|
United
States Department of the Interior
NATIONAL PARK SERVICE
Alaska Regional Office
240 West 5th Avenue, Room 114
Anchorage, Alaska 99501
IN REPLY REFER
TO:
March 27, 2006
Dear Alaskan:
Enclosed is
the second draft of "A User's Guide to Accessing Inholdings
in a National Park Service Area in Alaska." Based on extensive
public comments in 2005, the National Park Service (NPS) made several
revisions to the original draft. We are accepting public comments
on the second draft until May 27, 2006. Comments may be sent to
the addresses noted at the bottom of this letter. Also, we will
hold public meetings to both explain the changes and gather additional
comments and will notify you separately of those times and locations.
Six changes
in this draft merit particular attention because they were of concern
to a significant number of people who commented on the 2005 version.
These include:
" Existing
Access versus New Access -- Many comments were received stating
that existing access routes needed to be treated differently than
proposals for new routes. We agree. In Wrangell-St. Elias National
Park and Preserve, where the largest number of existing access routes
are located, the NPS will combine its review of multiple routes
in a "programmatic environmental assessment" beginning
this year. In addition, park staff will set up meetings with landowners
to understand their access routes and needs, assist landowners in
applying for access permits, and undertake required environmental
reviews at NPS expense. Processing existing access routes in other
parks will follow in a similar process.
Requests for
new access routes across park land will be handled individually
and, depending on the complexity and controversy of the request,
may require either an environmental assessment or an environmental
impact statement. In addition, some established access routes may
not be sustainable, and may require extensive construction, realignment
and/or investigation of alternative means of access because of ongoing
or potential new environmental impacts. Addressing these specific
complex access cases will require the same authorization process
used for a new access route or facility. A more detailed discussion
of the authorization process for a new route or facility begins
on Page 2 of the guide.
" Fees
-- As explained on Page 7 of the guide, NPS-Alaska proposes to waive
fees for the application, monitoring, land rental and NEPA costs
associated with right-of-way permits that can be processed with
an environmental assessment. Costs to prepare environmental impact
statements can not be waived. The regional policy on fees is based
on the Alaska National Interest Lands Conservation Act and committee
report language from Congress, and on the authority of the NPS regional
director to waive certain fees.
" Duration of permits - We received several comments that a
right-of-way permit duration of 10 years is insufficient to provide
landowners certainty, marketability of their property and the ability
to obtain financing. We agree with these comments and propose to
issue right-of-way permits with terms of up to 30 years. In addition,
permits will be written with a clause that anticipates renewal unless
conditions or needs have changed. While National Park Service policy
specifies that right-of-way permits will be issued for 10 years,
it allows for longer terms at the discretion of the regional director.
The 30-year duration with a renewal clause will give landowners
certainty of access and the ability to obtain financing for improvements
on their property. Page 7 of the guide provides additional detail.
" Issuance
of a permit -- Several commenters stated that permits were not necessary
or that a right-of-way should be associated with the parcel of land
rather than provided to an individual. Applicable regulations do
not allow such a change. Permits for the use of public land will
be issued to the owners or valid occupiers of inholdings. The permit
process is explained beginning on Page 4 of the guide; additional
information on permits begins on Page 9 in the Frequently Asked
Questions section.
" Regulations
-- Some comments stated the NPS was writing new regulations rather
than a policy guide. This draft guide provides guidance and clarification
to landowners and park managers on the right-of-way process which
currently exists in law, regulation and policy.
" National
Environmental Policy Act -- Some commenters stated that the National
Environmental Policy Act did not apply to access to inholdings in
national park units in Alaska. The Department of Interior regulations
for access to inholdings under ANILCA clearly require the use of
NEPA to evaluate the impacts of the proposed routes and facilities
on park resources. These regulations are our official interpretation
of ANILCA and were developed with public input almost twenty years
ago. The law requires NPS make a decision on your application, and
NEPA is the appropriate, public decision-making process. To streamline
the process, the NPS will be preparing programmatic EAs that consider
similar existing routes, at no expense to the applicant. Further,
the NPS will bear all costs associated with the preparation of environmental
assessments to insure that these costs do not become a barrier that
keeps landowners from obtaining an access permit. Pages 5 and 16
of the guide provide additional detail on environmental assessments.
Three public meetings are planned to gather comment and to answer
questions from participants. The meetings will be held at the following
times and locations:
McCarthy: May
3, noon, at the Community Church
Slana: May 4, 6:30 p.m., at the Slana School
Anchorage: May 11, 3-5 p.m. at the Alaska Public Lands Information
Center, 605 W. 4th Ave.
The National Park Service appreciates your time to read and comment
on this draft and participate in the public process. To download
the document for review and comment, go to the following website:
http://parkplanning.nps.gov/
and select the link "Plans/Documents Open for Comment"
located at the lower left corner of the page. From the following
"Plan/Document List" select the link "Draft User's
Guide to Accessing Inholdings in a National Park Service Area in
Alaska (Revised, March 27th, 2006)". To register comments on
the document, select the link "Comment on document" in
the menu on the left side of the page and enter your comments.
Copies of the
guide also may be requested by writing Regional Director, National
Park Service, 240 W. 5th Avenue, Anchorage, Alaska 99501, or by
calling (907) 644-3510. Comments sent by mail to the above address
must be postmarked by May 27, 2006.
Sincerely,
Marcia Blaszak
Regional Director
-- NPS --
Privacy
& Disclaimer
Author:Jane
Ahernl
Last modified on: April 18, 2003
|
