HomeMy WebLinkAboutA Basic Guide for City & Village Councils 1989
GETTING STARTED ON
14(c)(3)
A Basic Guide for City and Village Councils
June 1989
State of Alaska
Steve Cowper, Governor
Department of Community and
Regional Affairs
David G. Hoffman, Commissioner
ACKNOWLEDGEMENTS
Prepared by: Municipal and Regional Assistance Division
Marty Rutherford, Director
Project Manager: Richard Atuk-
Authored by: Richard Atuk
Robert Aiken
Editorial Committee: Richard Atuk
Robert Aiken
Michael Black
Graphics Production
and Layout: Bruce Webb
Judy Hargis
Word Processing: Judy Hargis
A special thanks to the following individuals who reviewed the handbook:
Midge Clouse, Nelda Warkentin, Rick Elliott, John Gliva
GETTING STARTED ON 14(c)(3)
CONTENTS
Foreword
Introduction
I. GETTING TO KNOW 14(c) Background
Overview of 14(c)
14(c)(1), 14(c)(2),
14(c)(3), 14(¢)(4)
Alaska Native Claims Settlement Act
Looking at the language of 14(c)(3)
Who receives 14(c)(3) lands?
How much acreage is the city entitled to?
What land can the city receive under 14(c)(3)?
DOING 14(c)
Why do 14(c)(3)?
When to do 14(c)(3).
Why 14(c) decisions are important.
How to do 14(c)(3).
Meeting community needs
Planning for 14(c)(3)
Getting started
How do you make a 14(c)(3) planning map?
14(c)(3) requires mutual agreement
A written agreement is best
Map of boundaries
Notice of filing map of boundaries
Plan of survey
Survey and deeds
. SPECIAL TOPICS
How can the city get permission to use land before a 14(c)(3) agreement is reached?
What liability do council members have in 14(c)(3) decisions?
What liability do cities have as landowners?
How about land for houses?
How do federal townsites affect 14(c)(3)?
How about Native allotments?
What about payment for 14(c)(3) land?
What are reverter clauses?
What about other restrictive clauses?
Glossary
APPENDIX - How large are communities?
Addresses and phone numbers ANNNAN FP PW
FOREWORD
This handbook is a basic guide to assist city and village councils and their staff on
Alaska Native Claims Settlement Act (ANCSA ) 14(c)(3) decisions. It will also help
members of village corporations make decisions regarding 14(c)(3).
The handbook covers the major points a policy maker needs to understand about
14(c)(3). Tokeep this document as short as possible, many of the technical details
of preparing and submitting a 14(c)(3) proposal are not covered. If you are
interested in more technical information, we suggest reading:
* The Alaska Native Foundation (ANF) handbook Village Land Reconveyance
Planning: A Handbook on ANCSA Section 14(c). It provides excellent
coverage on 14(c)(1), (2), (3), and (4).
* Community Planning for ANCSA 14(c) Land Reconveyance. It provides
detailed guidelines for land planners and other staff working on 14(c)(3).
These documents were sent to your community. They should be available in the city
office and at the village corporation. Contact the Department of Community and
Regional Affairs for copies of Community Planning for ANCSA 14(c) Land Recon-
veyance. Contact the Alaska Native Foundation for Village Land Reconveyance
Planning: A Handbook on ANCSA Section 14(c).
Note: You may find some terms in your reading of this
document that are difficult to understand. We
have highlighted most of these terms and de-
fined them in the glossary in the back of the
handbook.
INTRODUCTION
ANCSA established the right of village corporations to lands in and around their
villages. It also required village corporations to make some of this land available to
individuals and organizations occupying the land on December 18, 1971 but
without ownership papers.
ANCSA also required village corporations to provide land for present needs and
future expansion of the community. The village corporation’s duty to transfer land
for community needs is explained in Section 14(c)(3).
This handbook discusses Section 14(c)(3) - the land reconveyed toa city, or the “State
in trust” for a future city. This is land for public purposes such as roads, schools,
clinics, community recreation, etc.
ss “State in trust” - what does this mean? =
In unincorporated villages, ANCSA 14(c)(3) land must be
transferred tothe State. The State holds the land in trust until
a city is established. After a city is formed, the State
transfers all trust land to the new city.
The responsibility for accepting and administering municipal
trust land was assigned to the Department of Community and
Regional Affairs by State law (AS 44.47.150). The Municipal
Lands Trustee (MLT) Program in the Municipal and Regional
Assistance Division performs the functions required by federal
and State law.
