[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2563.2-1]

[Page 148-149]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2560_ALASKA OCCUPANCY AND USE--Table of Contents
 
                 Subpart 2563_Homesites or Headquarters
 
Sec. 2563.2-1  Procedures for initiating claim.

    (a) Who must file. Any qualified person initiating a claim under the 
Act of May 26, 1934, must file notice of the claim for recordation in 
the proper office for the district in which the land is situated, within 
90 days after such initiation.
    (b) Form of notice. The notice must be filed on a form approved by 
the Director in triplicate if the land is unsurveyed, or in duplicate if 
surveyed, and shall contain: (1) The name and address of the claimant, 
(2) age and citizenship, (3) date of settlement and occupancy, and (4) 
the description of the land by legal subdivisions, section, township and 
range, if surveyed, or, if unsurveyed, by metes and bounds with 
reference to some natural object or permanent monument, giving, if 
desired, the approximate latitude and longitude.
    (c) Failure to file notice. Unless a notice of the claim is filed 
within the time prescribed in paragraph (a) of this section no credit 
shall be given for occupancy of the site prior to filing of notice in 
the proper office, or application to purchase, whichever is earlier.
    (d) Recording fee. The notice of the claim must be accompanied by a 
remittance of $10.00, which will be applied as a service charge for 
recording the notice, and will not be returnable, except in cases where 
the notice is not acceptable to the proper office for recording because 
the land is not subject to the form of disposition specified in the 
notice.
    (e) Form and contents of application. Applications under the Act of 
May 26, 1934, must be filed in duplicate, if for surveyed land, and in 
triplicate, if for unsurveyed land, in the proper office for the 
district within which the land is situated.

An application need not be under oath but must be signed by the 
applicant and corroborated by the statements of two persons and must 
show the following facts:
    (1) Full name, post office address and age of applicant.
    (2) Whether the applicant is a native-born or naturalized citizen of 
the United States, and if naturalized, evidence of such naturalization 
must be furnished.
    (3) A description of the habitable house on the land, the date when 
it was placed on the land, and the dates each year from which and to 
which the applicant has resided in such house.
    (4) That no portion of the tract applied for is occupied or reserved 
for any purpose by the United States, or occupied or claimed by any 
native of Alaska, or occupied as a townsite, or missionary station, or 
reserved from sale, and that the tract does not include improvements 
made by or in the possession of any other person, association, or 
corporation.
    (5) That the land is not included within an area which is reserved 
because of hot, medicinal or other springs, as explained in Sec. 
2311.2(a) of this chapter. If there be any such springs upon or adjacent 
to the land, on account of which the land is reserved, the facts 
relative thereto must be set forth in full.
    (6) That no part of the land is valuable for mineral deposits other 
than coal, oil or gas, and that at the date of

[[Page 149]]

location no part of the land was claimed under the mining laws.
    (7) That the applicant has not theretofore applied for land under 
said act, or if he has previously purchased a tract he should make a 
full showing as to the former purchase and the necessity for the second 
application.
    (8) An application for surveyed land must describe the land by 
aliquot parts of legal subdivisions, not exceeding 5 acres. If the tract 
is situated in the fractional portion of a sectional lotting, the lot 
may be subdivided; where such subdivision, however, would result in 
narrow strips or other areas containing less than 2\1/2\ acres, not 
suitable for disposal as separate units, such adjoining excess areas, in 
the discretion of the authorized officer and with the consent of the 
applicant, may be included with the tract applied for, without 
subdividing, and the application will be amended accordingly. Where a 
supplemental plat is required to provide a proper description, it will 
be prepared at the time of approval of the application.
    (9) All applications for unsurveyed land must be accompanied by a 
petition for survey, describing the land applied for with as much 
certainty as possible, without actual survey, not exceeding 5 acres, and 
giving the approximate latitude and longitude of one corner of the 
claim.
    (f) Filing fee. All applications must be accompanied by an 
application service fee of $10 which will not be returnable.

(Sec. 10, 30 Stat. 413, as amended; 48 U.S.C. 461)