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  <AMDDATE>October 5, 2001</AMDDATE>
  <FMTR>
    <TITLEPG>
      <CODE>CODE OF FEDERAL REGULATIONS</CODE>
      <PRTPAGE P="1"/>43<PARTS>Part 1000 to End</PARTS>
      <REVISED>Revised as of October 1, 2001</REVISED>
      <SUBJECT>Public Lands: Interior</SUBJECT>
      <CONTAINS>Containing a codification of documentsof general applicability and future effect</CONTAINS>
      <DATE>As of October 1, 2001</DATE>
      <ANCIL>With Ancillaries</ANCIL>
      <PUB>
        <P>Published by</P>
        <P>Office of the Federal Register</P>
        <P>National Archives and Records</P>
        <P>Administration</P>
      </PUB>
      <SPECED>A Special Edition of the Federal Register</SPECED>
    </TITLEPG>
    <BTITLE>
      <PRTPAGE P="?ii"/>
      <GPO>U.S. GOVERNMENT PRINTING OFFICE</GPO>
      <CITY>WASHINGTON : 2001</CITY>
      <FORSALE>
        <P>For sale by the Superintendent of Documents, U.S. Government Printing Office</P>
        <P>Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800</P>
        <P>Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001</P>
      </FORSALE>
    </BTITLE>
    <TOC>
      <PRTPAGE P="iii"/>
      <HD SOURCE="HED">Table of Contents</HD>
      <PGHD>Page</PGHD>
      <EXPL>
        <SUBJECT>Explanation</SUBJECT>
        <PG>v</PG>
      </EXPL>
      <TITLENO>
        <HD SOURCE="HED">Title 43:</HD>
        <SUBTI>
          <HD SOURCE="HED">Subtitle B—Regulations Relating to Public Lands (Continued):</HD>
        </SUBTI>
        <CHAPTI>
          <SUBJECT>Chapter II—Bureau of Land Management, Department of the Interior (Continued)</SUBJECT>
          <PG>5</PG>
        </CHAPTI>
        <CHAPTI>
          <SUBJECT>Chapter III—Utah Reclamation Mitigation and Conservation Commission</SUBJECT>
          <PG>919</PG>
        </CHAPTI>
      </TITLENO>
      <FAIDS>
        <HD SOURCE="HED">Finding Aids:</HD>
        <SUBJECT>Index</SUBJECT>
        <PG>963</PG>
        <SUBJECT>Table of CFR Titles and Chapters</SUBJECT>
        <PG>981</PG>
        <SUBJECT>Alphabetical List of Agencies Appearing in the CFR</SUBJECT>
        <PG>999</PG>
        <SUBJECT>List of CFR Sections Affected</SUBJECT>
        <PG>1009</PG>
      </FAIDS>
    </TOC>
    <CITE>
      <PRTPAGE P="iv"/>
      <P>Cite this Code:<E T="01">CFR</E>
      </P>

      <CITEP>To cite the regulations in this volume use title, part and section number. Thus, <E T="01">43 CFR 1601.0-1</E> refers to title 43, part 1600, section 0-1.</CITEP>
    </CITE>
    <EXPLA>
      <PRTPAGE P="v"/>
      <HD SOURCE="HED">Explanation</HD>
      <P>The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas.</P>
      <P>Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows:</P>
      <IPAR>
        <P SOURCE="P1">Title 1 through Title 16 </P>
        <STUB>as of January 1</STUB>
        <P SOURCE="P1">Title 17 through Title 27 </P>
        <STUB>as of April 1</STUB>
        <P SOURCE="P1">Title 28 through Title 41 </P>
        <STUB>as of July 1</STUB>
        <P SOURCE="P1">Title 42 through Title 50 </P>
        <STUB>as of October 1</STUB>
      </IPAR>
      <P>The appropriate revision date is printed on the cover of each volume.</P>
      <SIDEHED>
        <HD SOURCE="HED">LEGAL STATUS</HD>
        <P>The contents of the Federal Register are required to be judicially noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510).</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">HOW TO USE THE CODE OF FEDERAL REGULATIONS</HD>
        <P>The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to determine the latest version of any given rule.</P>
        <P>To determine whether a Code volume has been amended since its revision date (in this case, October 1, 2001, consult the “List of CFR Sections Affected (LSA),” which is issued monthly, and the “Cumulative List of Parts Affected,” which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">EFFECTIVE AND EXPIRATION DATES</HD>
        <P>Each volume of the Code contains amendments published in the Federal Register since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut-off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">OMB CONTROL NUMBERS</HD>

        <P>The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires Federal agencies to display an OMB control number with their information collection request. <PRTPAGE P="vi"/>Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the CFR. These OMB numbers are placed as close as possible to the applicable recordkeeping or reporting requirements.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">OBSOLETE PROVISIONS</HD>
        <P>Provisions that become obsolete before the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on a given date in the past by using the appropriate numerical list of sections affected. For the period before January 1, 1986, consult either the List of CFR Sections Affected, 1949-1963, 1964-1972, or 1973-1985, published in seven separate volumes. For the period beginning January 1, 1986, a “List of CFR Sections Affected” is published at the end of each CFR volume.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">CFR INDEXES AND TABULAR GUIDES</HD>

        <P>A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR <E T="04">Index and Finding Aids.</E> This volume contains the Parallel Table of Statutory Authorities and Agency Rules (Table I). A list of CFR titles, chapters, and parts and an alphabetical list of agencies publishing in the CFR are also included in this volume.</P>
        <P>An index to the text of “Title 3—The President” is carried within that volume.</P>
        <P>The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the “Contents” entries in the daily Federal Register.</P>
        <P>A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">REPUBLICATION OF MATERIAL</HD>
        <P>There are no restrictions on the republication of material appearing in the Code of Federal Regulations.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">INQUIRIES</HD>
        <P>For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency's name appears at the top of odd-numbered pages.</P>
        <P>For inquiries concerning CFR reference assistance, call 202-523-5227 or write to the Director, Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408 or e-mail info@fedreg.nara.gov.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">SALES</HD>
        <P>The Government Printing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2250, 24 hours a day. For payment by check, write to the Superintendent of Documents, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. For GPO Customer Service call 202-512-1803.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">ELECTRONIC SERVICES</HD>

        <P>The full text of the Code of Federal Regulations, the LSA (List of CFR Sections Affected), The United States Government Manual, the Federal Register, Public Laws, Public Papers, Weekly Compilation of Presidential Documents and the Privacy Act Compilation are available in electronic format at www.access.gpo.gov/nara (``GPO Access''). For more information, contact Electronic Information Dissemination Services, U.S. Government Printing Office. Phone 202-512-1530, or 888-293-6498 (toll-free). E-mail, gpoaccess@gpo.gov.<PRTPAGE P="vii"/>
        </P>
        <P>The Office of the Federal Register also offers a free service on the National Archives and Records Administration's (NARA) World Wide Web site for public law numbers, Federal Register finding aids, and related information.  Connect to NARA's web site at www.nara.gov/fedreg. The NARA site also contains links to GPO Access.</P>
      </SIDEHED>
      <SIG>
        <NAME>Raymond A. Mosley,</NAME>
        <POSITION>Director,</POSITION>
        <OFFICE>Office of the Federal Register.</OFFICE>
      </SIG>
      <DATE>October 1, 2001.</DATE>
    </EXPLA>
    <THISTITL>
      <PRTPAGE P="ix"/>
      <HD SOURCE="HED">THIS TITLE</HD>
      <P>Title 43—<E T="04">Public Lands: Interior</E> is composed of two volumes. Volume one (parts 1-999) contains all current regulations issued under subtitle A—Office of the Secretary of the Interior and chapter I—Bureau of Reclamation, Department of the Interior. Volume two (part 1000 to End) includes all regulations issued under chapter II—Bureau of Land Management, Department of the Interior, and Chapter III—Utah Reclamation Mitigation and Conservation Commission. The contents of these volumes represent all current regulations codified under this title of the CFR as of October 1, 2001.</P>
      <P>The first volume contains a redesignation table. In the second volume, containing chapter II—Bureau of Land Management, Department of the Interior, the OMB control numbers appear in a “Note” immediately below the “Group” headings throughout the chapter, if applicable.</P>
      <GPH DEEP="532" SPAN="1">
        <PRTPAGE P="x"/>
        <GID>CFRORDR.FRM</GID>
      </GPH>
    </THISTITL>
  </FMTR>
  <TITLE>
    <CFRTITLE>
      <LRH>43 CFR Ch. II (10-1-01 Edition)</LRH>
      <RRH>Bureau of Land Management, Interior</RRH>
      <TITLEHD>
        <PRTPAGE P="1"/>
        <HD SOURCE="HED">Title 43—Public Lands: Interior</HD>
        <P>(This book contains parts 1000 to end)</P>
      </TITLEHD>
      <CFRTOC>
        <SUBTI>
          <HD SOURCE="HED">SUBTITLE B—<E T="04">Regulations Relating to Public Lands</E> (Continued):</HD>
        </SUBTI>
        <PTHD>Part</PTHD>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter ii</E>—Bureau of Land Management, Department of the Interior</SUBJECT>
          <PG>1600</PG>
        </CHAPTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter iii</E>—Utah Reclamation Mitigation and Conservation Commission</SUBJECT>
          <PG>10000</PG>
        </CHAPTI>
      </CFRTOC>
    </CFRTITLE>
    <SUBTITLE>
      <PRTPAGE P="3"/>
      <HD SOURCE="HED">Subtitle B—Regulations Relating to Public Lands (Continued)</HD>
      <CHAPTER>
        <TOC>
          <TOCHD>
            <PRTPAGE P="5"/>
            <HD SOURCE="HED">CHAPTER II—BUREAU OF LAND MANAGEMENT, </HD>
            <HD SOURCE="HED">DEPARTMENT OF THE INTERIOR</HD>
          </TOCHD>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER A—GENERAL MANAGEMENT (1000)</HD>
          </SUBCHAP>
          <PTHD>Part</PTHD>
          <PGHD>Page</PGHD>
          <CHAPTI>
            <PT>1000-1599</PT>
            <RESERVED>[Reserved]</RESERVED>
            <PT>1600</PT>
            <SUBJECT>Planning, programming, budgeting</SUBJECT>
            <PG>11</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 1700—Program Management</E>
          </GROUPHD>
          <CHAPTI>
            <PT>1780</PT>
            <SUBJECT>Cooperative relations</SUBJECT>
            <PG>23</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 1800—Public Administrative Procedures</E>
          </GROUPHD>
          <CHAPTI>
            <PT>1810</PT>
            <SUBJECT>Introduction and general guidance</SUBJECT>
            <PG>31</PG>
            <PT>1820</PT>
            <SUBJECT>Application procedures</SUBJECT>
            <PG>34</PG>
            <PT>1840</PT>
            <SUBJECT>Appeals procedures</SUBJECT>
            <PG>38</PG>
            <PT>1850</PT>
            <SUBJECT>Hearings procedures</SUBJECT>
            <PG>38</PG>
            <PT>1860</PT>
            <SUBJECT>Conveyances, disclaimers and correction documents</SUBJECT>
            <PG>38</PG>
            <PT>1870</PT>
            <SUBJECT>Adjudication principles and procedures</SUBJECT>
            <PG>43</PG>
            <PT>1880</PT>
            <SUBJECT>Financial assistance, local governments</SUBJECT>
            <PG>44</PG>
          </CHAPTI>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER B—LAND RESOURCE MANAGEMENT (2000)</HD>
          </SUBCHAP>
          <GROUPHD>
            <E T="05">Group 2000—Land Resource Management; General</E>
          </GROUPHD>
          <CHAPTI>
            <PT>2090</PT>
            <SUBJECT>Special laws and rules</SUBJECT>
            <PG>53</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 2100—Acquisitions</E>
          </GROUPHD>
          <GROUPHD>
            <E T="05">Group 2200—Exchanges</E>
          </GROUPHD>
          <CHAPTI>
            <PT>2200</PT>
            <SUBJECT>Exchanges: General procedures</SUBJECT>
            <PG>60</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 2300—Withdrawals</E>
          </GROUPHD>
          <CHAPTI>
            <PT>2300</PT>
            <SUBJECT>Land withdrawals</SUBJECT>
            <PG>76</PG>
            <PT>2360</PT>
            <SUBJECT>National Petroleum Reserve in Alaska</SUBJECT>
            <PG>91<PRTPAGE P="6"/>
            </PG>
            <PT>2370</PT>
            <SUBJECT>Restorations and revocations</SUBJECT>
            <PG>94</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 2400—Land Classification</E>
          </GROUPHD>
          <CHAPTI>
            <PT>2400</PT>
            <SUBJECT>Land classification</SUBJECT>
            <PG>96</PG>
            <PT>2410</PT>
            <SUBJECT>Criteria for all land classifications</SUBJECT>
            <PG>99</PG>
            <PT>2420</PT>
            <SUBJECT>Multiple-use management classifications</SUBJECT>
            <PG>100</PG>
            <PT>2430</PT>
            <SUBJECT>Disposal classifications</SUBJECT>
            <PG>101</PG>
            <PT>2440</PT>
            <SUBJECT>Segregation by classification</SUBJECT>
            <PG>103</PG>
            <PT>2450</PT>
            <SUBJECT>Petition-application classification system</SUBJECT>
            <PG>104</PG>
            <PT>2460</PT>
            <SUBJECT>Bureau initiated classification system</SUBJECT>
            <PG>106</PG>
            <PT>2470</PT>
            <SUBJECT>Postclassification actions</SUBJECT>
            <PG>109</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 2500—Disposition; Occupancy and Use</E>
          </GROUPHD>
          <CHAPTI>
            <PT>2520</PT>
            <SUBJECT>Desert-land entries</SUBJECT>
            <PG>109</PG>
            <PT>2530</PT>
            <SUBJECT>Indian allotments</SUBJECT>
            <PG>126</PG>
            <PT>2540</PT>
            <SUBJECT>Color-of-title and omitted lands</SUBJECT>
            <PG>129</PG>
            <PT>2560</PT>
            <SUBJECT>Alaska occupancy and use</SUBJECT>
            <PG>141</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 2600—Disposition; Grants</E>
          </GROUPHD>
          <CHAPTI>
            <PT>2610</PT>
            <SUBJECT>Carey Act grants</SUBJECT>
            <PG>163</PG>
            <PT>2620</PT>
            <SUBJECT>State grants</SUBJECT>
            <PG>169</PG>
            <PT>2630</PT>
            <SUBJECT>Railroad grants</SUBJECT>
            <PG>180</PG>
            <PT>2640</PT>
            <SUBJECT>FAA airport grants</SUBJECT>
            <PG>182</PG>
            <PT>2650</PT>
            <SUBJECT>Alaska native selections</SUBJECT>
            <PG>184</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 2700—Disposition; Sales</E>
          </GROUPHD>
          <CHAPTI>
            <PT>2710</PT>
            <SUBJECT>Sales: Federal Land Policy and Management Act</SUBJECT>
            <PG>212</PG>
            <PT>2720</PT>
            <SUBJECT>Conveyance of federally-owned mineral interests</SUBJECT>
            <PG>219</PG>
            <PT>2740</PT>
            <SUBJECT>Recreation and Public Purposes Act</SUBJECT>
            <PG>224</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 2800—Use; Rights-of-Way</E>
          </GROUPHD>
          <CHAPTI>
            <PT>2800</PT>
            <SUBJECT>Rights-of-way, principles and procedures</SUBJECT>
            <PG>233</PG>
            <PT>2810</PT>
            <SUBJECT>Tramroads and logging roads</SUBJECT>
            <PG>259</PG>
            <PT>2880</PT>
            <SUBJECT>Rights-of-way under the Mineral Leasing Act</SUBJECT>
            <PG>274</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 2900—Use; Leases and Permits</E>
          </GROUPHD>
          <CHAPTI>
            <PT>2910</PT>
            <SUBJECT>Leases</SUBJECT>
            <PG>289</PG>
            <PT>2920</PT>
            <SUBJECT>Leases, permits and easements</SUBJECT>
            <PG>296</PG>
          </CHAPTI>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER C—MINERALS MANAGEMENT (3000)</HD>
          </SUBCHAP>
          <CHAPTI>
            <PT>3000</PT>
            <SUBJECT>Minerals management: General</SUBJECT>
            <PG>307</PG>
            <PT>3100</PT>
            <SUBJECT>Oil and gas leasing</SUBJECT>
            <PG>309</PG>
            <PT>3110</PT>
            <SUBJECT>Noncompetitive leases</SUBJECT>
            <PG>353</PG>
            <PT>3120</PT>
            <SUBJECT>Competitive leases</SUBJECT>
            <PG>358</PG>
            <PT>3130</PT>
            <SUBJECT>Oil and gas leasing: National Petroleum Reserve, Alaska</SUBJECT>
            <PG>362<PRTPAGE P="7"/>
            </PG>
            <PT>3140</PT>
            <SUBJECT>Combined hydrocarbon leasing</SUBJECT>
            <PG>371</PG>
            <PT>3150</PT>
            <SUBJECT>Onshore oil and gas geophysical exploration</SUBJECT>
            <PG>382</PG>
            <PT>3160</PT>
            <SUBJECT>Onshore oil and gas operations</SUBJECT>
            <PG>386</PG>
            <PT>3180</PT>
            <SUBJECT>Onshore oil and gas unit agreements: Unproven areas</SUBJECT>
            <PG>414</PG>
            <PT>3190</PT>
            <SUBJECT>Delegation of authority, cooperative agreements and contracts for oil and gas inspection</SUBJECT>
            <PG>437</PG>
            <PT>3195</PT>
            <SUBJECT>Helium contracts</SUBJECT>
            <PG>445</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 3200—Geothermal Resources Leasing</E>
          </GROUPHD>
          <CHAPTI>
            <PT>3200</PT>
            <SUBJECT>Geothermal resources leasing</SUBJECT>
            <PG>449</PG>
            <PT>3280</PT>
            <SUBJECT>Geothermal resources unit agreements: Unproven areas</SUBJECT>
            <PG>498</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 3400—Coal Management</E>
          </GROUPHD>
          <CHAPTI>
            <PT>3400</PT>
            <SUBJECT>Coal management: General</SUBJECT>
            <PG>516</PG>
            <PT>3410</PT>
            <SUBJECT>Exploration licenses</SUBJECT>
            <PG>522</PG>
            <PT>3420</PT>
            <SUBJECT>Competitive leasing</SUBJECT>
            <PG>525</PG>
            <PT>3430</PT>
            <SUBJECT>Noncompetitive leases</SUBJECT>
            <PG>544</PG>
            <PT>3440</PT>
            <SUBJECT>Licenses to mine</SUBJECT>
            <PG>559</PG>
            <PT>3450</PT>
            <SUBJECT>Management of existing leases</SUBJECT>
            <PG>561</PG>
            <PT>3460</PT>
            <SUBJECT>Environment</SUBJECT>
            <PG>565</PG>
            <PT>3470</PT>
            <SUBJECT>Coal management provisions and limitations</SUBJECT>
            <PG>574</PG>
            <PT>3480</PT>
            <SUBJECT>Coal exploration and mining operations rules</SUBJECT>
            <PG>586</PG>
          </CHAPTI>
          <CHAPTI>
            <PT>3500</PT>
            <SUBJECT>Leasing of solid minerals other than coal and oil shale</SUBJECT>
            <PG>613</PG>
            <PT>3580</PT>
            <SUBJECT>Special leasing areas</SUBJECT>
            <PG>649</PG>
            <PT>3590</PT>
            <SUBJECT>Solid minerals (other than coal) exploration and mining operations</SUBJECT>
            <PG>657</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 3600—Mineral Materials Disposal</E>
          </GROUPHD>
          <CHAPTI>
            <PT>3600</PT>
            <SUBJECT>Mineral materials disposal: General</SUBJECT>
            <PG>667</PG>
            <PT>3610</PT>
            <SUBJECT>Sales</SUBJECT>
            <PG>671</PG>
            <PT>3620</PT>
            <SUBJECT>Free use</SUBJECT>
            <PG>675</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 3700—Multiple Use; Mining</E>
          </GROUPHD>
          <CHAPTI>
            <PT>3710</PT>
            <SUBJECT>Public Law 167; Act of July 23, 1955</SUBJECT>
            <PG>677</PG>
            <PT>3720</PT>
            <RESERVED>[Reserved]</RESERVED>
            <PT>3730</PT>
            <SUBJECT>Public Law 359; mining in powersite withdrawals: General</SUBJECT>
            <PG>693</PG>
            <PT>3740</PT>
            <SUBJECT>Public Law 585; multiple mineral development</SUBJECT>
            <PG>697</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 3800—Mining Claims Under the General Mining Laws</E>
          </GROUPHD>
          <CHAPTI>
            <PT>3800</PT>
            <SUBJECT>Mining claims under the general mining laws</SUBJECT>
            <PG>704</PG>
            <PT>3810</PT>
            <SUBJECT>Lands and minerals subject to location</SUBJECT>
            <PG>749</PG>
            <PT>3820</PT>
            <SUBJECT>Areas subject to special mining laws</SUBJECT>
            <PG>755</PG>
            <PT>3830</PT>
            <SUBJECT>Location of mining claims</SUBJECT>
            <PG>760<PRTPAGE P="8"/>
            </PG>
            <PT>3840</PT>
            <SUBJECT>Nature and classes of mining claims</SUBJECT>
            <PG>777</PG>
            <PT>3850</PT>
            <SUBJECT>Assessment work</SUBJECT>
            <PG>782</PG>
            <PT>3860</PT>
            <SUBJECT>Mineral patent applications</SUBJECT>
            <PG>786</PG>
            <PT>3870</PT>
            <SUBJECT>Adverse claims, protests and conflicts</SUBJECT>
            <PG>797</PG>
          </CHAPTI>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER D—RANGE MANAGEMENT (4000)</HD>
          </SUBCHAP>
          <GROUPHD>
            <E T="05">Group 4100—Grazing Administration</E>
          </GROUPHD>
          <CHAPTI>
            <PT>4100</PT>
            <SUBJECT>Grazing administration—exclusive of Alaska</SUBJECT>
            <PG>803</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 4200—Grazing Administration; Alaska; Livestock</E>
          </GROUPHD>
          <CHAPTI>
            <PT>4200</PT>
            <SUBJECT>Grazing administration; Alaska; livestock</SUBJECT>
            <PG>830</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 4300—Grazing Administration; Alaska; Reindeer; General</E>
          </GROUPHD>
          <CHAPTI>
            <PT>4300</PT>
            <SUBJECT>Grazing administration; Alaska; reindeer; general</SUBJECT>
            <PG>830</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 4600—Leases</E>
          </GROUPHD>
          <CHAPTI>
            <PT>4600</PT>
            <SUBJECT>Leases of grazing land—Pierce Act</SUBJECT>
            <PG>835</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 4700—Wild Free-Roaming Horse and Burro Management</E>
          </GROUPHD>
          <CHAPTI>
            <PT>4700</PT>
            <SUBJECT>Protection, management, and control of wild free-roaming horses and burros</SUBJECT>
            <PG>837</PG>
          </CHAPTI>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER E—FOREST MANAGEMENT (5000)</HD>
          </SUBCHAP>
          <GROUPHD>
            <E T="05">Group 5000—Forest Management General</E>
          </GROUPHD>
          <CHAPTI>
            <PT>5000</PT>
            <SUBJECT>Administration of forest management decisions</SUBJECT>
            <PG>847</PG>
            <PT>5040</PT>
            <SUBJECT>Sustained-yield forest units</SUBJECT>
            <PG>847</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 5400—Sales of Forest Products</E>
          </GROUPHD>
          <CHAPTI>
            <PT>5400</PT>
            <SUBJECT>Sales of forest products; general</SUBJECT>
            <PG>848</PG>
            <PT>5410</PT>
            <SUBJECT>Annual timber sale plan</SUBJECT>
            <PG>852</PG>
            <PT>5420</PT>
            <SUBJECT>Preparation for sale</SUBJECT>
            <PG>853</PG>
            <PT>5430</PT>
            <SUBJECT>Advertisement</SUBJECT>
            <PG>854</PG>
            <PT>5440</PT>
            <SUBJECT>Conduct of sales</SUBJECT>
            <PG>854</PG>
            <PT>5450</PT>
            <SUBJECT>Award of contract</SUBJECT>
            <PG>857</PG>
            <PT>5460</PT>
            <SUBJECT>Sales administration</SUBJECT>
            <PG>859</PG>
            <PT>5470</PT>
            <SUBJECT>Contract modification—extension—assignment</SUBJECT>
            <PG>863</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 5500—Nonsale Disposals</E>
          </GROUPHD>
          <CHAPTI>
            <PT>5500</PT>
            <SUBJECT>Nonsale disposals; general</SUBJECT>
            <PG>864<PRTPAGE P="9"/>
            </PG>
            <PT>5510</PT>
            <SUBJECT>Free use of timber</SUBJECT>
            <PG>865</PG>
          </CHAPTI>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER F—PRESERVATION AND CONSERVATION (6000)</HD>
          </SUBCHAP>
          <CHAPTI>
            <PT>6300</PT>
            <SUBJECT>Management of designated wilderness areas</SUBJECT>
            <PG>872</PG>
          </CHAPTI>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER G (7000) [RESERVED]</HD>
          </SUBCHAP>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER H—RECREATION PROGRAMS (8000)</HD>
          </SUBCHAP>
          <GROUPHD>
            <E T="05">Group 8100—Cultural Resource Management [Reserved]</E>
          </GROUPHD>
          <GROUPHD>
            <E T="05">Group 8200—Natural History Resource Management</E>
          </GROUPHD>
          <CHAPTI>
            <PT>8200</PT>
            <SUBJECT>Procedures</SUBJECT>
            <PG>880</PG>
            <PT>8340</PT>
            <SUBJECT>Off-road vehicles</SUBJECT>
            <PG>882</PG>
            <PT>8350</PT>
            <SUBJECT>Management areas</SUBJECT>
            <PG>886</PG>
            <PT>8360</PT>
            <SUBJECT>Visitor services</SUBJECT>
            <PG>887</PG>
            <PT>8370</PT>
            <SUBJECT>Use authorizations</SUBJECT>
            <PG>892</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 8600—Environmental education and protection [Reserved]</E>
          </GROUPHD>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER I—TECHNICAL SERVICES (9000)</HD>
          </SUBCHAP>
          <GROUPHD>
            <E T="05">Group 9100—Engineering</E>
          </GROUPHD>
          <CHAPTI>
            <PT>9180</PT>
            <SUBJECT>Cadastral survey</SUBJECT>
            <PG>897</PG>
          </CHAPTI>
          <GROUPHD>
            <E T="05">Group 9200—Protection</E>
          </GROUPHD>
          <CHAPTI>
            <PT>9210</PT>
            <SUBJECT>Fire management</SUBJECT>
            <PG>902</PG>
            <PT>9230</PT>
            <SUBJECT>Trespass</SUBJECT>
            <PG>904</PG>
            <PT>9260</PT>
            <SUBJECT>Law enforcement—criminal</SUBJECT>
            <PG>909</PG>
          </CHAPTI>
        </TOC>
        <SUBCHAP TYPE="N">
          <PRTPAGE P="11"/>
          <HD SOURCE="HED">SUBCHAPTER A—GENERAL MANAGEMENT (1000)</HD>
          <PART>
            <RESERVED>PARTS 1000-1599[RESERVED]</RESERVED>
          </PART>
          <PART>
            <EAR>Pt. 1600</EAR>
            <HD SOURCE="HED">PART 1600—PLANNING, PROGRAMMING, BUDGETING</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 1601—Planning</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>1601.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <SECTNO>1601.0-2</SECTNO>
                <SUBJECT>Objective.</SUBJECT>
                <SECTNO>1601.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>1601.0-4</SECTNO>
                <SUBJECT>Responsibilities.</SUBJECT>
                <SECTNO>1601.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>1601.0-6</SECTNO>
                <SUBJECT>Environmental impact statement policy.</SUBJECT>
                <SECTNO>1601.0-7</SECTNO>
                <SUBJECT>Scope.</SUBJECT>
                <SECTNO>1601.0-8</SECTNO>
                <SUBJECT>Principles.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 1610—Resource Management Planning</HD>
                <SECTNO>1610.01</SECTNO>
                <SUBJECT>Resource management planning guidance.</SUBJECT>
                <SECTNO>1610.2</SECTNO>
                <SUBJECT>Public participation.</SUBJECT>
                <SECTNO>1610.3</SECTNO>
                <SUBJECT>Coordination with other Federal agencies, State and local governments, and Indian tribes.</SUBJECT>
                <SECTNO>1610.3-1</SECTNO>
                <SUBJECT>Coordination of planning efforts.</SUBJECT>
                <SECTNO>1610.3-2</SECTNO>
                <SUBJECT>Consistency requirements.</SUBJECT>
                <SECTNO>1610.4</SECTNO>
                <SUBJECT>Resource management planning process.</SUBJECT>
                <SECTNO>1610.4-1</SECTNO>
                <SUBJECT>Identification of issues.</SUBJECT>
                <SECTNO>1610.4-2</SECTNO>
                <SUBJECT>Development of planning criteria.</SUBJECT>
                <SECTNO>1610.4-3</SECTNO>
                <SUBJECT>Inventory data and information collection.</SUBJECT>
                <SECTNO>1610.4-4</SECTNO>
                <SUBJECT>Analysis of the management situation.</SUBJECT>
                <SECTNO>1610.4-5</SECTNO>
                <SUBJECT>Formulation of alternatives.</SUBJECT>
                <SECTNO>1610.4-6</SECTNO>
                <SUBJECT>Estimation of effects of alternatives.</SUBJECT>
                <SECTNO>1610.4-7</SECTNO>
                <SUBJECT>Selection of preferred alternative.</SUBJECT>
                <SECTNO>1610.4-8</SECTNO>
                <SUBJECT>Selection of resource management plan.</SUBJECT>
                <SECTNO>1610.4-9</SECTNO>
                <SUBJECT>Monitoring and evaluation.</SUBJECT>
                <SECTNO>1610.5</SECTNO>
                <SUBJECT>Resource management plan approval, use and modification.</SUBJECT>
                <SECTNO>1610.5-1</SECTNO>
                <SUBJECT>Resource management plan approval and administrative review.</SUBJECT>
                <SECTNO>1610.5-2</SECTNO>
                <SUBJECT>Protest procedures.</SUBJECT>
                <SECTNO>1610.5-3</SECTNO>
                <SUBJECT>Conformity and implementation.</SUBJECT>
                <SECTNO>1610.5-4</SECTNO>
                <SUBJECT>Maintenance.</SUBJECT>
                <SECTNO>1610.5-5</SECTNO>
                <SUBJECT>Amendment.</SUBJECT>
                <SECTNO>1610.5-6</SECTNO>
                <SUBJECT>Revision.</SUBJECT>
                <SECTNO>1610.5-7</SECTNO>
                <SUBJECT>Situations where action can be taken based on another agency's plan, or a land use analysis.</SUBJECT>
                <SECTNO>1610.6</SECTNO>
                <SUBJECT>Management decision review by Congress.</SUBJECT>
                <SECTNO>1610.7</SECTNO>
                <SUBJECT>Designation of areas.</SUBJECT>
                <SECTNO>1610.7-1</SECTNO>
                <SUBJECT>Designation of areas unsuitable for surface mining.</SUBJECT>
                <SECTNO>1610.7-2</SECTNO>
                <SUBJECT>Designation of areas of critical environmental concern.</SUBJECT>
                <SECTNO>1610.8</SECTNO>
                <SUBJECT>Transition period.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority: </HD>
              <P>43 U.S.C. 1711-1712.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source: </HD>
              <P>48 FR 20368, May 5, 1983, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart 1601—Planning</HD>
              <SECTION>
                <SECTNO>§ 1601.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <P>The purpose of this subpart is to establish in regulations a process for the development, approval, maintenance, amendment and revision of resource management plans, and the use of existing plans for public lands administered by the Bureau of Land Management.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1601.0-2</SECTNO>
                <SUBJECT>Objective.</SUBJECT>
                <P>The objective of resource management planning by the Bureau of Land Management is to maximize resource values for the public through a rational, consistently applied set of regulations and procedures which promote the concept of multiple use management and ensure participation by the public, state and local governments, Indian tribes and appropriate Federal agencies. Resource management plans are designed to guide and control future management actions and the development of subsequent, more detailed and limited scope plans for resources and uses.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1601.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>

