(a) The as § 67.1 Statutory authority. act of May 17, 1906 (34 Stat. 197), amended August 2, 1956 (70 Stat. 954; 48 U. S. C. 357), authorizes the Secretary of the Interior to allot not to exceed 160 acres of vacant, unappropriated, and unreserved nonmineral land in Alaska or, subject to the provisions of the act of March 8, 1922 (42 Stat. 415; 48 U. S. C. 376-377), of vacant, unappropriated, and unreserved public land in Alaska that may be valuable for coal, oil, or gas deposits, or, under certain conditions, of national forest lands in Alaska, to certain Indians, Aleuts, or Eskimos of full or mixed blood, who reside in and are natives of Alaska. as (b) Under the Allotment Act, amended, an applicant for allotment must be at least 21 years of age or the head of a family. (c) Under the terms of the Allotment Act, as amended, the land allotted is deemed to be the homestead of the allottee and his heirs in perpetuity, and is inalienable and nontaxable. An Indian, Aleut, or Eskimo who receives an allotment under the act, or his heirs, however, may with the approval of the Secretary, convey the complete title to the allotted land by deed. The allotment shall thereafter be free of any restrictions against alienation and taxation unless the purchaser is an Indian, Aleut, or Eskimo native of Alaska who the Secretary determines is unable to manage the land without the protection of the United States and the conveyance provides for a continuance of such restrictions. § 67.2 National forest lands. Allotments may be made in national forests if founded on occupancy of the land prior to the establishment of the particular forest or if an authorized officer of the Department of Agriculture certifies that the land in the application for allotment is chiefly valuable for agricultural or grazing purposes. § 67.3 Coal, oil, or gas lands. Lands in applications for allotment and allotments that may be valuable for coal, oil, or gas deposits are subject to the regulations of Part 66 of this chapter. § 67.4 Number of allotments; contiguity. (a) No more than one allotment may be made to any one person. (b) Lands in an allotment must be in a reasonably compact form and cannot consist of incontiguous tracts of land. allotment. § 67.5 Applications for (a) Applications for allotment must be filed, in triplicate on Form 4-021, properly and completely executed, in the land office which has jurisdiction over the lands. The application must be signed by the applicant but if he is unable to write his name, his mark or thumb print must be impressed on the application and witnessed by two persons. (b) If surveyed, the land must be described in the application according to legal subdivisions of the public land surveys. If unsurveyed, it must be described as accurately as possible by metes and bounds and natural objects, and its position with reference to rivers, creeks, mountains or mountain peaks, towns or other prominent topographic points or natural objects or monuments, and to well-known nearby roads and trails, must be given. (c) The application must be accompanied by a statement by the applicant that he has plainly indicated on the ground the corners of the land applied for by setting substantial posts or heaping up mounds of stones on each corner and that he has posted a notice of the application on the land, describing the tract applied for in the terms employed in the application on Form 4-021. (d) Any application for allotment of lands which extend more than 160 rods along the shore of any navigable waters must be accompanied by a showing that the lands are not necessary for harborage, landing and wharf purposes and that the public interests will not be injured by waiver of the 160-rod limitation (see Part 77 of this chapter). (e) Applications for allotment will be referred by the Bureau of Land Management to the Bureau of Indian Affairs for certification by an authorized officer that the applicant is a native qualified to make application under the Allotment Act, as amended. If the application is returned without such a certification, the application will be rejected. (f) The filing of an application for allotment will grant no rights to the applicant over and above those which are specified in §§ 67.6 and 67.11. If the applicant does not submit the proof required by § 67.7 within 6 years of the filing of his application in the land office, his application for allotment will terminate without affecting the rights of the applicant gained by virtue of his occupancy of the land, or his rights to make another application. If the application was filed prior to the effective date of this paragraph, the application will be terminated under this paragraph only by decision of the authorized officer after appropriate notice to the applicant, granting him a reasonable period within which to file proof of continuous use and occupancy of the land as required by the regulation in this part. § 67.6 Segregative effect of applications. The filing of an acceptable application for allotment will segregate the lands to the extent that conflicting ap plications for such lands will be rejected, except when accompanied by a showing that the applicant for allotment has permanently abandoned occupancy of the land. § 67.7 Allotments. An allotment will not be made until the applicant has made satisfactory proof of substantially continuous use and occupancy of the land for a period of five