settlementdnr.alaska.gov › ... › kuskokwim › pdf › ch2_settlement.pdf · 2001-12-12 · e....

9
SETTLEMENT Goals Private Land Use. Make available to present and future Alaskans suitable public land needed for private settlement purposes. DNR can identify and offer lands that have characteristics which make them suitable for year-round residence, seasonal residence, or self-sufficient remote residence, but once the land is sold the owner must decide how to use the land. DNR can not guarantee that, for in- stance, land sold to satisfy the demand for seasonal residences will not be used for per- manent residences. Nor can DNR assure that future land owners will not demand public ser- vices and improvements such as schools. DNR is trying to satisfy five categories statewide. Within the planning area DNR will attempt to meet at least some of the demand for each of the following five categories of set- tlement. However, given the nature of demand for settlement lands in the region and the fact that there is little state land near ex- isting communities or on the major rivers, the department's emphasis has to be on meeting demand for recreational use and seasonal residences. A. Recreational Use or Seasonal Residences. This category is the most common use of land disposed of by the state. DNR will, where feasible, avoid poor quality sites, such as north-facing slopes, and offer quality sites with characteristics such as proximity to water, views, good hunting, or interesting topog- raphy. Because there is a limited supply of state land with characteristics that make it highly desirable, the state will have to offer some lands that do not have exceptional amenity values to meet the demand for recreational and seasonal use. The state will also offer opportunities for short term-private use of state-owned lands through the state's remote cabin program (see the Remote Cabin section of this chapter). B. Year-round Residences or Community Ex- pansion. Although there is little state land near existing communities, where it can, DNR will offer accessible land that is suitable to meet the needs of growing communities. This category serves people whose principal place of residence--and usually work--is or will be in the area of the disposal. C. Year-round, Relatively Self-sufficient Remote Residences. DNR will provide op- portunities for a few people who wish to pur- sue a remote, more or less self-sufficient lifestyle. Generally, the state will not offer tracts large enough for families to subsist on, but rather will offer smaller parcels adjacent to public land on which the public can gather firewood and houselogs and hunt and fish. Under current programs, homesteads are limited to 40 acres or less adjacent to public land on which the public can gather firewood and houselogs and hunt and fish. This category, although important, will not be a high priority in the disposal program be- cause it is expensive (due to survey costs) and requires a commitment of large amounts of public land to satisfy relatively few people; and it is less in demand than the preceding two categories. D. Settlement Associated With Natural Resource Development Projects. The state will set a high priority on making land avail- able for the development of new towns or the expansion of existing communities adjacent to major resource development projects. In some cases, the state must decide if leasing lands for a campsite or temporary settlement is preferable to selling land for a townsite. E. Industrial or Commercial Development. To stimulate or facilitate economic develop- ment, DNR will sell, lease, or protect for fu- ture use suitable land for private, commercial, and industrial use. Requirements for these uses are highly site-specific, and disposal decisions will be made case by case as demands arise. Settlement 2-33

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Page 1: SETTLEMENTdnr.alaska.gov › ... › kuskokwim › pdf › ch2_settlement.pdf · 2001-12-12 · E. Industrial or Commercial Development. To stimulate or facilitate economic develop-ment,

SETTLEMENT

GoalsPrivate Land Use. Make available to presentand future Alaskans suitable public landneeded for private settlement purposes.DNR can identify and offer lands that havecharacteristics which make them suitable foryear-round residence, seasonal residence, orself-sufficient remote residence, but once theland is sold the owner must decide how to usethe land. DNR can not guarantee that, for in-stance, land sold to satisfy the demand forseasonal residences will not be used for per-manent residences. Nor can DNR assure thatfuture land owners will not demand public ser-vices and improvements such as schools.DNR is trying to satisfy five categoriesstatewide. Within the planning area DNR willattempt to meet at least some of the demandfor each of the following five categories of set-tlement. However, given the nature ofdemand for settlement lands in the region andthe fact that there is little state land near ex-isting communities or on the major rivers, thedepartment's emphasis has to be on meetingdemand for recreational use and seasonalresidences.

