Profile for Bartz Englishoe


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Bartz Englishoe and Associates ● Box 104513 Anchorage, AK ● 338-7768 ● Fax 509-593-4161 ● bartz@englishoe.com

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Introduction

I spent 10 years in rural Alaska in the 1970's photographing for publications and businesses such as the Tundra Times and Alaska Airlines.  While visiting villages I observed that small communities were being overwhelmed by governmental regulations.  Federal and state agencies were making critical decisions for villages without community input.  Seeing the lack of decision-making on the village level convinced me to become more involved and I enrolled in land management training in 1980 with the Interior Village Association in Fairbanks.  The training included 640 hours of ANCSA land management and tribal government studies.  Legal issues were taught by David Case, Esq.  I also participated in the 1080 Alaska Native Leadership Project and interned with the Alaska Programs Staff in 1981 in Washington DC under U.S. Secretary of Interior, James Watt.

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Professional History

I started by professional career as land specialist in 1980 with my village corporation, Gwitchyaa Zhee Corporation, in Fort Yukon.  Later I worked as land manager for Bethel Native Corporation and as a land management consultant with Calista Professional Services.  I established Bartz Englishoe and Associates (BE&A) in 1985 and have been providing consulting services to villages for 23 years.  In the early 1990's, I provided grant writing assistance to villages under an Administration for Native Americans grant.   I have enjoyed working with villages all over the state, especially when village organizations works together to tackle issues facing a community.  A lot can be accomplished when a city, village corporation and tribe address issues as a team.  I always strive to be sensitive to the cultural needs of the community in which I am working. 

Currently, I have a contract with the Alaska Natural Gas Development Authority (ANGDA) and am working with the City of Tanana as Project Manager for the Yukon-Kuskokwim Propane Demonstration Project (YKPDP).  ANGDA and the City realize that the high cost of fuel and electricity negatively affect village economies.  The Authority believes that using propane processed from North Slope natural gas and delivered to villages along the Yukon and Kuskokwim Rivers will help provide relief from the expense of barging and storing fuel oil, diesel and gasoline in expensive to build and maintain tank farms.  The goal of the YKPDP is to analyze the logistics, infrastucture and economics of converting Tanana public facilities, businesses and homes to propane.  The City is addressing all aspects of converting a village to use a river based propane distribution system.   It is hoped that a propane extraction plant will be constructed at the Yukon River Bridge after the completion of the Alaska natural gas line is completed.   The plant would process propane to be barged to villages.


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Professional Accomplishments

I have been traveling to and working in villages since the early 1970's and have had clients in every region of the state.  I have made friends all over Alaska and enjoy seeing everyone at the AFN and BIA Providers conferences.  I have worked with small and large village corporations, tribal governments, regional corporations and regional non-profit Native organizations.  My affiliation with Native organizations has allowed me learn about rural issues and how to work with local, state, federal and private agencies.  I have many contacts in rural Alaska that keep me informed of village concerns.  Some of my accomplishments/affiliations are:

  • Bachelor of Science, Montana State University, 1975
  • Participant in Rural Cap's Village Participant Conference, 1981-82
  • Guest Instructor with University of Alaska in Fort Yukon, 1982-83
  • Testified before US House of Representatives on subsistence, 1982
  • Lower Kuskokwim School District guest instructor in land management, 1982
  • Rural task force on implementing land management video, 1983
  • Village delegate during ANCSA 7(i) negotiations with regional corporations, 1983
  • Executive Board Committee, Alaska Native Foundation, 1984-89
  • Anchorage Native Advisory Council under Mayor Tony Knowles, 1985-87
  • State Appointee, Alaska Land Use Council Advisors Committee, 1984-87
  • Guest Speaker, 1993 Statewide Annual Alaska Native Claims Settlement Act Seminar,  ANF
  • Life Member, Veterans of Foreign Wars, Post 10041, Bethel, Alaska
  • Past ANA grant reviewer , Washington DC

BE&A Publications from 1980-2009

 

August 2009

 

 

 

"Akiachak is one of the strongest advocates for tribal government in the state.  Tribal members believe that the Alaska Native Claims Settlement Act (ANCSA) was passed solely to settle aboriginal land claims and did not deal in any way with issues of self-determine and tribal self-government." 

 

Akiachak Native Community Tribal Court Strategic Plan

 

This plan addresses goals, objectives and tasks for the Akiachak Native Community tribal court.  Over the last several years, the court has concentrated on improving the internal functions of the tribal court.  Now the court wishes to refocus its attention on alcohol and substance abuse, the basis behind most crimes.  The courts strategy is to work with every tribal department to confront and combat alcohol by stopping importation and demand for drugs and alcohol. 