                <P>These regulations are issued under the authority of sections 201 and 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711-1712); the Public Rangelands Improvement Act of 1978 (43 U.S.C. 1901); section 3 of the Federal Coal Leasing Amendments Act of 1976 (30 U.S.C. 201(a)); sections 522, 601, and 714 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 <E T="03">et seq.</E>); and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 <E T="03">et seq.</E>).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1601.0-4</SECTNO>
                <SUBJECT>Responsibilities.</SUBJECT>

                <P>(a) National level policy and procedure guidance for planning shall be <PRTPAGE P="12"/>provided by the Secretary and the Director.</P>
                <P>(b) State Directors shall provide quality control and supervisory review, including plan approval, for plans and related environmental impact statements and shall provide additional guidance, as necessary, for use by District and Area managers. State Directors shall file draft and final environmental impact statements associated with resource management plans and amendments.</P>
                <P>(c) Resource management plans, amendments, revisions and related environmental impact statements shall be prepared by District or Area Managers, and approved by State Directors. In general, Area Managers will be responsible for directly supervising the preparation of the plan, and the District Manager for providing general direction and guidance to the planning effort.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1601.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>As used in this part, the term:</P>
                <P>(a) <E T="03">Areas of Critical Environmental Concern</E> or <E T="03">ACEC</E> means areas within the public lands where special management attention is required (when such areas are developed or used or where no development is required) to protect and prevent irreparable damage to important historic, cultural, or scenic values, fish and wildlife resources, or other natural systems or processes, or to protect life and safety from natural hazards. The identification of a potential ACEC shall not, of itself, change or prevent change of the management or use of public lands.</P>
                <P>(b) <E T="03">Conformity or conformance</E> means that a resource management action shall be specifically provided for in the plan, or if not specifically mentioned, shall be clearly consistent with the terms, conditions, and decisions of the approved plan or plan amendment.</P>
                <P>(c) <E T="03">Consistent</E> means that the Bureau of Land Management plans will adhere to the terms, conditions, and decisions of officially approved and adopted resource related plans, or in their absence, with policies and programs, subject to the qualifications in § 1615.2 of this title.</P>
                <P>(d) <E T="03">Guidance</E> means any type of written communication or instruction that transmits objectives, goals, constraints, or any other direction that helps the District and Area Managers and staff know how to prepare a specific resource management plan.</P>
                <P>(e) <E T="03">Local government</E> means any political subdivision of the State and any general purpose unit of local government with resource planning, resource management, zoning, or land use regulation authority.</P>
                <P>(f) <E T="03">Multiple use</E> means the management of the public lands and their various resource values so that they are utilized in the combination that will best meet the present and future needs of the American people; making the most judicious use of the lands for some or all of these resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions; the use of some lands for less than all of the resources; a combination of balanced and diverse resource uses that takes into account the long term needs of future generations for renewable and non-renewable resources, including, but not limited to, recreation, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific and historical values; and harmonious and coordinated management of the various resources without permanent impairment of the productivity of the lands and the quality of the environment with consideration being given to the relative values of the resources and not necessarily to the combination of uses that will give the greatest economic return or the greatest unit output.</P>
                <P>(g) <E T="03">Officially approved and adopted resource related plans</E> means plans, policies, programs and processes prepared and approved pursuant to and in accordance with authorization provided by Federal, State or local constitutions, legislation, or charters which have the force and effect of State law.</P>
                <P>(h) <E T="03">Public</E> means affected or interested individuals, including consumer organizations, public land resource users, corporations and other business entities, environmental organizations and other special interest groups and officials of State, local, and Indian tribal governments.<PRTPAGE P="13"/>
                </P>
                <P>(i) <E T="03">Public lands</E> means any lands or interest in lands owned by the United States and administered by the Secretary of the Interior through the Bureau of Land Management, except lands located on the Outer Continental Shelf and lands held for the benefit of Indians, Aleuts and Eskimos.</P>
                <P>(j) <E T="03">Resource area</E> means a geographic portion of a Bureau of Land Management district. It is the administrative subdivision whose manager has primary responsibility for day-to-day resource management activities and resource use allocations and is, in most instances, the area for which resource management plans are prepared and maintained.</P>
                <P>(k) <E T="03">Resource management plan</E> means a land use plan as described by the Federal Land Policy and Management Act. The resource management plan generally establishes in a written document:</P>
                <P>(1) Land areas for limited, restricted or exclusive use; designation, including ACEC designation; and transfer from Bureau of Land Management Administration;</P>
                <P>(2) Allowable resource uses (either singly or in combination) and related levels of production or use to be maintained;</P>
                <P>(3) Resource condition goals and objectives to be attained;</P>
                <P>(4) Program constraints and general management practices needed to achieve the above items;</P>
                <P>(5) Need for an area to be covered by more detailed and specific plans;</P>
                <P>(6) Support action, including such measures as resource protection, access development, realty action, cadastral survey, etc., as necessary to achieve the above;</P>
                <P>(7) General implementation sequences, where carrying out a planned action is dependent upon prior accomplishment of another planned action; and</P>
                <P>(8) Intervals and standards for monitoring and evaluating the plan to determine the effectiveness of the plan and the need for amendment or revision.</P>
                <FP>It is not a final implementation decision on actions which require further specific plans, process steps, or decisions under specific provisions of law and regulations.</FP>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1601.0-6</SECTNO>
                <SUBJECT>Environmental impact statement policy.</SUBJECT>
                <P>Approval of a resource management plan is considered a major Federal action significantly affecting the quality of the human environment. The environmental analysis of alternatives and the proposed plan shall be accomplished as part of the resource management planning process and, wherever possible, the proposed plan and related environmental impact statement shall be published in a single document.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1601.0-7</SECTNO>
                <SUBJECT>Scope.</SUBJECT>
                <P>(a) These regulations apply to all public lands.</P>
                <P>(b) These regulations also govern the preparation of resource management plans when the only public land interest is the mineral estate.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1601.0-8</SECTNO>
                <SUBJECT>Principles.</SUBJECT>
                <P>The development, approval, maintenance, amendment and revision of resource management plans will provide for public involvement and shall be consistent with the principles described in section 202 of the Federal Land Policy and Management Act of 1976. Additionally, the impact on local economies and uses of adjacent or nearby non-Federal lands and on non-public land surface over federally-owned mineral interests shall be considered.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 1610—Resource Management Planning</HD>
              <SECTION>
                <SECTNO>§ 1610.1</SECTNO>
                <SUBJECT>Resource management planning guidance.</SUBJECT>
                <P>(a) Guidance for preparation and amendment of resource management plans may be provided by the Director and State Director, as needed, to help the District and Area Manager and staff prepare a specific plan. Such guidance may include the following:</P>

                <P>(1) National level policy which has been established through legislation, regulations, executive orders or other Presidential, Secretarial or Director approved documents. This policy may include appropriately developed resource management commitments, suct as a right-of-way corridor crossing <PRTPAGE P="14"/>several resource areas, which are not required to be reexamined as part of the planning process.</P>
                <P>(2) Analysis requirements, planning procedures and other written information and instructions required to be considered in the planning process.</P>
                <P>(3) Guidance developed at the State Director level, with necessary and appropriate governmental coordination as prescribed by § 1610.3 of this title. Such guidance shall be reconsidered by the State Director at any time during the planning process that the State Director level guidance is found, through public involvement or other means, to be inappropriate when applied to a specific area being planned.</P>
                <P>(b) A resource management plan shall be prepared and maintained on a resource area basis, unless the State Director authorizes a more appropriate area.</P>
                <P>(c) An interdisciplinary approach shall be used in the preparation, amendment and revision of resource management plans as provided in 40 CFR 1502.6. The disciplines of the preparers shall be appropriate to the values involved and the issues identified during the issue identification and environmental impact statement scoping stage of the planning process. The District or Area Manager may use any necessary combination of Bureau of Land Management staff, consultants, contractors, other governmental personnel, and advisors to achieve an interdisciplinary approach.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.2</SECTNO>
                <SUBJECT>Public participation.</SUBJECT>
                <P>(a) The public shall be provided opportunities to meaningfully participate in and comment on the preparation of plans, amendments and related guidance and be given early notice of planning activities. Public involvement in the resource management planning process shall conform to the requirements of the National Environmental Policy Act and associated implementing regulations.</P>
                <P>(b) The Director shall, early in each fiscal year, publish a planning schedule advising the public of the status of each plan in process of preparation or to be started during that fiscal year, the major action on each plan during that fiscal year and projected new planning starts for the 3 succeeding fiscal years. The notice shall call for public comments on projected new planning starts so that such comments can be considered in refining priorities for those years.</P>

