________________________
Meiglan Ray
Natural Resource Specialist 1
Realty Services Section
Division of Mining, Land and Water
Department of Natural Resources
Approved by:
______________________________
Date of Signature
___________________________________ Lacy Hamner Natural Resource Manager 2 Realty Services Section Division of Mining, Land and Water Department of Natural Resources Approved by: ___________________________________ Commissioner Boyle Department of Natural Resources Release of State Interest, GS-5393, Dingell AA-9627 August 18, 2025
8/18/2025
______________________________
Date of Signature
8/18/2025
______________________________
Date of Signature
8.26.2025
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 10:02:42 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: