43 CFR Part 2560 Subpart 2569

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43 CFR Part 2560 Subpart 2569 (up to date as of 5/04/2023)
Alaska Native Vietnam-Era Veterans Land Allotments

43 CFR Part 2560 Subpart 2569 (2023-05-04)

This content is from the eCFR and is authoritative but unofficial.

Title 43 —Public Lands: Interior
Subtitle B —Regulations Relating to Public Lands
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
Authority: 43 U.S.C. 1629g(e).

Subpart 2569 Alaska Native Vietnam-Era Veterans Land Allotments
General Provisions
§ 2569.100 What is the purpose of this subpart?
§ 2569.101 What is the legal authority for this subpart?
§ 2569.201 What terms do I need to know to understand this subpart?
Who Is Qualified for an Allotment
§ 2569.301 How will the BLM let me know if I am an Eligible Individual?
§ 2569.302 What if I believe I am an Eligible Individual, but I was not notified by the BLM?
§ 2569.303 Who may apply for an allotment under this subpart on behalf of another person?
Applying for an Allotment
§ 2569.401 When can I apply for an allotment under this subpart?
§ 2569.402 Do I need to fill out a special application form?
§ 2569.403 How do I obtain a copy of the application form?
§ 2569.404 What must I file with my application form?
§ 2569.405 What are the special provisions that apply to selections that include State or Native
corporation selected land?
§ 2569.406 What are the rules about the number of parcels and size of the parcel for my
selection?
§ 2569.407 Is there a limit to how much water frontage my selection can include?
§ 2569.408 Do I need to pay any fees when I file my application?
§ 2569.409 Where do I file my application?
§ 2569.410 What will the BLM do if it finds an error in my application?
§ 2569.411 When is my application considered received by the BLM?
§ 2569.412 Where can I go for help with filling out an application?
§ 2569.413 How will I receive Notices and Decisions?
§ 2569.414 May I request an extension of time to respond to Notices?
Processing the Application
§ 2569.501 What will the BLM do with my application after it is received?
§ 2569.502 What if more than one Eligible Individual applies for the same lands?
43 CFR Part 2560 Subpart 2569 (2023-05-04) (enhanced display)

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43 CFR Part 2560 Subpart 2569 (up to date as of 5/04/2023)
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43 CFR Part 2560 Subpart 2569 (2023-05-04)

§ 2569.503 What if my application includes lands that are not available Federal lands?
§ 2569.504 Once I file, can I change my land selection?
§ 2569.505 Does the selection need to be surveyed before I can receive title to it?
§ 2569.506 How will the BLM convey the land?
§ 2569.507 What should I do if the Eligible Individual dies or becomes incapacitated during the
application process?
Available Federal Lands—General
§ 2569.601 What lands are available for selection?
§ 2569.602 How will the BLM certify that the land is free of known contaminants?
§ 2569.603 Are lands that contain minerals available?
§ 2569.604 What happens if new lands become available?
National Wildlife Refuge System
§ 2569.701 If Congress makes lands available within a National Wildlife Refuge, what additional
rules apply?
Appeals
§ 2569.801 What can I do if I disagree with any of the Decisions that are made about my
allotment application?
Subpart 2569—Alaska Native Vietnam-Era Veterans Land Allotments
Authority: 43 U.S.C. 1629g–1(b)(2).
Source: 85 FR 75887, Nov. 27, 2020, unless otherwise noted.

GENERAL PROVISIONS
§ 2569.100 What is the purpose of this subpart?
The purpose of this subpart is to implement section 1119 of the John D. Dingell, Jr. Conservation, Management, and
Recreation Act of March 12, 2019, Public Law 116–9, codified at 43 U.S.C. 1629g–1, which allows Eligible
Individuals to receive an allotment of a single parcel of available Federal lands in Alaska containing not less than 2.5
acres and not more than 160 acres.

§ 2569.101 What is the legal authority for this subpart?
The legal authority for this subpart is 43 U.S.C. 1629g–1(b)(2).