                <P>(c) Upon starting the preparation, amendment or revision of resource management plans, public participation shall be initiated by a notice published in the <E T="04">Federal Register</E> and appropriate media, including newspapers of general circulation in the State, adjoining States where the District Manager deems it appropriate, and the District. This notice may also constitute the scoping notice required by regulation for the National Environmental Policy Act (40 CFR 1501.7). This notice shall include the following:</P>
                <P>(1) Description of the proposed planning action;</P>
                <P>(2) Identification of the geographic area for which the plan is to be prepared;</P>
                <P>(3) The general types of issues anticipated;</P>
                <P>(4) The disciplines to be represented and used to prepare the plan;</P>
                <P>(5) The kind and extent of public participation opportunities to be provided;</P>
                <P>(6) The times, dates and locations scheduled or anticipated for any public meetings, hearings, conferences or other gatherings, as known at the time;</P>
                <P>(7) The name, title, address and telephone number of the Bureau of Land Management official who may be contacted for further information; and</P>
                <P>(8) The location and availability of documents relevant to the planning process.</P>
                <P>(d) A list of individuals and groups known to be interested in or affected by a resource management plan shall be maintained by the District Manager and those on the list shall be notified of public participation activities. Individuals or groups may ask to be placed on this list. Public participation activities conducted by the Bureau of Land Management shall be documented by a record or summary of the principal issues discussed and comments made.</P>

                <FP>The documentation together with a list of attendees shall be available to the <PRTPAGE P="15"/>public and open for 30 days to any participant who wishes to clarify the views he/she expressed.</FP>

                <P>(e) At least 15 days’ public notice shall be given for public participation activities where the public is invited to attend. Any notice requesting written comments shall provide for at least 30 calendar days for response. Ninety days shall be provided for review of the draft plan and draft environmental impact statement. The 90-day period shall begin when the Environmental Protection Agency publishes a notice of the filing of the draft environmental impact statement in the <E T="04">Federal Register.</E>
                </P>
                <P>(f) Public notice and opportunity for participation in resource mangement plan preparation shall be appropriate to the areas and people involved and shall be provided at the following specific points in the planning process:</P>
                <P>(1) General notice at the outset of the process inviting participation in the identification of issues (See §§ 1610.2(c) and 1610.4-1);</P>
                <P>(2) Review of the proposed planning criteria (See § 1610.4-2);</P>
                <P>(3) Publication of the draft resource management plan and draft environmental impact statement (See § 1610.4-7);</P>
                <P>(4) Publication of the proposed resource management plan and final environmental impact statement which triggers the opportunity for protest (See §§ 1610.4-8 and 1610.5-1(b)); and</P>
                <P>(5) Public notice and comment on any significant change made to the plan as a result of action on a protest (See § 1610.5-1(b)).</P>
                <P>(g) Copies of an approved resource management plan and amendments shall be reasonably available for public review. This includes copies at the State Office for the District, the District Manager's Office, the Area Office for lands directly involved and additional locations determined by the District Manager. Plans, amendments and revisions shall be published and single copies shall be available to the public upon request during the public participation process. After approval, a fee may be charged for additional copies at a rate established by the Director.</P>
                <P>(h) Supporting documents to a resource management plan shall be available for public review at the office where the plan was prepared.</P>
                <P>(i) Fees for reproducing requested documents beyond those used as part of the public participation activities and other than single copies of the printed plan amendment or revision may be charged according to the Department of the Interior schedule for Freedom of Information Act requests in 43 CFR part 2.</P>
                <P>(j) When resource management plans involve areas of potential mining for coal by means other than underground mining, and the surface is privately owned, the Bureau of Land Management shall consult with all surface owners who meet the criteria in § 3400.0-5 of this title. Contact shall be made in accordance with subpart 3427 of this title and shall provide time to fully consider surface owner views. This contact may be made by mail or in person by the District or Area Manager or his/her appropriate representative. A period of at least 30 days from the time of contact shall be provided for surface owners to convey their preference to the Area or District Manager.</P>
                <P>(k) If the plan involves potential for coal leasing, a public hearing shall be provided prior to the approval of the plan, if requested by any person having an interest which is, or may be, adversely affected by implementation of such plan. The hearing shall be conducted as prescribed in § 3420.1-5 of this title and may be combined with a regularly scheduled public meeting. The authorized officer conducting the hearing shall:</P>
                <P>(1) Publish a notice of the hearing in a newspaper of general circulation in the affected geographical area at least once a week for 2 consecutive weeks;</P>
                <P>(2) Provide an opportunity for testimony by anyone who so desires; and</P>
                <P>(3) Prepare a record of the proceedings of the hearing.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.3</SECTNO>
                <SUBJECT>Coordination with other Federal agencies, State and local governments, and Indian tribes.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.3-1</SECTNO>
                <SUBJECT>Coordination of planning efforts.</SUBJECT>

                <P>(a) In addition to the public involvement prescribed by § 1610.2 of this title <PRTPAGE P="16"/>the following coordination is to be accomplished with other Federal agencies, State and local governments, and Indian tribes. The objectives of the coordination are for the State Directors and District and Area Managers to keep apprised of non-Bureau of Land Management plans; assure that consideration is given to those plans that are germane in the development of resource management plans for public lands; assist in resolving, to the extent practicable, inconsistencies between Federal and non-Federal government plans; and provide for meaningful public involvement of other Federal agencies, State and local government officials, both elected and appointed, and Indian tribes in the development of resource management plans, including early pubic notice of proposed decisions which may have a significant impact on non-Federal lands.</P>
                <P>(b) State Directors and District and Area Managers shall provide other Federal agencies, State and local governments, and Indian tribes opportunity for review, advice, and suggestion on issues and topics which may affect or influence other agency or other government programs. To facilitate coordination with State governments, State Directors should seek the policy advice of the Governor(s) on the timing, scope and coordination of plan components; definition of planning areas; scheduling of public involvement activities; and the multiple use opportunities and constraints on public lands. State Directors may seek written agreements with Governors or their designated representatives on processes and procedural topics such as exchanging information, providing advice and participation, and timeframes for receiving State government participation and review in a timely fashion. If an agreement is not reached, the State Director shall provide opportunity for Governor and State agency review, advice and suggestions on issues and topics that the State Director has reason to believe could affect or influence State government programs.</P>
                <P>(c) In developing guidance to District Managers, in compliance with section 1611 of this title, the State Director shall:</P>
                <P>(1) Ensure that it is as consistent as possible with existing officially adopted and approved resource related plans, policies or programs of other Federal agencies, State agencies, Indian tribes and local governments that may be affected, as prescribed by § 1610.3-2 of this title;</P>
                <P>(2) Identify areas where the proposed guidance is inconsistent with such policies, plans or programs and provide reasons why the inconsistencies exist and cannot be remedied; and</P>
                <P>(3) Notify the other Federal agencies, State agencies, Indian tribes or local governments with whom consistency is not achieved and indicate any appropriate methods, procedures, actions and/or programs which the State Director believes may lead to resolution of such inconsistencies.</P>
                <P>(d) A notice of intent to prepare, amend, or revise a resource management plan shall be submitted, consistent with State procedures for coordination of Federal activities, for circulation among State agencies. This notice shall also be submitted to Federal agencies, the heads of county boards, other local government units and Tribal Chairmen or Alaska Native Leaders that have requested such notices or that the responsible line manager has reason to believe would be concerned with the plan or amendment. These notices shall be issued simultaneously with the public notices required under § 1610.2(b) of this title.</P>
                <P>(e) Federal agencies, State and local governments and Indian tribes shall have the time period prescribed under § 1610.2 of this title for review and comment on resource management plan proposals. Should they notify the District or Area Manager, in writing, of what they believe to be specific inconsistencies between the Bureau of Land Management resource management plan and their officially approved and adopted resources related plans, the resource management plan documentation shall show how those inconsistencies were addressed and, if possible, resolved.</P>

                <P>(f) When an Advisory Council has been formed under section 309 of the Federal Land Policy and Management Act for the district in which the resource area is located, that council <PRTPAGE P="17"/>shall be informed and their views sought and considered throughout the resource management planning process.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.3-2</SECTNO>
                <SUBJECT>Consistency requirements.</SUBJECT>
                <P>(a) Guidance and resource management plans and amendments to management framework plans shall be consistent with officially approved or adopted resource related plans, and the policies and programs contained therein, of other Federal agencies, State and local governments and Indian tribes, so long as the guidance and resource management plans are also consistent with the purposes, policies and programs of Federal laws and regulations applicable to public lands, including Federal and State pollution control laws as implemented by applicable Federal and State air, water, noise, and other pollution standards or implementation plans.</P>
                <P>(b) In the absence of officially approved or adopted resource-related plans of other Federal agencies, State and local governments and Indian tribes, guidance and resource management plans shall, to the maximum extent practical, be consistent with officially approved and adopted resource related policies and programs of other Federal agencies, State and local governments and Indian tribes. Such consistency will be accomplished so long as the guidance and resource management plans are consistent with the policies, programs and provisions of Federal laws and regulations applicable to public lands, including, but not limited to, Federal and State pollution control laws as implemented by applicable Federal and State air, water, noise and other pollution standards or implementation plans.</P>
                <P>(c) State Directors and District and Area Managers shall, to the extent practicable, keep apprised of State and local governmental and Indian tribal policies, plans, and programs, but they shall not be accountable for ensuring consistency if they have not been notified, in writing, by State and local governments or Indian tribes of an apparent inconsistency.</P>
                <P>(d) Where State and local government policies, plans, and programs differ, those of the higher authority will normally be followed.</P>

                <P>(e) Prior to the approval of a proposed resource management plan, or amendment to a management framework plan or resource management plan, the State Director shall submit to the Governor of the State(s) involved, the proposed plan or amendment and shall identify any known inconsistencies with State or local plans, policies or programs. The Governor(s) shall have 60 days in which to identify inconsistencies and provide recommendations in writing to the State Director. If the Governor(s) does not respond within the 60-day period, the plan or amendment shall be presumed to be consistent. If the written recommendation(s) of the Governor(s) recommend changes in the proposed plan or amendment which were not raised during the public participation process on that plan or amendment, the State Director shall provide the public with an opportunity to comment on the recommendation(s). If the State Director does not accept the recommendations of the Governor(s), The State Director shall notify the Governor(s) and the Governor(s) shall have 30 days in which to submit a written appeal to the Director of the Bureau of Land Management. The Director shall accept the recommendations of the Governor(s) if he/she determines that they provide for a reasonable balance between the national interest and the State's interest. The Director shall communicate to the Governor(s) in writing and publish in the <E T="04">Federal Register</E> the reasons for his/her determination to accept or reject such Governor's recommendations.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.4</SECTNO>
                <SUBJECT>Resource management planning process.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.4-1</SECTNO>
                <SUBJECT>Identification of issues.</SUBJECT>

                <P>At the outset of the planning process, the public, other Federal agencies, State and local governments and Indian tribes shall be given an opportunity to suggest concerns, needs, and resource use, development and protection opportunities for consideration in the preparation of the resource management plan. The District and Area Manager shall analyze those suggestions, plus available district records of <PRTPAGE P="18"/>resource conditions, trends, needs and problems, and select topics and determine the issues to be addressed during the planning process. Issues may be modified during the planning process to incorporate new information. The identification of issues shall also comply with the scoping process required by regulations implementing the National Environmental Policy Act (40 CFR 1501.7).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.4-2</SECTNO>
                <SUBJECT>Development of planning criteria.</SUBJECT>
                <P>The District or Area Manager shall prepare criteria to guide development of the resource management plan or revision, to ensure that it is tailored to the issues previously identified and to ensure that unnecessary data collection and analyses are avoided. Planning criteria shall generally be based upon applicable law, Director and State Director guidance, the results of public participation and coordination with other Federal agencies, State and local governments and Indian tribes. Proposed planning criteria, including any significant changes, shall be made available for public comment prior to being approved by the District manager for use in the planning process. Planning criteria may be changed as planning proceeds, based on public suggestions and the findings of the various studies and assessments.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.4-3</SECTNO>
                <SUBJECT>Inventory data and information collection.</SUBJECT>
                <P>(a) The District or Area Manager shall arrange for resource, environmental, social, economic and institutional data and information to be collected, or assembled if already available. New information and inventory data collection will emphasize significant issues and decisions with the greatest potential impact. Inventory data and information shall be collected in a manner that aids application in the planning process, including subsequent monitoring requirements.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.4-4</SECTNO>
                <SUBJECT>Analysis of the management situation.</SUBJECT>
                <P>The District or Area Manager shall analyze the inventory data and other information available to determine the ability of the resource area to respond to identified issues and opportunities. The analysis of the management situation shall provide, consistent with multiple use principles, the basis for formulating reasonable alternatives, including the types of resources for development or protection. Factors to be considered may include, but are not limited to:</P>
                <P>(a) The types of resource use and protection authorized by the Federal Land Policy and Management Act and other relevant legislation;</P>
                <P>(b) Opportunities to meet goals and objectives defined in national and State Director guidance;</P>
                <P>(c) Resource demand forecasts and analyses relevant to the resource area;</P>
                <P>(d) The estimated sustained levels of the various goods, services and uses that may be attained under existing biological and physical conditions and under differing management practices and degrees of management intensity which are economically viable under benefit cost or cost effectiveness standards prescribed in national or State Director guidance;</P>
                <P>(e) Specific requirements and constraints to achieve consistency with policies, plans and programs of other Federal agencies, State and local government agencies and Indian tribes;</P>
                <P>(f) Opportunities to resolve public issues and management concerns;</P>
                <P>(g) Degree of local dependence on resources from public lands;</P>
                <P>(h) The extent of coal lands which may be further considered under provisions of § 3420.2-3(a) of this title; and</P>
                <P>(i) Critical threshold levels which should be considered in the formulation of planned alternatives.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.4-5</SECTNO>
                <SUBJECT>Formulation of alternatives.</SUBJECT>

                <P>All reasonable resource management alternatives shall be considered and several complete alternatives developed for detailed study. The alternatives developed shall reflect the variety of issues and guidance applicable to the resource uses. In order to limit the total number of alternatives analyzed in detail to a manageable number for presentation and analysis, all reasonable variations shall be treated as subalternatives. One alternative shall be <PRTPAGE P="19"/>for no action, which means continuation of present level or systems of resource use. The plan shall note any alternatives identified and eliminated from detailed study and shall briefly discuss the reasons for their elimination.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.4-6</SECTNO>
                <SUBJECT>Estimation of effects of alternatives.</SUBJECT>
                <P>The District or Area Manager shall estimate and display the physical, biological, economic, and social effects of implementing each alternative considered in detail. The estimation of effects shall be guided by the planning criteria and procedures implementing the National Environmental Policy Act. The estimate may be stated in terms of probable ranges where effects cannot be precisely determined.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.4-7</SECTNO>
                <SUBJECT>Selection of preferred alternative.</SUBJECT>
                <P>The District or Area Manager shall evaluate the alternatives and the estimation of their effects according to the planning criteria, and develop a preferred alternative which shall best meet Director and State Director guidance. The preferred alternative shall be incorporated into the draft resource management plan and draft environmental impact statement. The resulting draft resource management plan and draft environmental impact statement shall be forwarded to the State Director for approval, publication, and filing with the Environmental Protection Agency. This draft plan and environmental impact statement shall be provided for comment to the Governor of the State involved, and to officials of other Federal agencies, State and local governments and Indian tribes that the State Director has reason to believe would be concerned. This action shall constitute compliance with the requirements of § 3420.1-7 of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.4-8</SECTNO>
                <SUBJECT>Selection of resource management plan.</SUBJECT>
                <P>After publication of the draft resource management plan and draft environmental impact statement, the District Manager shall evaluate the comments received and select and recommend to the State Director, for supervisory review and publication, a proposed resource management plan and final environmental impact statement. After supervisory review of the proposed resource management plan, the State Director shall publish the plan and file the related environmental impact statement.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.4-9</SECTNO>
                <SUBJECT>Monitoring and evaluation.</SUBJECT>
                <P>The proposed plan shall establish intervals and standards, as appropriate, for monitoring and evaluation of the plan. Such intervals and standards shall be based on the sensitivity of the resource to the decisions involved and shall provide for evaluation to determine whether mitigation measures are satisfactory, whether there has been significant change in the related plans of other Federal agencies, State or local governments, or Indian tribes, or whether there is new data of significance to the plan. The District Manager shall be responsible for monitoring and evaluating the plan in accordance with the established intervals and standards and at other times as appropriate to determine whether there is sufficient cause to warrant amendment or revision of the plan.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.5</SECTNO>
                <SUBJECT>Resource management plan approval, use and modification.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.5-1</SECTNO>
                <SUBJECT>Resource management plan approval and administrative review.</SUBJECT>
                <P>(a) The proposed resource management plan or revision shall be submitted by the District Manager to the State Director for supervisory review and approval. When the review is completed the State Director shall either publish the proposed plan and file the related environmental impact statement or return the plan to the District Manager with a written statement of the problems to be resolved before the proposed plan can be published.</P>

                <P>(b) No earlier than 30 days after the Environmental Protection Agency publishes a notice of the filing of the final environmental impact statement in the <E T="04">Federal Register,</E> and pending final action on any protest that may be filed, the State Director shall approve the plan. Approval shall be withheld on any portion of a plan or amendment being protested until final action has <PRTPAGE P="20"/>been completed on such protest. Before such approval is given, there shall be public notice and opportunity for public comment on any significant change made to the proposed plan. The approval shall be documented in a concise public record of the decision, meeting the requirements of regulations for the National Environmental Policy Act of 1969 (40 CFR 1505.2).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.5-2</SECTNO>
                <SUBJECT>Protest procedures.</SUBJECT>
                <P>(a) Any person who participated in the planning process and has an interest which is or may be adversely affected by the approval or amendment of a resource management plan may protest such approval or amendment. A protest may raise only those issues which were submitted for the record during the planning process.</P>

                <P>(1) The protest shall be in writing and shall be filed with the Director. The protest shall be filed within 30 days of the date the Environmental Protection Agency published the notice of receipt of the final environmental impact statement containing the plan or amendment in the <E T="04">Federal Register</E>. For an amendment not requiring the preparation of an environmental impact statement, the protest shall be filed within 30 days of the publication of the notice of its effective date.</P>
                <P>(2) The protest shall contain:</P>
                <P>(i) The name, mailing address, telephone number and interest of the person filing the protest;</P>
                <P>(ii) A statement of the issue or issues being protested;</P>
                <P>(iii) A statement of the part or parts of the plan or amendment being protested;</P>
                <P>(iv) A copy of all documents addressing the issue or issues that were submitted during the planning process by the protesting party or an indication of the date the issue or issues were discussed for the record; and</P>
                <P>(v) A concise statement explaining why the State Director's decision is believed to be wrong.</P>
                <P>(3) The Director shall promptly render a decision on the protest. The decision shall be in writing and shall set forth the reasons for the decision. The decision shall be sent to the protesting party by certified mail, return receipt requested.</P>
                <P>(b) The decision of the Director shall be the final decision of the Department of the Interior.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.5-3</SECTNO>
                <SUBJECT>Conformity and implementation.</SUBJECT>
                <P>(a) All future resource management authorizations and actions, as well as budget or other action proposals to higher levels in the Bureau of Land Management and Department, and subsequent more detailed or specific planning, shall conform to the approved plan.</P>
                <P>(b) After a plan is approved or amended, and if otherwise authorized by law, regulation, contract, permit, cooperative agreement or other instrument of occupancy and use, the District and Area Manager shall take appropriate measures, subject to valid existing rights, to make operations and activities under existing permits, contracts, cooperative agreements or other instruments for occupancy and use, conform to the approved plan or amendment within a reasonable period of time. Any person adversely affected by a specific action being proposed to implement some portion of a resource management plan or amendment may appeal such action pursuant to 43 CFR 4.400 at the time the action is proposed for implementation.</P>
                <P>(c) If a proposed action is not in conformance, and warrants further consideration before a plan revision is scheduled, such consideration shall be through a plan amendment in accordance with the provisions of § 1610.5-5 of this title.</P>
                <P>(d) More detailed and site specific plans for coal, oil shale and tar sand resources shall be prepared in accordance with specific regulations for those resources: Group 3400 of this title for coal; Group 3900 of this title for oil shale; and part 3140 of this title for tar sand. These activity plans shall be in conformance with land use plans prepared and approved under the provisions of this part.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.5-4</SECTNO>
                <SUBJECT>Maintenance.</SUBJECT>

