Table of Contents

INTRODUCTION
These Land Use Policies govern the uses of NANA's land and guide the Land Department in carrying out their day to day management responsibilities. They were approved by NANA's Board of Directors on March 22, 1983, revised on August 8, 1990, and remain in effect until amended by Resolution of the Board.

The policies were developed over a period of several years following: staff work, a number of meetings held in our villages, discussions and study by the NANA Board of Directors, and consultation with the Region's other major land managers. (top)

DEFINITIONS
Shareholder: NANA stockholders, their spouses, children, and dependents.

Categories of User Groups:

1. Shareholders - personal use

2. Shareholders - commercial use

3. Community Project - small project administered and funded bay a village

4. Nonshareholders - personal use

5. Nonshareholders - commercial use

6. NANA

7. Private Companies Including Kikiktagruk Inupiat Corporation (KIC)

8. School District

9. Governmental Use - state and federal

ANCSA Section 7(i): Section 7(i) requires NANA to share a percentage of the revenues it receives from the sale of certain resources, such as sand, gravel, minerals and coal, with the other Native Corporations. To meet this requirement, NANA must keep records of all 7(i) resources that are used and their fair market value. (top)

GENERAL LAND MANAGEMENT POLICIES
1. Subsistence is the primary and highest priority use of NANA's lands and all other land management policies will be in support of subsistence uses.

2. NANA will protect and where possible enhance the natural resources on its lands.

3. NANA will receive fair compensation for the commercial use of its land and resources.

4. NANA may set lower prices to the extent possible under the provisions of 7(i) for the use of its resources for government funded projects that are of benefit to the region so as to not unnecessarily raise the costs of village capital improvements.

5. While NANA recognizes that certain uses such as mining will disturb the land, all use of NANA lands will to the extent possible minimize disturbance.

6. NANA WILL NOT SELL ITS CORPORATE LANDS.

7. Staff will issue permits for various uses of NANA's lands however, all requests for leases will be brought before the Board of Directors for action.

8. NANA staff will consult with affected village IRA Councils and, where appropriate, groups of villages representing geographic areas as set forth in Article VIII of NANA's bylaws prior to making decisions regarding land uses that would affect lands that would have been owned by the villages had they not merged with NANA. The IRA Council's decision will become NANA's final decision.

9. Commercial and governmental users of NANA's lands will pay the reasonable costs incurred by NANA to administer and monitor their use of NANA's lands.

10. NANA's land use policies will support the general corporate policies of encouraging shareholder hire and providing shareholders with economic opportunities.

10. NANA will notify adjacent land owners of permitted activities on NANA lands when appropriate. (top)

MINERALS: SAND AND GRAVEL
Commercial/Governmental Users

1. A permit will be required for all sand and gravel taken from NANA lands.

2. Sand and gravel will be sold at fair market value with the price of each sale negotiated on a case by case basis. Sand and gravel may be sold for less than fair market value, depending on a project's source of funding, its importance to the region, and its use of shareholder labor.

3. All sand and gravel extraction on NANA lands will follow the procedures developed by NANA in its model sand and gravel sales agreement.(top)

Personal and Community Project Users

1. A permit will be required for all sand and gravel taken from NANA lands.

2. Sand and gravel can only be taken from designated sand and gravel pits. A procedure for designation of village gravel pits will be developed.

3. NANA will not charge for sand and gravel taken for shareholder personal use. A reasonable fee may be charged nonshareholders for sand and gravel taken for their personal use.

4. NANA may reduce or waive fees for sand and gravel for community projects, depending upon the nature of the project and the degree to which shareholders are employed.

5. In the villages outside of Kotzebue, NANA may contract with the village IRA Councils, if they are willing, to manage sand and gravel extraction. The Council will issue permits, keep records of the sand and gravel taken, and make monthly reports to the NANA Land Department. In Kotzebue, NANA will negotiate with KIC to perform these functions. (top)

MINERALS: COAL
1. NANA encourages the use of local materials, including coal, for local energy production.

2. Government and private entities wanting to conduct coal inventories on NANA land are required to get a permit from the NANA Land Department.

3. NANA will develop detailed policies regarding coal if serious mining proposals are put forward. (top)

MINERALS: SHAREHOLDER MINING
1. Once a program is developed, each village will decide which of its surrounding lands may be opened to mining by individual shareholders. In cases where there is an overlap between villages, either village can veto mining on that tract of land.

2. Preference for mining leases will be given to shareholders that staked mining claims on NANA lands before ANCSA but later lost them for a variety of reasons.

3. If mining is allowed, mineral rights will not be sold, rather mining leases with NANA will be issued, and NANA, as required by 7(i), will take a percentage of the value of the minerals mined as a royalty. (top)

TIMBER: MANAGEMENT
Resource Protection

1. NANA will work with the Region's other major land owners - KIC, the Park Service, Bureau of Land Management (BLM), U.S. Fish and Wildlife Service and the State of Alaska - to develop a cooperative timber management plan.

