The mining newspaper for Alaska and Canada's North
The mining newspaper for Alaska and Canada's North
North of 60 Mining News – December 1, 2018
Alaska DNR staff gather evidence of the navigability of forks of the Fortymile River prior to challenging the BLM over ownership of the lands that lie beneath them.
The historic Pedro dredge rests next to the town of Chicken in the Fortymile District, a reminder of the rich placer gold mining history of this eastern Alaska.
The state of Alaska Nov. 8 filed a lawsuit against the United States Bureau of Land Management, asserting ownership of the submerged lands beneath the Middle Fork and North Fork of the Fortymile River. This lawsuit comes on the heels of other successful efforts to confirm the state's ownership of navigable waterways across Alaska.
"Unlike many other areas in the U.S., Alaska's waterways are very much still used as highways," said Alaska Attorney General Jahna Lindemuth. "It's important that this access be maintained for the public and that the federal government recognize the state's ownership."
The waterways which the state claims ownership of the lands beneath are found in the Fortymile Mining District, a gold-rich region of eastern Alaska. Bordering the famous Klondike region of neighboring Yukon, placer gold mining has been a continuous activity in the Fortymile since the 1880s.
According to the Alaska Department of Geological & Geophysical Surveys, individual miners and small operations have recovered at least 602,758 ounces from the streams in the Fortymile district.
State ownership of the submerged lands would simplify permitting for small scale mining and Fortymile miners sent a letter requesting that the state gain title to the Middle and North forks of the Fortymile.
Alaska has already won ownership and management of the lands beneath the Mosquito Fork of the Fortymile River.
"Mosquito Fork was a long-fought battle that finally resulted in a win for the state when BLM suddenly disclaimed its interest in the river on the eve of trial," said Alaska Assistant Attorney General Jessie Alloway.
Alaska Department of Natural Resources is charged with the difficult task of gathering the historical and current evidence necessary to bring these lawsuits.
"These cases take an enormous amount of research and evidence to prove navigability, and DNR (Alaska Department of Natural Resources) has done an excellent job of making the case for state ownership," Alloway added.
Since the case over Mosquito Fork, BLM has reversed its position and recognized state ownership in several Alaska waterways – Stikine, Knik, Delta, Kisaralik, West Fork of the Dennison Fork, and the Dennison Fork of the Fortymile.
Alaska Department of Law hopes to soon add the Middle and North forks of the Fortymile River.
"We are hopeful this case will not have to go to trial and can be resolved swiftly," said Attorney General Lindemuth.
–SHANE LASLEY
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