Alaska Native Land Allotments — BLM Programs for Individual Natives, Veterans, and Townsites

Current Rule (2026)

What This Rule Does

Alaska Native land allotments under 43 CFR Part 2560 are federal patents conveying up to 160 acres of fee-simple, inalienable, nontaxable land to individual Alaska Natives — a separate and narrower program than the ANCSA corporate land settlement, designed for people whose personal use and occupancy of specific parcels predated the 1971 cutoff.

Alaska has a unique land allotment system distinct from the lower-48 Indian allotment framework. See Indian Land Allotment and Trust Land for the lower-48 allotment system context. When Congress passed the Alaska Native Claims Settlement Act (ANCSA) in 1971, it extinguished most aboriginal land claims and conveyed approximately 44 million acres to Alaska Native Corporations — collective, profit-oriented entities. But that settlement left something out: individual Natives who had personally used and occupied specific parcels for decades, often subsistence fishing camps or hunting headquarters that were theirs in practice but not on paper. 43 CFR Part 2560 is BLM's regulatory framework for processing those remaining individual entitlements.

The programs covered by Part 2560 include native allotments for pre-ANCSA use-and-occupancy claims (Subpart 2561), land for trade and manufacturing sites (Subpart 2562), homestead sites (Subpart 2563), Alaska Native and non-native townsites (Subparts 2564–2565), Alaska Railroad townsites (Subpart 2566), and — critically — two programs specifically for Alaska Native veterans: a general veteran allotment (Subpart 2568) and a Vietnam-era veteran program (Subpart 2569) enacted in 2019 and extended through 2030.

Most of these programs are closed to new applicants because the pre-ANCSA use-and-occupancy window has passed. The two veteran programs remain open — and after the 2025 deadline extension, the Vietnam-era program now runs through December 29, 2030.

Key Mechanics

The allotment process under 43 CFR Part 2560 follows a common workflow across most subparts, though the evidence required differs significantly by program:

1. Application — Filed with the BLM Alaska State Office (2850 Boniface Pkwy, Anchorage, AK 99504); the applicant identifies specific parcels by legal description and submits documentation of eligibility — use-and-occupancy affidavits for Subpart 2561, military service records for the veteran programs.

2. Survey — BLM arranges a cadastral survey of the claimed parcel at federal expense. No patent issues before the survey is complete. Survey backlogs have historically been a bottleneck; BLM Alaska has prioritized veteran allotment surveys in recent years given the statutory deadlines.

3. Evidence review — For Subpart 2561, BLM evaluates "substantially continuous use and occupancy" with an understanding that Alaska subsistence patterns are inherently seasonal. A summer fish camp used every year for decades qualifies; year-round physical presence is not required. For the veteran programs, the evidentiary burden shifts: eligibility turns on military service records and Alaska Native status, not land use history — because the whole premise is that military service prevented establishing that record.

4. CSU consistency review — If the selected parcel falls within a Conservation System Unit — a National Park, National Wildlife Refuge, National Forest, or Wild and Scenic River corridor — BLM and the CSU managing agency (NPS, FWS, or Forest Service) conduct a joint review. See ANILCA — Alaska Conservation System Management for the governing statute and CSU management framework. The question is not whether the allotment is the most convenient land management outcome, but whether conveying that specific parcel is consistent with the laws governing the CSU. Many veteran allotments involve CSU lands because rural Alaska subsistence areas overlap heavily with federal conservation designations.

5. Patent issuance — BLM issues a fee-simple patent. From that point, the land is the allottee's in perpetuity: inalienable without federal approval, exempt from state and local property taxes. The inalienability protection is intentional — it prevents the kind of land loss that occurred after allotments were made fee-patentable in the lower 48 under the 1906 Burke Act.

6. Heirship — On the allottee's death, the interest passes through federal (not Alaska state) probate, administered by BIA's Office of Hearings and Appeals. This is a critical distinction: state wills and state probate courts have no jurisdiction over trust or restricted allotted lands. See BIA Indian Land Leasing for how heirs can manage and lease allotted land interests.