A. Recreational Use or Seasonal Residences.This category is the most common use of landdisposed of by the state. DNR will, wherefeasible, avoid poor quality sites, such asnorth-facing slopes, and offer quality siteswith characteristics such as proximity to water,views, good hunting, or interesting topog-raphy. Because there is a limited supply ofstate land with characteristics that make ithighly desirable, the state will have to offersome lands that do not have exceptionalamenity values to meet the demand forrecreational and seasonal use.

The state will also offer opportunities forshort term-private use of state-owned landsthrough the state's remote cabin program (seethe Remote Cabin section of this chapter).

B. Year-round Residences or Community Ex-pansion. Although there is little state land

near existing communities, where it can, DNRwill offer accessible land that is suitable tomeet the needs of growing communities. Thiscategory serves people whose principal placeof residence--and usually work--is or will be inthe area of the disposal.

C. Year-round, Relatively Self-sufficientRemote Residences. DNR will provide op-portunities for a few people who wish to pur-sue a remote, more or less self-sufficientlifestyle. Generally, the state will not offertracts large enough for families to subsist on,but rather will offer smaller parcels adjacentto public land on which the public can gatherfirewood and houselogs and hunt and fish.Under current programs, homesteads arelimited to 40 acres or less adjacent to publicland on which the public can gather firewoodand houselogs and hunt and fish.

This category, although important, will not bea high priority in the disposal program be-cause it is expensive (due to survey costs) andrequires a commitment of large amounts ofpublic land to satisfy relatively few people; andit is less in demand than the preceding twocategories.

D. Settlement Associated With NaturalResource Development Projects. The statewill set a high priority on making land avail-able for the development of new towns or theexpansion of existing communities adjacent tomajor resource development projects. Insome cases, the state must decide if leasinglands for a campsite or temporary settlementis preferable to selling land for a townsite.

E. Industrial or Commercial Development.To stimulate or facilitate economic develop-ment, DNR will sell, lease, or protect for fu-ture use suitable land for private, commercial,and industrial use. Requirements for theseuses are highly site-specific, and disposaldecisions will be made case by case asdemands arise.

Settlement 2-33

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Resource and Economic Impacts. Con-tribute positively to other uses of naturalresources and minimize the undesired im-pacts of land offerings on opportunities forresource use.

Land Acquisition. At this time it is thestate's goal to provide individuals a range ofoptions for acquiring title to state land. Underthe current homestead and homesiteprograms state land may be acquired byvarious combinations of residing on theproperty, constructing a dwelling on theproperty, and purchasing the property. Publiclands offered for private ownership under thegeneral land disposal program will be sold forcurrent, fair market value, subject but notlimited to the exceptions noted in AS38.05.055 and 38.05.057.

Fiscal Impacts. Minimize future fiscal coststo local or state government for services,wildfire management, and infrastructure re-quirements that result from settlement ofstate lands.

Community and Social Impacts. Minimizeundesired changes in the character of lifeamong nearby communities or residentscaused by land disposal projects while con-sidering the needs and demands of all stateresidents.

Coordination With Local Governmentsand Landowners. Coordinate state land of-fering programs with similar programs of localgovernments and major landowners to bestachieve common objectives. Consider availa-bility of land in private ownership when deter-mining the amount, type, and location of stateland offerings.

Management Guidelines____A. Planning and Coordination

1. Long-term Program. Under this plan33,855+5 acres maybe offered for settlement.Another 12,150 acres with settlement poten-tial are to be kept in public ownership for theshort-term and classified resource manage-

ment. When the plan is reviewed in five yearsthe resource management lands will bereexamined and a decision made whether tooffer them for sale or keep them in publicownership.

With the exceptions that are noted in Chapter3, the acreage offered in any given area desig-nated for settlement may be adjusted up ordown based on the amount of land determinedsuitable for offering during the land disposaland planning process.

The disposal program will be designed tomake land available for at least 20 years to en-sure that Alaskans have the opportunity to ac-quire public land in the future. The pacing ofland disposals will be controlled through thestatewide disposal plan and through theguidelines in Chapter 3. Specific guidelinesare established for timing of land offerings inNorth Fork (subunit la), Big River Reoffer(subunit 13b), Boundary Lakes (subunit 15f),Aniak-Doestock (subunit 17d), Vinasale (sub-unit 5e), and Sleetmute North (subunit 15e).

