[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: 43CFR2564.7]

[Page 150-151]
 
                    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 2564_Native Townsites
 
Sec. 2564.7  Determination of competency or noncompetency; issuance of 
unrestricted deed.

    (a) Upon a determination by the Bureau of Indian Affairs that the 
applicant is competent to manage his own affairs, and in the absence of 
any conflict or other valid objection, the townsite trustee will issue 
an unrestricted deed to the applicant. Thereafter all restrictions as to 
sale, encumbrance, or taxation of the land applied for shall be removed, 
but the said land shall not be liable to the satisfaction of any debt, 
except obligations owed to the Federal Government, contracted prior to 
the issuance of such deed. Any adverse action under this section by the 
townsite trustee shall be subject to appeal to the Board of Land 
Appeals, Office of the Secretary, in accordance with part 4 of 43 CFR 
Subtitle A.
    (b) In the event the Area Director determines that the applicant is 
not competent to manage his own affairs, he shall so inform the 
applicant, and such applicant shall have a right of appeal

[[Page 151]]

from such finding or decision to the Commissioner of Indian Affairs, 
within 60 days from the date of notification of such finding or 
decision. The appeal shall be filed with the Area Director. Should the 
Commissioner uphold the decision of the Area Director, he shall notify 
the applicant of such action, informing him of his right of appeal to 
the Secretary of the Interior.
    (c) Except as provided in this section, the townsite trustee shall 
not issue other than restricted deeds to Indian or other Alaska natives.

(43 U.S.C. 733-735, 737)

[35 FR 9601, June 13, 1970, as amended at 41 FR 29122, July 15, 1976]