[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: 43CFR2650.7]



[Page 191]

 

                    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.  2650.7  Publication.



    In order to determine whether there are any adverse claimants to the 

land, the applicant should publish notice of his application. If the 

applicant decides to avail himself of the privilege of publishing a 

notice to all adverse claimants and requests it, the authorized officer 

will prepare a notice for publication. The publication will be in 

accordance with the following procedure:

    (a) The applicant will have the notice published allowing all 

persons claiming the land adversely to file in the appropriate land 

office their objections to the issuance of any conveyance. The notice 

shall be published once a week for 4 consecutive weeks in a newspaper of 

general circulation.

    (b) The applicant shall file a statement of the publisher, 

accompanied by a copy of the published notice, showing that publication 

has been had for 4 consecutive weeks. The applicant must pay the cost of 

publication.

    (c) Any adverse claimant must serve on the applicant a copy of his 

objections and furnish evidence of service thereof to the appropriate 

land office.

    (d) For all land selections made under the Act, in order to give 

actual notice of the decision of the Bureau of Land Management proposing 

to convey lands, the decision shall be served on all known parties of 

record who claim to have a property interest or other valid existing 

right in land affected by such decision, the appropriate regional 

corporation, and any Federal agency of record. In order to give 

constructive notice of the decision to any unknown parties, or to known 

parties who cannot be located after reasonable efforts have been 

expended to locate, who claim a property interest or other valid 

existing right in land affected by the decision, notice of the decision 

shall be published once in the Federal Register and, once a week, for 

four (4) consecutive weeks, in one or more newspapers of general 

circulation in the State of Alaska nearest the locality where the land 

affected by the decision is situated, if possible. Any decision or 

notice actually served on parties or constructively served on parties in 

accord with this subsection shall state that any party claiming a 

property interest in land affected by the decision may appeal the 

decision to the Board of Land Appeals. The decision or notice of 

decision shall also state that:

    (1) Any party receiving actual notice of the decision shall have 30 

days from the receipt of actual notice to file an appeal; and,

    (2) That any unknown parties, any parties unable to be located after 

reasonable efforts have been expended to locate, and any parties who 

failed or refused to sign a receipt for actual notice, shall have 30 

days from the date of publication in the Federal Register to file an 

appeal. Furthermore, the decision or notice of decision shall inform 

readers where further information on the manner of, and requirements 

for, filing appeal may be obtained, and shall also state that any party 

known or unknown who may claim a property interest which is adversely 

affected by the decision shall be deemed to have waived their rights 

which were adversely affected unless an appeal is filed in accordance 

with the requirements stated in the decisions or notices provided for in 

this subsection and the regulation governing such appeals set out in 43 

CFR part 4, subpart E.



[38 FR 14218, May 30, 1973, as amended at 41 FR 14737, Apr. 7, 1976; 41 

FR 17909, Apr. 29, 1976; 49 FR 6373, Feb. 21, 1984]