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1999 Interior Dec. (IBLA) 137 (1999)

handle is hein.amindian/ibla1999 and id is 1 raw text is: SERFEAN ALEXIE IBLA 97-384 Decided January 4, 1999 Appeal fom a decision of the Alaska State Office, Bureau of Land Management reinstating Native allotment application A-052572 and rejecting it due to a legal defect. Appeal dismissed. 1. Administrative Authority: Generally-Alaska Native Allotments-Rules of Practice: Juiisdiction When BLM adjudicates aNative allotment application for land patented to aNative corpomtion in accordance with Stipulation 1 of the stipulated procedures for implementation ofthe order in Aguilar v. United States 474 F. Supp. 840 (D. Alaska 1979), and by decision rejects the application because it terminated as a matter of law upon the fiilure of the applicant to submit evidence of use and occupancy within 6 years ofthe filing ofthe application, an appeal of that decision is poperly dismissed. Stipulation 1 povides that legally defective Native allotment applications, which are incapable of being conected, will be rejected by BLM, and such rejection shall be final for the Department APPEARANCES: Serfean Alexie, Nondalton, Alaska, p; Regina L. Sleater, Esq., Office of the Regional Solicitor, U.S. Department of the Interior, Anchomge, Alaska, for the Bureau of Land Management OPINION BY DEPUTY CHIEF ADMINISTRATIVE JUDGE HARRIS On July 8, 1960, the Alaska State Office, Bureau of Land Management (BLM), received a Native allotment application (A-052572) from Serfean Alexie claiming use and occupancy of 160 acies of land on the shores of Lake Clark approximately 21 miles from the Native village ofNondalton. The application did not include any date for commencement of his use and occupancy. In a letter dated October 28, 1960, BLM informed Alexie that unless he filed poof of his use and occupancy of the land by July 7, 1966, his application would terminate without prejudice to his filing a new application. A certified mail etum receipt card signed by Alexie and retumed to BLM in February 1966 is affixed to a letter to Alexie notifying him that he had until July 7, 1966, to file his evidence. 147 IBLA 137

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