years and the lands are surveyed by the Bureau of Land Management. Such proof must be made in triplicate and filed in the appropriate land office. It must be signed by the applicant, but if he is unable to write his name, his mark or thumb print must be impressed on the statement and witnessed by two persons. The showing of five years' use and occupancy may be submitted with the application for allotment if the applicant has then used and occupied the land for five years, or at any time after the filing of the application when the required showing can be made. The proof should give the name of the applicant, identify the application on which it is based, and appropriately describe the land involved. It should show the periods each year applicant has resided on the land; the amount of the land cultivated each year to garden or other crops; the amount of crops harvested each year; the number and kinds of domestic animals kept on the land by the applicant and the years they were kept there; the character and value of the improvements made by the applicant and when they were made; and the use, if any, to which the land has been put for fishing or trapping. § 67.8 Approval of conveyances. Applications for approval of conveyances by an allottee or his heirs must be filed with the appropriate office of the Bureau of Indian Affairs. § 67.9 Appeals. An appeal pursuant to the rules of practice, Part 221 of this chapter, may be taken from the decision of the authorized officer of the Bureau of Land Management. Part 74-Rights-of-Way NOTE: Executive Order 3861, June 8, 1923, provides as follows: By virtue of the authority vested by the act of Congress approved March 12, 1914, entitled "An Act to authorize the President of the United States to locate, construct and operate railroads in the Territory of Alaska, and for other purposes", the Secretary of the Interior is hereby authorized and directed to operate the railroad or railroads, branch lines, feeders and telegraph and telephone lines incident thereto, constructed or acquired under the act of March 12, 1914, or acts supplemental thereto, in all respects and to all intents and purposes, the same as if the operation thereof had been placed by law under the jurisdiction of the Secretary of the Interior. (See 22 F. R. 11029) RIGHTS-OF-WAY FOR RAILROADS, WAGONROADS, AND TRAMWAYS Sec. 74.18 Showing required in application; service fee. [Amended] 1 Centerhead added by Circular 2008, 23 F. R. 9484, Dec. 6, 1958. (b) All applications must be accompanied by an application service fee of $10 which will not be returnable. CODIFICATION: The existing text of § 74.18 was designated paragraph (a) and paragraph (b) was added by Circular 2001, 23 F. R. 3384, May 20, 1958. RIGHTS-OF-WAY FOR RESERVOIRS AND CANALS AND FOR ROADWAY, POWER, TELEPHONE, AND TELEGRAPH PURPOSES § 74.26 General instructions. CROSS REFERENCE: For service fees on applications, see § 244.3 (b) of this chapter. [Cross Reference added by Circ. 2001, 23 F. R. 3384, May 20, 1958] § 74.27 Rights-of-way for roads, roadways, highways, tramways, trails, bridges, and appurtenant structures. (a) The act of July 24, 1947 (61 Stat. 418; 48 U. S. C. 321d), amended the act of June 30, 1932 (47 Stat. 446), by providing that in all patents for lands taken up, entered, or located in the Territory of Alaska after July 24, 1947, and in all deeds by the United States issued after July 24, 1947, conveying any lands to which it may have reacquired title in said Territory not included within the limits of any organized municipality, there shall be expressed that there is reserved, from the lands described in said patent or deed, a right-of-way thereon for roads, roadways, highways, tramways, trails, bridges, and appurtenant structures constructed or to be constructed by or under the authority of the United States or of any State created out of the Territory of Alaska. (b) When a right-of-way reserved under the provisions of this act is utilized by the United States or under its authority, the head of the agency in charge of such utilization is authorized to determine and make payment for the value of the crops thereon if not harvested by the owner, and for the value of any improvements, or for the cost of removing them to another site, if less than their value. (Interprets or applies secs. 4, 5, 69 Stat. 444; 48 U. S. C. 462 note) [Circ. 1949, 21 F. R. 555, Jan. 25, 1956] Part 75-Sales and Leases SALE OR LEASE OF CERTAIN LANDS IN THE MATANUSKA VALLEY OF ALASKA Sec. 75.8 Action by Alaska Rural Rehabilitation SALE OF LANDS AT PUBLIC AUCTION FOR INDUS- 75.19 Statutory authority. [Revised] 75.22 Lands subject to sale; classification and use. [Amended] 75.23 Application; service fee; limitation on holdings. [Revised] SALE OR LEASE OF CERTAIN LANDS IN THE MATANUSKA VALLEY OF ALASKA § 75.8 Action by Alaska Rural Rehabilitation Corp. (a) *** (b) All applications must be accompanied by an application service fee of $10 which will not be returnable. CODIFICATION: The existing text of § 75.8 was designated paragraph (a) and paragraph (b) was added by Circular 2001, 23 F. R. 3384, May 20, 1958. SALE OF LANDS AT PUBLIC AUCTION FOR INDUSTRIAL OR COMMERCIAL PURPOSES, INCLUDING HOUSING § 75.19 Statutory authority. The sale, at public auction, of tracts not exceeding 160 acres in the aggregate, which have been classified as suitable for industrial or commercial purposes, including