The operation of the MLT Program is guided by administrative
regulation (19 AAC 90.) These regulations contain requirements
for accepting land transferred under ANCSA 14(c) (3).
The MLT Program consults local residents to identify ANCSA
14(c) (3) land. This may be through village meetings or through
a representative group speaking for the village. The
representative group is called the “appropriate village entity”
(AVE). After 14(c) (3) land is conveyed to the State in trust,
land management decisions are made with advice from the local
people. The Municipal Lands Trustee must receive approval from
ae AVE before making land decisions. )
I. GETTING TO KNOW 14(c)(3)
Background
When Europeans settled in what is now the continental United States, they estab-
lished their own land laws. As a result, Native people were removed from their
traditional lands and confined to reservations.
By contrast, Russia did not settle Alaska. They already had a large land base and
were mainly interested in harvesting natural resources. In 1867, Russia sold her
claim to occupy Alaska to the United States. In the Treaty of Cession, the United
States and Russia agreed that Natives were subject to laws and regulations of the
United States.
The first Alaska land law, the 1884 Organic Act, states in part:
...the Indians or other persons in said district shall not be disturbed in
the possession of any lands actually in their use or occupation or now
claimed by them but the terms under which such persons may acquire
title to such lands is reserved for future legislation by Congress...
The Act established the difference between Native land policy in Alaska and the
policy in the lower 48 states. The United States did not move Alaska Natives to
reservations; Congress recognized Native claims to the land. These claims remained
unsettled until ANCSA.
In the meantime, other laws were passed (Native Allotment Act and the Homestead
Act ) establishing individual land ownership for individual Natives and non-
Natives under U.S. law. The Native claims mentioned in the Organic Act remained
unsettled. Statehood was followed by State land selections and increased resource
use, including the discovery of oil. The need for clear ownership of the land for the
Alaska pipeline resulted in a settlement of Native claims. When Congress passed
ANCSA in 1971, the land claims of the Alaska Natives established more than 100
years earlier were finally settled.
Natives, as a group, received ownership or title to lands through transfer of title to
regional and village corporations. However, individual village residents still did
not have title to the land their homes were on, and few village governments owned
the land used for public purposes. Congress recognized the need for land title for
occupants of village lands. To accomplish this, ANCSA provided that village
corporations get ownership ( interim conveyance or patent ) to the available lands
and then provide title to parcels used by qualifying individuals and organizations.
Overview of 14(c)
ANCSA provides title to individuals and organizations through 14(c). Village
corporations received title to the surface estate; regional corporations received title
to the subsurface estate. Since 14(c) applies only to village corporations, individu-
als and organizations receive title only to the surface estate.
14(c) has five sections - only the first four apply today. The four sections, described
below, identify the individuals and organizations that can receive land from the
corporation under 14(c). These include:
14(c)()
Claims by individuals, either Natives or non-Natives, who occupied lands as
of December 18, 1971, for:
-residences,
-businesses,
-campsites,
-reindeer husbandry.
The transfer of land is made without payment (consideration).
14(c)(2)
Claims by nonprofit organizations who occupied lands as of December 18,
1971. The village corporation may charge or require payment for the land. If
payment is required, it must not be more than the fair market value of the
land as it existed when the organization first occupied it. The fair market
value must be based on land value without structures or other improve-
ments.
aA
WHO_RECEIVES _14(c) LAND _ FROM_ VILLAGE RPORATIONS?
14(c)(1): INDIVIDUALS
@ Reindeer headquarters sites
14(c)(2): NON-PROFIT ORGANIZATIONS
@ Charitable
organizations
@ Fraternities
@ Civic organizations
14(c)(3): CITIES OR FUTURE CITIES
@ Present public buildings and facilities
@ Forseeable community needs
14(c)(4): FEDERAL, STATE or
MUNICIPAL GOVERNMENT
@ Airports @ Airway Beacons
@ Navigational Aids
@ Related Services
@ Easements to Insure
Safe Approaches
ALASKA NATIVE CLAIMS SETTLEMENT ACT
(As amended by Alaska National Interest Lands Conservation Act)
SECTION 14(c)
14(c) (1)
Upon receipt of interim conveyance or patent, whichever comes earlier, ... "The
village corporations shall first convey to any Native or non-Native occupant,
without consideration, title to the surface estate in the tract occupied as of
December 18, 1971, as a primary place of residence, or as a primary place of
business, or as a subsistence campsite, or as a headquarters for reindeer
husbandry."