                <P>Resource management plans and supporting components shall be maintained as necessary to reflect minor changes in data. Such maintenance is <PRTPAGE P="21"/>limited to further refining or documenting a previously approved decision incorporated in the plan. Maintenance shall not result in expansion in the scope of resource uses or restrictions, or change the terms, conditions, and decisions of the approved plan. Maintenance is not considered a plan amendment and shall not require the formal public involvement and interagency coordination process described under §§ 1610.2 and 1610.3 of this title or the preparation of an environmental assessment or environmental impact statement. Maintenance shall be documented in plans and supporting records.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.5-5</SECTNO>
                <SUBJECT>Amendment.</SUBJECT>
                <P>A resource management plan may be changed through amendment. An amendment shall be initiated by the need to consider monitoring and evaluation findings, new data, new or revised policy, a change in circumstances or a proposed action that may result in a change in the scope of resource uses or a change in the terms, conditions and decisions of the approved plan. An amendment shall be made through an environmental assessment of the proposed change, or an environmental impact statement, if necessary, public involvement as prescribed in § 1610.2 of this title, interagency coordination and consistency determination as prescribed in § 1610.3 of this title and any other data or analysis that may be appropriate. In all cases, the effect of the amendment on the plan shall be evaluated. If the amendment is being considered in response to a specific proposal, the analysis required for the proposal and for the amendment may occur simultaneously.</P>
                <P>(a) If the environmental assessment does not disclose significant impact, a finding of no significant impact may be made by the District Manager. The District Manager shall then make a recommendation on the amendment to the State Director for approval, and upon approval, the District Manager shall issue a public notice of the action taken on the amendment. If the amendment is approved, it may be implemented 30 days after such notice.</P>
                <P>(b) If a decision is made to prepare an environmental impact statement, the amending process shall follow the same procedure required for the preparation and approval of the plan, but consideration shall be limited to that portion of the plan being considered for amendment. If several plans are being amended simultaneously, a single environmental impact statement may be prepared to cover all amendments.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.5-6</SECTNO>
                <SUBJECT>Revision.</SUBJECT>
                <P>A resource management plan shall be revised as necessary, based on monitoring and evaluation findings (§ 1610.4-9), new data, new or revised policy and changes in circumstances affecting the entire plan or major portions of the plan. Revisions shall comply with all of the requirements of these regulations for preparing and approving an original resource management plan.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.5-7</SECTNO>
                <SUBJECT>Situations where action can be taken based on another agency's plan, or a land use analysis.</SUBJECT>
                <P>These regulations authorize the preparation of a resource management plan for whatever public land interests exist in a given land area. There are situations of mixed ownership where the public land estate is under non-Federal surface, or administration of the land is shared by the Bureau of Land Management with another Federal agency. The District and Area Manager may use the plans or the land use analysis of other agencies when split or shared estate conditions exist in any of the following situations:</P>
                <P>(a) Another agency's plan (Federal, State, or local) may be used as a basis for an action only if it is comprehensive and has considered the public land interest involved in a way comparable to the manner in which it would have been considered in a resource management plan, including the opportunity for public participation.</P>

                <P>(b) After evaluation and review, the Bureau of Land Management may adopt another agency's plan for continued use as a resource management plan if an agreement is reached between the Bureau of Land Management and the other agency to provide for maintenance and amendment of the plan, as necessary, to comply with law and policy applicable to public lands.<PRTPAGE P="22"/>
                </P>
                <P>(c) A land use analysis may be used to consider a coal lease when there is no Federal ownership interest in the surface or when coal resources are insufficient to justify plan preparation costs. The land use analysis process, as authorized by the Federal Coal Leasing Amendments Act, consists of an environmental assessment or impact statement, public participation as required by § 1610.2 of this title, the consultation and consistency determinations required by § 1610.3 of this title, the protest procedure prescribed by § 1610.5-2 of this title and a decision on the coal lease proposal. A land use analysis meets the planning requirements of section 202 of the Federal Land Policy and Management Act. The decision to approve the land use analysis and to lease coal is made by the Departmental official who has been delegated the authority to issue coal leases.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.6</SECTNO>
                <SUBJECT>Management decision review by Congress.</SUBJECT>
                <P>The Federal Land Policy and Management Act requires that any Bureau of Land Management management decision or action pursuant to a management decision which totally eliminates one or more principal or major uses for 2 or more years with respect to a tract of 100,000 acres or more, shall be reported by the Secretary to Congress before it can be implemented. This report shall not be required prior to approval of a resource management plan which, if fully or partially implemented, would result in such an elimination. The required report shall be submitted as the first action step in implementing that portion of a resource management plan which would require elimination of such a use.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.7</SECTNO>
                <SUBJECT>Designation of areas.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.7-1</SECTNO>
                <SUBJECT>Designation of areas unsuitable for surface mining.</SUBJECT>
                <P>(a)(1) The planning process is the chief process by which public land is reviewed to assess whether there are areas unsuitable for all or certain types of surface coal mining operations under section 522(b) of the Surface Mining Control and Reclamation Act. The unsuitability criteria to be applied during the planning process are found in § 3461.1 of this title.</P>
                <P>(2) When petitions to designate land unsuitable under section 522(c) of the Surface Mining Control and Reclamation Act are referred to the Bureau of Land Management for comment, the resource management plan, or plan amendment if available, shall be the basis for review.</P>
                <P>(3) After a resource management plan or plan amendment is approved in which lands are assessed as unsuitable, the District Manager shall take all necessary steps to implement the results of the unsuitability review as it applies to all or certain types of coal mining.</P>
                <P>(b)(1) The resource management planning process is the chief process by which public lands are reviewed for designation as unsuitable for entry or leasing for mining operations for minerals and materials other than coal under section 601 of the Surface Mining Control and Reclamation Act.</P>
                <P>(2) When petitions to designate lands unsuitable under section 601 of the Surface Mining Control and Reclamation Act are received by the Bureau of Land Management, the resource management plan, if available, shall be the basis for determinations for designation.</P>
                <P>(3) After a resource management plan or plan amendment in which lands are designated unsuitable is approved, the District Manager shall take all necessary steps to implement the results of the unsuitability review as it applies to minerals or materials other than coal.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.7-2</SECTNO>
                <SUBJECT>Designation of areas of critical environmental concern.</SUBJECT>
                <P>Areas having potential for Areas of Critical Environmental Concern (ACEC) designation and protection management shall be identified and considered throughout the resource management planning process (see §§ 1610.4-1 through 1610.4-9).</P>

                <P>(a) The inventory data shall be analyzed to determine whether there are areas containing resources, values, systems or processes or hazards eligible <PRTPAGE P="23"/>for further consideration for designation as an ACEC. In order to be a potential ACEC, both of the following criteria shall be met:</P>
                <P>(1) <E T="03">Relevance.</E> There shall be present a significant historic, cultural, or scenic value; a fish or wildlife resource or other natural system or process; or natural hazard.</P>
                <P>(2) <E T="03">Importance.</E> The above described value, resource, system, process, or hazard shall have substantial significance and values. This generally requires qualities of more than local significance and special worth, consequence, meaning, distinctiveness, or cause for concern. A natural hazard can be important if it is a significant threat to human life or property.</P>

                <P>(b) The State Director, upon approval of a draft resource management plan, plan revision, or plan amendment involving ACECs, shall publish a notice in the <E T="04">Federal Register</E> listing each ACEC proposed and specifying the resource use limitations, if any, which would occur if it were formally designated. The notice shall provide a 60-day period for public comment on the proposed ACEC designation. The approval of a resource management plan, plan revision, or plan amendment constitutes formal designation of any ACEC involved. The approved plan shall include the general management practices and uses, including mitigating measures, identified to protect designated ACEC.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1610.8</SECTNO>
                <SUBJECT>Transition period.</SUBJECT>
                <P>(a) Until superseded by resource management plans, management framework plans may be the basis for considering proposed actions as follows:</P>
                <P>(1) The management framework plan shall be in compliance with the principle of multiple use and sustained yield and shall have been developed with public participation and governmental coordination, but not necessarily precisely as prescribed in §§ 1610.2 and 1610.3 of this title.</P>
                <P>(2) No sooner than 30 days after the Environmental Protection Agency publishes a notice of the filing of a final court-ordered environmental impact statement—which is based on a management framework plan—proposed actions may be initiated without any further analysis or processes included in this subpart.</P>
                <P>(3) For proposed actions other than those described in paragraph (a)(2) of this section, determination shall be made by the District or Area Manager whether the proposed action is in conformance with the management framework plan. Such determination shall be in writing and shall explain the reasons for the determination.</P>
                <P>(i) If the proposed action is in conformance, it may be further considered for decision under procedures applicable to that type of action, including requirements of regulations for implementing the procedural provisions of the National Environmental Policy Act in 40 CFR parts 1500-1508.</P>
                <P>(ii) If the proposed action is not in conformance with the management framework plan, and if the proposed action warrants further favorable consideration before a resource management plan is scheduled for preparation, such consideration shall be through a management framework plan amendment using the provisions of § 1610.5-5 of this title.</P>
                <P>(b)(1) If an action is proposed where public lands are not covered by a management framework plan or a resource management plan, an environmental assessment and an environmental impact statement, if necessary, plus any other data and analysis necessary to make an informed decision, shall be used to assess the impacts of the proposal and to provide a basis for a decision on the proposal.</P>
                <P>(2) A land disposal action may be considered before a resource management plan is scheduled for preparation, through a planning analysis, using the process described in § 1610.5-5 of this title for amending a plan.</P>
                <HD SOURCE="HED1">Group 1700—Program Management</HD>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 1780</EAR>
            <HD SOURCE="HED">PART 1780—COOPERATIVE RELATIONS</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 1784—Advisory Committees</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>1784.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <SECTNO>1784.0-2</SECTNO>
                <SUBJECT>Objectives.</SUBJECT>
                <SECTNO>1784.0-3</SECTNO>
                <SUBJECT>Authority.<PRTPAGE P="24"/>
                </SUBJECT>
                <SECTNO>1784.0-4</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
                <SECTNO>1784.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>1784.0-6</SECTNO>
                <SUBJECT>Policy.</SUBJECT>
                <SECTNO>1784.1</SECTNO>
                <SUBJECT>Establishment, duration, termination, and renewal.</SUBJECT>
                <SECTNO>1784.1-1</SECTNO>
                <SUBJECT>Establishment.</SUBJECT>
                <SECTNO>1784.1-2</SECTNO>
                <SUBJECT>Duration, termination, and renewal.</SUBJECT>
                <SECTNO>1784.2</SECTNO>
                <SUBJECT>Composition, avoidance of conflict of interest.</SUBJECT>
                <SECTNO>1784.2-1</SECTNO>
                <SUBJECT>Composition.</SUBJECT>
                <SECTNO>1784.2-2</SECTNO>
                <SUBJECT>Avoidance of conflict of interest.</SUBJECT>
                <SECTNO>1784.3</SECTNO>
                <SUBJECT>Member service.</SUBJECT>
                <SECTNO>1784.4</SECTNO>
                <SUBJECT>Public participation.</SUBJECT>
                <SECTNO>1784.4-1</SECTNO>
                <SUBJECT>Calls for nominations.</SUBJECT>
                <SECTNO>1784.4-2</SECTNO>
                <SUBJECT>Notice of meetings.</SUBJECT>
                <SECTNO>1784.4-3</SECTNO>
                <SUBJECT>Open meetings.</SUBJECT>
                <SECTNO>1784.5</SECTNO>
                <SUBJECT>Operating procedures.</SUBJECT>
                <SECTNO>1784.5-1</SECTNO>
                <SUBJECT>Functions.</SUBJECT>
                <SECTNO>1784.5-2</SECTNO>
                <SUBJECT>Meetings.</SUBJECT>
                <SECTNO>1784.5-3</SECTNO>
                <SUBJECT>Records.</SUBJECT>
                <SECTNO>1784.6</SECTNO>
                <SUBJECT>Membership and functions of resource advisory councils and sub-groups.</SUBJECT>
                <SECTNO>1784.6-1</SECTNO>
                <SUBJECT>Resource advisory councils—requirements.</SUBJECT>
                <SECTNO>1784.6-2</SECTNO>
                <SUBJECT>Resource advisory councils—optional features.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority: </HD>
              <P>5 U.S.C. App. (Federal Advisory Committee Act); 43 U.S.C. 1739.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source: </HD>
              <P>45 FR 8177, Feb. 6, 1980, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart 1784—Advisory Committees</HD>
              <SECTION>
                <SECTNO>§ 1784.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <P>This subpart contains standards and procedures for the creation, operation and termination of advisory committees to advise the Secretary of the Interior and Bureau of Land Management on matters relating to public lands and resources under the administrative jurisdiction of the Bureau of Land Management.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.0-2</SECTNO>
                <SUBJECT>Objectives.</SUBJECT>
                <P>The objective of advisory committees established under these regulations is to make available to the Department of the Interior and Bureau of Land Management the expert counsel of concerned, knowledgeable citizens and public officials regarding both the formulation of operating guidelines and the preparation and execution of plans and programs for the use and management of public lands, their natural and cultural resources, and the environment.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>(a) The Federal Advisory Committee Act (5 U.S.C. Appendix 1) requires establishment of a system governing advisory committees in the Executive Branch of the Federal Government and specifies policies, procedures, and responsibilities for committee creation, management and termination.</P>

                <P>(b) The Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 <E T="03">et seq.</E>), as amended by the Public Rangelands Improvement Act of 1978 (43 U.S.C. 1901 <E T="03">et seq.</E>), requires establishment of advisory councils representative of major citizen interests concerned with resource management planning or the management of public lands.</P>
                <P>(c) Section 2 of the Reorganization Plan No. 3 of 1950 (5 U.S.C. Appendix, as amended; 64 Stat. 1262), authorizes the Secretary of the Interior to make provisions deemed appropriate authorizing the performance by any other officer, or by any agency or employee or the Department of the Interior of any Departmental function. The establishment of advisory committees is deemed an appropriate action.</P>
                <CITA>[45 FR 8177, Feb. 6, 1980, as amended at 51 FR 39529, Oct. 29, 1986]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.0-4</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>As used in this subpart, the term:</P>
                <P>(a) <E T="03">Advisory committee</E> means any committee, council, or board established or utilized for purposes of obtaining advice or recommendations.</P>
                <P>(b) <E T="03">Secretary</E> means Secretary of the Interior.</P>
                <P>(c) <E T="03">Director</E> means the Director of the Bureau of Land Management.</P>
                <P>(d) <E T="03">Designated Federal officer</E> means the Federal officer or employee designated by an advisory committee charter who approves meeting agendas and attends all meetings of the committee and its subcommittees, if any.</P>
                <P>(e) <E T="03">Public lands</E> means any lands and interest in lands owned by the United States administered by the Secretary of the Interior through the Bureau of Land Management, except:</P>

                <P>(1) Lands located on the Outer Continental Shelf; and<PRTPAGE P="25"/>
                </P>
                <P>(2) Lands held for the benefit of Indians, Aleuts, and Eskimos.</P>
                <CITA>[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.0-6</SECTNO>
                <SUBJECT>Policy.</SUBJECT>
                <P>As part of the Department's program for public participation, it is the policy of the Secretary to establish and employ committees representative of major citizens’ interests, or where required by law, of special citizen interests, to advise the Secretary and Director regarding policy formulation, program planning, decisionmaking, attainment of program objectives, and achievement of improved program coordination and economies in the management of public lands and resources; to regularly ensure that such committees are being optimally employed; and to limit the number of advisory committees to that essential to the conduct of the public's business.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.1</SECTNO>
                <SUBJECT>Establishment, duration, termination, and renewal.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.1-1</SECTNO>
                <SUBJECT>Establishment.</SUBJECT>
                <P>(a) An advisory committee required by statute is established or renewed upon the filing of a charter, signed by the Secretary, with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives.</P>
                <P>(b) An advisory committee not specifically required by statute shall be established only when the Secretary has—</P>
                <P>(1) Determined as a matter of formal record, after consultation with the General Services Administration, that establishment of the committee is in the public interest in connection with duties required of the Department of the Interior by law;</P>
                <P>(2) Signed and filed the committee charter; and</P>
                <P>(3) Published in the <E T="04">Federal Register</E> a notice of his determination and of the establishment of the committee.</P>
                <P>(c) An advisory committee shall not meet or take any action until the Committee's charter has been signed by the Secretary and copies filed with the appropriate committees of the Senate and House of Representatives and the Library of Congress.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.1-2</SECTNO>
                <SUBJECT>Duration, termination, and renewal.</SUBJECT>
                <P>(a) An advisory committee not mandated by statute, i.e., established at the discretion of the Secretary, shall terminate not later than 2 years after its establishment unless, prior to that time, it is rechartered by the Secretary and copies of the new charter are filed with the appropriate committees of the Senate and House of Representatives. Any committee so renewed shall continue for not more than 2 additional years unless, prior to expiration of such period, it is again rechartered.</P>
                <P>(b) Any advisory committee mandated by statute shall terminate not later than 2 years after the date of its establishment unless its duration is otherwise provided by law. Upon the expiration of each successive two-year period following date of establishment, a new charter shall be prepared and, after Secretarial approval, filed with the appropriate committees of the Senate and House of Representatives for any statutory advisory committee being continued.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.2</SECTNO>
                <SUBJECT>Composition, avoidance of conflict of interest.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.2-1</SECTNO>
                <SUBJECT>Composition.</SUBJECT>
                <P>(a) Each advisory committee shall be structured to provide fair membership balance, both geographic and interest-specific, in terms of the functions to be performed and points of view to be represented, as prescribed by its charter. Each shall be formed with the objective of providing representative counsel and advice about public land and resource planning, retention, management and disposal. No person is to be denied an opportunity to serve because of race, age, sex, religion or national origin.</P>

                <P>(b) Individuals shall qualify to serve on an advisory committee because their education, training, or experience enables them to give informed and objective advice regarding an industry, discipline, or interest specified in the committee's charter; they have demonstrated experience or knowledge of <PRTPAGE P="26"/>the geographical area under the purview of the advisory committee; and they have demonstrated a commitment to collaborate in seeking solutions to resource management issues.</P>
                <CITA>[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.2-2</SECTNO>
                <SUBJECT>Avoidance of conflict of interest.</SUBJECT>
                <P>(a) Persons or employees of organizations who hold leases, licenses, permits, contracts or claims which involve lands or resources administered by the Bureau of Land Management normally shall not serve on advisory committees except—</P>
                <P>(1) Holders of grazing permits and leases may serve on advisory committees, including resource advisory councils, and may serve on subgroups of such advisory councils;</P>
                <P>(2) That the lack of candidates make them the only available candidates; or</P>
                <P>(3) When they have special knowledge or experience which is needed to accomplish the committee functions to be performed.</P>
                <P>(b) No advisory committee members, including members of resource advisory councils, and no members of subgroups of such advisory committees, shall participate in any matter in which the members have a direct interest.</P>
                <P>(c) Members of advisory committees shall be required to disclose their direct or indirect interest in leases, licenses, permits, contracts, or claims and related litigation which involve lands or resources administered by the Bureau of Land Management. For the purposes of this paragraph, indirect interest includes holdings of a spouse or a dependent child.</P>
                <CITA>[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.3</SECTNO>
                <SUBJECT>Member service.</SUBJECT>
                <P>(a) Appointments to advisory committees shall be for 2-year terms unless otherwise specified in the charter or the appointing document. Terms of service normally coincide with duration of the committee charter. Members may be appointed to additional terms at the discretion of the authorized appointing official.</P>
                <P>(1) The term of the member of a council who has been appointed on the basis of his status as an elected official of general purpose government serving the people of the geographical area for which the council is established shall end upon that person's departure from such elective office if such departure occurs before his or her term of appointment or reappointment to the council would otherwise expire. However, the Secretary, in his discretion, may permit the member to complete the term in another vacant position on the council, provided that the member is qualified to represent one of the other categories of major citizens’ interests set forth in the charter of the council;</P>
                <P>(2) A vacancy occurring by reason of removal, resignation, death, or departure from elective office shall be filled for the balance of the vacating member's term using the same method by which the original appointment was made;</P>
                <P>(b) Committee members advise and report only to the official(s) specified in the charter. Service as an advisor, however, does not limit the rights of a member acting as a private citizen or as a member or official of another organization.</P>
                <P>(c) The Secretary or the designated Federal officer may, after written notice, terminate the service of an advisor if, in the judgment of the Secretary or the designated Federal officer, such removal is in the public interest, or if the advisor—</P>
                <P>(1) No longer meets the requirements under which elected or appointed;</P>
                <P>(2) Fails or is unable to participate regularly in committee work; or</P>
                <P>(3) Has violated Federal law or the regulations of the Secretary.</P>