§ 2569.201 What terms do I need to know to understand this subpart?
(a) Allotment is an allocation to an Alaska Native of land which shall be deemed the homestead of the
allottee and his or her heirs in perpetuity, and shall be inalienable and nontaxable except as otherwise
provided by Congress;
(b) Available Federal lands means land in Alaska that meets the requirements of 43 U.S.C. 1629g–1(a)(1) and
that the BLM has certified to be free of known contamination.
43 CFR 2569.201(b) (enhanced display)

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43 CFR 2569.201(c)

(c) Eligible Individual means a Native Veteran who meets the qualifications listed in 43 U.S.C. 1629g–1(a)(2)
and has not already received an allotment pursuant to the Act of May 17, 1906 (34 Stat. 197, chapter
2469) (as in effect on December 17, 1971); or section 14(h)(5) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1613(h)(5)); or section 41 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629g);
(d) Mineral means coal, oil, natural gas, other leasable minerals, locatable minerals, and saleable minerals
other than sand and gravel.
(e) Native means a person who meets the qualifications listed in section 3(b) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(b));
(f) Native corporation means a regional corporation or village corporation as defined in sections 3(g) and (j)
of the Alaska Native Claims Settlement Act (43 U.S.C. 1602);
(g) Realty Service Provider means a Public Law 93–638 “Contract” or Public Law 103–413 “Compact” Tribe or
Tribal organization that provides Trust Real Estate Services for the Bureau of Indian Affairs;
(h) Receipt date means the date on which an application for an allotment is physically received by the BLM
Alaska State Office, whether the application is delivered by hand, by mail, or by delivery service;
(i)

Segregate has the same meaning as in 43 CFR 2091.0–5(b);

(j)

Selection means an area of land that has been identified in an application for an allotment under this part;

(k) State means the State of Alaska;
(l)

State or Native corporation selected land means land that is selected, as of the receipt date of the
allotment application, by the State of Alaska under the Statehood Act of July 7, 1958, Public Law 85–508,
72 Stat. 339, as amended, or the Alaska National Interest Lands Conservation Act (ANILCA) of December
2, 1980, 94 Stat. 2371, or by a Native corporation under the Alaska Native Claims Settlement Act of
December 18, 1971, 43 U.S.C. 1611 and 1613, and that has not been conveyed to the State or Native
corporation;

(m) Substantive error means an error or omission in an application of information that is immediately
necessary to determine if you are eligible to apply for an allotment. Substantive errors include, but are not
limited to, missing land descriptions, missing name or inability to contact the applicant, and missing
forms required under § 2569.404, if applicable. When a person corrects this type of error, the correction
could show the applicant has an uncorrectable defect like not being an Alaska Native.
(n) Technical error means types of errors that do not rise to the level of substantive error or uncorrectable
defect. For instance, not signing your application is an easily correctable error and correcting the error by
signing the application cannot raise any new issues which could cause an application to be rejected.
(o) Uncorrectable defect means information provided with an application which provides obvious evidence
that you are not qualified to receive an allotment. That evidence includes a lack of qualifying military
service or proof of Alaska Native decent.
(p) Valid relinquishment means a signed document from a person authorized by a board resolution from a
Native corporation or the State that terminates its rights, title and interest in a specific area of Native
corporation or State selected land. A relinquishment may be conditioned upon conformance of a
selection to the Plat of Survey and the identity of the individual applicant; and

43 CFR 2569.201(p) (enhanced display)

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43 CFR 2569.201(q)

(q) Veteran means a person who meets the qualifications listed in 38 U.S.C. 101(2) and served in the U.S.
Army, Navy, Air Force, Marine Corps, or Coast Guard, including the reserve components thereof, during the
period between August 5, 1964, and December 31, 1971.

WHO IS QUALIFIED FOR AN ALLOTMENT
§ 2569.301 How will the BLM let me know if I am an Eligible Individual?
The Bureau of Land Management (BLM), in consultation with the Department of Defense (DoD), the Department of
Veterans Affairs (VA), and the Bureau of Indian Affairs (BIA), has identified individuals whom it believes to be
Eligible Individuals. If the BLM identifies you as a presumed Eligible Individual, it will inform you by letter at your last
address of record with the BIA or the VA. Even if you are identified as presumptively eligible, you still must certify in
the application that you do meet the criteria of the Dingell Act.

