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 Appeals and Contests, Part 221 of this chapter, may be taken from the decision of the au

thorized officer of the Bureau of Land Management.

SEGREGATION OF OCCUPIED LANDS

§ 67.11 Occupied lands not subject to entry.

Lands occupied by Indians, Aleuts, and Eskimos in good faith are not subject to entry or appropriation by others. [Circ. 2008, F.R. 9485, Dec. 6, 1958]

POSSESSORY CLAIM HEARINGS

§ 67.12 Rules of practice for hearings upon possessory claims to lands and waters used and occupied by natives of Alaska.

(a) Petitions of native groups. Petitions of native groups of Alaska concerning possessory claims to lands and waters based upon any of the foregoing statutes or upon use or occupancy maintained from aboriginal times to the present day, but not evidenced by formal patent, deed or Executive order, shall be filed with the Secretary of the Interior on or before December 31, 1952. No petition filed thereafter will be considered by the Department. A copy of any such petition shall be forthwith transmitted to the Commissioner of Indian Affairs and the Director of the Bureau of Land Management for preliminary investigations and reports, and such reports shall be made a part of the record at the hearing.

The

(b) Hearing and notice. The Secretary of the Interior or such other presiding officer as may be designated by the Secretary of the Interior shall hold public hearings upon the possessory claims of native groups of Alaska. Secretary will give notice of the hearings by publication of the time, place, and subject matter of the hearing in the FEDERAL REGISTER. The Secretary will also cause a copy of the said notice to be mailed to the last known address of all parties who are shown by the preliminary investigations to have interests in the area concerned which may be adversely affected by the claims asserted. The hearing may be continued from time to time and adjourned to a later date or a different place without notice other than the announcement thereof by the presiding officer at the hearing.

(c) Powers of presiding officer. (1) The hearing shall be conducted in an informal but an orderly manner in accordance with the rules of practice hereinafter set forth. Matters of procedure

not covered by this section shall be deItermined by the presiding officer. He shall have power to: (i) Administer oaths; (ii) rule upon motions and requests; (iii) examine witnesses and receive evidence; (iv) admit or exclude evidence and rule upon objections; (v) hear oral arguments and receive memoranda on facts and law in his discretion; (vi) do all acts and take all measures necessary for the maintenance of order at the hearing and the official conduct of the proceeding.

(2) At any stage of the hearing, the presiding officer may call for further evidence upon any matter. In the event that the hearing shall be reopened for the purpose of receiving further evidence, due and reasonable notice of the time and place for the taking of evidence shall be published in the FEDERAL REGISTER and sent to all parties who appeared at the hearing.

(3) The presiding officer may take official notice of any generally recognized fact, any established technical or scientific fact, or any official public records.

(d) Appearances. Any interested person including any agency of the Department or other governmental agency shall be given an opportunity to appear either in person or through authorized counsel or other representation and to be heard with respect to matters relevant and material to the proceeding. Each such person or representative shall be required to inform the presiding officer of his name and address, the names, addresses and occupations of persons, if any, whom he represents and the position he takes with respect to the issues of the hearing. Where a person appears through counsel or representation, such counsel or representative shall before proceeding to testify, or otherwise to participate in the hearing, state for the record his authority to act as such counsel or representative.

(e) Evidence. (1) The evidence of the witnesses shall be given under oath. Witnesses may be questioned by the presiding officer or by any person who has entered an appearance for the purpose of assisting the presiding officer in ascertaining the material facts with respect to the subject matter of the hearing.

(2) The evidence, including affidavits, records, documents and exhibits received at the hearing, shall be reported and a transcript thereof shall be made. In the discretion of the presiding officer, written evidence may be received without being

read into the record. Every party shall be afforded adequate opportunity to cross-examine, rebut or offer contravening evidence. Evidence shall be received with respect to the matters specified in the notice of the hearing in such order as the presiding officer shall announce.

