1. Section 14(c) of the Alaska Native Claims Settlement Act zMaking Land Available for Community Use and Expansion in Alaska Native Claims Settlement Act Villages

2. Background zANCSA establishes for-profit Village & Regional Native Corporations. zLand entitlement based upon village size. zCongress recognized that individuals, businesses, non-profits, and communities occupied land in Alaska Villages. zSection 14(c) of ANCSA provides that the Village Corporations would transfer ownership of the land occupied by these groups. zV. Corporations establish their own process & policy.

3. ANCSA Section 14(c), Land for; z14(c)(1) Individuals yHomes yBusinesses ySubsistence Campsites z14(c)(2) Non-Profits z14(c)(3), Cities or Future Cities z14(c)(4) Airport Operators

7. 12/18/71, Vesting Date for 14(c)(1), (2) & (4) Claims z14(c)(1) yHomes (Primary Place of Residency, w/o charge $, acreage) yBusinesses (Primary Place of Business, w/o charge $, acreage) ySubsistence Campsites & HQ for Reindeer Husbandry (w/o charge $, acreage) z14(c)(2) Non-Profits, (Land Occupied, Churches, etc. with or w/o $, acreage) z14(c)(3) Cities or Future Cities (no vesting date, acreage) z14(c)(4) Airport Operators (w/o charge $)

8. Identification of 14(c)(3) Land z“Remaining Improved Lands” (surface estate) zAnd as much as necessary for: yCommunity Expansion yR/W’s for Public Use y& Other Foreseeable Needs zLand is transferred to City or State in Trust for a Future City

10. Implementing ANCSA 14(c)(3) zANCSA 14(c)(1) & (2) claims first. z14(c)(3) 1,280 acres unless parties agree to less in writing. zNet revenues from the sale of surface resources to go to the V. Corp., except for governmental uses zGroups should try to focus on what they want to accomplish with 14(c)(3). zANCSA did not set a deadline for completion.

11. 14(c) Does not apply to all Village Lands z14(c) applies only to land conveyed to the Village Corporation by BLM. zFederal Townsite lands, Native Allotments & other private lands are not subject to 14(c). zHow do Federal Townsites affect 14(c)(3)?

12. What about land for Village Council Governments? zTitle 29 and most City’s Ordinances allow for land transfers to Tribal Council’s where the land use meets a public purpose. zIn unincorporated communities the State in Trust typically recognizes Tribal Council’s as “Appropriate Village Entities” and can make long term leases to Council’s for Public or Charitable projects. zVillage Corporations sometimes make certain transfers to Council’s. Does not count towards 14(c)(3) obligation.

13. ANCSA 14(c)(3) in those Villages that are not Cities zANCSA set out and the State accepted a Trust role for 14(c)(3) in those communities where cities do not exist. zAS 44.33.755 Established DCCED as Trustee. The law does not allow the Land to be transferred with out the approval of village residents. zCommunity Land is managed for residents and a future city.

14. Local Initiative zMost villages have a recognized “Appropriate Village Entity” (AVE), that advises the Trustee on the acceptance and management of Trust Land. zMLT staff look to the AVE and Village Corporation to propose the layout and acreage of 14(c)(3) land settlement. zLand is made available only if lease or deed is approved by the AVE.

15. Appropriate Village Entity Recognition 3 AAC 190.120 z1) Active organization which represents, in a traditional or democratic manner, the collective views of the bona fide residents of the village; and zMust be no substantial & particularized objection (by a resident) to the entity’s overall suitability to represent accurately & effectively the collective views of the residents of the village; however, such an objection will only constitute a bar to eligibility if it is substantial and if it addresses itself to the entity’s overall suitability rather than an entity’s position on a specific issue. z

16. Other Planning Considerations zWho is the lead? yV. Corporation yCity/Village zExisting Plans yComp Plan ySanitation Plan yTransportation Plan zCommunity Profile Maps

17. ANCSA 14(c)(3) Agreements zWho draws the Map? zPartial or Complete? zFuture Parcels zAlternatives to out right ownership zProcedures for City Settlement zProcedures for Corporation Settlement zSample documents & assistance

18. What about encumbrances created by the Village Corporation? zInterim Documents can be used. yLanguage that terminates temporary interest in the land upon transfer under 14(c)(3) zMap of Boundaries should strive to accommodate encumbrance y14(c)(3) transfer in fee yMake 14(c) parcel subject to encumbrance by including clause in deed to 14(c) recipient. zRecover title, reissue documents to resolve conflict.