§ 2569.302 What if I believe I am an Eligible Individual, but I was not notified by the BLM?
If the BLM has not notified you that it believes that you are an Eligible Individual, you may still apply for an allotment
under this subpart. However, as described in § 2569.404(b), you will need to provide evidence with your application
that you are an Eligible Individual. Supporting evidence with your application must include:
(a) A Certificate of Degree of Indian Blood or other documentation from the BIA to verify you meet the
definition of Native; and
(b) A Certificate of Release or Discharge from Active Duty (Form DD–214) or other documentation from DoD
to verify your military service.

§ 2569.303 Who may apply for an allotment under this subpart on behalf of another person?
(a) A personal representative of the estate of an Eligible Individual may apply for an allotment for the benefit
of the estate. The personal representative must be appointed in an appropriate Alaska State court by
either a judge in the formal probate process or the registrar in the informal probate process. The
Certificate of Allotment will be issued in the name of the heirs, devisees, and/or assigns of the deceased
Eligible Individual.
(b) An attorney-in-fact, a court-appointed guardian, or a court-appointed conservator of an Eligible Individual
may apply for an allotment for the benefit of the Eligible Individual. The Certificate of Allotment will be
issued in the name of the Eligible Individual.

APPLYING FOR AN ALLOTMENT
§ 2569.401 When can I apply for an allotment under this subpart?
(a) You can apply between December 28, 2020 and December 29, 2025.
(1) If an application is submitted prior to the beginning of the application period, it will be held until the
application period begins and considered timely filed.
(2) If an application is submitted by mail after the application period, the BLM will use the post-mark
date to determine if the application was timely filed.

43 CFR 2569.401(a)(2) (enhanced display)

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43 CFR 2569.401(b)

(b) Notwithstanding paragraph (a) of this section, in the case of a corrected or completed application or of an
application for a substitute selection for resolution of a conflict or an unavailable land selection, you can
submit a corrected, completed, or substitute application within 60 days of receiving the notice described
in § 2569.410, § 2569.502(b), or § 2569.503(a), respectively. This period may be extended for up to two
years in order to allow a personal representative, guardian, conservator, or attorney-in-fact to be
appointed, as provided in § 2569.507(c).
(c) Except as set forth in paragraphs (a) and (b) of this section, the BLM will issue a decision rejecting any
application received after December 29, 2025.

§ 2569.402 Do I need to fill out a special application form?
Yes. You must complete and sign the BLM Form No. AK–2569–1004–0216, “Alaska Native Vietnam-Era Veteran
Land Allotment Application.”

§ 2569.403 How do I obtain a copy of the application form?
The BLM will mail you an application form if you are determined to be an Eligible Individual under § 2569.301. If you
do not receive an application in the mail, you can also obtain the form at the BIA, a Realty Service Provider's office,
the BLM Public Room, or on the internet at https://www.blm.gov/alaska/2019AKNativeVetsLand.

§ 2569.404 What must I file with my application form?
(a) You must include the following along with your signed application form:
(1) A map showing the selection you are applying for:
(i)

Your selection must be drawn on a map in sufficient detail to locate the selection on the ground.

(ii) You must draw your selection on a map that is either a topographic map or a printout of a map
that shows the section lines from the BLM mapping tool, available at https://www.blm.gov/
alaska/2019AKNativeVetsLand.
(2) A written description of the lands you are applying for, including:
(i)

Section, township, range, and meridian; and

(ii) If desired, additional information about the location. The submitted map will be given
preference if there is a conflict between the written description and the submitted map, unless
you specify otherwise.
(b) In addition to the materials described in paragraph (a) of this section, you must also provide the following
materials, under the circumstances described in paragraphs (b)(1) through (4) of this section:
(1) If you, or the person on whose behalf you are applying, are an Eligible Individual as described in §
2569.301, and were not notified by the BLM of your eligibility, you must provide proof that you, or the
person on whose behalf you are applying, are an Eligible Individual, consisting of:
(i)

A Certificate of Degree of Indian Blood or other documentation from the BIA to verify that you
(or the person on whose behalf you are applying) are an Alaska Native; and

(ii) A Certificate of Release or Discharge from Active Duty (Form DD–214) or other documentation
from DoD to verify that you (or the person on whose behalf you are applying) are a Veteran and
served between August 5, 1964 and December 31, 1971.
43 CFR 2569.404(b)(1)(ii) (enhanced display)

