Donald Hotch v. United States of America Bruce Babbitt, Secretary of the Interior

97 F.3d 1459 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald HOTCH, Plaintiff-Appellant, v. UNITED STATES of America; Bruce Babbitt, Secretary of the Interior, Defendants-Appellees. No. 95-35403. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 6, 1996. Decided Sept. 5, 1996. Before: GOODWIN, BRUNETTI and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 Hotch appeals the denial of his application for an allotment under the Alaska Native Allotment Act of 1906 (the Act). 34 Stat. 197 as amended August 2, 1956, 70 Stat. 954 ; former 43 U.S.C. §§ 270-1 to 270-3. We hold that Hotch failed to establish use "potentially exclusive of others," and affirm. 3 The regulations interpreting the Act define "substantial continuous use" as contemplating: 4 the customary seasonality of use and occupancy by the applicant of any land used by him for his livelihood and well-being and that of his family. Such use and occupancy must be substantial actual…