14(c) (2)
Upon receipt of interim conveyance or patent, whichever comes earlier, ... "The
village corporation shall then convey to the occupant, either without
consideration or upon payment of an amount not in excess of fair market value,
determined as of the date of initial occupancy and without regard to any
improvements thereon, title to the surface estate in any tract occupied as of
December 18, 1971 by a nonprofit organization."
14(c) (3)
Upon receipt of interim conveyance or patent, whichever comes earlier, ... "The
village corporation shall then convey to any Municipal Corporation in the Native
village or to the State in trust for any Municipal Corporation established in
the Native village in the future, title to the remaining surface estate of the
improved land on which the Native village is located and as much additional land
as is necessary for community expansion, and appropriate rights-of-way for public
use, and other foreseeable community needs: Provided, that the amount of lands
to be transferred to the Municipal Corporation or in trust shall be no less than
1,280 acres unless the Village Corporation and the Municipal Corporation or the
state in trust can agree in writing on an amount which is less than one thousand
two hundred and eighty acres: Provided further, that any net revenues derived
from the sale of surface resources harvested or extracted from lands reconveyed
pursuant to this subsection shall be paid to the Village Corporation by the
Municipal Corporation or the State intrust: Provided, however, the word "sale,"
as used in the preceding sentence, shall not include the utilization of surface
resources for governmental purposes by the Municipal Corporation of the State
in trust, nor shall it include the issuance of free use permits or other
authorization for such purposes;"
14(c) (4)
Upon receipt of interim conveyance or patent, whichever comes earlier, ... "The
Village Corporation shall convey to the Federal Government, State or to the
appropriate Municipal Corporation title to the surface estate for airport sites,
airway beacons, and other navigation aids as such existed on December 18, 1971,
together with such additional acreage and/or easements as are necessary to
provide related governmental services and to insure safe approaches to airport
runways as such airport sites, runways, and other facilities existing as of
December 18, 1971;"
14(c)(3)
Land needed by the city for present and future public land uses.
14(c)(4)
Land for airport sites and related navigational aids and easements as they
existed on December 18, 1971, and additional land or easements for related
services and approach zones. Title can go to the federal government, State,
city, or borough.
Looking at the Language of 14(c)(3)
Who receives 14(c)(3) lands?
If the community is a city, it receives title to the 14(c)(3) land. If the community is
unincorporated, the State in trust holds title for the future city.
How much acreage is the city entitled to?
ANCSA originally required the conveyance of 1,280 acres under Section 14(c)(3).
ANILCA, passed in 1981, changed the requirement to:
...the amount of lands to be transferred to the municipal corporation shall
be no less than 1,280 acres unless the Village Corporation and the
Municipal Corporation or the State in trust can agree in writing on an
amount which is less than one thousand two hundred and eighty acres...
The change created confusion. Some village corporations conveyed 1,280 acres or
more to a city before 1981. Some corporations chose to transfer 1,280 acres or more
after 1981 for their ownreasons (for example, mergers of village corporations caused
some local residents to view 14(c)(3) as a way to keep land in local control).
People involved with 14(c)(3) before ANILCA was passed may continue to believe
that the 1,280 acres requirementis stillin effect. However, the law has been changed,
anda conveyance of less than 1,280 acres can be made if both parties agree in writing.
Most 14(c)(3) conveyances are between zero and 1,280 acres.
ee
The most important factor in determining the acreage to be transferred is the
agreement of both parties on what land is to be conveyed and for what purposes. @
Don’t get hung up on acreage. The courts or anyone else probably would not get
involved in cases where the city and the corporation agree upon the land and acreage
involved.
What land can the city receive under 14(c)(3)?
Section 14(c)(3) spells out the land to be reconveyed as:
...title to the remaining surface estate of the improved land on which
the Native village is located and as much additional land as is
necessary for community expansion, appropriate rights-of-way for
public use, and other foreseeable community needs,... Provided
further, that any net revenue derived from the sale of resources
harvested...shall be paid to the Village Corporation...
Let's look at what this means: @
@ ..the remaining surface estate of theimproved land on which
the Native village is located...
Improved land may be defined as:
..the land conveyed under ANCSA to village corporations
which is so changed from its natural state through valuable
additions made to the land or through regular use by the
residents of the village...
