Cantwell Access Issue - Affidavit Attached

[john]

The following is a request from F&W for some input. We (FST) use these 2 trails on multiple occansions during a normal season. Please keep an eye on this post, we will be drafting a letter that members may print off, sign as appropriate and send in to BLM and / or F&W.

The Alaska Department of Fish and Game is interested in contacting members of the public who have knowledge about, or a history of use, of 2 specific trails in the Broad Pass/Summit Lake area southwest of Cantwell. BLM previously requested easement nominations for lands to be conveyed to AHTNA and the Village of Cantwell under provisions of the Alaska Native Claims Settlement Act, and has received numerous proposals from the public and government agencies for easement reservations across the proposed conveyances. BLM & ADF&G are not looking for new proposals at this time.

The purpose of this information request is to get notarized affidavits regarding use of the trails to support the nomination of these, and potentially other trails in the area for reservations as public easements. Sometimes the ability to provide such documentation can make the difference between a proposed easement being reserved or rejected. Also, in the case of an easement reserved by BLM being contested by the village or regional corporation, affidavits of use can be helpful in fighting off the challenge to the easement reservation. ADF&G would like to get a head start on documenting public use in case affidavits are needed.

At this time, the two trails of particular interest to ADF&G are depicted on the attached map. (A .pdf version of this map in a higher resolution form can be sent at your request, I kept the file small to not bog down your mail box) The “names” associated with the trails on the map are the designations used in the BLM 17(b) easement process, not necessarily the familiar names used by locals or frequent users. The trails are labeled “5h D1, L” and “104 L”. BLM’s notation system uses numbers and letters in combination to denote the easement number and the sponsor or sponsors who submitted the easement request. The presence of an “L” in the notation stands for the General Public, so I assume that there was input from members of the general public for both.

To view a map showing all the easements proposed for the area, and the location of the land being conveyed go to http://www.blm.gov/pgdata/etc/medialib/ ... nt_Map.jpg

Please show this request to your membership and if any members have use information or questions have them contact me at stanley.walker@alaska.gov or 907-267-2329. After November 1, 2009 they should contact jason.cheney@alaska.gov or 907-267-2300. If you have suggestions of other user groups that could possibly provide input please contact one of us as well. Also, if you have information on other trails that we are not working on yet and would like to be contacted in the future, please send Jason Cheney an email at the address above.

HEALY B-56 with easements.gif

[john]

A little more info on this.

It appears that AHTNA is expected to argue about the trail(s) were concerned with and the state is looking for verification that these trails are indeed used and have been used.What they would like / need are notarized affidavits to show our use.

In addition to a person’s use of a specific trail it can be helpful to say why the particular route was used, especially why the chosen route is a more reasonable choice than an already reserved easement in another location. If you can provide an affidavit you can probably get it notarized for free at your bank.

The Affidavits need to be mailed to:

Jason Cheney
Alaska Department of Fish and Game
Sport Fish Region 5
333 Raspberry Road
Anchorage, AK 99518-1565

Were working on getting a copy of an Affidavit that you all can print off and use. Maye the board would consider doing a sign and notarize table at the Nov meeting. Make it some much easier....

[john]

Here is a blank affidavit that you may use.

http://www.snowtravelers.org/files/Cant ... idavit.pdf

[paulneva]

John,

Paragraph 6 in the affidavit is not true and Ahtna would get us on that.

Paul

[mit]

I'm still skeptical of the motive behind fish and game. Why would they be only concerned with two trails? They should be concerned about assuring public access through all of Ahtna property or any another new corp. or private property. Why aren't they? Or are they?

[REVITUP]

The affidavit is a draft only and whoever uses it can change any portion/portions they wish. It was originally drafted for the Fish Creek area so some parts have already been altered to use it for the Cantwell area. Fish and Game's interest in this, as explained to me, is that being a state entity, they should have been interested and involved in any land allotments because they are in the business of protecting hunting and fishing rights as well as managing the fish and game. That includes public access to areas of state land. They should have always had someone designated to do this but the issue wasn't as big as it is now. Hope this helps explain their reasons.

[john]

I have modified the verbiage on the boilerplate Affidavit, but still suggest folks modify it as they wish. It is now specific to the 104 L Trail (Broad Pass to Caribou Lakes).

Some clarification; the land transfer was / is conducted by BLM. State dept's that may have concern on specific access routes had to go through the same process we did, i.e. submit access trails of interest to BLM for determination. All the access trails that were submitted were then reviewed by BLM and AHTNA and a compromise was reached, at least in theory. F&W's has expressed that they believe these 2 trails (104 L and 5h D1) will / may be contested for selection and are looking for verification from folks who have used the trails.

ASSA went through something similar with Nat'l Parks on our rights to even ride in the Broad Pass area.

As for myself, I have been riding in the Cantwell area since 1984 and hate to see this type of limitation placed on our ability to access the areas "outside" AHTNA lands. That is what is at stake, not riding on AHTNA lands, but access through their strip of land to state and fed lands were riding has been going on for years and is still legal.

[paulneva]

More on the 17(b) trails.

The trails we are most interested in are 104 L east of the Parks Highway and 128 L west of the Parks Highway. From the airfield at mile 201.2, 104 L goes east across Ahtna lands to other 17(b) trails and on to the Caribou Lakes. From the airfield at mile 201.2, 128 L goes west across Ahtna lands into the new National Park lands that we ride in. This has been our route to the Dunkles. While 128 L is probably more important to us, it is 104 L that ADF&G thinks Ahtna will contest because there are four other 17(b)s giving access to the Caribou Lakes.

At mile 194.3, where the Parks recrosses the railroad tracks, 3a C5 L goes to Caribou Lakes. For four wheelers in the summer that is probably OK, but in the winter there is no place to park there. It is of no use to us. Additionally, there are three 17(b)s from the Denali Highway to the Jack River and a 17(b) up the Jack River Valley all the way to the Caribou Lakes.

Parking is really the issue. There is lots parking at the airfield and at the pullout at mile 201, 0.2 miles from the airfield. There is no winter parking at mile 194.3.

Hope that helps.

Paul

[john]

Since we did discussed this at the last membership meeting, I just thought I'd let the new folks know where this was posted and the affidavit was available.

Maybe I need to add a special spot on the front page for items like this and the Goldstream Valley concerns we talked about, what do you all think ?

[paulneva]

"Front page"? If it were up to me I would not put it there. You have a well organized website. It is easy to find what one is looking for. But that is just my opinion.

Paul

[REVITUP]

I would have to agree with Paul. The website is easy to navigate as it is now.