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43 CFR 2569.404(b)(2)

(2) If you are applying on behalf of the estate of an Eligible Individual who is deceased, you must provide
proof that you have been appointed by an Alaska State court as the personal representative of the
estate, and an affidavit stating that the appointment has not expired. The appointment may have
been made before or after the enactment of the Act, as long as it has not expired.
(3) If you are applying on behalf of an Eligible Individual as that individual's guardian or conservator, you
must provide proof that you have been appointed by a court of law, and an affidavit stating that the
appointment has not expired.
(4) If you are applying on behalf of an Eligible Individual as that individual's attorney-in-fact, you must
provide a legally valid and current power of attorney that either grants a general power-of-attorney or
specifically includes the power to apply for this benefit or conduct real estate transactions.
(c) You must sign the application, certifying that all the statements made in the application are true,
complete, and correct to the best of your knowledge and belief and are made in good faith.

§ 2569.405 What are the special provisions that apply to selections that include State or Native
corporation selected land?
(a) If the selection you are applying for includes State or Native corporation selected land, the BLM must
receive a valid relinquishment from the State or Native corporation that covers all of the lands in your
selection that are State or Native corporation selected lands. If the application does not include a valid
relinquishment, the BLM will contact the State or Native corporation to request a relinquishment. This
requirement does not apply if all of the State or Native corporation selected land included within your
selection consists of land for which the State or Native corporation has issued a blanket conditional
relinquishment as shown on the mapping tool available at https://www.blm.gov/alaska/
2019AKNativeVetsLand.
(b) No such relinquishment may cause a Native corporation to become underselected. See 43 U.S.C.
1621(j)(2) for a definition of underselection.
(c) An application for Native corporation or State selected land will segregate the land from any future entries
on the land once the BLM receives a valid relinquishment.
(d) If the State or Native corporation is unable or unwilling to provide a valid relinquishment, the BLM will
issue a decision finding that your selection includes lands that are not available Federal lands and then
follow the procedures set out at § 2569.503.

§ 2569.406 What are the rules about the number of parcels and size of the parcel for my
selection?
(a) You may apply for only one parcel.
(b) The parcel cannot be less than 2.5 acres or more than 160 acres.

§ 2569.407 Is there a limit to how much water frontage my selection can include?
Generally, yes. You will normally be limited to a half-mile along the shore of a navigable water body, referred to as
160 rods (one half-mile) in the regulations at 43 CFR part 2090, subpart 2094. If you apply for land that extends
more than 160 rods (one half-mile), the BLM will treat your application as a request to waive this limitation. As
explained in 43 CFR 2094.2, the BLM can waive the half-mile limitation if the BLM determines the land is not needed

43 CFR 2569.407 (enhanced display)

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43 CFR 2569.408

for a harborage, wharf, or boat landing area, and that a waiver will not harm the public interest. If the BLM
determines it cannot waive the 160-rod (one half-mile) limitation, the BLM will issue a decision finding your
selection includes lands that are not available Federal lands and then follow the procedures set out at § 2569.503.

§ 2569.408 Do I need to pay any fees when I file my application?
No. You do not need to pay a fee to file an application.

§ 2569.409 Where do I file my application?
You must file your application with the BLM Alaska State Office in Anchorage, Alaska, by one of the following
methods:
(a) Mail or delivery service: Bureau of Land Management, ATTN: Alaska Native Vietnam-era Veterans Land
Allotment Section, 222 West 7th Avenue, Mail Stop 13, Anchorage, Alaska 99513–7504; or
(b) In person: Bureau of Land Management Alaska, Public Information Center, 222 West 7th Avenue,
Anchorage, Alaska 99513–7504.

§ 2569.410 What will the BLM do if it finds an error in my application?
(a) If an error is found, the BLM will send you a notice identifying any correctable errors or omissions and
whether the error is substantive or technical.
(1) You will have 60 days from the date you received the notice to correct the errors or provide the
omitted materials.
(2) If you do not submit the corrections to the BLM within the 60-day period, the BLM will issue a
decision rejecting your application and require you to submit a new application.
(b) If the error is a substantive error, your application will not be deemed received until the corrections are
made.
(c) If the error is a technical error, your application will be deemed received as of the receipt date. However,
the application may still be rejected if the BLM does not receive the corrections within 60 days from the
date you received the notice to correct the errors.
(d) If you have uncorrectable defect, then the BLM will issue a decision rejecting your application.