(Municipal Trust Land Regulations [19.AAC.90.990(5)])
This is a guide to identify the improved land to be included in the 14(c)(3)
conveyance. Examples of improved lands include lands with:
- community buildings, - sewage lagoons,
- cemeteries, - garbage dumps, @
- water storage tanks, - and similar public uses.
=< si
Typical Community Easments
and
Right of Ways
@ ... as much additional land as is necessary for community
expansion...
This is land that communities need for future projects and activities. Asa
community grows it will need land for public use.
ANCSA does not define “community expansion”. The city and the village
corporation estimate this expansion. The city can propose land needed for
expansion and negotiate for that land. For example, there may be an existing
housing project to take care of present needs but there are still many young
people in the community who will need new housing in the future. The city
may propose this future housing site and a road right-of-way as 14(c)(3) land.
ees
@ ...appropriate rights-of-way for public use...
A right-of-way is a right of passage over another landowner’s ground. They
include:
- roads,
- trails,
- utility poles,
- sewer and water lines, and
- other public use.
Rights-of-way should include existing roads and trails and may include
future roads and trails. Refer to Community Planning for ANCSA 14(c) Land
Reconveyances for more information on rights-of-way.
@ ...and other foreseeable community needs...
A foreseeable need can be seen or known in advance. They are identified by
the city and may be agreed to by the corporation. For example, the commu- @
nity may recognize there will be a need for a land fill. A suitable site can be
identified as a foreseeable need.
@ ...provided further, that any net revenues derived from the sale of
resources harvested...
If the city sells the timber or harvests other surface resources from land
received under 14(c)(3), profits from the sale must go to the village corpora-
tion. Timber or other surface resources may be used for public purposes (to
build a community hall, for example) without payment to the village corpo-
ration. Remember, the regional corporation owns the gravel and other
subsurface resources and the city has no right to these resources for any
purpose without the owner’s consent.
= 10 2
II. DOING 14(c)
WHY DO 14(c)(3)?
Because it is required by federal law. The requirement is set by law and goes with
the land title to the village corporation. Until 14(c) is addressed, there will be a
"cloud" on that title. This does not mean that 14(c)(3) is only the corporation’s
responsibility. The city must participate in the process to arrive at a mutually
agreeable proposal.
The following is an excerpt from a typical interim conveyance (IC) document
granting land to a Village Corporation. Section 3 of the IC document clearly
establishes the obligation of the village corporation to complete the 14(c) transfers.
SS eS SS ae
THE GRANT OF THE ABOVE-DESCRIBED LANDS IS SUBJECT TO:
1. Issuance ofa patentafter approval and filing by the Bureau of Land Management
of the official supplemental plat of survey confirming the boundary description
and acreage of the lands hereinabove granted;
2. Valid existing rights therein, if any, including but not limited to those created by
any lease, contract, permit, right-of-way, or easement, and the right of the lessee,
contractee, permittee, or grantee to the complete enjoyment of all rights, privi-
leges, and benefits thereby granted to him. Further, pursuant to Sec. 17(b)(2) of
the Alaska Native Claims Settlement Act of December 18, 1971 (ANCSA), 43
U.S.C. 1601, 1616(b)(2), any valid existing right recognized by ANCSA shall con-
tinue to have whatever right of access as is now provided for under existing law;
and
3. Requirements of Sec. 14(c) of the Alaska Native Claims Settlement Act of
December 18, 1971, 43 U.S.C. 1601, 1613(c), as amended, that the grantee
hereunder convey those portions, if any, of the lands hereinabove granted, as
are prescribed in said section.
ili. nate ih he catia (iene eee oie. eee
he
The village corporation should take care of its 14(c) obligation to:
* Clear the "cloud" on village corporation land. Until 14(c) is done, the village
corporation lands might have claims on them. Corporations could develop
projects on land someone else may claim.
* Determine land ownership so projects may be planned. The corporation
and the city need to know where their land boundaries are before projects can
be planned, located, and developed.
* Provide for needs of shareholders and residents. Shareholders and residents
may need title to their land to improve their structures.
* Do the task while most of the people in the community in 1971 are still
around. Some of the 14(c) subsections have a vesting date of December 18,
1971. It may be more difficult to recall the situation that existed if many
witnesses have moved away or died.
WHEN TO DO 14(c)(3).
ANCSA did not set a time frame for doing 14(c). The village corporation must take
positive action to start the process. The city must be prepared to participate in the
process.