(f) Rules of evidence. All evidence having reasonable probative value shall be admitted, regardless of common law or statutory rules of evidence, but immaterial, irrelevant or unduly repetitious evidence shall be excluded.

(g) Opinion evidence. In the discretion of the presiding officer, opinion evidence by properly qualified witnesses may be admitted.

(h) Stipulations. In the discretion of the presiding officer, stipulations of facts signed by the parties or their representatives may be introduced.

(i) Depositions. The presiding officer may order evidence to be taken by deposition at any stage of the proceeding before any person designated by him and having the power to administer oaths or affirmations. Unless notice be waived, no deposition shall be taken except after reasonable notice to the parties. Any person desiring to take a deposition of a witness shall make application in writing setting out the reasons why such deposition should be taken and stating the time when, the place where, and the name and address of the person before whom it is desired the deposition should be taken, the name and address of the witness and the subject matter concerning which the witness is expected to testify. If good reason be shown, the presiding officer will make and serve upon the parties or their attorneys an order naming the witness whose deposition is to be taken and specifying the time when, the place where, and the person before whom the witness is to testify. These may or may not be the same as those named in the application. The deponent shall be subject to cross-examination by all the parties appearing. In lieu of oral cross-examination, parties may transmit written cross-interrogations to the deponent. The testimony of the witness shall be reduced to writing by the officer before whom the deposition is taken, or under his direction, after which the deposition shall be subscribed by the witness and certified in the usual form by the officer. Such deposition, unless otherwise ordered by the presiding officer for good cause shown, shall be filed in the record in the proceeding and a copy thereof

supplied to the party upon whose application said deposition was taken or his attorney.

(j) Objections. It shall not be necessary to make formal exceptions to adverse rulings of the presiding officer upon objections.

(k) Oral arguments and briefs. (1) Oral arguments may be permitted in the discretion of the presiding officer. Such arguments shall be made a part of the transcript, if the presiding officer so orders.

(2) Briefs and proposed findings of fact and conclusions of law may not be filed after 30 days from the close of the hearing unless otherwise ordered by the presiding officer.

(1) Filing the record of the hearing. As soon as practicable after the close of the hearing the complete record shall be filed with the presiding officer. It shall consist of the transcript of the testimony and include exhibits and any written arguments that may have been filed. This record shall be the sole official record. No free copies of the record will be available in any proceeding under this section.

(m) Action of presiding officer. Within a reasonable time of the filing of the record of the hearing, the presiding officer shall file with the Secretary of the Interior a report upon the possessory claims of the petitioner which shall contain findings of fact and conclusions of law with respect to such claims. Unless final authority has been delegated by the Secretary to the presiding officer, the Secretary of the Interior will approve, disapprove or modify the findings and conclusions of the presiding officer. The determinations finally made shall be published in the FEDERAL REGISTER and a copy thereof shall be mailed to each party who appeared at the hearing or who received actual written notice of the hearing.

(n) Rehearing. Upon good shown within 30 days of the publication of the presiding officer's report, the Secretary in his discretion may order a rehearing.

(Sec. 8, 23 Stat. 26, sec. 15, 26 Stat. 1101, secs. 1, 10, 30 Stat. 409, 413, as amended, secs. 2, 27, 31 Stat. 321, as amended, 330, sec. 1, 43 Stat. 464, as amended, sec. 1, 49 Stat. 1250; 48 U.S.C. 356 and note, 358, 371, 359, 61, 221, 362) [19 F.R. 8860, Dec. 23, 1954] RESERVATIONS FOR INDIANS AND ESKIMOS § 67.13 Extension of certain provisions of the Wheeler-Howard Act to Alaska; establishment of reservations.

(a) The inherent power conferred upon the Secretary of the Interior by section 441, Revised Statutes (5 U.S.C. 485), to supervise the public business relating to the Indians includes the supervision over reservations in the State of Alaska created in the interest of the natives and the authority to lease lands therein for their benefit. Opinion of the solicitor, May 18, 1923 (49 L.D. 592).

