Silas

I. INTRODUCTION

Franklin Silas applied in 1971 for an allotment of two 40-acre parcels, (herein Parcel A and Parcel B), under the Alaska Native Allotment Act of 1906 (the ANAA), 34 Stat. 197 , amended by 70 Stat. 954 (1956) (repealed 85 Stat. 710 (1971))(former 43 U.S.C. §§ 270-1 to 270-3). The application alleges *357 on its face that Silas’ use commenced September 1, 1965. The Bureau of Land Management (BLM) denied the application because the State of Alaska had previously selected the two parcels in June of 1961 and August of 1963 respectively, making the lands inappropriate for allotment to anyone whose use and occupancy began after those dates. Silas received notice of his right to appeal, but no appeal was filed.

Fourteen years later, in 1986, Silas filed a petition requesting the reinstatement of his application. His 1986 petition alleged that his 1971 application had stated the wrong commencement date; it should have stated that his use and occupancy began in 1960 or 1961. The Secretary denied that petition, concluding that Silas’ application had been properly denied as a matter of law the first time, that no appeal had been taken, and that the new evidence was…