People generally agree that the order and wording of 14(c) means that 14(c)(3) lands
are selected from village corporation land remaining after 14(c)(1) and (c)(2) claims
are settled. Valid (c)(1) and (2) claimants have rights that can be protected by courts.
These claims come before any other claims. Improved land left after 14(c)(1) and (2)
claims are settled is available for 14(c)(3) selection (although planning for 14(c)(3)
lands can be done before (c)(1) and (c)(2) selections are finalized).
210s
Y WHY 14(c) DECISIONS ARE IMPORTANT.
* Land ownership boundaries are established. Ownership boundaries identify
land an individual can control or use without permission. These boundaries
establish legal access to individual and community land.
* Corporations and cities review their management and land plans. These or-
ganizations usually define their goals and purposes to determine land needs
for 14(c)(3). They then make plans to reach their goals. Structures, landfills,
and other projects involving land are important parts of the plan.
* Communities plan for their future. People in the community organizations
have a chance to “design” their future community and plan for what the
community will be like.
@ HOW TO DO 14(c)(3).
Before you start the 14(c) process, keep four important points in mind:.
1. Section 14(c) is federal law. It cannot be taken lightly. Village corporation
lands remain subject to its provisions until the 14(c) claims are satisfied.
2. ANCSA allowed the individuals enrolled to villages to incorporate as either
profit or non-profit corporations. Villages incorporated as profit corpora-
tions. So, by State law, they havea duty to make a profit for their sharehold-
ers. This usually means the village corporation may want to keep some of
the same land the city wants.
3. Only lands selected and conveyed by patent, or interim conveyance, to the
village corporation are subject to 14(c). These are the only lands where 14(c)
claims can exist.
-13-
4. Before the city (this does not apply to unincorporated communities) acquires
or disposes of land it must have a land ordinance in place. Alaska Statute
29.35.090 states:
... The governing body shall by ordinance establish a formal pro-
cedure for acquisition and disposal of land and interests inland by
the municipality. ...
This means that the city must, before receiving or disposing of 14(c) lands, develop
a land acquisition and disposal ordinance.
Meeting community needs
Community members should know the powers and purposes of their cities (or the
State in Trust) and the village corporations to understand their roles in the 14(c)(3)
reconveyance process. Cities and corporations both serve local needs and interests.
By understanding the powers and purposes of each, the community can decide
which one can best meet the various needs of the community. For example, the city
can get government grants to build a fire hall but the village corporation cannot. On
the other hand, the corporation needs land for their businesses, such as a retail store,
that a city is not normallydesigned to own and operate. The city and the village
corporation will need land: the city for its fire hall; the village corporation for its
store.
The status of land ownership after land decisions are made is another major factor
in deciding which lands should be transferred. The corporation is a private organi-
zation and may restrict use of its lands. The city must allow any resident access to
lands and facilities open to the public.
Planning for 14(c)(3)
You must have an idea of whatstaff time and other resources are needed to complete
the tasks of 14(c)(3). In some cases existing staff can do the job. In other cases,
additional help will be needed. The Department of Community and Regional
Affairs will assist you in estimating resources needed and in planning for 14(c)(3).
The Alaska Native Foundation is available to assist the corporation.
a
etting started
To make a 14(c)(3) proposal, the city needs to know its land needs and match them
with the land available for 14(c). You must examine land suitability, ownership,
current land use, and plans for community expansion. The best way to understand
the relationship between these factors is to plot the information on a map.
How do you make a 14 lanning map?
* Base map: You need a base map to plot information on. An aerial photo is
the best. It shows existing structures, terrain features, and, more impor-
tantly, is the only map available at a usable scale. The Department of
Community and Regional Affairs can assist you in getting a map.
Draw information on the map or on clear plastic sheets that fit over the base
map (overlays). This allows you to compare several types of information.
Plot information on land ownership, current land use, land suitability, and
‘Secure each overlay
{o base map with
tape x ——— + LE 2 a
future land use.
Registration marks on each corner of base map and
each overiay
Secure base map to
table, board or wail when in use Legend on base map and each overlay to explain symbols
Map Overlay Technique
algae
* Land ownership: Only land received by the village corporation under
ANCSA is available for selection by the city under 14(c)(3). Within these @
boundaries, there may be private land holdings such as Native allotments,
patented mining claims, Federal townsite land, and other land ownerships. i
These parcels are not available for selection.