2. Competition. Although the state will coor-dinate its offerings with those of other land-owners, it may compete with the private sectoror local governments if necessary to satisfydemand, provide market choice, or moderateprices.

3. Local Plans. DNR will comply withprovisions of local comprehensive plansregarding the pace, location, and density ofland development except to the extent thatlocal requirements are inconsistent with amajor overriding state interest.

4. Design Review Boards. In addition toholding public meetings, a local design reviewboard will be established when, in the opinionof the Director of the Division of Land andWater Management, it would be a construc-tive way to involve persons affected by a dis-posal project.

5 The total acreage of land available will beat least 33,855 acres. This figure may increaseif parcels are relinquished in the Big Riverarea and reoffered for sale.

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A design review board will consist of a maxi-mum of five citizens and local government of-ficials appointed by an appropriate localgovernment official. Where local governmentdoes not exist or is unwilling to appoint sucha board, DNR will make the appointments ifsufficient interest exists.

The design review board is advisory and willparticipate in and review all stages of design,including location, design of parcel size,transportation routes, and open space. Theboard will make recommendations to theDirector of the Division of Land and WaterManagement at appropriate times during thedesign process.

5. Coordination with Local Governments.Where DNR and a municipality both haveland, state land offering programs should becoordinated with similar programs of localgovernment to best achieve common objec-tives. To this end, DNR would develop a jointdisposal plan for state and municipal landswith any municipality that is interested. Thisplan would consider the municipality's fiscalplanning for road extension priorities and itsplans for levels of services in different areas.If a municipality has a comprehensive land useplan, that plan will provide direction for dis-posal priorities. The disposal plan shoulddemonstrate what community objectiveswould be met and how the requested capitalimprovement funds would supportmunicipality-wide priorities for roads and ser-vice extensions to benefit current and futureresidents. The disposal plan shoulddemonstrate how increased access anddevelopment will promote use of otherresources such as agriculture, mining, forestryand recreation, and thus provide statewideand regional benefits.

B. Types of Offerings

The types of offerings are established by thelegislature and are subject to change. The fol-lowing guidelines relate to several types of of-ferings available to the department at thistime.

1. Predesignated Parcels. In areas wheresevere land use conflicts and inefficient use of

resources are expected to result from ownerstaking by the entrant, DNR may offer homes-tead parcels with predesignated boundaries.

2. Staking Outside Designated Project Areas.Entrants are responsible for establishing thelocation of their parcels accurately. Title willnot be granted to parcels located outside theboundaries of project areas. Entrants who in-correctly locate parcels outside designatedareas may be given a second opportunity tostake within the proper area.

3. Isolated Parcels of State Land. The statehas acquired--and will continue to acquire-isolated parcels of land through foreclosure,escheat, and other methods. The followingguidelines apply to management and possibledisposal of these parcels.

- In or Near Existing Communities. Ifthe parcel is in or immediately adjacent toan existing community or past state landoffering, the parcel can be offered for set-tlement unless it is appropriate as a site(s)for schools, gravel pits, roads, parks,sewer treatment plants, or other publicfacilities.

- Parcels Near Other State Land. If theparcel adjoins or is surrounded by otherstate land, it should be managed accord-ing to the management intent andguidelines applicable to the adjacentlands.

- Parcels Not Near Other State Land.Parcels, such as mineral patents federal orhomesteads acquired in the middle ofnon-state lands should be considered forsale or exchange to the adjacent landowner.

4. Leases for Private Recreation Cabins.Leases for private (non-commercial) recrea-tional cabins are prohibited.

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C. Protection, Management, andEnhancement of Other Resources

1. Protection of Life and Property. The statewill, to the extent feasible and prudent, dis-courage development in areas of flooding, un-stable ground, significant avalanche risk, andother hazards. The department will achievethis objective by retaining public land, requir-ing building setbacks, or public education.

DNR will discourage development of non-water-dependent structures in the 100-yearfloodway by requiring necessary residentialbuilding setbacks and by providing availableinformation about flood zones in land disposalbrochures when a disposal is in a potentialflood hazard area.

In drainages where the 100-year floodway hasnot been surveyed, the best available informa-tion will be used to determine the flood hazardzone that should remain in public ownership.