§ 2569.411 When is my application considered received by the BLM?
(a) An application that is free from substantive errors, as described in § 2569.410, will be deemed received on
the receipt date, except that if such an application is received before December 28, 2020, the application
will be deemed received on December 28, 2020.
(b) An application that contains substantive errors will be deemed received on the receipt date of the last
required correction.
(c) In the case of a substitute selection for conflict resolution under § 2569.502, for correction of an
unavailable lands selection under § 2569.503, or an amended selection under § 2569.504, the substitute
application will be deemed received on the receipt date of the substitute selection application.

43 CFR 2569.411(c) (enhanced display)

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43 CFR 2569.412

§ 2569.412 Where can I go for help with filling out an application?
You can receive help with your application at:
(a) The BIA or a Realty Service Provider for your home area or where you plan to apply. To find the list of the
Realty Service Providers, go to https://www.bia.gov/regional-offices/alaska/real-estate-services/tribalservice-providers or call 907–271–4104 or 1–800–645–8465.
(b) The BLM Public Rooms:
(1) The Anchorage Public Room located at 222 West 7th Avenue, Anchorage, Alaska 99513–7504, by
email at [email protected], by telephone at 907–271–5960, Monday through Friday
from 8 a.m. to 4 p.m. excluding Federal Holidays.
(2) The Fairbanks Public Room located at 222 University Ave, Fairbanks, Alaska 99709, by email at
[email protected] or by telephone at 907–474–2252 or 2200, Monday through
Friday from 7:45 a.m. to 4:30 p.m. excluding Federal Holidays.
(c) The following BLM Field Offices:
(1) Anchorage Field Office located at 4700 BLM Road, Anchorage, Alaska, by email at
[email protected], by phone 907–267–1246, Monday through Friday from 7:30
a.m. to 4 p.m. excluding Federal Holidays.
(2) Glennallen Field Office located at Mile Post 186.5 Glenn Highway, by email at
[email protected], by phone 907–822–3217, Monday through Friday 8 a.m. to
4:30 p.m. excluding Federal Holidays.
(3) Nome Field Station located at the U.S. Post Office Building, by phone 907–443–2177, Monday
through Friday excluding Federal holidays.
(d) (d) Online at the BLM website which gives answers to frequently asked questions and a mapping tool
which will show the available Federal lands and provide online tools for identifying and printing your
selection: https://www.blm.gov/alaska/2019AKNativeVetsLand.

§ 2569.413 How will I receive Notices and Decisions?
(a) The BLM will provide all Notices and Decisions by Certified Mail with Return Receipt to your address of
record.
(b) Where these regulations specify that you must take a certain action within a certain number of days of
receiving a notice or decision, the BLM will determine the date on which you received the notice or
decision as follows:
(1) If you sign the Return Receipt, the date on which you received the notice or decision will be the date
on which you signed the Return Receipt.
(2) If the notice or decision is returned as undelivered, or if you refuse to sign the Return Receipt, the
BLM will make a second attempt by an alternative method. If the second attempt succeeds in
delivering the notice or decision, the BLM will deem the notice or decision to have been received on
the date when the notice or decision was delivered according to the mail tracking system.
(3) If the notice or decision is returned as undelivered following the second attempt, the BLM may issue
a decision rejecting your application.
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43 CFR 2569.413(c)

(c) You have a duty to keep your address up to date. If your mailing address or other contact information
changes during the application process, please notify the BLM by mail at the address provided in §
2569.409(a), or by telephone at 907–271–5960, by fax at 907–271–3334, or by the email address
provided in the received notice or decision. If you notify the BLM by mail, fax, or email, please prominently
include the words “Change of Contact Information” in your correspondence.
(d) Any responses to Notices or Decisions will be deemed received when it is physically received at the BLM
Alaska State Office; if the response is mailed, on the date it was post-marked; or, if emailed, the date the
email was sent.

§ 2569.414 May I request an extension of time to respond to Notices?
The BLM will allow reasonable extensions of deadlines in Notices for good cause. The request for the extension
must be received from the Eligible Individual prior to the end of the 60-day period and provide the reason an
extension is needed.