* Current land use: Identify current land uses including public buildings,
residences, and businesses. These sites may be claimed by someone or
should be selected by the city. Some may be retained by the village
corporation or selected by individuals under 14(c)(1) or (2).
* Land suitability: Identify land suitable for development. Consider such
things as:
- type of soil,
- steepness,
- accessibility (how you get to it),
- whether it is in the flood plain or subject to erosion, @
- sites suitable for projects with special requirements, such as landfills.
These are areas where future development should be located to avoid
problems.
* Future land use: Determine future land needs of the community and
identify areas to meet those needs. Show all planned development — private
and public. If future land needs have not been identified, now is the time to
do so. Consider such development as:
- new housing areas,
- businesses,
- commercial activities,
- community projects, and
- roads and trails.
You should contact all land owners in the community to get this information.
62
Using these maps, you can develop a 14(c)(3) proposal. It will identify three types
of land: rights-of-way, publicly used land, and expansion land.
* Rights-of-way: Include existing roads and trails as well as roads to serve
future development. Identify proposed and existing utility lines.
* Public land: Include land used for public buildings and public uses.
* Expansion land: Include land for future public buildings, facilities, and
services. Include land for future housing if this has been identified as aneed
that the city will meet.
Make sure the proposal does not include 14(c)(1) or (2) claims. Avoid
selecting land needed for the airport, and make sure that private lands have
public access.
14(c)(3) requires mutual agreement
Ideally, the corporation and the city agree to a jointly planned 14(c)(3) conveyance.
When the city, or State in trust, and the corporation work together on the
reconveyance, each benefits from shared information on plans and capabilities.
Each party in the process can influence the final decision. The village corporation
deeds the land over. They will not proceed until they are satisfied with the 14(c)(3)
proposal. The city can influence the agreement because the law requires that any
conveyance of less than 1,280 acres to be agreed to in writing by the city, or State in
trust. Furthermore, any claimant, including the city, not satisfied with the proposed
14(c) conveyance can file suit within one year from the date that the Bureau of Land
Management (BLM) accepts the map of boundaries. Obviously, the 14(c)(3)
process works best if the city and corporation agree. This avoids delay in transfer
of land to individuals and to the city.
og
A written agreement is best
A 14(c)(3) agreement should be in writing. The agreement describes the land and
the terms of the contract. The law requires any agreement for less than 1,280 acres
to be in writing. A written agreement preserves the negotiated results until the
lands are deeded. This means less confusion for new board members, council
members, and staff. Once the parties have agreed on the lands to be conveyed, the
land often will not be deeded until it is surveyed. The agreement allows land to be
used between the time of the agreement and when the land is deeded.
Map of boundaries
The map of boundaries is a picture of the proposal. It is prepared by the village
corporation and submitted to BLM. BLM requires the village corporation to signa
statement that all conflicts concerning property lines shown on the map have been
resolved.
Notice of filing map of boundaries
Following their policy, BLM publishes a notice in the newspaper when the village
corporation files a map of boundaries. If the city is not satisfied, Section 902(b) of
ANILCA allows them up to one year from the date specified in the notice to file a
legal action. BLM’s responsibility is to survey the 14(c) lands from the instructions
given on the map. BLM does not intercede for or against the 14(c) claimants. It is
very important that the city examine the map of boundaries to be sure that the
14(c)(3) claim is accurately shown.
Section 902b says:
(b) Decisions made by a Village Corporation to reconvey land
under section 14(c) of the Alaska Native Claims Settlement Act shall not be subject to judicial review unless such action is initiated
before a court of competent jurisdiction within one year after the date of the filing of the map of boundaries as provided for in regu- lations promulgated by the Secretary.
Plan of survey
When BLM signs the map of boundaries it becomes a plan of survey. The map is
usually signed after the one year period expires and there are no conflicts recorded
in the courts. For more information, read the BLM policy on maps of boundaries. A
copy can be obtained from BLM or DCRA. It is also in the ANF Handbook Village
Land Reconveyance Planning.
Survey and deeds
After the survey is done and BLM approves it, the corporation can issue deeds. This
completes the 14(c) process. Make sure that the deeds are recorded at the State
Recorders Office.
ee er er ee 14(c) Reconveyance Process
14(c)(1) & (2) | |City and Corporation 14(c)(4)
Negotiate 14(c)(3)
| 14( c)(3) Agreement
[Map of Boundaries
Notice of filing Map of Bounbdaries
Plan of Survey
Survey |
Deeds
=n
III. SPECIAL TOPICS
How can the city get permission to use land before a 14(c)(3) agree-
ment is reached?