2. Protection and Management of ValuableEnvironmental Processes. In areas to be con-veyed to private ownership, the state willprovide a publicly owned open-space systemto preserve important fish and wildlifehabitats and natural areas such as shorelands,freshwater wetlands, riparian lands, water-sheds, and surface and ground water rechargeareas. (See policies on these subjects fordetails, especially: guideline H in the Fish andWildlife Habitat section, Avoid ConflictsWith Traditional Uses of Fish and Game.)

Wetlands with important hydrologic, habitat,or recreational values and adjacent bufferstrips will be retained for open space. Systemsof publicly owned land will be designed toprovide the necessary linkage and continuityto protect or increase values for human usesand wildlife movements. In some places, largeareas may be retained to provide adequateterrestrial habitat.

3. Protection and Enhancement of ScenicFeatures. The state generally will retain inpublic ownership unique natural features suchas cliffs, bluffs and waterfalls, and foregroundopen space for panoramic vistas. Public ac-cess to such amenities will also be preserved-

Unusual land forms or scenic features will beretained in state ownership for enjoyment anduse by the public. Such lands include islandsin rivers or lakes unless land disposals can bedesigned to prevent negative effects on thescenic and recreational values of the area.

4. Protection and Enhancement of Recrea-tional, Educational, and Cultural Oppor-tunities. Project the need for and retainappropriate areas for outdoor recreation,trails, campsites, boat launches, historic sites,and areas for scientific study. Areas for inten-sive and dispersed use will be preserved. (Seealso Cultural Resources guideline B-3, page 2-9 regarding cultural resource surveys for landofferings.)

5. Protection of Subsurface Resources.Generally settlement areas designated by thisplan avoid areas with high mineral potential,mining locations in good standings, existingcoal leases, or moderate to high coal potentialas defined in 11AAC 85.010.

6. Protection of Material Sources. General-ly if a designated settlement area containssand and gravel deposits, rock sources orother similar, high value material resources, apit area will be identified before land offeringsand retained in public ownership for futureuse.

D. Design

1. Provision of Public Land for Communities.Project the need for and retain appropriategreenbelts, public-use corridors, personal-usewoodlots, buffer areas, commons, buildingsetbacks, sites for schools, gravel pits, roads,parks, and other public facilities such as sewertreatment plants and health clinics, and otheropen spaces to help create a desirable land usepattern in developing areas.

2. Cost of Public Services. In accordancewith AS 38.04.010, DNR will attempt to guideyear-round settlement to areas where servicesexist or can be provided with reasonable effi-ciency. State land that is located beyond therange of existing schools and other necessarypublic services or that is located wheredevelopment of sources of employment is

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improbable will be sited and designed to en-courage seasonal use with sufficient separa-tion between residences so that public serviceswill not be necessary or expected. Wildfiremanagement costs that result from settlementwill be considered and minimized to the extentfeasible.

3. Provision of Access. The State will ensurethat legal, practical public access (landingareas, rivers, trails, or other options most ap-propriate to the particular situation) is iden-tified and reserved within land offerings.

Within land offering areas made availablethrough random staking or predesignatedsites, section line or other easements shouldnot be relied on for access without field in-spection of the practicality of the route. Iden-tified access will be described in the landoffering brochure. Where needed to reducethe likelihood of conflicts with existing privateowners, DNR may brush or flag public accessroutes to land offering projects.

When they exist and where DNR proposes asubdivision, DNR will comply with the ap-plicable provisions of local government sub-division ordinances, including thoseconcerning capital improvements. Where nosubdivision ordinance is in effect, DNR willensure actual physical access is available orcan be developed (road, air, or water) to eachnew state subdivision project. The depart-ment will evaluate the need to construct newaccess to a subdivision case by case.

4. Personal Use of Nearby Resources. Oneof the considerations in deciding the location,size, and design of land disposal projects willbe the nearby supply of resources such asfirewood and houselogs and the expecteddemand from people who will own the parcels.Where it is anticipated that land recipients willwant to use timber resources, nearby woodlotsmay be retained instead of selling individualparcels large enough to meet the personal usedemands of the owner. This would providesome nearby public land on which firewoodand houselogs can be gathered while keepingopen options for other uses of those landswhen access develops or new demands areidentified.

