NOTICE OF DECISION
RELINQUISHMENT OF STATE INTEREST
State Selection File GS-5446
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-97692.
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(BLM), excluding lands withdrawn by Public Land Orders (PLOs), the Trans-Alaska Pipeline (TAPS)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-5446 constitutes the administrative record for this
action.
V. Location
The allotment selection is located within DNR's Southeast Region, within Section 33, Township 27
South, Range 58 East, Copper River Meridian.
Platting Authority: Haines Borough
Regional Corporation: Sealaska Corporation
Federally Recognized Tribe: Central Council of the Tlingit and Haida Indian Tribes of Alaska,
Skagway Village, Chilkoot Indian Association, and Chilkat Indian Village.
Please see Attachment A for a visual depiction.
VI. Legal Description
Approximately 160 acres along the eastern bank of the Ferebee Glacier subglacial lake within
Section 33, Township 27 South, Range 58 East, Copper River Meridian.
VII. Selection History for Lands Within Project Area
• December 31, 1992, General Grant Selection Application Filed AKAA 076056, serialized with the
state as General Selection File (GS) 5446.
• 03/10/1993 ANILCA 906(K) Concurrence ADL 105873 (Closed – December 03, 2019).
• 01/04/1999 ANILCA 906(K) Concurrence ADL 106548 (Application Complete -- January 02,
2003).
• March 10, 2005, Permit for Teton Gravity Research Sec 302 FLPMA AKAA 085776 case was merged with AKAA 083537. Both casefiles have since been closed.
• January 21, 2021, Permit Recreation Use for Temsco Helicopters AKAA 095924.
• August 15, 2022, Public Land Order 7912 revokes withdrawal under AKAA 061005 (an ANCSA Section17(d)(1) withdrawal) for the project area to open the area to Dingell Act allotment selections.
• August 2, 2023, AK Native Veteran Allotment AKAA 97348 – Dalton Alonzo Jr.
o The applicant voluntarily chose a new parcel in a different township in 2025.
• November 21, 2024, Public Land Order 5186 (WDL CL & Public Interest) affects township.
• July 14, 2025, AK Native Veteran Allotment AKAA 97692 – Allen Lee Hammock.
• July 24, 2025, AK Native Veteran Allotment AKAA 97856 – Hunter James Evans.
o The application is on hold until probate documents are submitted.
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 January 7, 2026,
through February 6, 2026. 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: Alaska Association of
Conservation Districts (AACD); Alaska Department of Fish and Game, Access and Defense Program
(ADF&G); Department of Transportation and Public Facilities, Statewide Right-of-Way (DOT&PF);
Alaska Mental Health Trust Land Office; University of Alaska Land Management Office; Department of
Natural Resources, Division of Oil & Gas (DOG), Office of History and Archaeology (OHA), Division
of Geological and Geophysical Surveys (DGGS), Division of Parks and Recreation (DPOR), Division of
Forestry & Fire Protection (Haines State Forest); and Division of Mining, Land and Water Land
Conveyance Section (LCS), Mineral Property Management (OMPM), Public Access, Assertion and Defense
Section (PAAD), Resource Assessment & Development Section (RADS), and Southeast Regional Land
Office (SERO).
Agency Review Comments and Response
DNR, DMLW Southeast Regional Land Office (SERO): SERO has no objection to the proposed
relinquishment. I will just note that the proposed area is adjacent to three land use permits
issued for heliskiing and other commercial recreation operations in the Haines area: LAS 28996, LAS 34228, LAS 32599.
DMLW Response: Thank you for the comment and provided information. The aforementioned permits do not correspond with issued BLM recreation permits so there is currently no overlap with these commercial recreation companies in the requested area.
DNR, DMLW Resource Assessment & Development Section: Thank you for the opportunity to review and comment on statehood entitlement relinquishment request for a Dingell Act Native Allotment (AA-97692, GS-5446) off the Ferebee River, northwest of Skagway, AK.
After reviewing the available data, satellite imagery, and the applicable land use plans, which
includes the 2002 Northern Southeast Area Plan (NSEAP), the Resource Assessment & Development Section (RADS) has provided comments regarding the proposed relinquishment. During the adjudication process, please include and consider the following requirements and management guidelines provided.
Background & Discussion: The Bureau of Land Management (BLM) requested relinquishment of a priority four state selection for a Dingell Act Native Veteran Allotment. The request is for 160 acres with Section 33, Township 27 South, Range 58 East, of the Copper River Meridian. The state will retain oil, gas and mineral estate. Sand and gravel will be conveyed to the applicant.
