Land Status
One of the first things the BLM does when starting a new planning effort is determine which lands are under BLM administration and what restrictions currently apply to those lands. Administrative withdrawal orders (withdrawals) legally restrict or prohibit some uses on public lands. Withdrawals are issued, modified, or cancelled through public land orders. Two main kinds of withdrawals apply to the EIRMP planning area: 1) withdrawals legislated under the Alaska Native Claims Settlement Act (ANCSA)17(d)(1); and 2) withdrawals legislated under the Alaska National Interest Lands Conservation Act (ANILCA) and the Wild and Scenic Rivers Act.
ANCSA 17 (d)(1) withdrawals
From 1972 to 1975 the Secretary of the Interior issued a series of public land orders under the authority of the Alaska Native Claims Settlement Act (ANCSA). These public land orders, referred to as ANCSA 17(d)(1) withdrawals, closed the lands to disposal (selling or exchanging lands) and the staking of new mining claims or mineral leases. In so doing, the withdrawals kept the lands unencumbered for selection by ANCSA corporations. The withdrawals also allowed the BLM time to study and classify the lands.
Department of the Interior guidance directs the BLM to inventory and review existing withdrawals during development of resource management plans and to make recommendations to maintain, modify, or revoke each withdrawal. Departmental policy states that “unless exclusive use of the lands is required, lands shall be available for other public purposes to the fullest extent possible consistent with the purpose of the withdrawal.”
Portions of six ANCSA 17(d)(1) withdrawals cover lands within the Eastern Interior Planning Area. These public land orders effectively closed most of the planning area to mineral entry and location under the 1872 mining law, and to mineral leasing under the mineral leasing laws. For more information see also Frequently Asked Questions and the BLM's 2006 Report to Congress about 17(d)(1) withdrawals.
Withdrawals under ANILCA and the Wild and Scenic Rivers Act
Two acts of Congress, ANILCA and the Wild and Scenic Rivers Act, also withdraw lands within the planning area from the mining and mineral leasing laws. These lands include:
- White Mountains National Recreation Area (NRA)
- Steese National Conservation Area (NCA)
- Beaver Creek National Wild River
- Birch Creek National Wild River
- Wild segments of the Fortymile National Wild and Scenic River
In many cases the ANILCA withdrawals apply to public lands already subject to 17(d)(1) withdrawals.
ANILCA Sections 1312(b) and 402(a) give the Secretary of the Interior the discretion to open the Steese NCA to mineral entry and leasing, and the White Mountains NRA to mineral leasing, through the land use planning process.
The last round of land use planning for these areas was in 1986, when the BLM completed the White Mountains and Steese RMPs. The Steese RMP recommended opening portions of the NCA to locatable mineral entry, but the decision was never implemented. The White Mountains RMP’s recommendations on mineral leasing were considerably more complicated. Additional information can be found in the White Mountains RMP and Record of Decision.
The years since 1986 have seen an extensive increase in public use of both areas. The BLM's 2006 Report to Congress recommended that (d)(1) withdrawals in the Steese and White Mountains should be maintained until the respective RMPs are revised to reflect current management objectives. The opportunity to review these decisions has now arrived because the Eastern Interior RMP will update and replace both 1986 RMPs.
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