PROCESSING THE APPLICATION
§ 2569.501 What will the BLM do with my application after it is received?
After your application is deemed received in accordance with § 2569.411, the BLM will take the following steps:
(a) The BLM will enter your selection onto the Master Title Plat (MTP) to make the public aware that the land
has been segregated from the public land laws.
(b) The BLM will then determine whether the selection includes only available Federal lands or if the selection
conflicts with any other applicant's selection. The BLM will also review its records and aerial imagery to
identify, to the extent it can, any valid existing rights that exist within the selection.
(c) The BLM may make minor adjustments to the shape and description of your selection to match existing
property boundaries, roads, or meanderable waterbodies, or to reduce the number of corners or curved
boundary segments. The BLM will attempt to retain the acreage requested in the selection, but the
adjustment may cause a reduction or addition in the acreage (not to exceed 160 acres).
(d) After any adjustments have been made, the BLM will send you a Notice of Survey to inform you of the
shape and location of the lands the BLM plans to survey. The Notice of Survey will include:
(1) Your original land description;
(2) The adjusted land description plotted onto a Topographic Map and a MTP;
(3) Imagery of your original land description with the adjusted land description projected onto it;
(4) a Draft Plan of Survey; and
(5) A list of valid existing rights that the BLM has identified within the selection.
(e) The Notice of Survey will provide you an opportunity to challenge, in writing, the Draft Plan of Survey of the
adjusted land description within 60 days of receipt of the BLM's notice. If no challenge is received within
60 days, the BLM will deem the Draft Plan of Survey to have been accepted.
(f) The BLM will finalize the Plan of Survey based on the Draft Plan of Survey in the Notice of Survey or the
adjustment you provide pursuant to paragraph (e) of this section.
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43 CFR 2569.501(g)

(g) The BLM will survey the selection based on the Plan of Survey.
(h) After survey, the BLM will mail you a document titled Conformance to Plat of Survey. That document will:
(1) Show the selection as actually surveyed;
(2) Plot the survey onto imagery; and
(3) If you found an error in the way the BLM surveyed the selection based on the Plan of Survey, provide
an opportunity to dispute the survey in writing within 60 days of receipt of the Conformance of Plat
of Survey. If no notice of dispute is received within 60 days, the BLM will deem the survey to have
been accepted.
(i)

The BLM will issue a Certificate of Allotment. No right or title of any sort will vest in the selection until the
Certificate of Allotment is issued.

(j)

If an application is rejected for any reason, the BLM will remove the corresponding selection from the MTP
to make the public aware that the land is no longer segregated from the public land laws.

§ 2569.502 What if more than one Eligible Individual applies for the same lands?
(a) If two or more Eligible Individuals select the same lands, in whole or part, the BLM will:
(1) Give preference to the application bearing the earliest receipt date;
(2) If two or more applications bear an identical receipt date, and one or more application bears a legible
postmark or shipping date, give preference to the application with the earliest postmark or shipping
date; or
(3) Assign to any applications for the same land that are still tied after the criteria in paragraphs (a)(1)
and (2) of this section are applied a number in sequence, and run a random number generator to pick
the application that will receive preference.
(4) For purposes of paragraphs (a)(1) and (2) of this section, an application received, postmarked, or
shipped before December 28, 2020 will be deemed to have been received, postmarked, or shipped on
December 28, 2020.
(b) The BLM will issue a decision to all applicants with conflicting selections setting out the BLM's
determination of preference rights. Applicants who do not have preference must make one of the
following choices:
(1) Provide the BLM a substitute selection within 60 days of receipt of the BLM's decision. The
substitute selection may consist of either an adjustment to the original selection that avoids the
conflict, or a new selection located somewhere else. The substitute selection will be considered a
new application for purposes of preference, as set forth in § 2569.411(c), but the applicant will not
need to resubmit any portions of the application other than the land description and map; or,
(2) If only a portion of the selection is in conflict, the applicant may request that the BLM continue to
adjudicate the portion of the selection that is not in conflict. The BLM must receive the request
within 60 days of your receipt of the BLM's decision. Each applicant is allowed only one selection of
land under this act and will not be allowed to apply for more acreage later.
(c) If the BLM finds your application conflicts with an application which has technical errors, the BLM will
provide you the option of selecting a substitute parcel prior to that application being corrected under the
procedures of paragraph (b)(1) of this section.
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43 CFR 2569.502(d)

(d) If you receive a decision finding your application does not have preference under paragraph (b) of this
section and the BLM does not receive your choice within 60 days of receipt of the notice, the BLM will
issue a decision rejecting your application. If your application is rejected, you may file a new application
for different lands before the end of the five-year application period.