5. Subdivision Design. If subdivisions areoffered, they will be designed to preserve andenhance the quality of the natural setting andthe recreational opportunities that make anarea attractive to potential buyers.

The following slope and lot size standardsshould generally be applied in state sub-divisions, assuming that the parcels have beenreviewed and approved as required byDepartment of Environmental Conservation(DEC) regulations:

Percent Average Slope Minimum Lot Size

0-1213-2021-30greater than 30

1 acre4 acres

10 acresNo development

Other procedures and standards for sub-division design will be as set forth in "Designof Residential and Recreational Subdivi-sions," in the Division of Land and WaterManagement's Policy and ProceduresManual.

6. Boundaries of Settlement Designations.Boundaries of land use designations shown onthe maps in Chapter 3 may be modifiedthrough on-the-ground implementation ac-tivities -- for example, site planning for dis-posals -- if the modifications adhere to themanagement intent for the subunits affected.

7. Easements. Easements will be used as onemeans to acquire rights through privatelyowned lands needed for public use.

Easements generally will not be used to retaina public interest in lands within a subdivision.Instead, DNR will generally retain such landsin public ownership. Exceptions to this policymay be made where the interest protected isvery limited such as for local pedestrian accessthat is not part of an integrated neighborhoodor community trail system. This policy willminimize confusion between public use andprivate ownership rights.

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E. Other Guidelines Affecting Settlement.Several other guidelines may affect settle-ment. See the following sections of this chap-ter:

AgricultureCultural resourcesFish and wildlife habitatForestryLakeshore managementMaterialsPublic accessPublic and commercial recreation resour-

cesStream corridors and instream flowSubsurface resourcesTrail managementTransportationWetlands management

Land Allocation Summary___Background. Approximately 590,000 acresof state-owned or state-selected land havehigh suitability for settlement, or 4 percent ofthe total state-owned or state-selected area.These are lands with closed forests or openwoodlands of white spruce and hardwoodsthat have some access by boat, plane, or road,or by trail from a nearby community. About1.3 million acres -- remote forested lands orshrublands near access -- have low settlementsuitability. Most high and moderate suitabilitylands are along the major rivers or in the val-leys of the Alaska Range.

Designated Settlement Areas. Fourteenareas are designated for offering for privateownership over the next twenty years. Theseareas were chosen for the following reasons:

1. They offer attractive sites capable of sup-porting residential or private recreation use.

2. They have some present access, or areaswhere access could be developed with relativeease in the future.

3. Most of the land is state-owned; in someareas that are highly desirable for settlement,the land is state-selected.

4. Conflicts with fish and wildlife habitat,forest management, public recreation, mini-ng, and other public uses are less than in otherparts of the region that are capable of support-ing settlement. However, because so much ofthe land suitable for settlement also is valu-able for other uses, conflicts with other landuses inevitably exist on some of these areas.

5. There is Likely to be public interest in dis-posal of the unit.

The disposal areas in the Kuskokwim Plancover a total of approximately 372,000 acres,or 2.3 percent of the state-owned and selectedlands in the region. Of this total, a net area ofabout 33,855 acres will be offered for privateownership. The project areas include ap-proximately 55,700 acres of high suitabilityland, 68,000 acres with moderate suitability,and 55,100 acres rated low suitability.

There are disposal sites throughout theregion, but the greatest number of sites areconcentrated in the McGrath area and alongthe Kuskokwim River between McGrath andStony River. These sites are designed torespond to interest in land sales from resi-dents of the McGrath area, to provide sites forcommunity expansion in and adjacent to thiscommunity, and to provide private recreationsites along the main river and the SterlingLanding Road for both local residents andother Alaskans. Two disposals are locatednear the communities of Aniak and Sleet-mute. These are designed to make addition-al private land available near thesecommunities if other landowners do notprovide opportunities for private use or ac-quisition of land in the future. In response torequests for settlement lands near Red Devil,a new state selection is proposed along FullerCreek with intent to offer land for sale if it isconveyed to slate ownership. Several dis-posals are located in the Alaska Range toprovide private recreation opportunities inaccessible and very scenic areas. Offeringsnear Boundary Lakes, and along the NorthFork, and Snohomish Hills areas provide sites

2-38 Settlement

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for private recreation or residential use inmore remote areas.

