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Alaska National Interest Lands Conservation Act (ANILCA) - Native Allotments
- The original Native Allotment Act was established in 1906.
- This Act was repealed, with a savings provision, by ANCSA in 1971.
- ANILCA became law in 1980.
- Section 905 of ANILCA reauthorized all Native allotment applications pursuant to the Act of 1906 that were pending before the Department of Interior on or before December 12, 1971.
- Section 905 also authorized the state to protest an allotment if the allotment represented the only reasonable access to public lands and waters.
- There are roughly 15,000 proposed or existing allotments, and a little more than half have been certified (rather than patented since they are managed by the Bureau of Indian Affairs for the allottee and/or his heirs.
- Each allotment can contain up to 160 acres and may be divided into as many as 4 parcels scattered in different locations.
- From 1980 to 1991, the Alaska Department of Natural Resources (ADNR) functioned as the lead agency for identifying the state's access interests.
- In FY 92 the responsibility for identifying and protecting public access was delegated to interested state agencies and/or individual ADNR divisions.
- Similar to the ANCSA land conveyances, Habitat and Restoration Division initially coordinated the department's comments on Native allotments only in southcentral and southwest Alaska, starting in July of 1991.
- In FY 97, Habitat and Restoration Division staff were funded to expand review of Native allotment actions statewide.
- ADF&G staff continues to review Native allotment actions statewide.
- The location of an allotment is frequently changed during the adjudication process.
- Major problems arise when the allotment is sited:
- On a Fish and Game research or management site (for which many are lacking a good legal description).
- Land previously conveyed to the state, requiring reconveyance.
- Siting at a major access point (e.g., the outlet of a lake, on top of a 17(b) easement, etc.).
- Within a state park unit.
- Access can only be reserved through a Native allotment if use of the easement predates the use and occupancy date of the allottee (many from the early to mid-1900s).