 

November 2006

 

 

 

 

 

"The Tribe may ask that the contractual dispute be settled under Sections 110 of Public Law 93-638 if the Regional BIA office does not approve supplement funding or indicates there are no other funding sources available."

Recommendations for Supplement Funding under the Perryville Road project.  

 

This report was produced for the Native Village of Perryville (NVP) and gives a history of road transactions between the Tribe and Bureau of Indian Affairs (BIA). The document discusses BIA/NVP negotiations, road contract provisions, Indian Reservation Roads program requirements and supple-mental funding requests.  Conclusions and recommendations were given.

 

October 2003

 

 

 

 

 

"BLM withdrew 2.7 acres for a BIA school, which was owned by Alaska Native Service.  The school reserve was surveyed as Lot 3, USS 5251 and the corporation filed on 12-3-74 and received ownership under IC 56."

Chart Detailing Land and Housing Ownership Transactions for all Lots and Tracts in Point Lay, Alaska. 

 

This chart shows the ownership status for all parcels within the village, which include federal, private, church, borough, BIA, school district, tribal and Native corporation lands.  The report addresses transactions such as realignment of rights-of-way, inadequate legal descriptions, faulty recording procedures and delinquent property taxes.  This chart was given to multiple agencies that were dealing with housing and ANCSA 14(c)(3) issues.

 

November 2002

 

 

 

 

"Easement for Watershed.  The parties understand and agree that the NSB reserves the right to acquire a one hundred (100') linear foot grant of easement for a watershed  adjacent to and surrounding Water Lake located in Sec. 31, T85N, R 40 W, UM, AK."

Draft Final Municipal Land Settlement Agreement Under Section 14(c)(3) of the Alaska Native Claims Settlement Act for Point Lay, Alaska. 

 

This agreement was revised many times after receiving public comments and meeting with corporation, tribal, borough and state officials.  The settlement addresses corrective title action, memorandums of agreement, legal descriptions of surveyed and unsurveyed lands, grants of easement, quitclaim and warranty deeds, disclaimers of interest and dedications for public use.

 

June 2002

 

 

 

 

 

"The village of Point Lay relocated from Kasegaluk Spit in 1974 to a river delta island at the mouth of the Kokolik River.  The village's 15 homes were again moved to the current village in the 1980's".

 

Point Lay Housing Report.

 

This report details the ownership status for 34 homes and lots within the village.  The document includes a history of Point Lay relocation projects and BIA housing programs.  The report contains 35 recommendations and outlines procedures for transferring land title to homeowners, churches, NSB and the local tribal government.  The main purposed of the report was to authenticate the conveyance of deeds to homeowners so families could gain clear title to their houses.

 

January 2001

 

 

 

 

"It was concluded that Senator Ted Stevens would support legislation if all parties agreed to the proposed land transfer.  It was pointed out that special legislation would benefit the community and speed up the FAA process for runway improvements."

 

Report on the Transfer of U.S. Air Force Lands within U.S. Survey 5251, Point Lay, Alaska to the Cully Corporation.

 

This report details a chronological history of land transactions related to the Point Lay Airport and contains interagency recommendations.  Sixteen individuals from numerous agencies participated in meetings related to the transfer of USAF land to the local village corporation.  The corporation used the document as the basis from which to ask Alaska's Congressional delegation for assistance in acquiring title to the USAF Point Lay Long Range Radar site.

 

February 2000

 

 

 

"The most glaring aspect related to the postal contract is the fact the corporation has lost…money"

 

 

Report on Point Lay Post Office, Postal Contract - 020312-89

 

BE&A was asked to draft a report documenting legal obligations under a postal contract.  This report involved site control, cost analysis of postal operations and procedures for acquiring title to a lot owned by NSB.  The existing post office was in an old BIA house and required agency involvement.

 

June 1998

 

 

 

"The land shall revert to the grantor in the event the property conveyed by this deed is not used solely as the site for a daycare center."

 

Report on the Transfer of Land for a Foster Care Facility. 

 

This report addresses how an individual, who received land from her village corporation, could transfer the parcel to a local tribe for a daycare facility.  The study addressed inadequate legal descriptions, tax foreclosures and land transfer options.

 

February 1997

 

 

 

 

 

"the BIA published a decision to listed Atqasuk and Nuiqsut as eligible villages under ANCSA.  The Navy filed a protest on October 26, 1973."

 

Report on oil and gas within the National Petroleum Reserve of Alaska as related to surface and subsurface rights in the vicinity of Atqasuk, Alaska.  

