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For sale by the Superintendent of Documents, U.S. Government Printing Office

Washington, D.C. 20402

HD 181 .64 V. 86

PREFACE

This volume of Decisions of the Department of the Interior covers the period from January 1, 1979 to December 31, 1979. It includes the most important administrative decisions and legal opinions that were rendered by officials of the Department during the period.

The Honorable Cecil D. Andrus, served as Secretary of the Interior during the period covered by this volume; Mr. James A. Joseph served as Under Secretary; Ms. Joan Davenport, Messrs. Robert Herbst, Guy Martin, Larry Meierotto, Forrest Girard served as Assistant Secretaries of the Interior; Mr. Leo Krulitz, served as Solicitor. Ms. Ruth R. Banks, served as Director, Office of Hearings and Appeals.

This volume will be cited within the Department of the Interior as "86 I.D."

Lidhane

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ERRATA:
Page 3—Right col., line 2, correct to: Stat. 189, 224),
Page 30—Right col., 4th line from bottom of page, correct date to read : Aug. 4,

1976, Page 257—Left col., headnote 2, the first line is not included. Headnote should

start with : Application by the State of Alaska for lands under the Page 295—Left col., par. 1, line 4, correct to read : 42 U.S.C. 4321 et seq. Page 302—Footnote 14, para. 2, line 4, correct to read : 92 Stat. 3206 Nov. 9, 1978. Page 362—Left col., par. 1, lines 8 & 9, correct to read : 34 Stat. 197 as amended

by Page 435—Right col., 4th par. (2nd quoted par.) delete 4th sentence so it will

read: [U]nder Section 349 [25 U.S.C.) it is obvious that the Secretary of the Interior patent in fee simple to a trust allottee ought to be satisfied not only that the allottee is competent and capable of managing his or her affairs, but also that it would be to the best interest of the allottee for the allottee to become emancipated from the exclusive jurisdiction of the United States and

become subject to the laws of the state in which he resides. Page 629—Right col., 2d para., line 26 & 27, correct citation to read : Solicitor's

Opinion, 74 I.D. 285 (1967) Page 688 Left col., 4th line from top of page, correct to read : history of 23

U.S.C. & 131 (1976)

IV

TABLE OF DECISIONS REPORTED

Page 508 663 527 285 513 493 618 478

55 257

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65

197

520

654

Page Administrative Appeal of the Mo- Appeal of L. M. Johnson, Inc.-rongo Band of Mission Indians

Appeal of McIntyre, Carmel J.9. Area Director, Sacramento Appeal of M & P Equipment Co. Area Office...

680 Appeal of Miller, Raymond E.. Administrative Appeal of Oglala Appeal of Nasatka & Sons, Inc.

Sioux Tribe Comm'r of Appeal of Nielsons, Inc.
Indian Affairs & Richard Tall Appeal of Ouzinkie Native Corp.
(PRU)-10542)

425 Appeal of Recon Systems, Inc.-Alabama By-Products Corp-- 446 Appeal of Robinson, Richard R. Alaska Native Disenrollment Ap- Appeal of Tanacross, Inc.--

peals of: Scott, James Edward, Appeal of William P. Bergan,

Sr. & Robert Charles Scott... 333 Inc.
Alaska Railroad, Appeal of .--. 397 | Appeal of Yosemite Park &
Alaska Railroad (On Reconsid-

Curry Co.-eration), Appeal of ..

452 Appeals of Gregory Lumber Co., Alaska, State of V. Johnson,

Inc... Daniel,

441 | Appeals of Gregory Lumber Co., Alaska, State of, Appeal of .. 45, (On Recon.)-.

225, 381 Area Director, Sacramento Area Alaska, State of, et al..

361 Office; Morongo Band of MisAnderson, Floyd L., Sr...

345 sion Indians, Administrative
Andy's Excavating, Appeal of... 469 Appeal of
Appeal of Alaska Railroad.. 397 Baker, Squire.
Appeal of Alaska Railroad (On Bedell, James E., Appeal of .
Reconsideration)--

452 Bielski, Lee S..
Appeal of Alaska, State of..-- 45, Bureau of Land Management v.

225, 381 Holland Livestock Ranch ----
Appeal of Andy's Excavating- 469 Burgess Mining and Construc-
Appeal of Bedell, James E... 60 tion Corp-
Appeal of Choggiung, Ltd.. 392 Carbon Fuel Co..
Appeal of C.I.C. Construction Cedar Coal Co..
Co., Inc.-

475 Choggiung, Ltd., Appeal of -----Appeal of City

Window

C.I.C. Construction Co., Inc., Cleaners..

329 Appeal of... Appeal of Doyon, Ltd..

692 City Window Cleaners, Appeal Appeal of Environment Consultants, Inc.

349 C & K Coal Co... Appeal of General Construction Claypool Construction Co., Inc.

Corp. of America by Financial Comm'r of Indian Affairs &

Indemnity Co., Its Surety--- 206 Richard Tall (PRU-10542); Appeal of J. A. LaPorte, Inc.--

125

Oglala Sioux Tribe, Adminis-
Appeal of Kenney Refrigeration. 503 trative Appeal of ...
Appeal of Kreig, Raymond A.-- 189 | Consolidation Coal Co..

680 550 60 80

133

656 483 250 392

475

of ..

329 221 486

425 523

V

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