(Note-See front of this volume for tables.)
ACT OF MAY 17, 1884
1. Historical differences between
the situation in Alaska
and the other states af-
ford reasons for different
interpretations of legis-
lation pertaining to
Alaska natives and legis-
lation pertaining to
Indians in the other
states. Therefore section
8 of the Act of May 17,
1884, regarding the oc-
cupancy of Alaska natives
and others upon public
land, is not in pari ma-
teria with the disclaimer
provision in section 3 of
the Utah Enabling Act
of 1894,
as to lands
"owned or held by any
Indian or Indian
Tribes.".
ACT OF AUGUST 1892
1. The Act of July 23, 1955, as
amended, 30 U.S.C. $611
(1970), had the effect
of excluding from the
coverage of the mining
laws "common varieties"
of building stone, but
left the Act of August 4,
1892, 30
U.S.C. $161
(1970), authorizing the
location of building stone
placer mining claims, ef-
fective to building
stone that has "some
property giving it distinct
and special value.”..
ACT OF AUGUST 4, 1892—Con.
2. To determine whether a de-
posit of building stone is
common or
common variety, there
must be a comparison of
the deposit with other
deposits of similar type
materials in order to as-
certain whether the de-
posit has
property
giving it a distinct and
special value. If the de-
posit is to be used for the
same purposes as minerals
of common occurrence,
then there must be a
showing that some prop-
erty of the deposit gives
it a special value for such
use and generally this
value is reflected by the
fact that the material
commands a higher price
in the market place ---
ACT OF JULY 16, 1894
1. Title to school sections
granted to the State of
Utah by section 6 of the
Utah Enabling Act, 28
Stat. 109, vests in the
State the date of
Statehood (January 4,
1896), or upon comple-
tion and acceptance of
the survey of the sections
if the lands were not then
surveyed..
ACT OF JUNE 25, 1910—Con.
tional and watershed val-
ues and avoidance of
erosion.com
ADDITIONAL HOMESTEADS
1. A homestead settlement claim
for an additional home-
stead entry under the
Act of April 28, 1904
(33 Stat. 527), 43 U.S.C.
$213, may be made for
unsurveyed lands in
Alaska by a person other-
wise qualified who has
filed an application for
homestead entry on
form approved by the
Director, Bureau of
Land Management, and
made acceptable final
proof his original
homestead settlement
claim, where the com-
bined area of the two
claims does not exceed
160 acres.
ADMINISTRATIVE PRACTICE
1. Where land has been with-
drawn for state manage-
ment as a wildlife area
under the Fish and Wild-
life Coordination Act, the
Bureau of Land Manage-
ment must consider the
recommendations of the
state and of the Bureau
of Sport Fisheries and
Wildlife to assure
servation of the fish and
wildlife before approving
a right-of-way application
under the Act of March 3,
1891, for a pumping site
ADMINISTRATIVE PRACTICE-Con.
Page
full compliance with the
requirement of the Ad-
ministrative Procedure
Act, 5 U.S.C.
$ 554
(1970), as to separation
of investigative or pros-
ecuting functions from
decision making, and such
procedures do not deny
due process.
325
3. Although the Board of Land
Appeals takes official
notice of the findings and
conclusions in an inter-
locutory order of the
Indian Claims Commis-
sion on the claim of the
Navajo Tribe of Indians
against the United States,
the Board's decision on
a protest by the Tribe
against issuance of
confirmatory patent to
the State of Utah for
school land sections now
included within the
boundaries of the Tribe's
reservation is based solely
upon the evidence in the
hearing in the Depart-
ment on this protest and
upon its own application
of the law to the facts
in this case
441
4. An applicant who asserts &
preference to receive a
grazing lease under sec-
tion 15 of the Taylor
Act must have grazing
rights in excess of 50
percent on the cornering
or contiguous land, and
where his rights
merely permissive and
are subject to revocation
at any time at the will
of the owner(s), no pre-
ference will be recog-
nized.
531
ADMINISTRATIVE PRACTICE-Con.
Page
5. Remedies for alleged breach
ADMINISTRATIVE PROCEDURE—Con.
GENERALLY-Con.
Page
the clajm of the
Navajo Tribe of Indians
against the United
States, the Board's de-
cision on a protest by the
Tribe against issuance of
a confirmatory patent to
the State of Utah for
school land sections now
included within the
boundaries of the Tribe's
reservation is based solely
upon the evidence in the
hearing in the Depart-
ment on this protest and
upon its own application
of the law to the facts in
this case.
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