What laws and regulations apply to right-of-way permits and access to inholdings?
Most of the national parks in Alaska were created by the Alaska National Interest Lands Conservation Act (ANILCA) in 1980. Section 1110(b) of ANILCA affords adequate and feasible access to inholdings. the State or private owner or occupier shall be given by the Secretary such rights as may be necessary to assure adequate and feasible access for economic and other purposes to the concerned land by such State or private owner, or occupier and their successors in interest. Such rights shall be subject to reasonable regulations issued by the Secretary to protect the natural and other values of such lands. The regulations implementing this section of ANILCA are at 43 CFR 36.10. The regulations say that the National Park Service (NPS) will use right-of-way permits to authorize needed access to inholdings while protecting park values. [43CFR 36.10(e)(1)].
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