Public Notice – Department of Transportation and Public Facilities – Federal Public Land Order 5150

Notice to all users of the Dalton Highway Right of Way and associated DOT&PF facilities

I. Name: James Dalton Highway and associated maintenance and transportation facilities

II. Reason for Notice: PLO 5150 Recission and Clarification of Management Authority

III. Authority: Alaska Statute 19.05.010

IV. Notice: Any request for use of the Dalton Highway right of way and/or DOT facilities within the corridor must be directed to DOT&PF

Background 

The mineral estate beneath the Dalton Highway right of way and associated facilities was proposed for closure to mineral entry by the Alaska Department of Natural Resources (https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=221828) in anticipation of the State’s acquisition of lands currently withdrawn from availability under the federal Public Land Order (PLO) 5150. DOT&PF already acquired from the federal government exclusive use easements for the Dalton Highway right of way and associated facilities, pursuant to AS 19.05.040(9), to which the federal government currently retains reversionary interests. Management authority over the Dalton Highway right of way and associated facilities is vested in DOT&PF through AS 19.05.010. Upon the State’s acquisition of lands currently withdrawn by PLO 5150, the State will also receive the reversionary interests in the Dalton Highway right of way and associated facilities. The State’s acquisition of the reversionary interests in the Dalton Highway right of way and associated facilities will have no effect on DOT&PF’s statutory obligation to manage and control the highway facilities.

Notice

Any member of the public that requires constructed access across the highway right of way, or placement of structures or utilities within the right of way, or similar permits must request authorizations from DOT&PF. Article VIII, Section 11 of the Alaska Constitution restricts the surface uses of land by a mineral claimant to those uses necessary for the extraction or basic processing of the mineral deposits. Any mineral claimant proposing to use DOT&PF’s right of way to develop mineral interests must receive a Federal Highway Administration authorization in addition to DOT&PF’s authorization and cannot impair the highway or interfere with the free and safe flow of traffic thereon (23 CFR 1.23(c)).