[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2561.0-5]



[Page 139]

 

                    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 2561_Native Allotments

 

Sec.  2561.0-5  Definitions.



    As used in the regulations in this section.

    (a) The term substantially continuous use and occupancy contemplates 

the customary seasonality of use and occupancy by the applicant of any 

land used by him for his livelihood and well-being and that of his 

family. Such use and occupancy must be substantial actual possession and 

use of the land, at least potentially exclusive of others, and not 

merely intermittent use.

    (b) Allotment is an allocation to a Native of land of which he has 

made substantially continuous use and occupancy for a period of five 

years and which shall be deemed the homestead of the allottee and his 

heirs in perpetuity, and shall be inalienable and nontaxable except as 

otherwise provided by the Congress.

    (c) Allotment Act means the Act of May 17, 1906 (34 Stat. 197), as 

amended (48 U.S.C. 357, 357a, 357b).