§ 2569.503 What if my application includes lands that are not available Federal lands?
(a) If your selection includes lands that are not available Federal lands, the BLM will issue you a decision
informing you of the unavailable land selection and give you the following choices:
(1) Provide the BLM a substitute selection within 60 days of your receipt of the decision. The substitute
selection may consist of either an adjustment to your original selection that avoids the unavailable
lands, or a new selection located somewhere else. Your substitute selection will be considered a
new application for purposes of preference, as set forth in § 2569.411(c), but you will not need to
resubmit any portions of your application other than the land description and map; or,
(2) If only a portion of your selection is unavailable, you may request that the BLM continue to adjudicate
the portion of the selection that is within available Federal lands. The BLM must receive your request
within 60 days of your receipt of the BLM's decision. You are allowed only one parcel of land under
this act, and you will not be allowed to apply for more acreage later.
(b) If you receive a decision finding your selection includes unavailable lands under paragraph (a) of this
section and the BLM does not receive your choice within 60 days of receipt of the notice, the BLM will
issue a decision rejecting your application. If your application is rejected, you may file a new application
for different lands before the end of the five-year application period.

§ 2569.504 Once I file, can I change my land selection?
(a) Once your application is received in accordance with § 2569.411, you will only be allowed to amend your
selection until 60 days after you receive the Notice of Survey as set forth in § 2569.501(e). Your amended
selection will be considered a new application for purposes of preference, as set forth in § 2569.411(c),
but you will not need to resubmit any portions of your application other than the land description and
map.
(b) Otherwise, you will not be allowed to change your selection except as set forth in § 2569.502 or §
2569.503.
(c) If an applicant relinquishes their application more than 60 days after they receive the Notice of Survey as
set forth in § 2569.501(e), the applicant will only be able to submit a new application for a new selection if
their original selection is no longer available.

§ 2569.505 Does the selection need to be surveyed before I can receive title to it?
Yes. The land in your selection must be surveyed before the BLM can convey it to you. The BLM will survey your
selection at no charge to you, as set forth in § 2569.501(g).

§ 2569.506 How will the BLM convey the land?
(a) The BLM will issue a Certificate of Allotment which includes language similar to the language found in
Certificates of Allotment issued under the Act of May 17, 1906 (34 Stat. 197, chapter 2469), providing that
the land conveyed will be deemed the homestead of the allottee and his or her heirs in perpetuity, and will
be inalienable and nontaxable until otherwise provided by Congress or until the Secretary of the Interior or
his or her delegate approves a deed of conveyance vesting in the purchaser a complete title to the land.
43 CFR 2569.506(a) (enhanced display)

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43 CFR 2569.506(b)

(b) The Certificate of Allotment will be issued subject to valid existing rights.
(c) The United States will reserve to itself all minerals in the Certificate of Allotment.
(d) If the Eligible Individual is deceased, the Certificate of Allotment will be issued in the name of the heirs,
devisees, and/or assigns of the deceased Eligible Individual.

