[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: 43CFR2564.7]



[Page 146-147]

 

                    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



[[Page 147]]



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 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]