[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: 43CFR2563.1-1]



[Page 143-144]

 

                    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.  2563.1-1  Application.



    (a) Form and contents of applications. Applications under the Act of 

March 3, 1927, must be filed in duplicate in the proper office for the 

district in which the land is situated, and the claim must be in 

reasonably compact form. 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) The age and citizenship of applicant.

    (2) The actual use and occupancy of the land for which application 

is made for a homestead or headquarters.

    (3) The date when the land was first occupied as a homestead or 

headquarters.

    (4) The nature of the trade, business, or productive industry in 

which applicant or his employer, whether a citizen, an association of 

citizens, or a corporation is engaged.

    (5) The location of the tract applied for with respect to the place 

of business and other facts demonstrating its adaptability to the 

purpose of a homestead or headquarters.

    (6) 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 

natives of Alaska, or occupied as a town site or missionary station or 

reserved from sale, and that the tract does not include improvements 

made by or in possession of another person, association, or corporation.

    (7) That the land is not included within an area which is reserved 

because of springs thereon. All facts as to medicinal or other springs 

must be stated, in accordance with Sec.  2311.2(a).

    (8) That no part of the land is valuable for mineral deposits other 

than coal, oil or gas, and that at the date of location no part of the 

land was claimed under the mining laws.

    (9) If the land desired for purchase is surveyed, the application 

must include a description of the tract 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,



[[Page 144]]



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.

    (10) If the land is unsurveyed, the application must be accompanied 

by a petition for survey, describing the tract 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.

    (b) Filing fee. All applications must be accompanied by an 

application service fee of $10 which will not be returnable.

    (c) Time for filing application. Application to purchase a claim, 

along with the required proof or showing, must be filed within 5 years 

after the filing of notice of the claim.