2. The protection of subsistence resources is of highest priority in all timber management decisions.

NANA will manage its timber resource to provide a sustained flow of firewood and building materials for local use.

NANA will explore the feasibility of initiating a reforestation program.

Administration

1. In the villages outside of Kotzebue, NANA may contract with the village IRA Council, if they are willing, to administer its timber management plan. The village will help NANA designate cutting areas and be responsible for issuing permits, collecting fees, and keeping records of timber harvested from NANA lands surrounding their village. In Kotzebue, NANA will negotiate with KIC to perform these functions on its 12(c) selections. (top)

TIMBER: FIREWOOD
Personal Use

1. All NANA shareholders may cut firewood for personal use on lands NANA designates, without a permit, at no charge.

2. Nonshareholders may cut firewood for personal use upon receipt of a permit from the local entity NANA designates.

Firewood Cutting Areas

1. NANA will, in consultation with each village IRA Council, and KIC for 12(c) selections around Kotzebue, and in accordance with its timber management plan, designate areas around each village as firewood cutting areas and mark trees to be cut.

Commercial Use

1. A permit will be required to cut firewood that is to be sold.

2. For nonshareholders, 10 cents per linear foot-about $25/average cargo sled load administrative fee will be charged for commercial firecutting permits. There will be no charge for shareholders.

3. A limit may be placed on how much wood a person may commercially cut. (top)

TIMBER: HOUSE LOGS AND LUMBER
When and Where to Allow Harvests

1. Timber harvests will be allowed that are consistent with NANA's timber management plan.

2. NANA will identify areas where timber can be cut in its timber management plan. Prior to timber harvests, trees to be cut will be marked.

Permits

1. All persons, including shareholders, wishing to harvest timber from NANA's lands are required to apply for a timber cutting permit.

2. Permits will include conditions for harvests such as location of harvest, time of harvest, method of harvest, log transportation method and route, reforestation requirements, and shareholder employment conditions for commercial and governmental users.

Timber Prices

1. Shareholders may cut timber on designated NANA lands for their personal use and for community projects at no charge.

2. NANA will charge 25 cents per linear foot for timber harvested on NANA lands by nonshareholders, governmental, and commercial users. This price will be reviewed and changed from time to time. (top)

FIRE MANAGEMENT
1. NANA will work with the other major landholders in the region to develop a cooperative fire management plan.

2. Fires on grazing lands or which threaten villages or subsistence campsites or cabins should not be allowed to burn. (top)

HUNTING AND FISHING
NANA policies on hunting and fishing address who may enter NANA lands to engage in these activities. The State of Alaska and the federal government regulate the actual harvest of fish and game on all land in the State, including NANA's land.

1. The maintenance of subsistence hunting and fishing activities on NANA lands is of highest priority. NANA lands are therefore closed to hunting and fishing except for the groups listed below.

2. Subsistence hunting is allowed without a permit for the following groups:

1. Shareholders

2. Shareholder spouses

3. Shareholder descendants

4. Natives living outside the region who traditionally hunt in the region.

3. Hunting and fishing by non-shareholders who have been a permanent resident in the region for at least five (5) years and have traditional and customary use of fish and game may hunt and fish on NANA lands with a permit from NANA or a designated representative of the village IRA. (top)

TRAPPING
1. All shareholder trapping may continue on NANA lands without a permit.

2. Nonshareholders may be required to obtain a permit from the local IRA Council to trap on NANA lands. A fee may be charged for the permit.

3. NANA does not settle trapline disputes; it refers them to the appropriate village IRA Council or to KIC Land Committee to be settled. (top)

GUIDES: HUNTING
1. Hunting guides are prohibited from operating on NANA lands. (top)

GUIDES: RECREATIONAL AND FISHING
1. Recreational and fishing guides and outfitters must obtain a permit from NANA for the use of any NANA lands other than designated public easements. A fee will be charged for such permits; the amount will vary depending on the use. (top)

CAMPS
1. All camps on NANA lands must be cleaned up after their use. (top)

Permits

1. Shareholder subsistence and recreational camps, and camps in support of search and rescue activities, are allowed on NANA lands without a permit.

2. Permits are required for all nonshareholder camps.

3. Permits are required for all semi-permanent camps and for the construction of all cabins and other permanent structures on camps located on NANA's lands.

4. Renewable permits are required for shareholder groups wishing to run seasonal camps in locations other than the Sivuniigvik.

5. Groups wishing to establish camps in support of scientific, government, or commercial activities, including recreational and fishing guiding, are required to obtain a permit from the NANA land department.

6. NANA approval is necessary for long term leases for semi-permanent camps in support of commercial activities such as mining exploration or guiding.

Permit Conditions

1. NANA may stipulate conditions on camping permits including but not limited to cleanup requirements, the use of cabins, and a maximum lot size for cabins of 80 feet by 100 feet.