Sometimes the city needs land before the corporation is ready to complete a 14(c)(3)
agreement. If the city needs land for a project, the corporation can give them
permission to use the land by issuing a deed or a lease.
* Deed: The corporation can give the city a deed as a partial conveyance under
14(c)(3). The deed includes either asurveyed land description, orametes and
bounds description subject to a survey to be performed later. The weakness
is that if the survey done later does not match the description, a new deed
must be issued with the proper description. If the land is surveyed prior to
the deed, it still needs a conforming document. A major problem is the
danger of conveying land that is really a 14(c)(1) claim.
* Interim lease: The corporation can lease the parcel to the city for the life of the
project with a provision that the lease expire ona certain date or when the final
14(c)(3) agreement is reached, whichever comes first. When the final 14(c)(3)
agreement is negotiated, the leased parcel becomes one of the 14(c)(3) parcels.
This can take place faster than issuing a deed and if a 14(c)(1) claim arises, it
is easier to deal with the problem.
- 90°-
What liability do council members have in 14(c)(3) decisions?
Each council member has a special duty to the residents of the community (the
people who voted them in). They are bound by law to do whatis best for the citizens,
and not for their own special interests. If a council member makes a decision based
on their own special interest, they can be held responsible in court. However,
decisions made based on the best information at the time that turn out to be mistakes,
are not cause for liability. If you are a council member and make decisions based on
what you believe to be the best interest of the residents, you have little to worry
about.
What liability do cities have as landowners?
Under normal circumstances, the people using the land are responsible for theirown
safety. Landowners can be held responsible for injury to people on their land if the
landowners create a dangerous situation, or if they are aware of a dangerous
situation and do nothing to correctit. For example, the landowner has an “attractive
nuisance”. This refers to something or some place on the land that a lot of people
use or want to use. A gravel pit (attractive but potentially dangerous for children)
may be an attractive nuisance. The landowner is responsibile for maintaining the
pitin asafe condition or accepting the blame if someone is hurt. Options in this case
are fencing or closing the pit or transferring the property to an organization with
equipment and funds to close or maintain the pit.
How about land for houses?
In some communities, land for houses will be made available by the village
corporation to raise revenue. In other communities, the city may make public land
available at less than market value. Or, the city can transfer free land to a housing
authority for public housing projects. This allows more money for housing, rather
than using funds to purchase land.
Ota
How do federal townsites affect 14(c)(3)?
Communities with federal townsites may find that many of their community land
needs are met by land received from the federal townsite trustee. Section 14(c)(3)
does not say that village corporations in townsite communities have a lesser 14(c)(3)
obligation. However, it is possible that the 14(c)(3)process will show that many of
the land needs are already met.
Townsite Plat
How about Native allotments?
Native allotments are claims to the land that take precedence over the village
corporation’s land selections, including any 14(c) claim the city wants to make.
Many Native allotment claims are not surveyed, so the exact boundaries are
unknown. When selecting land near allotments, take care not to include or come
too close to the allotment.
299%
What about payment for 14(c)(3) land?
ANCSA does not allow payment to the corporation under 14(c)(1), allows it at the
corporation’s choice under 14(c)(2), and does not mention it under 14(c)(3) and (4).
Payment for 14(c)(3) land conveyed to the city has been discussed for some time.
People arguing for payment say the village corporation should be paid for the
14(c)(3) land because it is some of the most valuable land the corporation received.
People arguing against payment say it is unfair to make a city pay for land that the
law requires them to take. (Note: The State in trust for unincorporated villages is
prohibited by regulation from paying for land received through 14(c) from the
village corporation.)
What are reverter clauses?
These are conditions in the deed that require title to “revert” (return) to the previous
owner if the recipient fails to do something required by the deed or does something
not allowed by the deed. 14(c)(3) is silent on the subject although most people feel
that reverter clauses can be put into the deed only if the city agrees. Most reverter
clauses in 14(c)(3) deeds require the city to use the land only for public purposes or
the title reverts to the corporation. Cities in Alaska are required by law to use their
land for public purposes. They can only dispose of land if they determine that it is
no longer needed for public purposes. (Note: The State in trust for unincorporated
villages is prohibited by regulation from accepting reversionary (reverter) clauses
or conditions attached by the village corporation to 14(c)(3) land.)
What about other restrictive clauses?