State land selection GS-5446 is located within the Northern Region, Haines Area, management unit H03 of NSEAP. The management unit is designated as General Use and is classified as Resource Management Land. The Resource Allocation Table (RAT) states that if the land was conveyed to the state, it should be managed for multiple uses, particularly dispersed recreation. At the time of planning (2002), the priority of selection should be increased due to the high mineral potential (3-78). There are many wildlife activities and movements within the area summarized in the RAT.
Recommendation: Based on RADS review and taking the above area plan into account, the proposed state relinquishment is a viable application that is not in conflict with the management designations and requirements outlined in the area plan. Thank you for the opportunity to review.
DMLW Response: Thank you for the comment and provided information.
DNR, Office of History and Archaeology: The Office of History and Archaeology (OHA) has reviewed the project titled Agency Review Dingell Allotment Relinquishment GS-5446, AA-97692 (received January 7, 2026) for conflicts with cultural resources pursuant to Section 41.35.070 of the Alaska Historic Preservation Act. Following our review, we agree that it is unlikely that significant cultural resource sites would be affected by the proposed undertaking pursuant to AS 41.35.070 and that a finding of No Historic Properties Affected is appropriate for this project.
This email serves as our office’s official correspondence for the purposes of Alaska Historic
Preservation Act compliance. Please note that our office may need to re-evaluate our concurrence if changes are made to the project’s scope or design. Please note that only a very small portion of the state has been surveyed for cultural resources; therefore, the possibility remains that previously unidentified resources may be located within the APE, especially for undertakings requiring significant ground disturbance.
Should inadvertent discoveries of cultural resources occur during the project, our office should be notified so that we may evaluate whether the resources should be preserved in the public interest (as specified in Section 41.35.70[d]). Please note that some sites can be deeply buried and that fossils are considered cultural resources subject to the Alaska Historic Preservation Act. Thank you for the opportunity to review and comment.
DMLW Response: Thank you for the concurrence and provided information. It will be passed to the applicant through this decision document.
DNR, Division of Geological and Geophysical Surveys:
o Geologic Units: Alluvial deposits (outwash and modern alluvium), colluvial deposits, glacial deposits (drift), lake deposits, paludal peat deposits, bedrock
o Suitability For Construction: Areas of clean sand and gravel may be suitable as a material resource, depending on their distribution, thickness, and ice content, as well as the thickness of any fine-grained surface cover. Materials on slopes may be unsuitable as a resource due to potential instability. Ice-rich areas susceptible to thawing and areas of poor drainage may be unsuitable as foundation material. Use best construction practices.
o Permafrost: Isolated (<10%) to absent
o Susceptibility To Frost Action: Generally intense frost action where sediments are fine-grained and/or wet. Generally less intense where sediment is coarse-grained and/or well-drained. Bedrock may be susceptible to frost action along bedding planes or joints.
o Thaw Stability: Thaw unstable where ice content is high, especially in areas of poor drainage. Generally, well-drained, coarse sediments are more thaw-stable than poorly drained, fine-grained sediments.
o Surface Drainage and Flooding Potential: Flooding is possible along streams in the spring and during intense storm events or when glacial melt is accelerated. Surface drainage is often poor near swamps and areas of permafrost, especially where sediment is fine-grained. Surface drainage is good along slopes where the soil is unfrozen as well as in coarse-grained sediment when it is unfrozen.
o Seismic Hazard: High; Standard best building practices should be used to accommodate the regional seismic hazard.
o Landslide Hazard: Steep slopes in the proposed areas have the potential for instability, and numerous landslides and debris flows have been reported on the steep slopes in southeast Alaska's coastal mountain areas, with multiple events since 2015 that have impacted numerous communities, including Skagway, Haines, Sitka, Ketchikan, and Wrangell. Examination of imagery indicates some landslide deposits in the proposed allotment areas, but further work would be necessary to validate their extent and characterize the risk for future events.
o Tsunami Hazard: None
o Volcanic/Ashfall Hazard: Yes; This area has been subject to ash fall from erupting Alaska volcanoes.
o Radon: High; The Environmental Protection Agency’s (EPA) Action Level for radon is 4 pCi/L; the EPA suggests homeowners consider radon mitigation for test results of 2–4 pCi/L. Any home, school, or building can have high levels of radon and should be tested.
o Mineral Resources: No comment
o Energy Resources: No comment
o Optional Reference(s):
March, G.D., 1982, Photointerpretive map of the surficial geology of the Skagway B-2 Quadrangle, Alaska: Alaska Division of Geological & Geophysical Surveys Alaska Open-File Report 161, 1 sheet, scale 1:63,360. https://doi.org/10.14509/96
Follow-up comment: Our primary concern would be landslides for this land. We do not currently have enough information to provide an objection/non-objection. As noted in our review, landslide deposits were noted in the allotment areas in available data. Further work would be necessary to validate their extent and characterize the risk for future events.