Key Provisions

Subpart 2561 — Native Allotments (Individual)

• § 2561.0-2 — Objectives: BLM's program goal is to enable individual Alaska Natives to acquire title to lands they use and occupy, and to protect those lands from encroachment; allotments convey fee-simple title that is inalienable and nontaxable
• § 2561.0-8 — Lands subject to allotment: each Native may receive a single allotment of up to 160 acres; the parcels need not be contiguous but each separate tract must be at least 5 acres; the lands must be unreserved federal public domain lands (lands already withdrawn, reserved, or conveyed are generally not available)
• § 2561.1 — Applications: applications must be filed with the BLM office having jurisdiction over the lands; the application must identify the specific lands claimed and document the applicant's use and occupancy
• § 2561.2 — Proof of use and occupancy: the allotment will not be made until a survey is completed and the applicant proves "substantially continuous use and occupancy" — the regulations define this to contemplate the customary seasonality of use (a subsistence-based pattern of seasonal use qualifies; year-round occupancy is not required); BLM evaluates both the nature and the extent of the use
• § 2561.3 — Effect of allotment: allotted land is the property of the allottee and heirs in perpetuity; it is inalienable (cannot be sold to non-Indians without federal approval) and nontaxable; however, a Native who received a fee patent under earlier law is bound by any encumbrances placed on the land during the fee patent period

Subpart 2562 — Trade and Manufacturing Sites

Alaska Native individuals may claim land used for trade or manufacturing purposes — fishing camps, processing sites, hunting and trapping headquarters. The requirements mirror the native allotment process but are tailored to commercial-use evidence rather than residential occupancy. Qualifying sites include locations where an Alaska Native operated a commercial fishing or trading enterprise using the land as a base.

Subparts 2563–2564 — Homestead Sites and Native Townsites

• Subpart 2563 — Covers "homestead" or "headquarters" sites: parcels used primarily as the Native's principal place of residence and subsistence base
• Subpart 2564 — Native townsites: where a community of Alaska Natives established a settlement on federal land, the group may apply as a townsite; the land is surveyed into lots and conveyed to individual occupants; BLM may designate a trustee to administer the townsite process and issue individual lot patents

Subparts 2565–2566 — Non-Native and Railroad Townsites

• Subpart 2565 covers non-native townsites on federal land in Alaska — procedures for surveying community settlements and conveying lots to occupants
• Subpart 2566 covers Alaska Railroad townsites: lands adjacent to the Alaska Railroad settled during railroad construction and operation; BLM administers lot conveyances to resolve occupancy claims in these historic communities

Subpart 2568 — Alaska Native Allotments for Certain Veterans

Enacted to remedy the inequity faced by Alaska Natives who served in the U.S. military and therefore could not establish the use-and-occupancy record required for a standard native allotment:

• § 2568.10 — Eligibility: an Alaska Native veteran who served on active duty before December 18, 1971 and who was not on an allotment waiting list as of that date, and whose service prevented them from establishing the use-and-occupancy record required for a standard allotment, may receive one or two parcels of federal land in Alaska
• Lands within Conservation System Units (CSUs): BLM and the CSU managing agency (NPS, FWS, Forest Service) conduct a joint review; consistency decisions are made case-by-case considering the character of the selected land and the applicable management mandates
• Alternative allotments: if the veteran's preferred selection is unavailable (inside a National Wilderness, already conveyed, or otherwise closed), BLM will work with the veteran to identify an alternative parcel of equivalent acreage

Subpart 2569 — Alaska Native Vietnam-Era Veteran Land Allotments

The most recently created program, implemented under § 1119 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (2019) and codified at 43 U.S.C. § 1629g-1:

• § 2569.100 — Purpose: to provide land allotments to Alaska Native veterans who served during the Vietnam era — defined as August 5, 1964 to December 31, 1971 — and who, because of their service, were unable to establish use-and-occupancy of federal land
• § 2569.201 — Definitions: "Eligible Individual" means an Alaska Native who served during the Vietnam era, was discharged or released under honorable conditions, and either applied before December 28, 2019, or is determined eligible by BLM through notification from DoD, VA, and BIA
• § 2569.301 — BLM notification: BLM, in consultation with DoD, VA, and BIA, identifies eligible individuals from service records and notifies them; if you believe you are eligible but were not notified, you may self-certify and submit documentation
• § 2569.401 — Application window: originally December 28, 2020 to December 29, 2025; the Alaska Native Vietnam Era Veterans Land Allotment Extension Act (Pub. L. 119-63, signed December 2025) extended the deadline by five years, to December 29, 2030; personal representatives of deceased eligible individuals may apply on their behalf
• § 2569.402 — Application form: BLM Form AK-2569-1004-0216; requires parcel selection and eligibility documentation
• Allotment size: each eligible Vietnam-era veteran may select up to 160 acres of unreserved federal public domain land; the same CSU consistency review applies

How It Affects You

If you're an Alaska Native with a potential pre-ANCSA use-and-occupancy claim (Subpart 2561): Standard native allotment applications are still processed. If you or a family member used and occupied specific federal land before December 18, 1971, and that land was not conveyed to an Alaska Native Corporation through ANCSA, a native allotment application may still be possible. The evidence bar is real — you'll need affidavits, photographs, witness statements, and BLM field examination — but "seasonal subsistence use" qualifies. Contact BLM's Alaska Native Allotment Office at the Alaska State Office in Anchorage for a case review.

If you're an Alaska Native veteran who served before 1971 (Subpart 2568): You do not need to prove you used and occupied specific land — that's the whole point of the program. Your military service is the eligibility basis. Contact BLM Alaska to confirm you're not already on a waiting list and to begin parcel selection. BLM will work with you on alternatives if your preferred site falls inside a conservation unit or has already been conveyed.

If you're an Alaska Native Vietnam-era veteran (Subpart 2569): The December 2025 extension gives you until December 29, 2030 to apply. Note that children of Vietnam veterans with birth defects may separately qualify for VA benefits — see Children of Vietnam Veterans — Birth Defects Benefits. If BLM identified you through DoD/VA/BIA records, you should have received notification — but if you haven't and believe you qualify (service between August 5, 1964 and December 31, 1971, honorable discharge, Alaska Native status), you can self-certify. Use BLM Form AK-2569-1004-0216. Organizations like the Alaska Native Veterans Association and Tanana Chiefs Conference legal services have helped veterans navigate the parcel selection and CSU review process.

If you're the heir of someone who received an allotment: The land did not pass through your relative's estate under Alaska state law — it passes through federal probate. For the broader framework governing Indian trust land management and leasing after heirship is resolved, see Indian Land Allotment and Trust Land and BIA Indian Land Leasing. BIA's Office of Hearings and Appeals has jurisdiction. If probate was never opened, the interest may be in "undivided heirship" status, meaning multiple heirs share fractional interests but no one has clear title to use or develop the land. This fractionation problem — familiar from lower-48 Indian allotments — is increasingly common for first-generation Alaska Native allottees who have now died. Contact the BIA Alaska Regional Office (709 W. 9th St., Juneau, AK 99802) to determine the probate status and open proceedings.

If you're a conservancy manager or federal land planner dealing with a CSU consistency review: The legal question is not "does this allotment conflict with our preferred management approach?" but "is conveyance of this specific parcel consistent with the governing statutes for this CSU?" For Alaska National Interest Lands Conservation Act (ANILCA) conservation units, the standard includes preserving subsistence values — which often supports, rather than undermines, allotment of land that was historically used for subsistence. Document the site-specific factors carefully; BLM has lost appeals where the consistency determination was conclusory rather than fact-specific. For BLM's broader land exchange framework when alternative parcels are needed, see BLM Federal Land Exchanges. For federal public lands management context, see Federal Public Lands — BLM.