Other statements prohibiting some actions or events can be put into the deed if the
city agrees. For example, a clause prohibiting subdivision of the property could be
placed in the deed. The only enforcement is through court action. All restrictive
covenants and clauses require court action to be enforced.
SES =
GLOSSARY
The following specialized terms are used in this document. The reader may find
it useful to frequently refer back to these terms.
Acre- A unit of measurement of land that contains 43,560 square feet (about 209 feet
by 209 feet).
ANCSA - The Alaska Native Claims Settlement Act; a law passed December 18,
1971. This law was passed to "settle aboriginal land claims".
ANILCA - Alaska National Interests Lands Conservation Act; alaw passed Decem-
ber 2, 1980 for national lands which also amended sections of ANCSA.
Base map - A map that other maps and overlays refer to in a plan.
“cloud” - Anything which makes it difficult to prove clear title.
Deed - Written evidence of title.
Easement - A right to land that is owned by someone else.
Estate - The interest or ownership that one has in land.
Fair market value - The price of something that is established when a willing
seller makes a deal with a willing buyer.
Federal townsite - A survey of a village by the Bureau of Land Management (BLM).
Parcels in the survey are conveyed by BLM to the individuals living on the parcels
at the time of survey approval, with any remaining land going to the city.
Improved land - Land that has been changed from its original state and made
more valuable by those changes.
Interim conveyance - A document issued to the Native corporations by BLM to
show proof of land ownership until a survey can be done and patent issued.
Tange
Lease - Written permission from the owner of land allowing another to use the land
for a specific purpose and for a specific period of time.
Map of boundaries - A map showing proposed14(c) conveyances which is sent to
the Bureau of Land Management for survey.
Metes and Bounds - old English term meaning distance and direction.
MLT - The Municipal Lands Trustee: the person who is responsible for managing
14(c)(3) land, in those villages that are not cities, that is conveyed to the state in trust
for the future city.
Native allotments - Parcels of land that have been or will be conveyed to indi-
vidual Natives under the 1906 Allotment Act.
Patent - The type of deed that is used when title to land is conveyed from the federal
government or from the state.
Plat - A map of an area showing survey information about that area.
Reconveyance - In ANCSA, a transfer of land to the person or agency qualifying
under 14(c).
Right-of-way (ROW) - A right to cross land for a specific purpose.
Subsurface estate - The interest or ownership that one has in the land below the
surface and everything of value therein.
Surface estate - The interest or ownership that one has in the surface of the land and
everything of value upon it.
Title - The official record which represents ownership in property.
Vesting date - The date when a person gets a legal right to present or future
enjoyment of land.
aie
APPENDIX
How large are communities?
Acres of
Community developed land*
(excluding airstrips)
Bethel 970 (1980 Comprehensive Plan)
Elim 34
Huslia 19
Hydaburg 113
Kotzebue 206 (1976 Comprehensive Plan)
Lime Village 2
McGrath 114 (1981 Comprehensive Plan)
Minto 92
New Stuyahok 50
Nikolai 28
Point Hope 91
Port Lions 13
St. Mary's 126 (Includes Andreafsky)
Stevens Village 26
Unalakleet 153
* Except where noted, acreages were obtained by measure-
ment on community profile or aerial photographs in 1980.
Totals are only-approximate.
2 56
For more information and assistance concerning the 14(c)(3) process
contact:
Department of Community and Regional Affairs
Municipal and Regional Assistance Division
Anchorage
949 E. 36th Ave, Suite 404
Anchorage, AK 99508-4302
Phone: 563-1073
Bethel
P.O. Box 348
Bethel, AK 99559-0348
Phone: 543-3475
Dillingham
P.O. Box 295
Dillingham, AK 99576-0295
Phone: 842-5135
Fairbanks
1001 Noble Street, Suite 430
Fairbanks, AK 99701-4948
Phone: 452-7126
Juneau
P.O. Box BD
Juneau, AK 99811-2110
Phone: 465-4814
Kodiak
710 Mill Bay Road
Kodiak, AK 99615
Phone: 486-5736, Ext. 218
Kotzebue
P.O. Box 350
Kotzebue, AK 99752-0280
Phone: 442-3696
Nome
P.O. Box 41
Nome, AK 99762-0041
Phone: 443-5457
For ANF Handbook contact ANF at:
Alaska Native Foundation
P.O. Box 100278
Anchorage, AK 99510
Phone: 258-7452
2077.3