5509.11,40
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        FSH 5509.11 - TITLE CLAIMS, SALES, AND GRANTS HANDBOOK
                       WO AMENDMENT 5509.11-92-4
                           EFFECTIVE 8/3/92

                       CHAPTER 40 - SPECIAL ACTS


The following acts affect National Forest lands in Alaska only.  
Region 10 supplements provide specific information and instructions 
pertaining to these acts.

41 - SALES.

41.01 - Authority.  Tongass National Forest Timber Act.  The Act of 
August 8, 1947 (61 Stat. 920), authorizes the sale of lands within the 
Tongass National Forest needed in connection with or for the 
processing of timber.

42 - GRANTS.

42.01 - Authority.

    1.  Alaskan Native Allotment.  The Act of May 17, 1906 (34 Stat. 
197), as amended by the Act of August 2, 1956 (70 Stat. 954), provides 
for allotments to Indians, Aleuts, and Eskimos.

    2.  Alaska Community Development.  Section 6(a) and (g) of the 
Alaska Statehood Act of July 7, 1958 (72 Stat. 339, 342), as amended 
by the Act of October 8, 1963 (77 Stat. 223), grants to the State of 
Alaska the right to select National Forest lands for the development 
and expansion of communities.

42.03 - Policy.  Alaska Community Development.  Complete all 
selections within 25 years of passage of the Statehood Act.  The 
Forest Service shall cooperate with officials of the State and 
communities in identifying lands that meet the requirements and intent 
of the grant.

42.04 - Responsibility.

    1.  Alaska Native Allotment.  The Regional Forester for Alaska has 
the delegated authority to perform the functions granted to the 
Secretary of Agriculture by the act, as amended (36 F.R. 18428), 
except for approval of applications.  The Chief reserves this 
authority.

    2.  Alaska Community Development.  The Regional Forester for 
Alaska has the delegated authority to perform the functions granted to 
the Secretary of Agriculture by the act, as amended (38 F.R. 14944 and 
41 F.R. 3766).

42.1 - Alaska Community Development.  The Regional Forester shall 
confer and cooperate with State and community officials on proposed 
selections to achieve the combination of location, acreage, and other 
factors that best serve the development needs of the community or 
communities concerned.

42.11 - Procedures.  An application by the State to the Regional 
Forester shall initiate each selection.

    1.  Application Contents.  The application by the State shall 
include descriptions and maps, which, in the judgment of the Regional 
Forester, provide sufficient detail to permit a responsible judgment 
about whether the tract may be selected under the Alaska Statehood 
Act.

The State is responsible for providing sufficient documentation and 
analysis to support their conclusion that it is reasonable to expect 
that use of the sites will be for the specific statutory purposes and 
that the site is either adjacent to an existing community or suitable 
for the development of a community center and recreation area.

        a.  Suitable.  In order to qualify as suitable for a 
        prospective community center and recreation area, a site must 
        have the physical capability to support development of a 
        community center and recreation area.  In addition, there must 
        be a reasonable expectancy that site development will be for 
        those purposes.  Read the phrase "prospective community center 
        and recreation area" as a single standard and not as two 
        separate or independent bases for land selections.

        b.  Adjacent.  In order to qualify as adjacent to an existing 
        community, a site must be near, but need not adjoin, an 
        established community.  In addition, there must be a 
        reasonable expectancy that use of the land will, in fact, 
        further community development.  For the purposes of this 
        evaluation, a borough does not constitute a community.

    2.  Handling.  If the Regional Forester determines that the 
application meets the criteria set forth previously, forward the 
application and supporting documents to the Attorney In Charge, Office 
of the General Counsel, Juneau, Alaska, for determination of whether 
or not it is possible to grant approval without conflict with the 
terms of the Alaska Statehood Act.

    3.  Third Party Rights.  Process applications the Regional 
Forester judges to be consistent with the criteria set forth in FSM 
5455.22, item 4a, and for which the Attorney In Charge  has found 
authority for approval in accordance with 43 CFR 2627.1.  The 
conveyance must protect all existing third party rights in the 
selected lands.

    4.  National Environmental Policy Act Guidelines.  The guidelines 
set forth in FSM 1950 apply in considering each application.  The 
Regional Forester shall determine whether an environmental statement 
is necessary.

    5.  Nonapproval.  The Regional Forester shall notify the State 
immediately if the application is not approved.  Set forth the reasons 
for not granting approval in the Regional Forester's letter and 
include advice relative to the appropriate appeal procedure.  Send a 
copy of this letter to the Chief.