(b) The act of May 1, 1936 (49 Stat. 1250; 48 U.S.C., Sup., 358a, 362) extends certain provisions of the act of June 18, 1934 (48 Stat. 984; 25 U.S.C. 461-479), known as the Wheeler-Howard Act, to Alaska, and provides for the designation of Indian reservations in the State.

(c) The act of May 31, 1938 (52 Stat. 593; 48 U.S.C. 353a), authorizes the Secretary of the Interior in his discretion to withdraw, subject to any valid existing rights, and permanently reserve, small tracts of not to exceed 640 acres each of the public domain in Alaska, for schools, hospitals, and such other purposes as may be necessary in administering the affairs of the Indians, Eskimos, and Aleuts of Alaska. [19 F.R. 8861, Dec. 23, 1954]

PART 69-MINERAL LANDS; GENERAL MINING REGULATIONS LOCATION AND ENTRY OF MINERAL LANDS IN ALASKA

Sec.

cause

(0) Public notice of regulations. Public notice of the issuance of the foregoing rules of practice for hearings shall be given by publishing the same in the FEDERAL REGISTER.

(p) Revision of section. This section may be revised by the Secretary of the Interior at any time without prior notice and such revision shall be published in the FEDERAL REGISTER.

69.8

69.19 69.20

No title to be acquired; rights of future States.

SCHOOL SECTIONS

Statutory authority; mining claims. Mining locations, entries and patents. SOURCE: §§ 69.1 to 69.20 appear at 19 F. R. 8862, Dec. 23, 1954.

CROSS REFERENCES: For mineral lands, general mining regulations, see Part 185 of this chapter. For surveys in Alaska, see Part 78 of this chapter. For surveys and resurveys, general, see Parts 280, 281 of this chapter. LOCATION AND ENTRY OF MINERAL LANDS IN ALASKA 1

AUTHORITY: §§ 69.1 to 69.10 issued under R. S. 2478; 43 U. S. C. 1201.

§ 69.1 Laws relating to mining claims extended to Alaska.

The laws of the United States relating to mining claims were extended to Alaska by section 8 of the act of May 17, 1884 (23 Stat. 26), and sections 15, 16, and 26 of the act of June 6, 1900 (31 Stat. 327-329; 48 U.S.C. 119, 120, 381-383), again, in terms, extended the mining laws of the United States and all rights incident thereto, to the State, with certain further provisions with respect to the acquisition of claims thereunder.2 § 69.2

Law in respect to placer claims. (a) The law in respect to placer claims in Alaska was modified and amended by the act of August 1, 1912 (37 Stat. 242), and section 4 of that act was amended by the act of March 3, 1925 (43 Stat. 1118).

1 The general mining regulations contained in Part 185, as modified and supplemented by the regulations in this part, are effective in the State of Alaska. For laws relating to mining enacted by the State, see Session Laws of Alaska, March 14, 1935, Ch. 76, and March 9, 1939, Ch. 77.

'See also amendatory acts of May 31, 1938 and August 8, 1947 (52 Stat. 588, 61 Stat. 916; 48 U. S. C. 381).

3

(b) By the act of May 4, 1934 (48 Stat. 663; 48 U. S. C. 381a) the acts of August 1, 1912, and March 3, 1925, were repealed and the general mining laws of the United States applicable to placer mining claims were declared to be in full force and effect in the State.

§ 69.3 Annual assessment work on mining claims and proof thereof.

Under the act of March 2, 1907 (34 Stat. 1243; 48 U.S.C. 384, 385), an unpatented mining claim in Alaska becomes forfeited for failure to complete the required assessment work during any assessment period, the act containing no provision for the protection or preservation of such claim through resumption of work.

§ 69.4 Identification of lands.

