[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: 43CFR2561.1]



[Page 139-140]

 

                    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.  2561.1  Applications.



    (a) Applications for allotment properly and completely executed on a 

form approved by the Director, Bureau of Land Management, must be filed 

in the proper office which has jurisdiction over the lands.

    (b) Any application for allotment of lands which extend more than 

160 rods along the shore of any navigable waters shall be considered a 

request for waiver of the 160-rod limitation (see part 2094 of this 

chapter).

    (c) If surveyed, the land must be described in the application 

according to legal subdivisions and must conform to the plat of survey 

when possible. If unsurveyed, it must be described as accurately as 

possible by metes and bounds and tied to natural objects. On unsurveyed 

lands, the application



[[Page 140]]



should be accompanied by a map or approved protracted survey diagram 

showing approximately the lands included in the application.

    (d) An application for allotment shall be rejected unless the 

authorized officer of the Bureau of Indian Affairs certifies that the 

applicant is a native qualified to make application under the Allotment 

Act, that the applicant has occupied and posted the lands as stated in 

the application, and that the claim of the applicant does not infringe 

on other native claims or area of native community use.

    (e) The filing of an acceptable application for a Native allotment 

will segregate the lands. Thereafter, subsequent conflicting 

applications for such lands shall be rejected, except when the 

conflicting application is made for the conveyance of lands pursuant to 

any provision of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 

et seq.).

    (f) By the filing of an application for allotment the applicant 

acquires no rights except as provided in paragraph (e) of this section. 

If the applicant does not submit the required proof within six years of 

the filing of his application in the proper office, his application for 

allotment will terminate without affecting the rights he gained by 

virtue of his occupancy of the land or his right to make another 

application.



[35 FR 9597, June 13, 1970, as amended at 39 FR 34542, Sept. 26, 1974]