                <P>(d) For purposes of compensation, members of advisory committees shall be reimbursed for travel and per diem expenses when on advisory committee business, as authorized by 5 U.S.C. 5703. No reimbursement shall be made for expenses incurred by members of subgroups selected by established committees, except that the designated Federal officer may reimburse travel and <PRTPAGE P="27"/>per diem expenses to members of subgroups who are also members of the parent committee.</P>
                <CITA>[45 FR 8177, Feb. 6, 1980, as amended at 47 FR 6429, Feb. 12, 1982; 47 FR 34389, Aug. 9, 1982; 51 FR 39529, Oct. 29, 1986; 52 FR 5284, Feb. 20, 1987; 60 FR 9958, Feb. 22, 1995]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.4</SECTNO>
                <SUBJECT>Public participation.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.4-1</SECTNO>
                <SUBJECT>Calls for nominations.</SUBJECT>

                <P>Except where otherwise provided, candidates for appointment to advisory committees are sought through public calls for public nominations. Such calls shall be published in the <E T="04">Federal Register</E> and are made through media releases and systematic contacts with individuals and organizations interested in the use and management of public lands and resources.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.4-2</SECTNO>
                <SUBJECT>Notice of meetings.</SUBJECT>

                <P>(a) Notices of meetings of advisory committees and any subcommittees that may be formed shall be published in the <E T="04">Federal Register</E> and distributed to the media 30 days in advance of a meeting. However, if urgent matters arise, notices of meetings of advisory committees and any subcommittees shall be published in the <E T="04">Federal Register</E> and distributed to the media at least 15 days in advance of a meeting.</P>
                <P>(b) Notices shall set forth meeting locations, topics or issues to be discussed, and times and places for the public to be heard.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.4-3</SECTNO>
                <SUBJECT>Open meetings.</SUBJECT>
                <P>(a) All advisory committee and subcommittee meetings and associated field examinations shall be open to the public and news media.</P>
                <P>(b) Anyone may appear before or file a statement with a committee or subcommittee regarding matters on a meeting agenda.</P>
                <P>(c) The scheduling of meetings and the preparation of agendas shall be done in a manner that will encourage and facilitate public attendance and participation. The amount of time scheduled for public presentations and meeting times may be extended when the authorized representative considers it necessary to accommodate all who seek to be heard regarding matters on the agenda.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.5</SECTNO>
                <SUBJECT>Operating procedures.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.5-1</SECTNO>
                <SUBJECT>Functions.</SUBJECT>
                <P>The function of an advisory committee is solely advisory, and recommendations shall be made only to the authorized representative specified in its charter. Determinations of actions to be taken on the reports and recommendations of a committee shall be made only by the Secretary or the designated Federal officer.</P>
                <CITA>[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.5-2</SECTNO>
                <SUBJECT>Meetings.</SUBJECT>
                <P>(a) Advisory committees shall meet only at the call of the Secretary or the designated Federal officer.</P>
                <P>(b) No meeting shall be held in the absence of the Secretary or the designated Federal officer.</P>
                <P>(c) Each meeting shall be conducted with close adherence to an agenda which has been approved in advance by the authorized representative.</P>
                <P>(d) The authorized representative may adjourn an advisory committee meeting at any time when—</P>
                <P>(1) Continuance would be inconsistent with either the purpose for which the meeting was called or the established rules for its conduct; or</P>
                <P>(2) Adjournment is determined to be in the public interest.</P>
                <CITA>[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.5-3</SECTNO>
                <SUBJECT>Records.</SUBJECT>
                <P>(a) Detailed records shall be kept of each meeting of an advisory committee and any subcommittees that may be formed. These records shall include as a minimum—</P>
                <P>(1) The time and place of the meeting;</P>
                <P>(2) Copies of the <E T="04">Federal Register</E> and other public notices announcing the meeting;</P>
                <P>(3) A list of advisors and Department or Bureau employees present;</P>
                <P>(4) A list of members of the public present and who each represented;</P>
                <P>(5) The meeting agenda;</P>

                <P>(6) A complete and accurate summary description of matters discussed and conclusions reached;<PRTPAGE P="28"/>
                </P>
                <P>(7) A list of recommendations made by the advisory committee;</P>
                <P>(8) Copies of all reports received, issued, or approved by the Committee or subcommittee; and</P>
                <P>(9) A description of the nature of public participation. The Chairperson of the advisory committee shall certify to the accuracy of meeting records.</P>
                <P>(b) All records, reports, transcripts, minutes, recommendations, studies, working papers, and other documents prepared by or submitted to an advisory committee shall be available for public inspection and copying in the Bureau of Land Management office responsible for support of that committee. Upon request, copies shall be provided at the cost of duplication as established by the regulations in 43 CFR part 2 (Appendix A).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.6</SECTNO>
                <SUBJECT>Membership and functions of resource advisory councils and sub-groups.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.6-1</SECTNO>
                <SUBJECT>Resource advisory councils—requirements.</SUBJECT>
                <P>(a) Resource advisory councils shall be established to cover all lands administered by the Bureau of Land Management, except where—</P>
                <P>(1) There is insufficient interest in participation to ensure that membership can be fairly balanced in terms of the points of view represented and the functions to be performed; or</P>
                <P>(2) The location of the public lands with respect to the population of users and other interested parties precludes effective participation.</P>
                <P>(b) A resource advisory council advises the Bureau of Land Management official to whom it reports regarding the preparation, amendment and implementation of land use plans for public lands and resources within its area. Except for the purposes of long-range planning and the establishment of resource management priorities, a resource advisory council shall not provide advice on the allocation and expenditure of funds. A resource advisory council shall not provide advice regarding personnel actions.</P>
                <P>(c) The Secretary shall appoint the members of each resource advisory council. The Secretary shall appoint at least 1 elected official of general purpose government serving the people of the area to each council. An individual may not serve concurrently on more than 1 resource advisory council. Council members and members of a rangeland resource team or other local general purpose subgroup must reside in 1 of the States within the geographic jurisdiction of the council or subgroup, respectively. Council members and members of general purpose subgroups shall be representative of the interests of the following 3 general groups:</P>
                <P>(1) Persons who—</P>
                <P>(i) Hold Federal grazing permits or leases within the area for which the council is organized;</P>
                <P>(ii) Represent interests associated with transportation or rights-of-way;</P>
                <P>(iii) Represent developed outdoor recreation, off-highway vehicle users, or commercial recreation activities;</P>
                <P>(iv) Represent the commercial timber industry; or</P>
                <P>(v) Represent energy and mineral development.</P>
                <P>(2) Persons representing—</P>
                <P>(i) Nationally or regionally recognized environmental organizations;</P>
                <P>(ii) Dispersed recreational activities;</P>
                <P>(iii) Archeological and historical interests; or</P>
                <P>(iv) Nationally or regionally recognized wild horse and burro interest groups.</P>
                <P>(3) Persons who—</P>
                <P>(i) Hold State, county or local elected office;</P>
                <P>(ii) Are employed by a State agency responsible for management of natural resources, land, or water;</P>
                <P>(iii) Represent Indian tribes within or adjacent to the area for which the council is organized;</P>
                <P>(iv) Are employed as academicians in natural resource management or the natural sciences; or</P>
                <P>(v) Represent the affected public-at-large.</P>
                <P>(d) In appointing members of a resource advisory council from the 3 categories set forth in paragraphs (c)(1), (c)(2), and (c)(3) of this section, the Secretary shall provide for balanced and broad representation from within each category.</P>

                <P>(e) In making appointments to resource advisory councils the Secretary shall consider nominations made by <PRTPAGE P="29"/>the Governor of the State or States affected and nominations received in response to public calls for nominations pursuant to § 1784.4-1. Persons interested in serving on resource advisory councils may nominate themselves. All nominations shall be accompanied by letters of reference from interests or organizations to be represented.</P>
                <P>(f) Persons appointed to resource advisory councils shall attend a course of instruction in the management of rangeland ecosystems that has been approved by the Bureau of Land Management State Director.</P>
                <P>(g) A resource advisory council shall meet at the call of the designated Federal officer and elect its own officers. The designated Federal officer shall attend all meetings of the council.</P>
                <P>(h) Council charters must include rules defining a quorum and establishing procedures for sending recommendations forward to BLM. A quorum of council members must be present to constitute an official meeting of the council. Formal recommendations shall require agreement of at least a majority of each of the 3 categories of interest from which appointments are made.</P>
                <P>(i) Where the resource advisory council becomes concerned that its advice is being arbitrarily disregarded, the council may request that the Secretary respond directly to such concerns within 60 days of receipt. Such a request can be made only upon the agreement of all council members. The Secretary's response shall not constitute a decision on the merits of any issue that is or might become the subject of an administrative appeal, and shall not be appealable.</P>
                <P>(j) Administrative support for a resource advisory council shall be provided by the office of the designated Federal officer.</P>
                <CITA>[60 FR 9958, Feb. 22, 1995]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1784.6-2</SECTNO>
                <SUBJECT>Resource advisory councils—optional features.</SUBJECT>
                <P>(a) Resource advisory councils must be established consistent with any 1 of the 3 models in paragraphs (a)(1), (a)(2), and (a)(3) of this section. The model type and boundaries for resource advisory councils shall be established by the BLM State Director(s) in consultation with the Governors of the affected States and other interested parties.</P>
                <HD SOURCE="HD2">(1) Model A</HD>
                <P>(i) <E T="03">Council jurisdiction.</E> The geographic jurisdiction of a council shall coincide with BLM District or ecoregion boundaries. The Governor of the affected States or existing resource advisory councils may petition the Secretary to establish a resource advisory council for a specified Bureau of Land Management resource area. The councils will provide advice to the Bureau of Land Management official to whom they report regarding the preparation, amendment and implementation of land use plans. The councils will also assist in establishing other long-range plans and resource management priorities in an advisory capacity, including providing advice on the development of plans for range improvement or development programs.</P>
                <P>(ii) <E T="03">Membership.</E> Each council shall have 15 members, distributed equally among the 3 interest groups specified in § 1784.6-1(c).</P>
                <P>(iii) <E T="03">Quorum and voting requirements.</E> At least 3 council members from each of the 3 categories of interest from which appointments are made pursuant to § 1784.6-1(c) must be present to constitute an official meeting of the council. Formal recommendations shall require agreement of at least 3 council members from each of the 3 categories of interest from which appointments are made.</P>
                <P>(iv) <E T="03">Subgroups.</E> Local rangeland resource teams may be formed within the geographical area for which a resource advisory council provides advice, down to the level of a single allotment. These teams may be formed by a resource advisory council on its own motion or in response to a petition by local citizens. Rangeland resource teams will be formed for the purpose of providing local level input to the resource advisory council regarding issues pertaining to the administration of grazing on public land within the area for which the rangeland resource team is formed.</P>

                <P>(A) Rangeland resource teams will consist of 5 members selected by the resource advisory council. Membership will include 2 persons holding Federal <PRTPAGE P="30"/>grazing permits or leases. Additional members will include 1 person representing the public-at-large, 1 person representing a nationally or regionally recognized environmental organization, and 1 person representing national, regional, or local wildlife or recreation interests. Persons selected by the council to represent the public-at-large, environmental, and wildlife or recreation interests may not hold Federal grazing permits or leases. At least 1 member must be selected from the membership of the resource advisory council.</P>
                <P>(B) The resource advisory council will be required to select rangeland resource team members from nominees who qualify by virtue of their knowledge or experience of the lands, resources, and communities that fall within the area for which the team is formed. All nominations must be accompanied by letters of recommendation from the groups or interests to be represented.</P>
                <P>(C) All members of rangeland resource teams will attend a course of instruction in the management of rangeland ecosystems that has been approved by the BLM State Director. Rangeland resource teams will have opportunities to raise any matter of concern with the resource advisory council and to request that BLM form a technical review team, as described below, to provide information and options to the council for their consideration.</P>
                <P>(D) Technical review teams can be formed by the BLM authorized officer on the motion of BLM or in response to a request by the resource advisory council or a rangeland resource team. The purpose of such teams is to gather and analyze data and develop recommendations to aid the decisionmaking process, and functions will be limited to tasks assigned by the authorized officer. Membership will be limited to Federal employees and paid consultants. Members will be selected based upon their knowledge of resource management or their familiarity with the specific issues for which the technical review team has been formed. Technical review teams will terminate upon completion of the assigned task.</P>
                <HD SOURCE="HD2">(2) Model B</HD>
                <P>(i) <E T="03">Council jurisdiction.</E> The jurisdiction of the council shall be Statewide, or on an ecoregion basis. The purpose of the council is to promote federal, state, and local cooperation in the management of natural resources on public lands, and to coordinate the development of sound resource management plans and activities with other states. It will provide an opportunity for meaningful public participation in land management decisions at the state level and will foster conflict resolution through open dialogue and collaboration.</P>
                <P>(ii) <E T="03">Membership.</E> The council shall have 15 members, distributed equally among the 3 interest groups specified in § 1784.6-1(c), and will include at least one representative from wildlife interest groups, grazing interests, minerals and energy interests, and established environmental/conservation interests. The Governor shall chair the council.</P>
                <P>(iii) <E T="03">Quorum and voting requirements.</E> The charter of the council shall specify that 80% or 12 members must be present to constitute a quorum and conduct official business, and that 80% or 12 members of the council must vote affirmatively to refer an issue to BLM Federal officer.</P>
                <P>(iv) <E T="03">Subgroups.</E> Local rangeland resource teams may be formed by the Statewide council, down to the level of a 4th order watershed. Rangeland resource teams will be formed for the purpose of providing local level input to the resource advisory council. They will meet at least quarterly and will promote a decentralized administrative approach, encourage good stewardship, emphasize coordination and cooperation among agencies, permittees and the interested public, develop proposed solutions and management plans for local resources on public lands, promote renewable rangeland resource values, develop proposed standards to address sustainable resource uses and rangeland health, address renewable rangeland resource values, propose and participate in the development of area-specific National Environmental Policy Act documents, and develop range and wildlife education and training programs. As with the resource advisory council, an 80% affirmative vote <PRTPAGE P="31"/>will be required to send a recommendation to the resource advisory council.</P>
                <P>(A) Rangeland resource teams will not exceed 10 members and will include at least 2 persons from environmental or wildlife groups, 2 grazing permittees, 1 elected official, 1 game and fish district representative, 2 members of the public or other interest groups, and a Federal officer from BLM. Members will be appointed for 2 year terms by the resource advisory council and may be reappointed. No member may serve on more than 1 rangeland resource team.</P>
                <P>(B) Technical review teams can be formed by the BLM authorized officer on the motion of BLM or in response to a request by the resource advisory council or a rangeland resource team. The purpose of such teams is to gather and analyze data and develop recommendations to aid the decisionmaking process, and functions will be limited to tasks assigned by the authorized officer. Membership will be limited to Federal employees and paid consultants. Members will be selected based upon their knowledge of resource management or their familiarity with the specific issues for which the technical review team has been formed. Technical review teams will terminate upon completion of the assigned task.</P>
                <HD SOURCE="HD2">(3) Model C</HD>
                <P>(i) <E T="03">Council jurisdiction.</E> The jurisdiction of the council shall be on the basis of ecoregion, State, or BLM district boundaries.</P>
                <P>(ii) <E T="03">Membership.</E> Membership of the council shall be 10 to 15 members, distributed in a balanced fashion among the 3 interest groups defined in § 1784.6-1(c).</P>
                <P>(iii) <E T="03">Quorum and voting requirements.</E> The charter of each council shall specify that a majority of each interest group must be present to constitute a quorum and conduct official business, and that a majority of each interest group must vote affirmatively to refer an issue to BLM Federal officer.</P>
                <P>(iv) <E T="03">Subgroups.</E> Resource advisory councils may form more local teams to provide general local level input to the resource advisory council on issues necessary to the successful functioning of the council. Such subgroups can be formed in response to a petition from local citizens or on the motion of the resource advisory council. Membership in any subgroup formed for the purpose of providing general input to the resource advisory council on grazing administration should be constituted in accordance with provisions for membership in § 1784.6-1(c).</P>
                <P>(A) Technical review teams can be formed by the BLM authorized officer on the motion of BLM or in response to a request by the resource advisory council or a local team. The purpose of such technical review teams is to gather and analyze data and develop recommendations to aid the decisionmaking process, and functions will be limited to tasks assigned by the authorized officer. Membership will be limited to Federal employees and paid consultants. Members will be selected based upon their knowledge of resource management or their familiarity with the specific issues for which the technical review team has been formed. Technical review teams will terminate upon completion of the assigned task.</P>
                <P>(B) [Reserved]</P>
                <CITA>[60 FR 9959, Feb. 22, 1995]</CITA>
                <HD SOURCE="HED1">Group 1800—Public Administrative Procedures</HD>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 1810</EAR>
            <HD SOURCE="HED">PART 1810—INTRODUCTION AND GENERAL GUIDANCE</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 1810—General Rules</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>1810.1</SECTNO>
                <SUBJECT>Rules of construction; words and phrases.</SUBJECT>
                <SECTNO>1810.2</SECTNO>
                <SUBJECT>Communications by mail; when mailing requirements are met.</SUBJECT>
                <SECTNO>1810.3</SECTNO>
                <SUBJECT>Effect of laches; authority to bind government.</SUBJECT>
                <SECTNO>1810.4</SECTNO>
                <SUBJECT>Information required by forms.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 1812—Qualifications of Practitioners</HD>
                <SECTNO>1812.1</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <SECTNO>1812.1-1</SECTNO>
                <SUBJECT>Regulations governing practice before the Department.</SUBJECT>
                <SECTNO>1812.1-2</SECTNO>
                <SUBJECT>Inquiries.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 1815—Disaster Relief</HD>
                <SECTNO>1815.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>1815.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>1815.1</SECTNO>
                <SUBJECT>Timber sale contracts.<PRTPAGE P="32"/>
                </SUBJECT>
                <SECTNO>1815.1-1</SECTNO>
                <SUBJECT>Relief granted.</SUBJECT>
                <SECTNO>1815.1-2</SECTNO>
                <SUBJECT>Applications.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority: </HD>
              <P>43 U.S.C. 1740.</P>
            </AUTH>
            <SUBPART>
              <HD SOURCE="HED">Subpart 1810—General Rules</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9513, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 1810.1</SECTNO>
                <SUBJECT>Rules of construction; words and phrases.</SUBJECT>
                <P>Except where the context of the regulation or of the Act of the Congress on which it is based, indicates otherwise, when used in the regulations of this chapter:</P>
                <P>(a) Words importing the singular include and apply to the plural also;</P>
                <P>(b) Words importing the plural include the singular;</P>
                <P>(c) Words importing the masculine gender include the feminine as well;</P>
                <P>(d) Words used in the present tense include the future as well as the present;</P>
                <P>(e) The words <E T="03">person</E> and <E T="03">whoever</E> include corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals;</P>
                <P>(f) <E T="03">Officer</E> and <E T="03">authorized officer</E> include any person authorized by law or by lawful delegation of authority to perform the duties described;</P>
                <P>(g) <E T="03">Signature</E> or <E T="03">subscription</E> includes a mark when the person making the same intended it as such;</P>
                <P>(h) <E T="03">Oath</E> includes <E T="03">affirmation</E>, and <E T="03">sworn</E> includes <E T="03">affirmed</E>;</P>
                <P>(i) <E T="03">Writing</E> includes printing and typewriting as well as holographs, and <E T="03">copies</E> include all types of reproductions on paper, including photographs, multigraphs, mimeographs and manifolds;</P>
                <P>(j) The word <E T="03">company</E> or <E T="03">association</E>, when used in reference to a corporation, shall be deemed to embrace the words <E T="03">successors and assigns of such company or association</E>, in like manner as if these last-named words, or words of similar import, were expressed.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1810.2</SECTNO>
                <SUBJECT>Communications by mail; when mailing requirements are met.</SUBJECT>
                <P>(a) Where the regulations in this chapter provide for communication by mail by the authorized officer, the requirement for mailing is met when the communication, addressed to the addressee at his last address of record in the appropriate office of the Bureau of Land Management, is deposited in the mail.</P>
                <P>(b) Where the authorized officer uses the mails to send a notice or other communication to any person entitled to such a communication under the regulations of this chapter, that person will be deemed to have received the communication if it was delivered to his last address of record in the appropriate office of the Bureau of Land Management, regardless of whether it was in fact received by him. An offer of delivery which cannot be consummated at such last address of record because the addressee had moved therefrom without leaving a forwarding address or because delivery was refused or because no such address exists will meet the requirements of this section where the attempt to deliver is substantiated by post office authorities.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1810.3</SECTNO>
                <SUBJECT>Effect of laches; authority to bind government.</SUBJECT>
                <P>(a) The authority of the United States to enforce a public right or protect a public interest is not vitiated or lost by acquiescence of its officers or agents, or by their laches, neglect of duty, failure to act, or delays in the performance of their duties.</P>
                <P>(b) The United States is not bound or estopped by the acts of its officers or agents when they enter into an arrangement or agreement to do or cause to be done what the law does not sanction or permit.</P>
                <P>(c) Reliance upon information or opinion of any officer, agent or employee or on records maintained by land offices cannot operate to vest any right not authorized by law.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1810.4</SECTNO>
                <SUBJECT>Information required by forms.</SUBJECT>
                <P>Whenever a regulation in this chapter requires a form approved or prescribed by the Director of the Bureau of Land Management, the Director may in that form require the submission of any information which he considers to be necessary for the effective administration of that regulation.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <PRTPAGE P="33"/>
              <HD SOURCE="HED">Subpart 1812—Qualifications of Practitioners</HD>
              <SECTION>
                <SECTNO>§ 1812.1</SECTNO>
                <SUBJECT>General.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1812.1-1</SECTNO>
                <SUBJECT>Regulations governing practice before the Department.</SUBJECT>
                <P>Every individual who wishes to practice before the Department of the Interior, including the Bureau, must comply with the requirements of part 1 of this title.</P>
                <CITA>[35 FR 9513, June 13, 1970]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1812.1-2</SECTNO>
                <SUBJECT>Inquiries.</SUBJECT>
                <P>No person other than officers or employees of the Department of the Interior shall direct any inquiry to any employee of the Bureau with respect to any matter pending before it other than to the head of the unit in which the matter is pending, to a superior officer, or to an employee of the unit authorized by the unit head to answer inquiries.</P>
                <CITA>[35 FR 9513, June 13, 1970]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 1815—Disaster Relief</HD>
              <AUTH>
                <HD SOURCE="HED">Authority: </HD>
                <P>Sec. 242 (a), (b), Disaster Relief Act of 1970, 84 Stat. 1744.</P>
              </AUTH>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>36 FR 15534, Aug. 17, 1971, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 1815.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>Disaster Relief Act of 1970 (84 Stat. 1744).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1815.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>
                  <E T="03">Major disaster</E> means any hurricane, tornado, storm, flood, high water, winddriven water, tidal wave, earthquake, drought, fire, or other catastrophe in any part of the United States, which, in the determination of the President, is or threatens to be of sufficient severity and magnitude to warrant disaster assistance by the Federal Government to supplement the efforts and available resources of States, local governments, and relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby, and with respect to which the Governor of any State in which such catastrophe occurs or threatens to occur certifies the need for Federal disaster assistance and gives assurance of the expenditure of a reasonable amount of the funds of such State, its local governments, or other agencies for alleviating the damage, loss, hardship or suffering resulting from such catastrophe.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1815.1</SECTNO>
                <SUBJECT>Timber sale contracts.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1815.1-1</SECTNO>
                <SUBJECT>Relief granted.</SUBJECT>
                <P>(a) Where an existing timber sale contract does not provide relief to the timber purchaser from major physical change, not due to negligence of the purchaser, prior to approval of construction of any section of specified road or other specified development facility and, as a result of a major disaster, a major physical change results in additional construction work in connection therewith, the United States will bear a share of the increased construction costs. The United States’ share will be determined by the authorized officer as follows:</P>
                <P>(1) For sales of less than 1 million board feet, costs over $1,000;</P>
                <P>(2) For sales of from 1 to 3 million board feet, costs over the sum of $1 per thousand board feet;</P>
                <P>(3) For sales of over 3 million board feet, costs over $3,000.</P>
                <P>(b) Where the authorized officer determines that the damages caused by such major physical change are so great that restoration, reconstruction, or construction is not practical under this cost-sharing arrangement, he may cancel the timber sale contract notwithstanding any provisions thereof.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1815.1-2</SECTNO>
                <SUBJECT>Applications.</SUBJECT>
                <P>(a) <E T="03">Place of filing.</E> The application for relief shall be filed in the office which issued the contract.</P>
                <P>(b) <E T="03">Form of application.</E> No special form of application is necessary.</P>
                <P>(c) <E T="03">Contents of application.</E> (1) The date of issuance of the contract and any identification number.</P>
                <P>(2) The particular disaster and its effect upon contract performance.</P>
                <P>(3) An estimate of the damages suffered.</P>
                <P>(4) A statement of the relief requested.</P>
                <P>(5) An estimate of time which will be needed to overcome the delay in performance caused by the disaster.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <PRTPAGE P="34"/>
            <EAR>Pt. 1820</EAR>
            <HD SOURCE="HED">PART 1820—APPLICATION PROCEDURES</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 1821—General Information</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>1821.10</SECTNO>
                <SUBJECT>Where are BLM offices located?</SUBJECT>
                <SECTNO>1821.11</SECTNO>
                <SUBJECT>During what hours may I file an application?</SUBJECT>
                <SECTNO>1821.12</SECTNO>
                <SUBJECT>Are these the only regulations that will apply to my application or other required document?</SUBJECT>
                <SECTNO>1821.13</SECTNO>
                <SUBJECT>What if the specific program regulations conflict with these regulations?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 1822—Filing a Document with BLM</HD>
                <SECTNO>1822.10</SECTNO>
                <SUBJECT>How should my name appear on applications and other required documents that I submit to BLM?</SUBJECT>
                <SECTNO>1822.11</SECTNO>
                <SUBJECT>What must I do to make an official filing with BLM?</SUBJECT>
                <SECTNO>1822.12</SECTNO>
                <SUBJECT>Where do I file my application or other required documents?</SUBJECT>
                <SECTNO>1822.13</SECTNO>
                <SUBJECT>May I file electronically?</SUBJECT>
                <SECTNO>1822.14</SECTNO>
                <SUBJECT>What if I try to file a required document on the last day of the stated period for filing, but the BLM office where it is to be filed is officially closed all day?</SUBJECT>
                <SECTNO>1822.15</SECTNO>
                <SUBJECT>If I miss filing a required document or payment within the specified period, can BLM consider it timely filed anyway?</SUBJECT>
                <SECTNO>1822.16</SECTNO>
                <SUBJECT>Where do I file an application that involves lands under the jurisdiction of more than one BLM State Office?</SUBJECT>
                <SECTNO>1822.17</SECTNO>
                <SUBJECT>When are documents considered filed simultaneously?</SUBJECT>
                <SECTNO>1822.18</SECTNO>
                <SUBJECT>How does BLM decide in which order to accept documents that are simultaneously filed?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 1823—Payments and Refunds</HD>
                <SECTNO>1823.10</SECTNO>
                <SUBJECT>How may I make my payments to BLM?</SUBJECT>
                <SECTNO>1823.11</SECTNO>
                <SUBJECT>What is the authority for BLM issuing a refund of a payment?</SUBJECT>
                <SECTNO>1823.12</SECTNO>
                <SUBJECT>When and how may I obtain a refund?</SUBJECT>
                <SECTNO>1823.13</SECTNO>
                <SUBJECT>Is additional documentation needed when a third party requests a refund?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 1824—Publication and Posting of Notices</HD>
                <SECTNO>1824.10</SECTNO>
                <SUBJECT>What is a publication?</SUBJECT>
                <SECTNO>1824.11</SECTNO>
                <SUBJECT>How does BLM choose a newspaper in which to publish a notice?</SUBJECT>
                <SECTNO>1824.12</SECTNO>
                <SUBJECT>How many times must BLM publish a notice?</SUBJECT>
                <SECTNO>1824.13</SECTNO>
                <SUBJECT>Who pays for publication?</SUBJECT>
                <SECTNO>1824.14</SECTNO>
                <SUBJECT>Does the claimant or applicant pay for an error by the printer of the paper in which the notice appears?</SUBJECT>
                <SECTNO>1824.15</SECTNO>
                <SUBJECT>What does it mean to post a notice?</SUBJECT>
                <SECTNO>1824.16</SECTNO>
                <SUBJECT>Why must I post a notice?</SUBJECT>
                <SECTNO>1824.17</SECTNO>
                <SUBJECT>If I must post a notice on the land, what are the requirements?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 1825—Relinquishments</HD>
                <SECTNO>1825.10</SECTNO>
                <SUBJECT>If I relinquish my interest (such as a claim or lease) in public lands, am I relieved of all further responsibility associated with that interest?</SUBJECT>
                <SECTNO>1825.11</SECTNO>
                <SUBJECT>When are relinquishments effective?</SUBJECT>
                <SECTNO>1825.12</SECTNO>
                <SUBJECT>When does relinquished land become available again for other application or appropriation?</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>5 U.S.C. 552, 43 U.S.C. 2, 1201, 1733, and 1740.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>64 FR 53215, Oct. 1, 1999, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart 1821—General Information</HD>
              <SECTION>
                <SECTNO>§ 1821.10</SECTNO>
                <SUBJECT>Where are BLM offices located?</SUBJECT>