Legal Authority

• 43 U.S.C. § 1629g — "Open season for certain Alaska Native veterans for allotments" — authorizes up to two federal land parcels (together no more than 160 acres) for eligible Alaska Native veterans who served between January 1, 1969 and December 31, 1971; requires at least 6 months of service in that window, or enlistment/drafting after June 2, 1971 and before December 3, 1971; explicitly excludes wilderness lands, National Forest lands, and lands claimed under other public land laws; directs the Interior Secretary to issue implementing regulations within 18 months of enactment (October 21, 1998); implements Subpart 2568
• 43 U.S.C. § 1629g–1 — "Alaska Native Vietnam era veterans land allotment" — authorizes one allotment of 2.5–160 acres for Alaska Native veterans who served August 5, 1964 to December 31, 1971; directs the Secretary of Defense to provide an eligible-veteran list within 180 days of March 12, 2019; requires BLM to issue rules within 18 months, identify available lands within 12 months, and aim to issue certificates of allotment within 12 months of qualifying applications; excludes TransAlaska Pipeline corridor, Arctic National Wildlife Refuge, National Parks, designated wilderness, National Trails, Wild and Scenic Rivers, and the National Petroleum Reserve–Alaska; implements Subpart 2569
• Act of May 17, 1906 (43 U.S.C. §§ 270-1 to 270-3) — Original Alaska Native allotment authority; the foundational authority for Subpart 2561 native allotments allowing the Secretary to allot up to 160 acres based on use and occupancy
• Alaska Statehood Act of 1958 and Alaska Native Claims Settlement Act of 1971 — Together define the legal landscape for remaining federal land in Alaska and establish which lands are available for allotment; ANCSA's December 18, 1971 cutoff date is the dividing line for most Part 2560 eligibility determinations
• Alaska Native Vietnam Era Veterans Land Allotment Extension Act (Pub. L. 119-63, 2025) — Extended the Subpart 2569 application deadline from December 29, 2025 to December 29, 2030

Recent Rulemakings

• 2021 (86 FR 25426): Final rule implementing Subpart 2569 — established the application process, eligibility determination procedures, CSU consistency review standards, and the original application window (December 28, 2020 to December 29, 2025)
• December 2025 (Pub. L. 119-63): Alaska Native Vietnam Era Veterans Land Allotment Extension Act signed into law; extended the Subpart 2569 window by five years to December 29, 2030; BLM is expected to update the CFR accordingly
• No major amendments to Subparts 2561–2568 in recent years; those frameworks reflect longstanding BLM Alaska regulations implementing pre-ANCSA allotment authority
• The broader policy tension: BLM's Alaska allotment backlog has been a persistent source of criticism from tribal advocates. Survey delays of years to decades have meant that some allottees died before receiving their patents, passing the burden to heirs who must re-prove historical facts in federal probate proceedings
• 2026 (FR Doc. 2026-06005, March 27, 2026): BLM published a Paperwork Reduction Act notice proposing to extend the information collection for the Alaska Native Vietnam-Era Veterans Allotments program (BLM Form AK-2569-1004-0216); this administrative renewal is required every three years and signals BLM is preparing for continued application intake through the extended 2030 window

Pending Action

• CFR update for Pub. L. 119-63: BLM is expected to publish a direct final rule or technical amendment to 43 CFR § 2569.401 to reflect the five-year deadline extension; no rulemaking has been published as of May 2026, though the statutory change is self-executing
• Subpart 2569 survey backlog: BLM Alaska faces survey backlogs affecting timely patent issuance; Congress has periodically appropriated additional cadastral survey funding for Alaska; advocates have urged BLM to prioritize Subpart 2569 surveys given the age of eligible veterans
• Arctic National Wildlife Refuge exclusion review: Under 43 U.S.C. § 1629g-1, the Interior Secretary was required to study whether any National Wildlife Refuge lands in Alaska should be made available for veteran allotments and report to Congress; ongoing legislative proposals have sought to clarify the refuge-exclusion perimeter