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INDEX-DIGEST

(Note-See front of this volume for tables.)

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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..

443

409

on

as

409

441

813

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595

a

on

a

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

and irrigation system.---
2. The procedures followed by

the Department of the
Interior in the initiation,
prosecution, hearing and
administrative decision of
mining contests are in

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

269

con-

197

are

on

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.

over

of a private agreement be-
tween parties who have
conflicting grazing lease
applications must be
sought in the courts, not
in the Department of the
Interior, which has no
jurisdiction

such
matters.

698
6 Under the Administrative

Procedure Act, hearsay
evidence is admissible at a
hearing if it is relevant,
material and not unduly
repetitious, but it has
little or no weight where
the circumstances do not

establish its reliability - 777
ADMINISTRATIVE PROCEDURE

(See also Rules of Practice.)
GENERALLY
1. A mining claimant is not

denied due process merely
because of prehearing
publicity where he fails to
show that there was any
unfairness in the contest
proceeding itself ---

325
2. The Board of Land Appeals

has authority to reverse
the findings of an Ad-
ministrative Law Judge.
However, where the res-
olution of a case depends
primarily upon

the
Judge's findings of credi-
bility, which in turn are
based upon his reaction to
the demeanor of wit-
nesses, his findings will

not be lightly set aside.-- 409
3. Although the Board of Land

Appeals takes official no-
tice of the findings and
conclusions in an inter-
locutory order of the In-
dian Claims Commission

441
ADJUDICATION
1. The procedures followed by

the Department of the
Interior in the initiation,
prosecution, hearing and
and administrative deci-
sion of mining contests
are in full compliance
with the requirement of
the Administrative Pro-
cedure Act, 5 U.S.C.
$ 554 (1970), as to separa-
tion of investigative or
prosecuting functions
from decision making,
and such procedures do
not deny due process----

325
ADMINISTRATIVE LAW JUDGES
1. An Administrative Law

Judge is not disqualified
nor will his findings be set
aside in a mining contest
because of a mere charge
of bias in the absence of a
substantial showing of
bias.-

325
2. No request for a prehearing

conference having been
made, the failure of an
Administrative Law
Judge to order a prehear-

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