                <P>(a) In addition to the Headquarters Office in Washington, D.C. and seven national level support and service centers, BLM operates 12 State Offices each having several subsidiary offices called Field Offices. The addresses of the State Offices and their respective geographical areas of jurisdiction are as follows:
                </P>
                <EXTRACT>
                  <HD SOURCE="HD1">State Offices and Areas of Jurisdiction</HD>
                  <FP SOURCE="FP-1">Alaska State Office, 222 West 7th Avenue, #13, Anchorage, AK 99513-7599—Alaska Arizona State Office, 222 North Central Avenue, Phoenix, AZ 85004-2203—Arizona California State Office, 2800 Cottage Way, Suite W-1834, Sacramento, CA 95825-1886—California</FP>
                  <FP SOURCE="FP-1">Colorado State Office, 2850 Youngfield Street, Lakewood, CO 80215-7093—Colorado</FP>
                  <FP SOURCE="FP-1">Eastern States Office, 7450 Boston Boulevard, Springfield, VA 22153-3121—Arkansas, Iowa, Louisiana, Minnesota, Missouri, and all States east of the Mississippi River</FP>
                  <FP SOURCE="FP-1">Idaho State Office, 1387 South Vinnell Way, Boise, ID 83709-1657—Idaho</FP>
                  <FP SOURCE="FP-1">Montana State Office, 5001 Southgate Drive, P.O. Box 36800, Billings, MT 59101-4669—Montana, North Dakota and South Dakota</FP>
                  <FP SOURCE="FP-1">Nevada State Office, 1340 Financial Way, Reno, NV 89502-7155—Nevada New Mexico State Office, 1474 Rodeo Road, P.O. Box 27115, Santa Fe, NM 87502-0115—Kansas, New Mexico, Oklahoma and Texas</FP>
                  <FP SOURCE="FP-1">Oregon State Office, 1515 Southwest 5th Avenue, P.O. Box 2965, Portland, OR 97208-2965—Oregon and Washington</FP>

                  <FP SOURCE="FP-1">Utah State Office, 324 South State Street, P.O. Box 45155, Salt Lake City, UT 84145-0155—Utah<PRTPAGE P="35"/>
                  </FP>
                  <FP SOURCE="FP-1">Wyoming State Office, 5353 Yellowstone Road, P.O. Box 1828, Cheyenne, WY 82003-1823-Wyoming and Nebraska</FP>
                </EXTRACT>
                
                <P>(b) A list of the names, addresses, and geographical areas of jurisdiction of all Field Offices of the Bureau of Land Management can be obtained at the above addresses or any office of the Bureau of Land Management, including the Washington Office, Bureau of Land Management, 1849 C Street, NW, Washington, DC 20240.</P>
                <CITA>[64 FR 53215, Oct. 1, 1999, as amended at 66 FR 28672, May 24, 2001]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1821.11</SECTNO>
                <SUBJECT>During what hours may I file an application?</SUBJECT>
                <P>You may file applications or other documents or inspect official records during BLM office hours. Each BLM office will prominently display a notice of the hours during which that particular office will be open. Except for offices which are open periodically, for example, every Wednesday or the 3rd Wednesday of the month, all offices will be open Monday through Friday, excluding Federal holidays, at least from 9 a.m. to 3 p.m., local time.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1821.12</SECTNO>
                <SUBJECT>Are these the only regulations that will apply to my application or other required document?</SUBJECT>
                <P>No. These general regulations are supplemented by specific program regulations. You should consult the regulations applying to the specific program.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1821.13</SECTNO>
                <SUBJECT>What if the specific program regulations conflict with these regulations?</SUBJECT>
                <P>If there is a conflict, the specific program regulations will govern and the conflicting portion of these regulations will not apply.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 1822—Filing a Document with BLM</HD>
              <SECTION>
                <SECTNO>§ 1822.10</SECTNO>
                <SUBJECT>How should my name appear on applications and other required documents that I submit to BLM?</SUBJECT>
                <P>Your legal name and current address should appear on your application and other required documents.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1822.11</SECTNO>
                <SUBJECT>What must I do to make an official filing with BLM?</SUBJECT>
                <P>You must file your application and any other required documents during regular office hours at the appropriate BLM office having jurisdiction over the lands or records involved. You must file any document with BLM through personal delivery or by mailing via the United States Postal Service or other delivery service, except for those applications that may be filed electronically under § 1822.13, unless a more specific regulation or law specifies the mode of delivery. The date of mailing is not the date of filing.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1822.12</SECTNO>
                <SUBJECT>Where do I file my application or other required documents?</SUBJECT>
                <P>You should file your application or other required documents at the BLM office having jurisdiction over the lands or records involved. The specific BLM office where you are to file your application is usually referenced in the BLM regulations which pertain to the filing you are making. If the regulations do not name the specific office, or if you have questions as to where you should file your application or other required documents, contact your local BLM office for information and we will tell you which BLM office to file your application.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1822.13</SECTNO>
                <SUBJECT>May I file electronically?</SUBJECT>
                <P>For certain types of applications, BLM will accept your electronic filing if an original signature is not required. If BLM requires your signature, you must file your application or document by delivery or by mailing. If you have any questions regarding which types of applications can be electronically filed, you should check with the BLM office where you intend to file your application. When you file an application electronically, it will not be considered filed until BLM receives it.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1822.14</SECTNO>
                <SUBJECT>What if I try to file a required document on the last day of the stated period for filing, but the BLM office where it is to be filed is officially closed all day?</SUBJECT>
                <P>BLM considers the document timely filed if we receive it in the office on the next day it is officially open.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="36"/>
                <SECTNO>§ 1822.15</SECTNO>
                <SUBJECT>If I miss filing a required document or payment within the specified period, can BLM consider it timely filed anyway?</SUBJECT>
                <P>BLM may consider it timely filed if:</P>
                <P>(a) The law does not prohibit BLM from doing so;</P>
                <P>(b) No other BLM regulation prohibits doing so; and</P>
                <P>(c) No intervening third party interests or rights have been created or established during the intervening period.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1822.16</SECTNO>
                <SUBJECT>Where do I file an application that involves lands under the jurisdiction of more than one BLM State Office?</SUBJECT>
                <P>You may file your application with any BLM State Office having jurisdiction over the subject lands. You should consult the regulations of the particular BLM resource program involved for more specific information.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1822.17</SECTNO>
                <SUBJECT>When are documents considered filed simultaneously?</SUBJECT>
                <P>(a) BLM considers two or more documents simultaneously filed when:</P>
                <P>(1) They are received at the appropriate BLM office on the same day and time; or</P>
                <P>(2) They are filed in conjunction with an order that specifies that documents received by the appropriate office during a specified period of time will be considered as simultaneously filed.</P>
                <P>(b) An application or document that arrives at the BLM office where it is to be filed when the office is closed for the entire day will be considered as filed on the day and hour the office next officially opens.</P>
                <P>(c) Nothing in this provision will deny any preference right granted by applicable law or regulation or validate a document which is invalid under applicable law or regulation.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1822.18</SECTNO>
                <SUBJECT>How does BLM decide in which order to accept documents that are simultaneously filed?</SUBJECT>
                <P>BLM makes this decision by a drawing open to the public.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 1823—Payments and Refunds</HD>
              <SECTION>
                <SECTNO>§ 1823.10</SECTNO>
                <SUBJECT>How may I make my payments to BLM?</SUBJECT>
                <P>Unless specific regulations provide otherwise, you may pay by:</P>
                <P>(a) United States currency; or</P>
                <P>(b) Checks, money orders, or bank drafts made payable to the Bureau of Land Management; or</P>
                <P>(c) Visa or Master Card credit charge, except as specified by pertinent regulation(s).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1823.11</SECTNO>
                <SUBJECT>What is the authority for BLM issuing a refund of a payment?</SUBJECT>
                <P>BLM can issue you a refund under the authority of section 304(c) of the Federal Land Policy and Management Act, 43 U.S.C. 1734.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1823.12</SECTNO>
                <SUBJECT>When and how may I obtain a refund?</SUBJECT>
                <P>(a) In making a payment to BLM, if the funds or fees you submitted to BLM exceed the amount required or if the regulations provide that fees submitted to BLM must be returned in certain situations, you may be entitled to a full or partial refund.</P>
                <P>(b) If you believe you are due a refund, you may request it from the BLM office where you previously submitted your payment. You should state the reasons you believe you are entitled to a refund and include a copy of the appropriate receipt, canceled check, or other relevant documents.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1823.13</SECTNO>
                <SUBJECT>Is additional documentation needed when a third party requests a refund?</SUBJECT>
                <P>Yes. When refund requests are made by heirs, executors, administrators, assignees, or mortgagees, BLM may require additional documentation sufficient to establish your entitlement to a refund. If you are an heir, executor, administrator, assignee or mortgagee, you should contact the BLM office where you will file your refund application for information regarding appropriate documentation.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <PRTPAGE P="37"/>
              <HD SOURCE="HED">Subpart 1824—Publication and posting of notices</HD>
              <SECTION>
                <SECTNO>§ 1824.10</SECTNO>
                <SUBJECT>What is publication?</SUBJECT>

                <P>Publication means publishing a notice announcing an event or a proposed action in the <E T="04">Federal Register</E>, a local newspaper of established character and general circulation in the vicinity of the land affected or other appropriate periodical. BLM's purpose in publishing or requiring the publication of such information is to advise you and other interested parties that some action will occur and that the public is invited either to participate or to comment.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1824.11</SECTNO>
                <SUBJECT>How does BLM choose a newspaper in which to publish a notice?</SUBJECT>
                <P>BLM bases its choice of newspapers on their reputation and frequency and level of circulation in the vicinity of the public or private lands involved.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1824.12</SECTNO>
                <SUBJECT>How many times must BLM publish a notice?</SUBJECT>
                <P>The number of times that BLM will publish or cause to be published a notice depends on the publication requirements for the particular action involved. You should see the applicable law and the regulations governing specific BLM resource programs for information on the requirements for publication for a particular action.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1824.13</SECTNO>
                <SUBJECT>Who pays for publication?</SUBJECT>
                <P>The cost of publication is the responsibility of the claimant or applicant.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1824.14</SECTNO>
                <SUBJECT>Does the claimant or applicant pay for an error by the printer of the paper in which the notice appears?</SUBJECT>
                <P>No. The claimant or applicant is not responsible for costs involved in correcting an error by the printer.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1824.15</SECTNO>
                <SUBJECT>What does it mean to post a notice?</SUBJECT>
                <P>Posting a notice is similar to publishing a notice except that the notice is displayed at the appropriate BLM office, local courthouse or similar prominent local government building or on a prominent fixture such as a building, tree or post located on the particular public lands involved.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1824.16</SECTNO>
                <SUBJECT>Why must I post a notice?</SUBJECT>
                <P>The posting of a notice informs those persons who may be interested in the lands or resources described, who have relevant information to provide, or who may wish to oppose the proposal.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1824.17</SECTNO>
                <SUBJECT>If I must post a notice on the land, what are the requirements?</SUBJECT>
                <P>The posted notice must be visible throughout the time period for posting specified in the regulations governing the relevant program. BLM or its regulations may require additional posting, such as in a post office or city hall. For any additional posting requirements, you should see applicable Federal and State law, the regulations of the particular BLM resource program and any additional BLM requirements associated with your application.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 1825—Relinquishments</HD>
              <SECTION>
                <SECTNO>§ 1825.10</SECTNO>
                <SUBJECT>If I relinquish my interest (such as a claim or lease) in public lands, am I relieved of all further responsibility associated with that interest?</SUBJECT>
                <P>No. You are still responsible for fulfilling any regulatory, statutory, lease, permit and other contractual obligations that apply, such as performance of reclamation and payment of rentals accruing before the time of relinquishment. You should see the regulations relating to the specific BLM resource program involved for more detailed information.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1825.11</SECTNO>
                <SUBJECT>When are relinquishments effective?</SUBJECT>
                <P>Generally, BLM considers a relinquishment to be effective when it is received, along with any required fee, in the BLM office having jurisdiction of the lands being relinquished. However, the specific program regulations govern effectiveness of relinquishments.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1825.12</SECTNO>
                <SUBJECT>When does relinquished land become available again for other application or appropriation?</SUBJECT>