 

This report covers the history of the NPR-A, village corporation surface rights, subsurface issues related to Artic Slope Regional Corporation and user agreements.  Recommendations were given concerning seismic testing on Atqasuk lands.

 

July 1994

 

 

 

 

"To complete the construction phase this summer, it is recommended that a Force Account method be used to complete the levee project... the City could contribute its share of project costs by constructing the levee using city owned equipment."

 

Conceptual Design Study Report for Flood Damage Reduction at Fort Yukon. 

 

This report was funded under a 404 Mitigation Grant by the Federal Emergency Management Agency.  BE&A was assisted by Mike Horne, R.L.S. of SENTEC, Inc.  The report evaluated possible mitigation measures and determined the most cost effective means of proving flood control improvements for the community.  A chart documents major flooding occurrences in Fort Yukon, which Mr. Englishoe personally experienced during the flood of 1982.  Over 70 local residents attended flood control meeting. 

 

March 1994

 

 

 

 

 

"Initiate land exchange negotiations with the state after ownership and access issues are resolved"

 

Native Village of Eklutna Land Use and Access Plan for Lands Located within the Eklutna Flats. 

 

This plan provides a detailed history of transactions relating to a parcel of land owned by the tribe.  The purpose of the report was to address ownership and road access issues that were impeding the development of tribal property.  The report dealt with the purchase of rights-of-way, property taxes, fair market appraisals, land exchange recommendations and Municipal of Anchorage zoning requirements.

 

March 1993

 

 

 

 

 

 

"Land not developed under ANILCA Section 904, which amended ANCSA 21(j), is exempt from real property taxes for a period of 20 years from the date which the corporation received title to land to be subdivided."

 

General Outline View of a Shareholder Homesite Land Distribution Program.  

 

This outline was presented at the 1993 Statewide Annual Alaska Native Claims Settlement Act 14(c) Seminar sponsored by the Alaska Native Foundation and the Alaska Department of Community and Regional Affairs.  Mr. Englishoe’s presentation to village delegates covered land ownership, ANCSA Section 21(j) provisions, shareholder and corporation tax liabilities, adverse possession, distribution of corporate assets and restrictive covenants.  Subdivision platting regulations, right-of-purchase options, land protections and subdivision design standards were also covered. 

 

March 1993

 

 

 

"We pray that our grandchildren will use and respect these lands as our forefathers have done before us."

 

Native Village of Northway Land Use Plan. 

 

B&B Environmental, Inc. and BE&A drafted this plan for the community of Northway.  The main goal of the plan was to enhance the social, economic and traditional needs of tribal members.  Major issues discussed were preserving traditional and cultural ways, establishing an economic base for the village and meaningful employment for local residents. 

 

April 1993

 

 

 

 

 

"This Plan was designed to be a decision-making tool for use by the City of Bethel and its residents in managing lands created by the construction of the Bethel Seawall."

 

Comprehensive Land Use and Development Plan for the City of Bethel's Tidelands.

 

Land use, economic development and public access were addressed within the plan.  The report contains recommendations relating to amending the city's land use ordinances, updating land use maps, relocating floating docks for public safety purposes and negotiating a long-term lease with the state for reclaimed tidelands.  The plan also presented information on recognizing riparian rights and executing subleases with upland owners.

 

April 1993

 

 

 

 

 

 

"Land not developed under ANILCA Section 904, which amended ANCSA 21(j), is exempt from real property taxes for a period of 20 years from the date which the corporation received title to land to be subdivided."

 

Atqasuk Corporation Shareholder Homesite Distribution Program-Shareholder Packet, April 27, 1993

 

This packet outlines procedures that were used to distribute shareholder homesites.  The report discusses the use of a random homesite lottery to ensure that parcels were distributed on an equal basis.  Exchange agreements were included that allowed original shareholders to exchange lots among themselves before deeds were formally issued.  Restrictive covenants were enclosed that gave the corporation a "Right-of-First-Refusal", which gives Atqasuk the first option to purchase a homesite on the same terms as a third party.  

 

February 1993

 

 

 

 

 

"The 1992 Atqasuk Shareholder Homesite and Housing Needs Questionnaire revealed that forty-four (44%) percent of individuals considered their homes too small for the size of their family."

 

Housing Needs, Shareholder Homesite Program, Land Status and Land Use Recommendations Report for Atqasuk, Alaska.

 

This report was development for the Atqasuk Corporation for use by the City of Atqasuk and the North Slope Borough Housing Department in developing a Demonstration Homes Program (DHP).  One of the main purposes of the study was to ensure homesites distributed to shareholders complied with DHP requirements.  The plan covered land ownership transactions, restrictive covenants, subdivision development standards and zoning recommendations. 

