C.F.R. » Title 43 » CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER B—LAND RESOURCE MANAGEMENT (2000) Group 2000—Land Resource Management; General › PART 2560—ALASKA OCCUPANCY AND USE › Subpart 2561—Native Allotments

43 C.F.R. § 2561.0-5

Definitions

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As used in the regulations in this section.

(a) The term substantially continuous use and occupancy contemplates the customary seasonality of use and occupancy by the applicant of any land used by him for his livelihood and well-being and that of his family. Such use and occupancy must be substantial actual possession and use of the land, at least potentially exclusive of others, and not merely intermittent use.

(b) Allotment is an allocation to a Native of land of which he has made substantially continuous use and occupancy for a period of five years and which shall be deemed the homestead of the allottee and his heirs in perpetuity, and shall be inalienable and nontaxable except as otherwise provided by the Congress.

(c) Allotment Act means the Act of May 17, 1906 (34 Stat. 197), as amended (48 U.S.C. 357, 357a, 357b).

Notes of Decisions
Cited in 5 cases, 1976–2010 · leading case: Mary T. Akootchook Sergie Alexanderoff Daniel Akootchook George Akootchook Adeline Jim v. United States of Am. Gale A. Norton, 271 F.3d 1160 (9th Cir. 2001).
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Mary T. Akootchook Sergie Alexanderoff Daniel Akootchook George Akootchook Adeline Jim v. United States of Am. Gale A. Norton, 271 F.3d 1160 (9th Cir. 2001). · cites it 3× “The IBLA’s practice arose from its interpretation of 43 C.F.R. § 2561.0-5 (a), which provides that qualifying use and occupancy under the ANAA “contemplates the customary seasonality of use and occupancy by the applicant of any land used by him for his livelihood and well-being…”
Sarah Pence v. Thomas S. Kleppe, Individually & as Sec'y of the Interior of the United States & His Agents, & the United States of Am., 529 F.2d 135 (9th Cir. 1976). “43 C.F.R. § 2561.0-5 (a). Thus, an applicant can meet the required qualifications by showing seasonal use of the claimed land, potentially exclusive of others, for five consecutive years for such customary purposes as hunting, fishing, or berry picking.”
Jachetta v. United States, 94 Fed. Cl. 277 (Fed. Cl. 2010). “43 C.F.R. § 2561.0-5 (a) defines "substantially continuous use and occupancy” as follows: The term .”
Aguilar v. United States, 474 F. Supp. 840 (D. Alaska 1979). “43 C.F.R. § 2561.0-5 (a). Thus, an applicant can meet the required qualifications by showing seasonal use of the claimed land, potentially exclusive of others, for five consecutive years for such customary purposes as hunting, fishing, or berry picking.”
Eluska v. Andrus, 587 F.2d 996 (9th Cir. 1978). “43 C.F.R. § 2561.0-5 (a) (1977). The land Elus-ka claims was examined in July, 1973.”
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