                <P>Relinquished land may not again become available until BLM notes the filed relinquishment of an interest on <PRTPAGE P="38"/>the land records maintained by the BLM office having jurisdiction over the lands involved. If you have any questions regarding the availability of a particular tract of land, you should contact the BLM office having jurisdiction over the lands or records.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 1840</EAR>
            <HD SOURCE="HED">PART 1840—APPEALS PROCEDURES</HD>
            <AUTH>
              <HD SOURCE="HED">Authority: </HD>
              <P>R.S. 2478, as amended; 43 U.S.C. 1201.</P>
            </AUTH>
            <SECTION>
              <SECTNO>§ 1840.1</SECTNO>
              <SUBJECT>Cross reference.</SUBJECT>
              <P>For special procedural rules applicable to appeals from decisions of Bureau of Land Management officers or of administrative law judges, within the jurisdiction of the Board of Land Appeals, Office of Hearings and Appeals, see subpart E of part 4 of this title. Subpart A of part 4 and all of the general rules in subpart B of part 4 of this title not inconsistent with the special rules in subpart E of part 4 of this title are also applicable to such appeals procedures.</P>
              <CITA>[36 FR 15119, Aug. 13, 1971]</CITA>
            </SECTION>
          </PART>
          <PART>
            <EAR>Pt. 1850</EAR>
            <HD SOURCE="HED">PART 1850—HEARINGS PROCEDURES</HD>
            <SUBPART>
              <HD SOURCE="HED">Subpart 1850—Hearing Procedures; General</HD>
              <AUTH>
                <HD SOURCE="HED">Authority: </HD>
                <P>R.S. 2478, as amended; 43 U.S.C. 1201.</P>
              </AUTH>
              <SECTION>
                <SECTNO>§ 1850.1</SECTNO>
                <SUBJECT>Cross reference.</SUBJECT>
                <P>For special procedural rules applicable to hearings in public lands cases, including hearings under the Federal Range Code for Grazing Districts and hearings in both Government and private contest proceedings, within the jurisdiction of the Board of Land Appeals, Office of Hearings and Appeals, see subpart E of part 4 of this title. Subpart A of part 4 and all of the general rules in subpart B of part 4 of this title not inconsistent with the special rules in subpart E of part 4 of this title are also applicable to such hearings, contest, and protest procedures.</P>
                <CITA>[36 FR 15119, Aug. 13, 1971]</CITA>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 1860</EAR>
            <HD SOURCE="HED">PART 1860—CONVEYANCES, DISCLAIMERS AND CORRECTION DOCUMENTS</HD>
            <CONTENTS>
              <SUBPART>
                <RESERVED>Subpart 1862[Reserved]</RESERVED>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 1863—Other Title Conveyances</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>1863.5</SECTNO>
                <SUBJECT>Title transfer to the Government.</SUBJECT>
                <SECTNO>1863.5-1</SECTNO>
                <SUBJECT>Evidence of title.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 1864—Recordable Disclaimers of Interest in Land</HD>
                <SECTNO>1864.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <SECTNO>1864.0-2</SECTNO>
                <SUBJECT>Objectives.</SUBJECT>
                <SECTNO>1864.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>1864.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>1864.1</SECTNO>
                <SUBJECT>Application for issuance of a document of disclaimer.</SUBJECT>
                <SECTNO>1864.1-1</SECTNO>
                <SUBJECT>Filing of application.</SUBJECT>
                <SECTNO>1864.1-2</SECTNO>
                <SUBJECT>Form of application.</SUBJECT>
                <SECTNO>1864.1-3</SECTNO>
                <SUBJECT>Action on application.</SUBJECT>
                <SECTNO>1864.1-4</SECTNO>
                <SUBJECT>Consultation with other Federal agencies.</SUBJECT>
                <SECTNO>1864.2</SECTNO>
                <SUBJECT>Decision on application.</SUBJECT>
                <SECTNO>1864.3</SECTNO>
                <SUBJECT>Issuance of document of disclaimer.</SUBJECT>
                <SECTNO>1864.4</SECTNO>
                <SUBJECT>Appeals.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 1865—Correction of Conveyancing Documents</HD>
                <SECTNO>1865.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <SECTNO>1865.0-2</SECTNO>
                <SUBJECT>Objective.</SUBJECT>
                <SECTNO>1865.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>1865.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>1865.1</SECTNO>
                <SUBJECT>Application for correction of conveyancing documents.</SUBJECT>
                <SECTNO>1865.1-1</SECTNO>
                <SUBJECT>Filing of application.</SUBJECT>
                <SECTNO>1865.1-2</SECTNO>
                <SUBJECT>Form of application.</SUBJECT>
                <SECTNO>1865.1-3</SECTNO>
                <SUBJECT>Action on application.</SUBJECT>
                <SECTNO>1865.2</SECTNO>
                <SUBJECT>Issuance of corrected patent or document of conveyance.</SUBJECT>
                <SECTNO>1865.3</SECTNO>
                <SUBJECT>Issuance of patent or document of conveyance on motion of authorized officer.</SUBJECT>
                <SECTNO>1865.4</SECTNO>
                <SUBJECT>Appeals.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <SUBPART>
              <RESERVED>Subpart 1862[Reserved]</RESERVED>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 1863—Other Title Conveyances</HD>
              <AUTH>
                <HD SOURCE="HED">Authority: </HD>
                <P>R.S. 2478; 43 U.S.C. 1201.</P>
              </AUTH>
              <SECTION>
                <SECTNO>§ 1863.5</SECTNO>
                <SUBJECT>Title transfer to the Government.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1863.5-1</SECTNO>
                <SUBJECT>Evidence of title.</SUBJECT>

                <P>Evidence of title, when required by the regulations, must be submitted in such form and by such abstracter or company as may be satisfactory to the <PRTPAGE P="39"/>Bureau of Land Management. A policy of title insurance, or a certificate of title, may be accepted in lieu of an abstract, in proper cases, when issued by a title company. A policy of title insurance when furnished must be free from conditions and stipulations not acceptable to the Department of the Interior. A certificate of title will be accepted only where the certificate is made to the Government, or expressly for its benefit and where the interests of the Government will be sufficiently protected thereby.</P>
                <CITA>[35 FR 9533, June 13, 1970]</CITA>
                <CROSSREF>
                  <HD SOURCE="HED">Cross Reference: </HD>
                  <P>For evidence of title in mining cases, see § 3862.1-3 of this chapter.</P>
                </CROSSREF>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 1864—Recordable Disclaimers of Interest in Land</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>49 FR 35297, Sept. 6, 1984, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 1864.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <P>The Secretary of the Interior has been granted discretionary authority by section 315 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1745) to issue recordable disclaimers of interests in lands. In general, a disclaimer may be issued if the disclaimer will help remove a cloud on the title to lands and there is a determination that such lands are not lands of the United States or that the United States does not hold a valid interest in the lands. These regulations implement this statutory authority of the Secretary.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1864.0-2</SECTNO>
                <SUBJECT>Objectives.</SUBJECT>
                <P>(a) The objective of the disclaimer is to eliminate the necessity for court action or private legislation in those instances where the United States asserts no ownership or record interest, based upon a determination by the Secretary of the Interior that there is a cloud on the title to the lands, attributable to the United States, and that:</P>
                <P>(1) A record interest of the United States in lands has terminated by operation of law or is otherwise invalid; or</P>
                <P>(2) The lands lying between the meander line shown on a plat of survey approved by the Bureau of Land Management or its predecessors and the actual shoreline of a body of water are not lands of the United States; or</P>
                <P>(3) Accreted, relicted, or avulsed lands are not lands of the United States.</P>
                <P>(b) A disclaimer has the same effect as a quitclaim deed in that it operates to estop the United States from asserting a claim to an interest in or the ownership of lands that are being disclaimed. However, a disclaimer does not grant, convey, transfer, remise, quitclaim, release or renounce any title or interest in lands, nor does it operate to release or discharge any tax, judgement or other lien, or any other mortgage, deed or trust or other security interest in lands that are held by or for the benefit of the United States or any instrumentality of the United States.</P>
                <P>(c) The regulations in this subpart do not apply to any disclaimer, release, quitclaim or other similar instrument or declaration, that may be issued pursuant to any provision of law other than section 315 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1745).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1864.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>Section 315 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1745), authorizes the Secretary of the Interior to issue a recordable disclaimer, where the disclaimer will help remove a cloud on the title of such lands, if certain determinations are made and conditions are met.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1864.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>As used in this subpart, the term:</P>
                <P>(a) <E T="03">Authorized officer</E> means any employee of the Bureau of Land Management who has been delegated the authority to perform the duties described in this subpart.</P>
                <P>(b) <E T="03">Accreted lands</E> have the meaning imparted to them by applicable law. In general, they are lands that have been gradually and imperceptibly formed along the banks of a body of water by deposition of water-borne soil.</P>
                <P>(c) <E T="03">Avulsed lands</E> have the meaning imparted to them by applicable law. In general, they are lands that have been uncovered by a relatively sudden change in alignment of the channel of a river, or by a comparable change in <PRTPAGE P="40"/>some other body of water, or that remain as uplands following such a change, or that are located in the bed of the new channel.</P>
                <P>(d) <E T="03">Actual shoreline</E> means the line which is washed by the water wherever it covers the bed of a body of water at its mean high water level.</P>
                <P>(e) <E T="03">Lands</E> means lands and interests in lands now or formerly forming a part of the reserved or unreserved public lands of the contiguous 48 States and Alaska and as to any coastal State, includes submerged lands inside of the seaward boundary of the State.</P>
                <P>(f) <E T="03">Meander line</E> means a survey line established for the purpose of representing the location of the actual shoreline of a permanent natural body of water, without showing all the details of its windings and irregularities. A meander line rarely runs straight for any substantial distance. It is established not as a boundary line but in order to permit calculation of the quantity of lands in the fractional sections remaining after segregation of the water area.</P>
                <P>(g) <E T="03">Relicted lands</E> have the meaning imparted that term by applicable law. In general, they are lands gradually uncovered when water recedes permanently.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1864.1</SECTNO>
                <SUBJECT>Application for issuance of a document of disclaimer.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1864.1-1</SECTNO>
                <SUBJECT>Filing of application.</SUBJECT>
                <P>(a) Any present owner of record may file an application to have a disclaimer of interest issued if there is reason to believe that a cloud exists on the title to the lands as a result of a claim or potential claim by the United States and that such lands are not subject to any valid claim of the United States.</P>
                <P>(b) Prior to the acceptance for filing of an application under this subpart, the authorized officer should discuss the proposal with the proposed applicant to determine if the regulations in this subpart apply.</P>
                <P>(c) An application shall be filed in writing with the proper Bureau of Land Management office as listed in § 1821.2-1(d) of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1864.1-2</SECTNO>
                <SUBJECT>Form of application.</SUBJECT>
                <P>(a) No specific form of application is required.</P>
                <P>(b) A nonrefundable fee of $100 shall accompany the application.</P>
                <P>(c) Each application shall include:</P>
                <P>(1) A legal description of the lands for which a disclaimer is sought. The legal description shall be based on either an official United States public land survey or, in the absence of or inappropriateness (irregularly shaped tracts) of an offical public land survey, a metes and bounds survey (whenever practicable, tied to the nearest corner of an official public land survey), duly certified in accordance with State law, by the licensed civil engineer or surveyor who executed or supervised the execution of the metes and bounds survey. A true copy of the field notes and plat of survey shall be attached to and made a part of the application. If reliance is placed in whole or in part on an official United States public land survey, such survey shall be adequately identified for record retrieval purposes;</P>
                <P>(2) The applicant's name, mailing address, and telephone number and the names addresses and telephone numbers of others known or believed to have or claim an interest in the lands;</P>
                <P>(3) All documents which show to the satisfaction of the authorized officer the applicant's title to the lands;</P>
                <P>(4) As complete a statement as possible concerning:</P>
                <P>(i) The nature and extent of the cloud on the title, and</P>
                <P>(ii) The reasons the applicant believes:</P>
                <P>(A) The record title interest of the United States in the lands included in the application has terminated by operation of law or is otherwise invalid, including a copy or legal citation of relevant provisions of law; or</P>

                <P>(B) The lands between the meander line shown on the plat of survey approved by the Bureau of Land Management or its predecessors and the actual shoreline of a body of water are not lands of the United States, including as documentation an official plat of survey or a reference to a date of filing or approval and, if the applicant elects, any non-Federal survey plats related to the issue; or<PRTPAGE P="41"/>
                </P>
                <P>(C) The lands are accreted, relicted or avulsed and are no longer lands of the United States, including submission for the uplands portion of the body of water affected a copy of an official plat of survey or a reference to it by date of filing or approval and, if the applicant elects, any non-Federal survey plats related to the issue;</P>
                <P>(5) Any available documents or title evidence, such as historical and current maps, photographs, and water movement data, that support the application;</P>
                <P>(6) The name, mailing address, and telephone number of any known adverse claimant or occupant of the lands included in the application;</P>
                <P>(7) Any request the applicant may have that the disclaimer be issued in a particular form suitable for use in the jurisdiction in which it will be recorded; and</P>
                <P>(d) Based on prior discussions with the applicant, the authorized officer may waive any or all of the aforementioned items if in his/her opinion they are not needed to properly adjudicate that application.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1864.1-3</SECTNO>
                <SUBJECT>Action on application.</SUBJECT>
                <P>(a) An application shall be denied by the authorized officer if:</P>
                <P>(1) More than 12 years have elapsed since the owner knew or should have known of the alleged claim attributed to the United States;</P>
                <P>(2) The application pertains to a security interest or water rights; or</P>
                <P>(3) The application pertains to trust or restricted Indian lands;</P>
                <P>(b) The authorized officer shall, if the application meets the requirements for further processing, determine the amount of deposit needed to cover the administrative costs of processing the application and issuing a disclaimer.</P>
                <P>(c) The applicant shall submit a deposit in an amount determined by authorized officer.</P>
                <P>(d) If the application is concerned with what may be omitted lands, it shall be processed in accordance with the applicable provisions of part 9180 of this title. If the application is determined by the authorized officer to involve omitted lands, the applicant shall be so notified in writing.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1864.1-4</SECTNO>
                <SUBJECT>Consultation with other Federal agencies.</SUBJECT>
                <P>If the lands included in the application are under the administrative jurisdiction of a Federal agency other than the Department of the Interior or if the issuance of a disclaimer for the lands would, to the Bureau of Land Management's knowledge, directly affect another Federal agency, the authorized officer shall refer the application to that Federal agency for comment.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1864.2</SECTNO>
                <SUBJECT>Decision on application.</SUBJECT>