19. What is the status Statewide?

20. After your Map of Boundaries is submitted zBLM will publish notice of the filing of the map of boundaries. z Potential claimants have one year to resolve or litigate the decisions that the Village Corp. has made (902(b) of ANILCA). zBLM can do 638 contracting for the surveying of the map. zCommunities can use DCCED maps and sample documents to do 14(c).

21. DCCED Land Management zFor the status of 14(c) in your community- http://www.dced.state.ak.us/dca/commdb/CF_BLOCK.cfm. zFor a map of your community- http://www.dced.state.ak.us/dca/commdb/CF_BLOCK.cfm. zFor a copy of “Getting Started on ANCSA 14(c)”- http://www.dced.state.ak.us/dca/StaffDir/GetPubl.cfm- zFor More Info; zKeith Jost zLand Management and Mapping zDept. of Commerce, Community & z Economic Development z550 W. 7th Ave. Suite 1770 zAnchorage, AK 99501 z(907) 269-4548 Fax (907) 269-4525 zKeith.Jost@alaska.gov

22. Submitting a 14(c) Map of Boundaries (check list) zAerial photo based map, USGS & sketch map for remote sites. zMap displays all of the 14(c)(1), (2),(3) & (4) lands. zMust have an agreement in writing if less than 1,280 acres. zIndicate acreage if required and boundary that should be adjusted to obtain agreed upon acreage. zInclude any supporting documents, plats, photos or sketches that help indicate intent. zUse BLM standard signature block. zInclude a cover letter with; yContact names, numbers etc. yIndicate partial or complete map of boundaries yAddress staking of claims & precedence over description, map or agreed upon acerage

23. Options for Surveying the ANCSA 14(c) Claims zSpecial Instructions under Federal Authority zAssignment Instructions for Local Contracts zSurveying and Platting with State and Local requirements

24. Assignment Instructions for a Partial MOB’s Submission zPurpose- to accommodate an immediate survey w/o a full MOB submission. yPublic Projects yIndividual Claimants zBLM does not pay for survey or recordation. zBLM does; y Issue assignment instructions to designated surveyor, yProvide monumentation, yReview plat and yIssue compliance letter so plat can be recorded as a federal plat with the State recording system.

25. Requirements for Assignment Instructions zPartial MOB’s has been submitted to BLM by the Village Corporation, zWritten agreement if ANCSA 14(c)(3) land, zLetter requesting instructions and designating a surveyor, zAcknowledgement that BLM doesn’t pay for this type of survey. zBLM will provide ANCSA 14(c) monuments, a review of the plat for compliance with federal requirements, and the letter of compliance to record with the State recording system.

26. Platting the ANCSA 14(c) Claims zInitial survey of 14(c) claims set out by ANCSA, does not need to conform to State & Local platting requirements. zLetter of Conformance used to record. z14(c)(3) Roads and Trails identified when not in a larger parcel of 14(c)(3) land. zRS 2477, 17(b) easements & water bodies sometimes serve as access.

27. For More Information ; zKeith Jost zDept. of Commerce, Community & Econ. Development z550 W. 7th Ave. Suite 1770 zAnchorage, AK 99501 (907) 269-4548 zFax (907) 269-4525 zKeith_Jost@Commerce.State.AK.USKeith_Jost@Commerce.State.AK.US zAl Brietzman, zBureau of Land Management, Cadastral Survey z222 W 7 th Ave. #13, zAnchorage, AK 99513 (907) 271-5606 zFax (907) 271-4193 zAl Brietzman@ak.blm.gov

29. What is the status Statewide?

30. Management of Municipal Trust Land Legal Requirements for conveyances of 14(c)(3) land zPublic Notice zLocal Approval (AVE) zCommissioner Approval zFair Market Value Requirement y Fair Market Value May be waived for Public and Charitable Purposes zLand Survey

31. Municipal Lands Trustee Program zANCSA established the State as a Trustee for 14(c)(3) in those communities where cities do not exist. zAS 44.33.755 Accepts the Trust responsibility and establishes it with DCCED. zCommunity Land is managed for residents and a future city.

32. What does “necessary” and “foreseeable” mean? zEssential vs. Useful from Seldovia court case zBroad meaning for Necessary & Foreseeable zUnreasonable to require a city to establish that a parcel is essential to an immediately predictable need zFor municipal purposes, not for speculation or to compete with the Corporation in income production

33. Why do 14(c)? zClears the “cloud” on the Village Corporation’s land title. zDetermines land ownership so development can be done easier. zProvides for needs of shareholders and residents. zResults in more surveyed boundaries in the community.

34. Getting Started on 14(c)(3) Preparing a 14(c)(3) Planning Map zAerial Photo Base Map zLand Ownership zCurrent Land Use zLand Suitability zFuture Land Use z14(c)(3) Proposal yImproved Land yExpansion Land yRights of Way