NPS Access Guide draft

By Rick Kenyon

Within the boundaries of Alaska’s national park units, there are more than 1.6 million acres of land owned by private individuals and corporations, the state of Alaska and local governments. Access to these lands, which the National Park Service (NPS) calls inholdings, is guaranteed by federal law. A draft version of a new handbook has been released by the NPS for public review and comment.

Titled A User’s Guide to Accessing Inholdings in a National Park Service Area in Alaska, this 22-page draft document is, according to the NPS, an outcome of conversations held last year among U.S. Department of the Interior Secretary Gale Norton, Alaska Governor Frank Murkowski, and NPS Alaska Regional Director Marcia Blaszak. The NPS consulted with state officials during preparation of the document.

“This authorization process allows the National Park Service and other agencies which manage public resources — things like salmon streams, wildlife habitat, historical sites — and other public uses, to protect those public assets. At the same time, we are meeting the unique provisions in law to provide access to non-federal lands within parks,” said Blaszak.

“Not only will the user’s guide help landowners understand what is required of them, it will help park managers provide consistent information to people seeking access,” said Sally Gibert, the State of Alaska’s ANILCA coordinator. “The state encourages Alaskans to review the guide to insure that it accomplishes the NPS objectives of clarity, accuracy and sound public policy.”

While described by the National Park Service as simply a guide to “help landowners and others understand the National Park Service process to authorize access across park areas,” some say it actually institutes a permit system for access to inholdings in parks created under ANILCA and sets up a fee schedule for the permits.

“The National Park Service proposes that the fee charged the applicant be based on the fee schedule in the ... current federal regulations of the Bureau of Land Management,” says the Guide. The form to be used to apply for an access permit is also a BLM form, called SF299, Application for Transportation and Utility Systems and Facilities on Federal Lands. The estimated “public burden” for completing the form is 25 hours.

According to the Guide, inholders will need to obtain a permit for all motorized access that crosses federal lands unless that access is via a state highway or a designated park road. State rights-of-way granted under RS2477 are categorically denied as valid access routes by the NPS, as are section-line easements. So are access routes that predated the park but are not state highways or designated park roads.

The proposed fee structure for obtaining a permit to access inholdings is just that—a structure. There is an Application and Processing Fee which ranges from $125 to $925 or more. There is an Environmental Impact Statement Preparation Fee for access to inholdings that would have “potentially significant impacts on the environment.” That fee is not stated, but depends upon the size and complexity of the access route. Then there is a Monitoring Fee, which varies from $50 to $200. The monitoring fee helps reimburse the NPS for their costs of monitoring the inholder’s use of the access route.

Finally there is the proposed Annual Land Rental Fee. Rental fees would be determined by a U.S. Government appraisal, a National Park Service cost estimate, or by a land rental fee schedule. This would amount to an additional eight percent of the value of the land area used by the road or trail. The NPS proposes to waive the Annual Land Rental Fee on inholdings that are not used for any commercial purpose.

“In particular, the National Park Service is interested in public comments on a proposed cost structure which includes an application fee and the reimbursement of some NPS costs, and a land rental fee for commercial operations,” reads the NPS press release.

Public comment will be accepted through May 13, 2005. To download the document for review, 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 “A User’s Guide to Accessing Inholdings in a National Park Service Area in Alaska.” Copies of the guide may be requested by writing Regional Director, National Park Service, 240 W. 5th Avenue, Anchorage, Alaska 99501.

Public comment will also be accepted at each of four meetings planned in March. The times and locations are as follows:

March 9 Anchorage—Alaska Public Lands Information Center, 605 W. 4th Ave.

March 16 McCarthy — Zak house, after mail

March 18 Slana — Slana School, 3:30-5:30 p.m.

March 30 Fairbanks — Alaska Public Lands Information Center, 250 Cushman St. The Anchorage and Fairbanks meetings will be held from 3:30 to 6:30 p.m.