ANILCA 810 Letter
This tool provides Tribal Governments with a practical starting point for requesting an ANILCA Section 810 analysis and communicating Tribal knowledge, concerns, and priorities to the responsible federal agency.
The Alaska National Interest Lands Conservation Act (ANILCA) obligates the federal government toensure that those engaged in a subsistence way of life have the opportunity to continue doing so. Federaldecisions about public lands can affect the ways Tribes access and use the lands and resources that sustain their communities and subsistence way of life. A road, mine, development project, land-use decision, or other action can affect hunting, fishing, trapping, gathering, travel routes, or access to important harvesting areas, including sacred spaces.
Section 810 of ANILCA requires agencies to consider more than just the environmental impact of a land use decision; they must also examine how a proposed action could affect subsistence resources, access, and uses by those most tied to those resources. The analysis also considers whether other lands or alternatives could reduce or avoid impacts to lands needed for subsistence. When a proposed action restricts subsistence uses, Section 810 requires additional measures, including a notice and a public hearing in the vicinity of the affected area. Tribes can request an 810 analysis and hearing in their community to make the voices of subsistence users heard.
What’s in the Toolkit?
Tribal Request for 810 Analysis Template
A customizable letter for requesting a Section 810 analysis, describing the subsistence use and potential impacts, and requesting information about public meetings, community input, and review of the draft analysis.
Tribal Governments should review and adapt the template to make sure it accurately reflects their Tribe, community, subsistence uses, concerns, and circumstances before using it. This tool is designed to provide general information and a starting point, and is not intended to be used as or substitute for legal advice. Tribes should conduct their own legal reviews and consider specific federal action and applicable requirements before using or adapting the template.
Have experience navigating the ANILCA 810 - Subsistence and Land Use Decisions process? We welcome Tribes to share what they’ve learned, ask questions about the toolkit, or identify additional resources that may be useful to other Tribes interested in starting the process.
Contact us at info@aywaa.org.