DMLW Response: DMLW thanks DGGS for the information provided. It will be passed to the applicant through this decision document.
The following agencies or groups included in the agency review provided no comment:
• Alaska Association of Conservation Districts
• ADF&G, Access and Defense Program
• DNR, DMLW Division of Parks and Recreation
• DNR, DMLW Land Conveyance Section
• DNR, DMLW Mineral Property Management
• DNR, DMLW Public Access, Assertion, and Defense Section
• DNR, DMLW Southeast Regional Land Office
• DNR, Division of Oil & Gas
• Department of Transportation, Statewide Right-of-Way
IX. Public Comment
Public notice of the proposed relinquishment was conducted from January 7, 2026, through February
6, 2026. The notice was posted to the State of Alaska Online Public Notice System. Copies of the
notice were sent to: Alaska Association of Conservation Districts; Southeast Alaska Conservation
Council; Upper Lynn Canal Advisory Committee; Sealaska Corporation; Central Council of the Tlingit
and Haida Indian Tribes of Alaska; Skagway Village; Chilkoot Indian Association; Chilkat Indian
Village; US Army Corps of Engineers; Bureau of Land Management; Skagway Borough Clerk and Manager;
Skagway Post Office; Haines Borough Clerk, Manager, and Planner; Haines Post Office; Temsco
Helicopters; Out of Bounds Adventures; and the applicant.
Public comments and DNR responses are provided here. Comments will be addressed individually or
summarized by issue.
• No public comments were received.
X. Discussion
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. To reduce over-selection, the State will consider relinquishing
lower-priority state entitlement lands. 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. Any relinquishment decision DNR makes, must balance the interests of providing opportunities for Dingell Act allottees to acquire lands without undue harm to the interests of Alaskans.
The subject lands are priority four entitlement lands, meaning they are a low priority selection and unlikely to be acquired by the State. The subject area is surrounded by BLM-owned and
state-selected lands that are also priority four. The parcel is not crossed by any accepted and
codified Revised Statute (RS) Trails. There are no permitted BLM, State, or unauthorized trails
crossing the allotment. The lands to the south are state-owned with active commercial recreation
permits; however, there is a buffer of BLM owned land between the parcel and state-owned lands.
Relinquishment is unlikely to block access to the area, especially with the nearby lake and river.
AS 38.05.127 requires that before a disposal of an interest in state land, the Department
determines 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. However, this does not interfere with public access to navigable or public waters.
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. The
right of the public to use and have access to navigable or public water will remain the same should
this entitlement selection be relinquished.
The subject lands do not share a boundary with state-owned lands. While there is documented
concurrence for Out of Bounds Adventures and a permit for Temsco Helicopters in this area, neither
company objected to this relinquishment. Out of Bounds Adventures appears to no longer be in
business and Temsco’s permit is for heliskiing in the nearby mountains and glaciers.
Relinquishing these lands fulfils the Congressional promise made to Alaska Native Veterans who
served in Vietnam and missed the opportunity to apply for an allotment under the 1906 Allotment
Act, which was repealed by ANCSA. As the subject lands are low priority and unlikely to be acquired
by the State, it is in the best interest of Alaskans that these lands be put in the hands of an
Alaskan. While DGGS noted potential landslide activity in the area, further investigation would
need to be undertaken, and any potential inherent risks with the property would be for the
applicant to determine if they would like to undertake.
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 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 lands to the State, currently and in the future, may be minimal
compared to other state-selected lands. 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 supports the success of the Dingell Act Allotment program and is in the State’s best interest.
XI. Decision
After consideration of the facts and input from agencies and the public as 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 previously described state selection and maintain the States
subsurface selection on all minerals excluding sand and gravel in favor of Dingell Act allotment
application AA- 97692.
Recommended by:
Christi Scott
Natural Resource Specialist 2, Land Section Division of Mining, Land and Water Department of
Natural Resources
Date of Signature: 2/10/2026
Approved by:
Jane Boer
Chief, Realty Services Section Division of Mining, Land and Water Department of Natural Resources
Date of Signature: 2/10/2026
Approved by:
John Crowther
Commissioner-Designee Department of Natural Resources
Date of Signature: 2.18.2026
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 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.