Permit Fees

1. There will be no fee for camping permits issued to shareholders or shareholder groups.

2. NANA will charge reasonable fees for the camping permits it issues to nonshareholders, and to commercial and governmental groups. The fee may be based on factors including but not limited to the duration of time the camp will remain on NANA lands, the location of the camp, and the number of shareholders using the camp or employed by the permit holder. (top)

AGRICULTURE
1. The NANA Land Department will issue annual permits for personal gardens on NANA lands at no fee to shareholder and nonshareholder residents.

2. NANA will issue renewable 5 year agriculture leases with NANA board approval to community gardening projects and to individual shareholders at no fee.

The NANA board will review nonshareholder applications for agricultural leases exceeding one year.

NANA will issue agricultural leases with Board approval to shareholders at no fee for commercial agricultural projects.

NANA may issue agricultural leases to nonshareholders with Board approval at reasonable fees for commercial agricultural projects. (top)

SCIENTIFIC STUDIES
1. All persons, agencies or institutions wishing to conduct scientific research on NANA lands are required to first obtain a permit from the NANA Land Department. The permits will require 1) NANA be kept informed of the study's progress and findings; 2) that NANA receive copies of all publications resulting from the study; 3) the use of shareholders as technicians and as logistical support personnel; and 4) possible minor program modifications be made to obtain data necessary for NANA projects. (top)

HISTORIC SITES
1. NANA will insure protection of all historic and cultural sites designated by NANA on its lands. (top)

ARCHAEOLOGICAL AND/OR BURIAL SITE FINDS
1. NANA requires immediate notification of any archaeological and/or burial sites found during any activity on NANA lands.

2. NANA may require that activities stop until the archaeological or burial site can be fully investigated.

3. NANA owns any artifacts that are discovered on NANA lands except miscellaneous items discovered by shareholders. (top)

MILITARY USES
1. The Third Scout Battalion of the Army National Guard is the only military unit to which a permit will be issued. The National Guard is required to obtain a permit from NANA before undertaking any activities on NANA lands. Other units wishing to conduct maneuvers on NANA lands must work through the Third Scout Battalion.

2. There is no charge for military use permits. However, the Guard is responsible for paying costs associated with NANA's monitoring their compliance with permit conditions. (top)

DOWNED AIRCRAFT
1. All aircraft downed on NANA lands must be removed at the owner's expense.

2. Owners of airplanes downed on NANA lands are required to notify NANA of the planes location within 72 hours of the accident and obtain a permit from the NANA land department for the plane's timely removal.

NANA may waive the requirement for removal of downed aircraft if removal would cause unacceptable resource damage or cause threats to human life.

Aircraft not removed by the owner after proper notification become NANA property.

No aircraft or aircraft parts may be removed from NANA lands without a permit from the NANA land department. (top)

NATIVE ALLOTMENTS
Economic Opportunities on Native Allotments

1. NANA will inform allotment owners of potential economic opportunities for their land and its resources.

NANA will not compete with allotment owners for economic opportunities.

Allotment Sales

NANA will work with the Bureau of Indian Affairs (BIA) to develop a procedure whereby NANA is notified in advance regarding any potential sales of Native allotment within the region.

1. NANA will attempt to obtain the right of first refusal to buy Native allotments in the NANA region that are to be sold to nonshareholders.

Allotment Trades

1. NANA staff will asses any proposed trade on a case by case basis and the NANA Board will decide whether any particular trade will be made. (top)

ACCESS: EASEMENTS

2. NANA will work with the BLM to manage the easements it has reserved on NANA lands. NANA will negotiate with BLM to contract with either NANA or directly with the villages to mark easements.

2. NANA will negotiate with BLM to contract with the villages to perform necessary management tasks on BLM easements on NANA lands. (top)

EASEMENTS: OVERLAND TRANSPORT OF HEAVY EQUIPMENT AND VEHICLES

NANA Procedure

1. A permit from NANA is required for the transport of heavy equipment and vehicles across NANA lands.

2. NANA's permit system will be similair to the one used by BLM and at a minimum will require 1) NANA to consult with affected village IRA Councils prior to issuing a permit; 2) the applicant to show that the proposed move will not damage NANA lands; and 3) the applicant to post a bond sufficient to pay the cost of restoring any areas inadvertently damaged.

3. NANA will work with adjacent landowners/managers to ensure that permit stipulations for any particular overland move are consistent.

Moves that Cause Damage

1. Requests for overland transports that will cause damage to NANA lands will be evaluated using such criteria as the need for the transport, alternatives for moving the equipment, and the damage that will result from the transport.

2. NANA will consult with the affected village IRA Councils about the need for the transport, the route where the least damage will occur, and the probable damages that will result. (top)

TRESPASS

1. NANA will post signs and maps at major entry ways to the Region, airports, river entrances - that show major geographic features, easement locations, and tell visitors that they are entering private property. The NANA Land Department's phone number will be listed on the signs for individuals requiring further information.

Serious Trespass Violations

1. NANA will aggressively pursue trespass violations that result in damage to NANA lands and/or loss of resources within reasonable cost and staff time limitations. (top)

OTHER TOPICS
NANA will develop additional land use policies for topics not
covered. (top)