construction of housing, is authorized by the act of August 30, 1949. (Interprets or applies secs. 4, 5, 69 Stat. 444; 48 U. S. C. 462 note) [Circ. 1949, 21 F. R. 555, Jan. 25, 1956] $75.22 Lands subject to sale; classiflcation and use. CODIFICATION: Paragraph (d) of § 75.22 was revoked by Circular 1949, 21 F. R. 555, Jan. 25, 1956. § 75.23 Application 1; service fee; limitation on holdings. (a) An application 1 Title 18, U. S. C. sec. 1001, makes it a crime for any person knowingly and wilfully to make to any department or agency of the United States any false, fictitious or fraudulent statements or representations as to any matter within its jurisdiction. may be filed with the appropriate land office by any qualified individual, association of individuals, or corporation, including municipal and public corporations, to purchase land for industrial, commercial, or housing purposes. (b) The application should be executed and filed in duplicate if the land is surveyed, or in triplicate if the land is unsurveyed. Each application should be for only one tract, reasonably compact in form, containing so much land, not exceeding 160 acres, as is actually required for the contemplated enterprise or project. (c) Each application must be accompanied by an application service fee of $10 which will not be returnable, except that the application service fee shall be returned to the applicant where the application is allowed and the sale is held but the applicant is not the successful bidder. In such case, the successful bidder will be required to pay the $10 application service fee. (d) An applicant may file any number of applications, but no award may be made nor may patent issue to any purchaser for land which, with other lands under this act then held by such purchaser, shall exceed 160 acres in the aggregate. (e) The application should contain in substance the following information: (1) Name and address of applicant; age; general nature of his business and principal place of business. (2) An association is required to file a certified copy of its articles of association and the same showing, including holdings of its members, as required of an individual as specified herein. A corporation is required to file a certified copy of its articles of incorporation and a showing that it is qualified to hold real estate in Alaska. (3) Description of the land desired, by legal subdivision, section, township and range, if surveyed, and by metes and bounds with the approximate area, if unsurveyed. The metes and bounds description should be connected by course and distance with some corner of the public land surveys, if practicable, or with reference to rivers, creeks, mountains, towns, islands, or other prominent topographical points or natural objects or monuments. No patent may issue, however, until an official survey is made. (4) A brief but complete statement as to the use to which the land will be put, supplemented by the showings required in § 75.24. (5) A statement of the applicant's interests, direct or indirect, whether as a member of an association or stockholder in a corporation or otherwise, in lands covered by purchase certificates or patents issued under the act, with the acreage thereof, identifying the same by land office and serial or by patent number, and a statement that the total amount of such lands then held by the applicant, together with the lands applied for, do not exceed 160 acres in the aggregate. (f) The application must be signed by the applicant or an attorney in fact; if executed by an attorney in fact it must be accompanied by the power of attorney. Application on behalf of corporation must be accompanied by proof of the signing officer's authority to execute the instrument and must have the corporate seal affixed thereto. When a municipal or public corporation is the applicant, the authority of the signing official or officials to act for the corporation must be furnished, evidenced by a certified copy of the resolution of its governing board or body. (Circ. 2001, 23 F. R. 3384, May 20, 1958] The act of July 7, 1958 (72 Stat. 339, 340), grants to the State of Alaska the right to select, within 25 years after January 3, 1959, not to exceed 400,000 acres of national forest lands in Alaska which are vacant and unappropriated at the time of their selection and not to exceed 400,000 acres of other public lands in Alaska which are vacant, unappropriated, and unreserved at the time of their selection. The act provides that the selected lands must be adjacent to the established communities or suitable for prospective community centers and recreational areas. The act further provides that such lands shall be selected with the approval of the Secretary of Agriculture as to national forest lands and with the approval of the Secretary of the Interior as to other lands, and that no selection shall be made north and west of the line described in section 10 of the act without approval of the President or his designated representative. § 76.2 Applicable regulations. Unless otherwise indicated therein, the regulations in §§ 76.11-76.18 apply to the grant and selection of lands for community purposes. In addition to the requirements of § 76.13, where the selected lands are national forest, the application for selection must be accompanied by a statement of the Secretary of Agriculture or his delegate showing that he approves the selection. |