In addition, five areas totaling 107,900 acres,are given "Resource Management" as theprimary designation. Of this total, ap-proximately 12,150 acres are suitable for set-tlement. Resource management areas havehigh value for both settlement and other sur-face uses. Because of potential conflicts be-tween current uses and sale of land for privateownership, these areas will not be included inthe lists of lands available for disposal nordesignated with settlement a primary use.

However, they have some of the highestpotential for settlement of any state land inthe planning area. They will be kept in publicownership in the near term; when the plan isupdated -- approximately every five years --they will be reevaluated to determine whetherthey should continue to be retained in thepublic ownership, or offered for sale.

The areas designated for land offerings orresource management in the KuskokwimArea are listed in Table 2.5.

Table 2.5. Gross and Net Acreage of Kuskokwim Area Land Disposalsand Resource Management Areas.

Name

North ForkAppel IISelatnaMcGrath TownsiteVinasaleNunsatuk NorthDillinger RiverBig River ReofferBig River SouthMt. Rich Addn.Boundary LakesSleetmute NorthFuller CreekAniak-Doestock

TOTAL

Subunit Name

North Fork laKuskokwim River 5bKuskokwim River 5fKuskokwim River 5cKuskokwim River 5eKuskokwim River 5gNorth Alaska Range 13eNorth Alaska Range 13bNorth Alaska Range 13cNorth Alaska Range 13dHolitna River 15fHolitna River 15eHolokuk-Oskawalik R. 16cAniak River 17d

GrossAcreage

39,000 ac.16,300 ac.33,300 ac.

55 ac.27,500 ac.23,000 ac.46,000 ac.

104,800 ac.9,000 ac.

14,000 ac.15,400 ac.16,000 ac.18,600 ac.9.000 ac.

NetAcreage Ownersh ip

800 ac.3,000 ac.5,000 ac.

55 ac.5,500 ac.4,600 ac.4,600 ac.1,200+ac.1,400 ac.2,100 ac.1,400 ac.2,200 ac.

600 ac.1.400 ac.

StateNS/SSSt.; NS/SSStateNS/SSSS; NS/SSStateStateStateStateStateSS/NS; SSProp.Selec.State

371,955 ac. 33,855+ ac.

Resource Management AreasCandleNunsatukDishnaIditarodGagaryah

TOTAL

Kuskokwim River 5dKuskokwim River 5hDishna-Iditarod 8aDishna-Iditarod 8bS. Alaska Range 12b

10,900 ac.6,200 ac.

30,700 ac.14,700 ac.45.400 ac.

2,400 ac.750 ac.

3,100 ac.2,200 ac.3,700 ac.

107,900 ac. 12,150 ac.

SSStateStateStateState

Settlement 2-39

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Settlement 2-41

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ILake

Minchumin

tanarT"Area

ena'li NatInnoko National Wile life Refu

kwlm Area

eward Merrdian

SusltnaArea

IQGkgdLCreeis

nuathbalu

NallonalusltnArea

Kuskokwim Area Plan

LakecQiarkBristol Bay Area Pla

.!..0 6 12 18 24 50

Settlement AreasMAP 2.3

SETTLEMENT AREAS

Future State Land OfferingsActual acreage planned for sale variesfrom 5-30 percent of the area shown.

Past State land OfferingsAdditional land available. In this area aportion of the developable land is avail-able for additional settlement.

Past State Land OfferingNo additional disposal. In these areasmost lands suitable for development hasalready been sold.

Resource Management AreasThese areas will be kept in public owner-ship in the near term. When the plan isupdated they will be reevaluated to deter-mine whether they should be kept inpublic ownership or offered for sale.

Management Unit Boundary

Subsurface Resources. Land scheduled forhomesteading and subdivision sale will beclosed to mining and mineral location at theend of the first year of the Land AvailabilityDetermination (LADS) process (that is, ap-proximately 2 years before the anticipatedland sale). Those portions of the area withfew or no homesteads after staking may, bereopened to mineral entry and location.

Scale in Miles