[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: 43CFR2650.5-1]



[Page 189-190]

 

                    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.  2650.5-1  General.



    (a) Selected areas are to be surveyed as provided in section 13 of 

the Act. Any survey or description used as a basis for conveyance must 

be adequate to identify the lands to be conveyed.

    (b) The following procedures shall be used to determine what acreage 

is not to be charged against Native entitlement:

    (1) For any approved plat of survey where meanderable water bodies 

were not segregated from the survey but were included in the calculation 

of acreage to be charged against the Native corporation's land 

entitlement, the chargeable acreage shall, at no cost to the Native 

corporation, be recalculated to conform to the principles contained in 

the Bureau of Land Management's Manual of Surveying Instructions, 1973, 

except as modified by this part. Pursuant to such principles, the 

acreage of meanderable water bodies, as modified by this part, shall not 

be included in the acreage charged against the Native corporation's land 

entitlement.

    (2) For any plat of survey approved after December 5, 1983, water 

bodies shall be meandered and segregated from the survey in accordance 

with the principles contained in the Bureau of Land Management's Manual 

of Surveying Instructions, 1973, as modified by this part, as the basis 

for determining acreage chargeability.

    (3) If title to lands beneath navigable waters, as defined in the 

Submerged Lands Act, of a lake less than 50 acres in size or a river or 

stream less than 3 chains in width did not vest in the State on the date 

of Statehood, such lake, river or stream shall not be meandered and 

shall be charged against the Native corporation's entitlement.

    (4) Any determinations of meanders which may be made pursuant to 

this paragraph shall not require monumentation on the ground unless



[[Page 190]]



specifically required by law or for good cause in the public interest.



[38 FR 14218, May 30, 1973, as amended at 50 FR 15547, Apr. 19, 1985]