[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: 43CFR2563.2-1]



[Page 144-145]

 

                    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,



[[Page 145]]



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 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)