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 2562—Trade and Manufacturing Sites

43 C.F.R. § 2562.3

Applications

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(a) Execution. Application for a trade and manufacturing site should be executed in duplicate and should be filed in the proper office. It need not be sworn to, but it must be signed by the applicant and must be corroborated by the statements of two persons.

(b) Fees. All applications must be accompanied by an application service fee of $10 which will not be returnable.

(c) Time for filing. Application to purchase a claim, along with the required proof or showing, must be filed within 5 years after the filing of notice of the claim.

(d) Contents. The application to enter must show:

(1) That the land is actually used and occupied for the purpose of trade, manufacture or other productive industry when it was first so occupied, the character and value of the improvements thereon and the nature of the trade, business or productive industry conducted thereon and that it embraces the applicant's improvements and is needed in the prosecution of the enterprise. A site for a prospective business cannot be acquired under section 10 of the Act of May 14, 1898 (30 Stat. 413; 43 U.S.C. 687a).

(2) That no portion of the land is occupied or reserved for any purpose by the United States or occupied or claimed by natives of Alaska; that the land is unoccupied, unimproved, and unappropriated by any person claiming the same other than the applicant.

(3) That the land does not abut more than 80 rods of navigable water.

(4) That the land is not included within an area which is reserved because of springs thereon. All facts relative to medicinal or other springs must be stated, in accordance with § 2311.2(a) of this chapter.

(5) That no part of the land is valuable for mineral deposits other than coal, oil, or gas, and that at the date of location no part of the land was claimed under the mining laws.

(e) Description of land. If the land be surveyed, it must be described in the application according to legal subdivisions of the public-land surveys. If it be unsurveyed, the application must describe it by approximate latitude and longitude and otherwise with as much certainty as possible without survey.

Notes of Decisions
Cited in 3 cases, 1981–1993 · leading case: Lloyd Schade, Cross-Appellee v. Cecil Andrus, Sec'y of the Interior, Cross-Appellant, 638 F.2d 122 (9th Cir. 1981).
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Lloyd Schade, Cross-Appellee v. Cecil Andrus, Sec'y of the Interior, Cross-Appellant, 638 F.2d 122 (9th Cir. 1981). “” 43 C.F.R. § 2562.3 (d)(1) (1979). The standard of “active use” applied by the Hearings & Appeals board is thus even higher than the regulation’s standard of “actual use.”
Brandt-Erichsen v. United States Dep't of the Interior, Bureau of Land Mgmt., 999 F.2d 1376 (9th Cir. 1993). · cites it 2× “43 C.F.R. § 2562.3 (b). A final receipt was issued when the entryman paid the purchase price.”
Ramstad v. Hodel, 756 F.2d 1379 (9th Cir. 1985). “The BLM denied Ramstad’s application, relying on departmental regulation 43 C.F.R. § 2562.3 (d)(2) (1983). 3 The BLM reasoned that because the land had been withdrawn first in 1967 and then again in 1971 by the Alaska Native Claims Settlement Act, 43 U.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.