Refuge Rights-of-Way & Easements

Access to Inholdings

Title XI of ANILCA ensures adequate and feasible access for economic and other purposes to valid inholdings.  These access rights must be granted by the Secretary of the Interior but are subject to reasonable regulations to protect the natural and other values of the land. 16 U.S.C. § 3170. Adequate and feasible access is a route and method of access that is shown to be reasonably necessary and economically practicable but not necessarily the least costly alternative. 43 C.F.R. § 36.10. A right-of-way permit for access to an inholding is only required when this ANILCA section does not provide adequate and feasible access without a right-of-way permit. 43 C.F.R. §36.10. Means of access provided for in ANILCA are: snowmachines (during periods of adequate snow cover or frozen river conditions), motorboats, airplanes, and nonmotorized surface transportation methods for traditional activities and for travel to and from homesites. 16 U.S.C. § 3170.

Procedures if Adequate and Feasible Access Does Not Exist
If an adequate and feasible access alternative does not exist, the following procedures should be followed:

• File Standard Form 299 and include the following information:
  • Documentation of the property interst held by the applicant;
  • Detailed description of the use of the inholding;
  • If applicable, a description of how the inholding is effectively surrounded by conservation system units (CSU's).
  • Means of access requested.
• The application will be reviewed and processed according to the general Title XI application procedures.
• Right-of-way permits are subject to the same terms and conditions as all Title XI right-of-way permits.

Last updated: August 26, 2008

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