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UNITED STATES DEPARTMENT OF THE INTERIOR

WASHINGTON, D.C. 20240

Secretary of the Interior

Office of Hearings and Appeals ... James R. Richards, Director

Office of the Solicitor... Kent Frizzell, Solicitor

602

Rogers C. B. Morton

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

Washington, D.C. 20402

AD

181 64 14.81 1974

PREFACE

This volume of Decisions of the Department of the Interior covers the period from January 1, 1974 to December 31, 1974. It includes the most important administrative decisions and legal opinions that were rendered by officials of the Department during the period.

The Honorable Rogers C. B. Morton served as Secretary of the Interior during the period covered by this volume; Mr. John C. Whitaker, served as Under Secretary; Messrs. Jack Carlson, James T. Clarke, Jack O. Horton, John Kyl, Royston C. Hughes, Nathaniel Reed served as Assistant Secretaries of the Interior; Mr. Kent Frizzell served as Solicitor of the Department of the Interior and Mr. David E. Lingren as Deputy Solicitor. Mr. James R. Richards, served as Director, Office of Hearings and Appeals.

This volume will be cited within the Department of the Interior as "81 I.D."

Roger CB Morton

Secretary of the Interior.

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ERRATA

Page 14 Correct Title of Decision to read United States v. Elmer H. Swanson.
Page 49-Cols. 1 and 2, legal citation correct Lenning to Lennig.

Page 177—Addition to Syllabus 390.1.0 Indian Probate: State Law: Applica-
bility to Indian Probate, Intestate Estates: Generally.

Page 205-Right Col. Syllabus No. 1, Regulation should read 70.100 (a).
Page 262-Omission in Topical Index Heading, should read Federal Employees
and Officers: Authority to Bind Government.

Page 292-Right Col., par. 2, line 10 correct citation to read 114 F.2d 221, 225
(3d Cir., 1940).

Page 316-Right Col. legal citation French v. Edwards, 80 U.S. (13 Wall) 506
(1871).

Page 320-Left Col., par. 1 legal citation should read Vaughan v. John C. Win-
ston Co.

Page 324-Right Col., line 11, correct citation to Vaughan.

Page 457-Right Col., Topical Heading Correction-Contracts: Performance
or Default: Waiver and Estoppel.

Page 473-Left Col., Delete s from Topical Index Heading, should read Mining
Claims: Withdrawn Land.

Page 527-Insert for Headnote-Indian Probate: Rehearing: Pleading, Timely
Filing, 370.1.

Page 602-Left. Col., par. 2, line 2, add to legal citation 2 IBMA 348, 80 I.D. 781.

IV

TABLE OF DECISIONS REPORTED

Abdalla, Isaac William (Deceased Unallotted Yankton Sioux, U-1505) Administrative Appeal of Blixt, Margaret Phillips v. Area Director, Billings Administrative Appeal of Coomes, Clair v. Area Director, Aberdeen et al Administrative Appeal of Garnett, Henry Kocer, OS 3667 v. Area Director, Aberdeen, and All Other Parties in Interest Administrative Appeal of Haliewicz, Emil d/b/a Skyline Logging and Equipment Sales v. Makah Indian Tribe and Commissioner, Bureau of Indian Affairs Administrative Appeal of Michalek, Juanita Humphrey (Crow Allottee No. 3292) v. Area Director, Billings et al. Administrative Appeal of Murphy, Marvin v. Area Director, Anadarko Area Office, et al. Administrative Appeal of Obi,

Richard

Administrative Appeal of Sessions, Inc. (A California Corporation) v.. Ortner, Vyola Olinger (Lessor), Lease No. PSL-33, Joseph Patrick Patencio (Lessor), Lease No. PSL-36, Larry Olinger (Lessor), Lease No. PSL-41 Administrative Appeal of Siegfried, Paul G. v. Area Director, Billings, et al. Administrative Appeal of Sunny

Cove Development Corporation v. Cruz, Flora, A/K/A Florida Patencio, Lessor

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