Navigability Determination Requests and Distribution Procedures

IM-AK-2012-004
Instruction Memorandum

United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Alaska State Office
222 West Seventh Avenue, #13
Anchorage, Alaska 99513-7504
http://www.blm.gov/ak

9600 (AK-927) P

November 10, 2011

Instruction Memorandum No. AK-2012-004
Expires: 9/30/2014

To: Deputy State Directors, District Managers, Authorized Officer, and Alaska Fire Service Manager

From: State Director

Subject: Navigability Determination Requests and Distribution Procedures

Program Areas: Cadastral, Navigability

Purpose: This Instruction Memorandum (IM) provides guidance for requesting and distributing administrative navigability determinations.

Policy Action: Managers are directed to adhere to the following procedures when requesting new and existing administrative navigability determinations and to identify the responsible party for distributing those determinations.  The Chief, Branch of Survey Planning and Preparation, Division of Cadastral Survey, makes administrative navigability determinations primarily in support of four programs: Cadastral Survey, Recordable Disclaimers of Interest (RDI), Management of Lands and Resources, and the conveyance of lands under Alaska-specific laws.

New Determinations: Requests for new navigability determinations will be made by the Deputy State Directors, District Managers, Authorized Officer, or Alaska Fire Service Manager to the Deputy State Director, Division of Cadastral Survey, who will respond directly to the requesting official. The navigability determination then becomes part of the Bureau of Land Management (BLM) administrative record. Copies of new determinations, including those made to support Cadastral Survey projects, will be copied to the State of Alaska Department of Natural Resources, Division of Mining, Land and Water: Natural Resource Manager, Public Access and Assertion Defense Unit. Distribution procedures for navigability determinations in support of the RDI Program follow specific regulatory and procedural guidelines (43 CFR 1864).

Existing Determinations: Requests for existing navigability determinations will be made directly to the Navigability Section Chief, Branch of Survey Planning and Preparation, Division of Cadastral Survey. These are generally informal requests for existing information, and may be provided directly to the requestor (e.g., field surveyor, resource specialist, riparian specialist, adjudicator, public contact representative, etc.). Requests made for existing determinations are typically done for a review and verification that these are valid determinations that meet the current federal interpretation of case law.

Notifications for New Determinations: The Division of Cadastral Survey will provide a copy of all new administrative navigability determinations made in support of BLM-Alaska programs to the State of Alaska Department of Natural Resources Public Access and Assertion Defense Unit.

Timeframe: Effective Immediately.

Budget Impact: Minimal

Contact: If you have questions or comments regarding these procedures, please contact Craig Frichtl, Chief, Branch of Survey Planning and Preparation, at (907) 271-4366.

Signed by:
Bud Cribley
Alaska State Director

Authenticated by:
Anita R. Jette
Records Specialist

Office

Alaska State Office

Fiscal Year

2012