[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: 43CFR2650.3-2]



[Page 184]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 2650_ALASKA NATIVE SELECTIONS--Table of Contents

 

            Subpart 2650_Alaska Native Selections: Generally

 

Sec.  2650.3-2  Mining claims.



    (a) Possessory rights. Pursuant to section 22(c) of the Act, on any 

lands to be conveyed to village or regional corporations, any person who 

prior to August 31, 1971, initiated a valid mining claim or location, 

including millsites, under the general mining laws and recorded notice 

thereof with the appropriate State or local office, shall not be 

challenged by the United States as to his possessory rights, if all 

requirements of the general mining laws are met. However, the validity 

of any unpatented mining claim may be contested by the United States, 

the grantee of the United States or its successor in interest, or by any 

person who may initiate a private contest. Contest proceedings and 

appeals therefrom shall be to the Interior Board of Land Appeals.

    (b) Patent requirements met. An acceptable mineral patent 

application must be filed with the appropriate Bureau of Land Management 

office not later than December 18, 1976, on lands conveyed to village or 

regional corporations.

    (1) Upon a showing that a mineral survey cannot be completed by 

December 18, 1976, the filing of an application for a mineral survey, 

which states on its face that it was filed for the purpose of proceeding 

to patent, will constitute an acceptable mineral patent application, 

provided all applicable requirements under the general mining laws have 

been met.

    (2) The failure of an applicant to prosecute diligently his 

application for mineral patent to completion will result in the loss of 

benefits afforded by section 22(c) of the Act.

    (3) The appropriate office of the Bureau of Land Management shall 

give notice of the filing of an application under this section to the 

village or regional corporation which has selection rights in the land 

covered by the application.

    (c) Patent requirements not met. Any mineral patent application 

filed after December 18, 1976, on land conveyed to any village or 

regional corporation pursuant to this Act, will be rejected for lack of 

departmental jurisdiction. After that date, patent applications may 

continue to be filed on land not conveyed to village or regional 

corporations until such land is conveyed.



(43 U.S.C. 1601-1624)



[38 FR 14218, May 30, 1973, as amended at 40 FR 33174, Aug. 6, 1975]