A statement as to descriptions should be incorporated in field notes of survey not tied to a corner of the public survey, and in applications for patent based thereon.5

3 Sec. 3 of the act of May 4, 1934 (48 Stat. 663; 48 U. S. C. 381a) provided: "This Act shall take effect thirty days subsequent to the date of convening of the first regular session of the Alaska Territorial Legislature which is held after the passage of this Act." The next legislature convened on the second Monday of January, 1935.

The act of March 2, 1907 (34 Stat. 1243; 48 U. S. C. 384, 385), prescribes the requirements as to annual assessment work on mining claims in Alaska and the manner of making proof thereof.

The field notes of survey of all claims within the State of Alaska, and all applications for patent based thereon, where the survey is not tied to a corner of the public survey, shall contain a description of the location or mineral monument to which the survey is tied by giving its latitude and longitude and its position with reference to rivers, creeks, mountains, or mountain peaks, towns or other prominent topographical points or natural objects or monuments, giving the distances and directions as nearly accurate as possible, especially with reference to any well-known trail to a town or mining camp or to a river or mountain appearing on the map of Alaska, which description shall appear regardless of whether or not the survey be tied to an existing monument or to a monument established by the surveyor when making the survey in accordance with existing regulations with reference to the establishment of such monuments. The description of such monument shall appear in a paragraph separate from the description of the courses and distances of the survey.

§ 69.5 Plats and field notes of survey.

Copies of the plats and field notes of survey in mining cases will be made and disposed of in accordance with instructions issued by the Director, Bureau of Land Management.

§ 69.6 Rates for newspaper publications.

Section 2334 of the Revised Statutes (30 U.S.C. 39) provides for the appointment of surveyors to survey mining claims, and authorizes the Director of the Bureau of Land Management to establish the rates to be charged for surveys and for newspaper publications in mining cases. Under this authority of law, the following rates have been established as the maximum charges for newspaper publications:

(a) The charge for the publication of notice of application for patent in a mining case in all districts shall not exceed the legal rates allowed by the laws of Alaska for the publication of legal notices wherein the notice is published, and in no case shall the charge exceed $9.40 for each 10 lines of space occupied. Such charge shall be accepted as full payment for the publication for the entire period required by law.

(b) It is expected that these notices shall not be so abbreviated as to curtail the description essential to a perfect notice, and the said rates are established upon the understanding that the notices are to be set in the usual body type used for legal notices.

(c) Further information relative to publication and a sample of advertisement set up in accordance with Government requirements is given in § 185.85 of this chapter.

§ 69.7 Evidence of title.

(a) Each patent application must be supported by either a certificate of title or an abstract of title certified to by the legal custodian of the records of locations and transfers of mining claims or by an abstracter of titles. The certificate of title or certificate to an abstract of title must be by a person, association, or corporation authorized by the State laws to execute such a certificate and acceptable to the Bureau of Land Management.

(b) A certificate of title must conform substantially to Form 4-1246.

(c) Each certificate of title or abstract of title must be accompanied by single copies of the certificate or notice of the original location of each claim, and of the certificates of amended or supplemental locations thereof, certified to by the legal custodian of the record of mining locations.

(d) A certificate to an abstract of title must state that the abstract is a full, true, and complete abstract of the location certificates or notices, and all amendments thereof, and of all deeds, instruments, or actions appearing of record purporting to convey or to affect the title to each claim.

(e) The application for patent will be received and filed and the order for publication issued, if the certificate of title or the abstract showing full title in the applicant is brought down to a day reasonably near the date of the presentation of the application. A supplemental certificate of title or supplemental abstract of title brought down so as to include the date of the filing of the application must be furnished prior to the expiration of the 60-day period of publication. § 69.8

Statement required that land is unreserved, unoccupied, unimproved, and unappropriated." Each person making application for patent under the mining laws, for lands in Alaska, must furnish a duly corroborated statement showing that no portion of the land applied for is occupied or reserved by the United States, so as to prevent its acquisition under said laws; that the land is not occupied or claimed by natives of Alaska; and that the land is unoccupied, unimproved and unappropriated by any person claiming the same other than the applicant.