§ 2569.507 What should I do if the Eligible Individual dies or becomes incapacitated during the
application process?
(a) If an Eligible Individual dies during the application process, another individual may continue the
application process as a personal representative of the estate of the deceased Eligible Individual by
providing to the BLM the materials described in § 2569.404(b)(2).
(b) If an Eligible Individual becomes incapacitated during the application process, another individual may
continue the application process as a court-appointed guardian or conservator or as an attorney-in-fact
for the Eligible Individual by providing to the BLM the materials described in § 2569.404(b)(3) or (4).
(c) If a deceased or incapacitated Eligible Individual has received a notice from the BLM that requires a
response within 60 days, as described in § 2569.410, § 2569.501(e), § 2569.501(h)(3), § 2569.502(b), or
§ 2569.503(a), and no personal representative, guardian, or conservator has been appointed, or no
attorney-in-fact has been designated, the individual who receives the notice, or an employee of the BIA or
a Realty Service Provider, may respond to the notice in order to request that the BLM extend the 60-day
period to allow for a personal representative, guardian, or conservator to be appointed. The BLM will
extend a 60-day period under this paragraph (c) for up to two years.
(d) If the BLM has completed a Draft Plan of Survey as described in § 2569.501(d) or a survey as described in
§ 2569.501(g), and the estate of the deceased Eligible Individual does not wish to dispute the Draft Plan
of Survey as described in § 2569.501(e) or the results of the survey as described in § 2569.501(h), then
the BLM will not require a personal representative to be appointed. The BLM will continue to process the
application.
(e) Other than as provided in paragraphs (b), (c), and (d) of this section, the BLM will not accept any
correspondence on behalf of a deceased or incapacitated Eligible Individual from an individual who has
not provided the materials described in § 2569.404(b)(2), (3), or (4).

AVAILABLE FEDERAL LANDS—GENERAL
§ 2569.601 What lands are available for selection?
You may receive title only to lands identified as available Federal land. You can review the available Federal lands on
the mapping tool available at https://www.blm.gov/alaska/2019AKNativeVetsLand. If you do not have access to the
internet, a physical copy of the map of available Federal lands can be requested by either:
(a) Calling the BLM Alaska Public Room, the BIA Regional Realty Office or Fairbanks Agency Office, or your
local Realty Service Provider. The map will be current as of the date it is printed and mailed to the mailing
address provided at the time of request; or
(b) Requesting a physical copy in person at any of the offices listed in paragraph (a) of this section.

43 CFR 2569.601(b) (enhanced display)

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43 CFR 2569.602

§ 2569.602 How will the BLM certify that the land is free of known contaminants?
The BLM will review land for contamination by using current contaminated site database information in the Alaska
Department of Environmental Conservation database, the U.S. Army Corps of Engineers Formerly Used Defense
Sites database, the U.S. Air Force database, and the Federal Aviation Administration database, or any equivalent
databases if any of these databases are no longer available. Any land found to have possible contamination based
on these searches will not be available for selection.

§ 2569.603 Are lands that contain minerals available?
Yes the lands are available for selection, however, the minerals will be reserved to the United States and will not be
conveyed to Eligible Individuals or to the devisees and/or assigns of Eligible Individuals.

§ 2569.604 What happens if new lands become available?
(a) New lands may become available during the application period. As additional lands become available, the
BLM will review the lands to determine whether they are free of known contaminants as described in §
2569.602.
(b) After review, the BLM will update the online web maps of available Federal lands to include these
additional lands during the five-year application period.

NATIONAL WILDLIFE REFUGE SYSTEM
§ 2569.701 If Congress makes lands available within a National Wildlife Refuge, what additional
rules apply?
Any Certificate of Allotment for lands within a National Wildlife Refuge will contain provisions that the lands remain
subject to the laws and regulations governing the use and development of the Refuge.

APPEALS
§ 2569.801 What can I do if I disagree with any of the Decisions that are made about my
allotment application?
(a) You may appeal all Decisions to the Interior Board of Land Appeals under 43 CFR part 4.
(b) On appeals of Decisions made pursuant to § 2569.502(b):
(1) Unless the BLM's decision is stayed on appeal pursuant to 43 CFR 4.21, the BLM will continue to
process the conflicting applications that received preference over your application.
(2) Within 60 days of receiving a decision on the appeal, the losing applicant may exercise one of the
two options to select a substitute parcel pursuant to § 2569.502(b).
(c) On appeals of Decisions which reject the application or of a decision made pursuant to § 2569.503(a):
(1) Unless the BLM's decision is stayed on appeal pursuant to 43 CFR 4.21, the BLM will lift the
segregation of your selection and the land will be available for all future entries.

43 CFR 2569.801(c)(1) (enhanced display)

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43 CFR 2569.801(c)(2)

(2) If you win the appeal and the decision was not stayed, your selection will be considered received as
of the date of the Interior Board of Land Appeals decision for purposes of preference under §
2569.502(a).

Group 2600—Disposition; Grants

43 CFR 2569.801(c)(2) (enhanced display)

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