UNITED STATES V. VIOLET N. MACK and HEIR of CHARLIE BLATCHFORD, JR
UNITED STATES v. VIOLET N. MACK AND HEIR OF CHARLIE BLATCHFORD, JR. IBLA 99–350 Decided May 20, 2003 Appeals from a decision of Administrative Law Judge Harvey C. Sweitzer rejecting Native allotment applications. AA-8149-A & AA-8184. Affirmed. 1. Alaska: Native Allotments A Native allotment application made pursuant to the Act of May 17, 1906, as amended, 43 U.S.C. §§ 270-1 through 270-3 (1970), is properly rejected where the applicant fails to overcome, by a preponderance of the evidence in a contest proceeding, the Government's prima facie case that claimant had failed to substantially use and occupy the land claimed, to the potential exclusion of others, for 5 years. APPEARANCES: Marcia Rom, Esq., Alaska Legal Services Corporation, Anchorage, Alaska, for Violet N. Mack; Harold J. Curran, Esq., Alaska Legal Services Corporation, Anchorage, Alaska, for the Heir of Charlie Blatchford, Jr.; Laura C. Bottger, Esq., Office of the Attorney General, State of Alaska, Anchorage, Alaska, for the State of Alaska; W. Findlay Abbott and Gretchen T. (Abbott) Bersch, pro sese and for Alice P. Abbott; Dennis J. Hopewell, Esq., Office of the Regional Solicitor, U.S. Department of the Interior, Anchorage, Alaska, for the Bureau of Land Management. 159 IBLA 83 IBLA 99-350 OPINION BY ADMINISTRATIVE JUDGE GRANT Violet N. (Blatchford) Mack and the Heir of Charlie Blatchford, Jr., 1/ have separately appealed from a May 28, 1999, decision of Administrative Law Judge Harvey C. Sweitzer, issued after a hearing, rejecting their respective Native allotment applications, AA-8149-A and AA-8184, for certain lands on Yukon Island in southern Alaska.
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