 

September 1992

 

 

 

"Dot Lake Village Council is responsible for the welfare of all present and future tribal members.  Without a land base, we cannot accomplish this goal."

Native Village of Dot Lake Land Use Plan. 

 

B&B Environmental, Inc. and BE&A assisted the tribe in managing traditional lands by establishing recommendations for preserving tribal lands and resources for all generations.  Land use maps were used to identify areas for subsistence, village expansion, economic development and public use. 

 

February 1991

 

 

 

 

 

 

 

"It is safe to state that minimal short and long term environmental impacts will result from the construction of roads within Mary Jackson Subdivision.  It can be concluded that no practical alternative is available other than using forested wetlands for the construction of roads."

Environmental Assessment for the Construction of Roads within Mary Jackson Subdivision, Klawock, AK - , BIA Project No. 10(1)

 

The Bureau of Indian Affairs contact for this assessment was Arron Weston, P.E., Highway Engineer.  BE&A worked with the Alaska Departments of Transportation/Public Facilities, Natural Resources, Environmental Conservation, Fish and Game and Office of Governmental Coordination.  Federal agencies involved in the project were the BIA, Forest Service, Army Corps of Engineers, Environmental Protection Agency, Coast Guard, Fish and Wildlife and National Marine Fisheries.  Mr. Englishoe helped determine whether subdivision streams were anadromous, which require the use of special fish pass culverts.  The assessment confirmed that proposed roads complied with the 1984 Klawock Coastal Management Plan. 

 

February 1990

 

 

 

 

This plan outlines BIA funding opportunities such as the Indian Business Development Program, Indian Revolving Loan Program and Loan Guaranty Fund.

 

Elephant Lake Cultural Theme Park Marketing/Visitor Study. 

 

The Cannelos Group and BE&A developed this plan to provide the Salamatof Tribal Council (STC) with objective marketing information to assist in the development of a commercial resort on tribal property near Kenai.  The study summarized grant funding opportunities, emphasized the significance of tribal enrollment and stressed the importance of establishing a high quality cultural program.  BE&A recommended that the STC sponsor internships with the management of the Native American owned Kah-Nee-Ta Resort in Oregon.

 

January 1990

 

 

 

 

 

 

"Describe the first village contract with white settlers.  Grant reviewers might be surprised by the brief amount of time that Alaska Natives have been in contact with western culture."

 

Example ANA Grant Application Outline for the Transfer of Village Corporation Land to a Tribal Government.

 

This outline summarizes procedures for acquiring an ANA grant for transferring village corporate lands to a tribal government.  Issues discussed were:

  • shareholder approval of a land transfer
  • possible affects of the proposed "1991" amendments
  • land protections under tribal government jurisdiction

 Additional topics were stockholder quorum requirements, resolutions of support and corporate legal requirements.

 

May 1987

 

 

 

"Self-determination can only occur if tribal governments exercise their authority in a progressive step by step process that shows Alaska Natives are serious about their land and jurisdictional powers."

 

Summary of Issues Related to the Transfer of ANCSA Corporation Land to a Tribal Government

 

This report was prepared for the Central Council of Tlingit and Haida Indian Tribes of Alaska.  The document covered "1991" legislation, land transfer procedures, research topics, corporate concerns and tribal government issues.  Other topics include tribal land use ordinances, selection of lands, jurisdictional powers and effects of ANCSA on Alaska Natives. 

 

April 1982

 

 

 

 

 

 

 

"Please, take what I say and use your knowledge in a way that will encourage government agencies to fulfill their obligations under ANILCA and most of all their obligations to Native people."

 

Testimony of Bartz Englishoe Before the Subcommittee on Public Lands and National Parks of the Committee on Interior and Insular Affairs of the United States House of Representatives on the Implementation of the Alaska National Interest Lands Conservation Act. 

 

Testimony was presented on subsistence, the International Porcupine Caribou Treaty, Native Allotments and local hire provisions under Section 1308 of ANILCA.  Mr. Englishoe worked with Alaska's Congressional delegation on promoting amendments to ANILCA.

 

February 1980

 

 

  

"The first white man to reach the Yukon Flats was John Bell of the Hudson's Bay Company, traveling from the Mackenzie River in 1845."

 

The Yukon Flats - Beaver, Birch Creek, Chalkyitsik, Circle, Fort Yukon and Venetie. 

 

This report gives a history of the Yukon Flats and documented educational, subsistence, geology and petroleum potential in the region.  The study detailed many aspects of living in the flats.

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