                <P>(a) The authorized officer shall notify the applicant and any party adverse to the application, in writing, on the determination of the authorized officer on whether or not to issue a disclaimer. Prior to such notification, the authorized officer shall issue to the applicant a billing that includes a full and complete statement of the cost incurred in reaching such determination, including any sum due the United States or that may be unexpended from the deposit made by the applicant. If the administrative costs exceed the amount of the deposit required of the applicant under this subpart, the applicant shall be informed that a payment is required for the difference between the actual costs and the deposit. The notification shall also require that payment be made within 120 days from the date of mailing of the notice. If the deposit exceeds the administrative costs of issuing the disclaimer, the applicant shall be informed that a credit for or a refund of the excess will be made. Failure to pay the required amount within the allotted time shall constitute grounds for rejection of the application. Before the authorized officer makes a determination to issue a disclaimer, he/she shall publish notice of the application, including the grounds supporting it, in the <E T="04">Federal Register.</E> Publication in the <E T="04">Federal Register</E>
                  <E T="11">shall be made at least 90 days preceding the issuance of a decision on the disclaimer. Notice shall be published in a newspaper located in the vicinity of the lands covered by the application once a week for 3 consecutive weeks during the 90-day period set out herein. Neither publication shall be made until the applicant has paid the administrative costs.</E>
                </P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="42"/>
                <SECTNO>§ 1864.3</SECTNO>
                <SUBJECT>Issuance of document of disclaimer.</SUBJECT>
                <P>Upon receipt of the payment required by §§ 1864.1-2(b), 1864.1-3(c) and 1864.2 of this title and following, by not less than 90 days, the publication required by § 1864.2 of this title, the authorized officer shall make a decision upon the application, and if the application is allowed, shall issued to the applicant an instrument of disclaimer.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1864.4</SECTNO>
                <SUBJECT>Appeals.</SUBJECT>
                <P>An applicant or claimant adversely affected by a written decision of the authorized officer made pursuant to the provisions of this subpart shall have a right of appeal pursuant to 43 CFR part 4.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 1865—Correction of Conveyancing Documents</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>49 FR 35299, Sept. 6, 1984, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 1865.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <P>The purpose of these regulations is to implement section 316 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1746), which affords to the Secretary of the Interior discretionary authority to correct errors in patents and other documents of conveyance pertaining to the disposal of the public lands of the United States under laws administered through the Bureau of Land Management or its predecessors.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1865.0-2</SECTNO>
                <SUBJECT>Objective.</SUBJECT>
                <P>The objective of a correction document is to eliminate from the chain of title errors in patents or other documents of conveyance that have been issued by the United States under laws administered by the Bureau of Land Management or its predecessors and that pertain to the disposal of the public lands or of an interest therein.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1865.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>Section 316 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1746) authorizes the Secretary of the Interior to correct patents and other documents of conveyance issued at any time pursuant to the laws relating to the disposal of the public lands where the Secretary of the Interior deems it necessary or appropriate to do so in order to eliminate errors.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1865.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>As used in this subpart, the term:</P>
                <P>(a) <E T="03">Authorized officer</E> means any employee of the Bureau of Land Management to whom has been delegated the authority to perform the duties described in this subpart.</P>
                <P>(b) <E T="03">Error</E> means the inclusion of erroneous descriptions, terms, conditions, covenants, reservations, provisions and names or the omission of requisite descriptions, terms, conditions, covenants, reservations, provisions and names either in their entirety or in part, in a patent or document of conveyance as a result of factual error. This term is limited to mistakes of fact and not of law.</P>
                <P>(c) <E T="03">Patents or other documents of conveyance</E> means a land patent, a deed or some other similar instrument in the chain of title to realty that has been issued by the United States under laws administered by the Bureau of Land Management or its predecessors pertaining to the disposal of the public lands of the United States or of an interest therein. It also includes interim conveyances issued under the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601 <E T="03">et seq.</E>), and approvals and tentative approvals issued under the Act of July 7, 1958, as amended (72 Stat. 339).</P>
                <P>(d) <E T="03">Lands</E> mean lands or interest in lands.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1865.1</SECTNO>
                <SUBJECT>Application for correction of conveyancing documents.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1865.1-1</SECTNO>
                <SUBJECT>Filing of application.</SUBJECT>
                <P>(a) Any claimant asserting ownership of lands described in and based upon a patent or other document of conveyance containing an alleged error may file an application to correct the alleged error.</P>
                <P>(b) An application shall be filed in writing with the proper Bureau of Land Management office as listed in § 1821.2-1(d) of this title.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="43"/>
                <SECTNO>§ 1865.1-2</SECTNO>
                <SUBJECT>Form of application.</SUBJECT>
                <P>(a) No specific form of application is required.</P>
                <P>(b) A non-refundable fee of $100 shall accompany the application.</P>
                <P>(c) Each application shall include:</P>
                <P>(1) The name, mailing address, and telephone number of the applicant and any others known to the applicant that hold or purport to hold any title or other interest in, lien on or claim to the lands described in the patent or other document of conveyance containing the alleged error as to which the corrective action is requested, and if the error involves a misdescription, the land that would be affected by the corrective action requested;</P>
                <P>(2) All documents which show the applicant's title to the lands included in the application;</P>
                <P>(3) A certified copy of any patent or other document conveying any lands included in the application to the applicant or predecessor(s) in interest; and</P>
                <P>(4) As complete a statement as possible concerning:</P>
                <P>(i) The nature and extent of the error;</P>
                <P>(ii) The manner in which the error can be corrected or eliminated; and</P>
                <P>(iii) The form in which it is recommended the corrected patent or document of conveyance be issued.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1865.1-3</SECTNO>
                <SUBJECT>Action on application.</SUBJECT>
                <P>The authorized officer, upon review of the factual data and information submitted with the application, and upon a finding that an error was made in the patent or document of conveyance and that the requested relief is warranted and appropriate, shall give written notification to the applicant and make a reasonable effort to give written notification to any others known to have or believed to have or claim an interest in the lands that a corrected patent or document of conveyance shall be issued. The notification shall include a description of how the error is to be corrected or eliminated in the patent or document of conveyance. The notice shall require the applicant to surrender the original patent or other document of conveyance to be corrected. Where such original document is unavailable, a statement setting forth the reasons for its unavailability shall be submitted in lieu of the original document. The notice may include a requirement for quitclaiming to the United States the lands erroneously included, and shall specify any terms and conditions required for the quitclaim.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1865.2</SECTNO>
                <SUBJECT>Issuance of corrected patent or document of conveyance.</SUBJECT>
                <P>Upon the authorized officer's determination that all of the requirements of the Act for issuance of a corrected patent or document of conveyance have been met, the authorized officer shall issue a corrected patent or document of conveyance.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1865.3</SECTNO>
                <SUBJECT>Issuance of patent or document of conveyance on motion of authorized officer.</SUBJECT>
                <P>The authorized officer may initiate and make corrections in patents or other documents of conveyance on his/her own motion, if all existing owners agree.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1865.4</SECTNO>
                <SUBJECT>Appeals.</SUBJECT>
                <P>An applicant or claimant adversely affected by a decision of the authorized officer made pursuant to the provisions of this subpart shall have a right of appeal pursuant to 43 CFR part 4.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 1870</EAR>
            <HD SOURCE="HED">PART 1870—ADJUDICATION PRINCIPLES AND PROCEDURES</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 1871—Principles</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>1871.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>1871.1</SECTNO>
                <SUBJECT>Equitable adjudication.</SUBJECT>
                <SECTNO>1871.1-1</SECTNO>
                <SUBJECT>Cases subject to equitable adjudication. </SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority: </HD>
              <P>R.S. 2450; 43 U.S.C. 1161.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source: </HD>
              <P>35 FR 9533, June 13, 1970, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart 1871—Principles</HD>
              <SECTION>
                <SECTNO>§ 1871.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>The Act of September 20, 1922 (42 Stat. 857; 43 U.S.C. 1161-1163), as modified by section 403 of Reorganization Plan No. 3 of 1946 (60 Stat. 1100), reads as follows:</P>
                <EXTRACT>
                  <PRTPAGE P="44"/>
                  <P>
                    <E T="05">Sec. 1161.</E> The Secretary of the Interior, or such officer as he may designate, is authorized to decide upon principles of equity and justice, as recognized in courts of equity, and in accordance with regulations to be approved by the Secretary of the Interior, consistently with such principles, all cases of suspended entries of public lands and of suspended preemption land claims, and to adjudge in what cases patents shall issue upon the same.</P>
                  <P>
                    <E T="05">Sec. 1162.</E> Every such adjudication shall be approved by the Secretary of the Interior and shall operate only to divest the United States of the title to the land embraced thereby, without prejudice to the rights of conflicting claimants.</P>
                  <P>
                    <E T="05">Sec. 1163.</E> Where patents have been already issued on entries which are approved by the Secretary of the Interior, the Secretary of the Interior, or such officer as he may designate, upon the canceling of the outstanding patent, is authorized to issue a new patent, on such approval, to the person who made the entry, his heirs or assigns.</P>
                </EXTRACT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1871.1</SECTNO>
                <SUBJECT>Equitable adjudication.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1871.1-1</SECTNO>
                <SUBJECT>Cases subject to equitable adjudication.</SUBJECT>
                <P>The cases subject to equitable adjudication by the Director, Bureau of Land Management, cover the following:</P>
                <P>(a) <E T="03">Substantial compliance:</E> All classes of entries in connection with which the law has been substantially complied with and legal notice given, but the necessary citizenship status not acquired, sufficient proof not submitted, or full compliance with law not effected within the period authorized by law, or where the final proof testimony, or affidavits of the entryman or claimant were executed before an officer duly authorized to administer oaths but outside the county or land district, in which the land is situated, and special cases deemed proper by the Director, Bureau of Land Management, where the error or informality is satisfactorily explained as being the result of ignorance, mistake, or some obstacle over which the party had no control, or any other sufficient reason not indicating bad faith there being no lawful adverse claim.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 1880</EAR>
            <HD SOURCE="HED">PART 1880—FINANCIAL ASSISTANCE, LOCAL GOVERNMENTS</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 1881—Payments in Lieu of Taxes</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">General Information</HD>
                  <SECHD>Sec.</SECHD>
                  <SECTNO>1881.10 </SECTNO>
                  <SUBJECT>What is the purpose of this subpart?</SUBJECT>
                  <SECTNO>1881.11 </SECTNO>
                  <SUBJECT>What is the authority for this subpart?</SUBJECT>
                  <SECTNO>1881.12 </SECTNO>
                  <SUBJECT>How does BLM define terms used in this subpart?</SUBJECT>
                  <SECTNO>1881.13 </SECTNO>
                  <SUBJECT>Who is eligible to receive PILT payments?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Payments to Local Governments Containing Entitlement Lands (31 U.S.C. 6902)</HD>
                  <SECTNO>1881.20 </SECTNO>
                  <SUBJECT>How does BLM process section 6902 payments?</SUBJECT>
                  <SECTNO>1881.21 </SECTNO>
                  <SUBJECT>What information does BLM need to calculate these payments?</SUBJECT>
                  <SECTNO>1881.22 </SECTNO>
                  <SUBJECT>Are there any special circumstances that affect the way BLM calculates PILT payments?</SUBJECT>
                  <SECTNO>1881.23 </SECTNO>
                  <SUBJECT>How does BLM certify payment computations?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Payments to Local Governments for Acquisitions or Interest in Lands Acquired for Addition to the National Park System or National Forest Wilderness Areas (31 U.S.C. 6904)</HD>
                  <SECTNO>1881.30 </SECTNO>
                  <SUBJECT>How does BLM process section 6904 payments?</SUBJECT>
                  <SECTNO>1881.31 </SECTNO>
                  <SUBJECT>How does BLM calculate section 6904 payments?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Payments to Local Governments for Interest in Lands in the Redwood National Park or Lake Tahoe Basin (31 U.S.C. 6905)</HD>
                  <SECTNO>1881.40 </SECTNO>
                  <SUBJECT>How does BLM process section 6905 payments?</SUBJECT>
                  <SECTNO>1881.41 </SECTNO>
                  <SUBJECT>How does BLM calculate section 6905 payments?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">State and Local Governments' Responsibilities After BLM Distributes PILT Payments</HD>
                  <SECTNO>1881.50 </SECTNO>
                  <SUBJECT>What are the local governments' responsibilities after receiving sections 6902, 6904, and 6905 PILT payments?</SUBJECT>
                  <SECTNO>1881.51 </SECTNO>
                  <SUBJECT>Are there general procedures applicable to all PILT payments?</SUBJECT>
                  <SECTNO>1881.52 </SECTNO>
                  <SUBJECT>May a State enact legislation to reallocate or redistribute PILT payments?</SUBJECT>
                  <SECTNO>1881.53 </SECTNO>
                  <SUBJECT>What is BLM's procedure on PILT payments to a State that enacts distribution legislation?</SUBJECT>
                  <SECTNO>1881.54 </SECTNO>

                  <SUBJECT>What happens if a State repeals or amends distribution legislation?<PRTPAGE P="45"/>
                  </SUBJECT>
                  <SECTNO>1881.55 </SECTNO>
                  <SUBJECT>Can a unit of general local government protest the results of payment computations?</SUBJECT>
                  <SECTNO>1881.56 </SECTNO>
                  <SUBJECT>How does a unit of general local government file a protest?</SUBJECT>
                  <SECTNO>1881.57 </SECTNO>
                  <SUBJECT>Can a unit of general local government appeal a rejection of a protest?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 1882—Mineral Development Impact Relief Loans</HD>
                <SECTNO>1882.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <SECTNO>1882.0-2</SECTNO>
                <SUBJECT>Objective.</SUBJECT>
                <SECTNO>1882.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>1882.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>1882.1</SECTNO>
                <SUBJECT>Loan fund, general.</SUBJECT>
                <SECTNO>1882.2</SECTNO>
                <SUBJECT>Qualifications.</SUBJECT>
                <SECTNO>1882.3</SECTNO>
                <SUBJECT>Application procedures.</SUBJECT>
                <SECTNO>1882.4</SECTNO>
                <SUBJECT>Allocation of funds.</SUBJECT>
                <SECTNO>1882.5</SECTNO>
                <SUBJECT>Terms and conditions.</SUBJECT>
                <SECTNO>1882.5-1</SECTNO>
                <SUBJECT>Tenure of loan.</SUBJECT>
                <SECTNO>1882.5-2</SECTNO>
                <SUBJECT>Interest rate.</SUBJECT>
                <SECTNO>1882.5-3</SECTNO>
                <SUBJECT>Limitation on amount of loans.</SUBJECT>
                <SECTNO>1882.5-4</SECTNO>
                <SUBJECT>Loan repayment.</SUBJECT>
                <SECTNO>1882.5-5</SECTNO>
                <SUBJECT>Security for a loan.</SUBJECT>
                <SECTNO>1882.5-6</SECTNO>
                <SUBJECT>Use of loan.</SUBJECT>
                <SECTNO>1882.5-7</SECTNO>
                <SUBJECT>Nondiscrimination.</SUBJECT>
                <SECTNO>1882.5-8</SECTNO>
                <SUBJECT>Additional terms and conditions.</SUBJECT>
                <SECTNO>1882.6</SECTNO>
                <SUBJECT>Loan renegotiation.</SUBJECT>
                <SECTNO>1882.7</SECTNO>
                <SUBJECT>Inspection and audit.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <SUBPART>
              <HD SOURCE="HED">Subpart 1881—Payments in Lieu of Taxes</HD>
              <AUTH>
                <HD SOURCE="HED">Authority:</HD>
                <P>Public Law 94-565, 90 Stat. 2662, as amended, 31 U.S.C. 6901-6907.</P>
              </AUTH>
              <SOURCE>
                <HD SOURCE="HED">Source:</HD>
                <P>65 FR 51231, Aug. 23, 2000, unless otherwise noted.</P>
              </SOURCE>
              <SUBJGRP>
                <HD SOURCE="HED">General Information</HD>
                <SECTION>
                  <SECTNO>§ 1881.10</SECTNO>
                  <SUBJECT>What is the purpose of this subpart?</SUBJECT>
                  <P>This subpart sets forth procedures the Bureau of Land Management uses in disbursing Federal payments in lieu of taxes to units of general local government for entitlement lands within their boundaries.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 1881.11</SECTNO>
                  <SUBJECT>What is the authority for this subpart?</SUBJECT>
                  <P>Public Law 94-565, 90 Stat. 2662, as amended, 31 U.S.C. 6901-6907 continues as authority for this subpart.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 1881.12</SECTNO>
                  <SUBJECT>How does BLM define terms used in this subpart?</SUBJECT>
                  <P>
                    <E T="03">Entitlement land </E>means land owned by the United States:</P>
                  <P>(1) That is in the National Park System or the National Forest System, including wilderness areas, and national forest lands in northern Minnesota described in 16 U.S.C. 577d—577d-1;</P>
                  <P>(2) That is administered by the Secretary of the Interior through the Bureau of Land Management;</P>
                  <P>(3) That is dedicated to the use of the Government for water resource development projects;</P>
                  <P>(4) On which there are semi-active or inactive installations, excluding industrial installations, that the Department of Army keeps for mobilization and reserve component training;</P>
                  <P>(5) That is a dredge disposal area under the jurisdiction of the Army Corps of Engineers;</P>
                  <P>(6) That is located in the vicinity of Purgatory River Canyon and Pinon Canyon, Colorado, and acquired by the United States after December 23, 1981, to expand the Fort Carson military installation; or</P>
                  <P>(7) That is a reserve area as defined in 16 U.S.C. 715s(g)(3), which is an area of land withdrawn from the public domain and administered, either solely or primarily, by the Secretary of the Interior, through the Fish and Wildlife Service.</P>
                  <P>
                    <E T="03">Payments in lieu of taxes (PILT) </E>means Federal payments disbursed to units of general local government to compensate for the exemption of real estate taxes on entitlement lands within their boundaries.</P>
                  <P>
                    <E T="03">Section 6902 (31 U.S.C. 6902) payments </E>means Federal payments disbursed to units of general local government containing entitlement lands.</P>
                  <P>
                    <E T="03">Section 6904 (31 U.S.C. 6904) payments </E>means Federal payments disbursed to units of general local government for acquisitions or interest in lands acquired for addition to the National Park System or National Forest Wilderness Areas.</P>
                  <P>
                    <E T="03">Section 6905 (31 U.S.C. 6905) payments </E>means Federal payments disbursed to units of general local government for lands in the Redwood National Park or Lake Tahoe Basin.</P>
                  <P>
                    <E T="03">Unit of general local government </E>means:</P>

                  <P>(1) A county, parish, township, borough, or city, (other than in Alaska), where the city is independent of any other unit of general local government, that:<PRTPAGE P="46"/>
                  </P>
                  <P>(i) Is within the class(es) of such political subdivision in a State that the Secretary of the Interior determines, in his discretion, to be the principal provider(s) of governmental services within the State; and</P>
                  <P>(ii) Is a unit of general local government, as determined by the Secretary of the Interior on the basis of the same principles as were used by the Secretary of Commerce on January 1, 1983, for general statistical purposes.</P>
                  <P>(2) Any area in Alaska that is within the boundaries of a census area used by the Secretary of Commerce in the decennial census, but that is not included within the boundaries of a governmental entity described under paragraph (1) of this definition.</P>
                  <P>(3) The Governments of the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 1881.13</SECTNO>
                  <SUBJECT>Who is eligible to receive PILT payments?</SUBJECT>
                  <P>(a) Each unit of general local government containing entitlement lands may receive a PILT payment.</P>
                  <P>(b) A unit of general local government may not receive a payment for land owned or administered by a State or unit of general local government that was exempt from real estate taxes when the land was conveyed to the United States. However, a unit of general local government may receive a PILT payment for land when:</P>
                  <P>(1) A State or unit of general local government acquires from a private party to donate to the United States within eight years of acquisition;</P>
                  <P>(2) A State acquires through an exchange with the United States if the land acquired was entitlement land; or</P>
                  <P>(3) In the State of Utah, that the United States acquires for Federal land, royalties or other assets if, at the time of acquisition, a unit of general local government was entitled to receive payments in lieu of taxes from the State of Utah for the land; provided that the payment to the local government does not exceed the payment the State would have disbursed if the land had not been acquired.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Payments to Local Governments Containing Entitlement Lands (31 U.S.C. 6902)</HD>
                <SECTION>
                  <SECTNO>§ 1881.20</SECTNO>
                  <SUBJECT>How does BLM process section 6902 payments?</SUBJECT>
                  <P>(a) The BLM:</P>
                  <P>(1) Determines the eligibility of units of general local governments, conferring when necessary, with the Bureau of the Census, officials of appropriate State and local governments, and officials of the agency administering the entitlement land;</P>
                  <P>(2) Computes the amount of the payment disbursed to each unit of general local government; and</P>
                  <P>(3) Certifies the amount of the payment disbursed to each unit of general local government.</P>
                  <P>(b) The BLM disburses a payment each fiscal year to each unit of general local government containing entitlement lands.</P>
                  <P>(c) The State of Alaska is required to distribute the payment it receives to home rule cities and general law cities (as such cities are defined by the State) that are located within the boundaries of the unit of general local government entitled to the payment.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 1881.21</SECTNO>
                  <SUBJECT>What information does BLM need to calculate these payments?</SUBJECT>
                  <P>(a) The BLM obtains the necessary data on Federal and State payments from several sources:</P>
                  <P>(1) Federal agencies provide the amount of entitlement land within the boundaries of each unit of general local government as of the last day of the fiscal year preceding the fiscal year for which BLM disburses the payment.</P>
                  <P>(2) The Governor or designated official provides the amount of money transfers (land revenue sharing payments) disbursed by the State during the previous fiscal year to eligible units of general local government under the following payment laws listed under 31 U.S.C. 6903(a)(1):</P>
                  <P>(i) The Act of June 20, 1910 (Arizona and New Mexico Enabling Acts) (ch. 310, 36 Stat 557);</P>
                  <P>(ii) Section 33 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1012);</P>

                  <P>(iii) The Act of May 23, 1908 (Knutson-Vandenberg Act regarding <PRTPAGE P="47"/>Forest Service timber sales contracts) (16 U.S.C. 500);</P>
                  <P>(iv) Section 5 of the Act of June 22, 1948 (Payments to Minnesota from northern Minnesota National Forest receipts) (16 U.S.C. 577g-l);</P>
                  <P>(v) Section 401(c)(2) of the Act of June 15, 1935 (Payments to local governments from National Wildlife Refuge System receipts) (16 U.S.C. 715s(c)(2));</P>
                  <P>(vi) Section 17 of the Federal Power Act (16 U.S.C. 810);</P>
                  <P>(vii) Section 35 of the Act of February 25, 1920 (Mineral Leasing Act) (30 U.S.C. 191);</P>
                  <P>(viii) Section 6 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 355);</P>
                  <P>(ix) Section 3 of the Act of July 31, 1947 (Materials Act of 1947) (30 U.S.C. 603); and</P>
                  <P>(x) Section 10 of the Act of June 28, 1934 (Taylor Grazing Act) (43 U.S.C. 315i).</P>
                  <P>(3) The Bureau of the Census provides statistics on the population of each unit of general local government.</P>
                  <P>(b) The BLM consults with the affected unit of general local government and the administering agency to resolve conflicts in land records and other data sources.</P>
                  <P>(c) The BLM uses the amount of actual appropriations, the formula set forth in 31 U.S.C. 6903(b)(1), which includes inflation adjustments, and Federal and State payments disbursed during the previous fiscal year to units of general local government under the land payment laws listed under 31 U.S.C. 6903(a)(1).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 1881.22</SECTNO>
                  <SUBJECT>Are there any special circumstances that affect the way BLM calculates PILT payments?</SUBJECT>
                  <P>If a unit of general local government eligible for payments under this subpart reorganizes, BLM will calculate payments for the fiscal year in which the reorganization occurred as if the reorganization had not occurred. BLM will disburse any payment due to each new unit based on the amount of eligible acreage in that unit.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 1881.23</SECTNO>
                  <SUBJECT>How does BLM certify payment computations?</SUBJECT>
                  <P>(a) The BLM will certify a computation for payment only after the Governor of the State or designated official in which the unit of general local government is located provides the BLM with:</P>
                  <P>(1) A statement of the amount of all money transfers (land revenue sharing payments) that each entitled unit of general local government has received from the State during the previous fiscal year from revenues derived from the payment law(s) listed under 31 U.S.C. 6903(a)(1);</P>
                  <P>(2) A certification, in writing, signed by a State Auditor, an independent Certified Public Accountant or an independent public accountant that the statements furnished by the Governor or designated official have been audited in accordance with auditing standards established by the U.S. Comptroller General in Standards of Audit of Governmental Organizations, Programs, Activities and Functions, available through the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, and in accordance with the Audit Guide for Payments in Lieu of Taxes issued by the Department of the Interior.</P>
                  <P>(b) The Office of the Inspector General, U.S. Department of the Interior, will provide appropriate assistance to the Director, BLM, under the provisions of sections 4 and 6 of the Inspector General Act of 1978 (5 U.S.C. Appendix), to facilitate implementing and administering the audit requirements specified in paragraph (a)(2) of this section.</P>
                  <P>(c) The Office of the Inspector General will:</P>
                  <P>(1) Develop appropriate audit guides which State auditors, independent Certified Public Accountants or independent public accountants, must use to audit the statements of the Governors or their designated officials and to certify the audits; and</P>

                  <P>(2) Furnish copies of the guides to the Governor or designated official each year. You should send questions on the use or application of this guide to the <PRTPAGE P="48"/>Office of Inspector General, U.S. Department of the Interior, Washington, DC 20240.</P>
                  <P>(d) The BLM may waive the requirement to certify audits if the General Accounting Office or the Office of the Inspector General verifies the information in statements the Governor or designated official furnishes or if BLM determines it is not necessary.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Payments to Local Governments for Acquisitions or Interest in Lands Acquired for Addition to the National Park System or National Forest Wilderness Areas (31 U.S.C. 6904)</HD>
                <SECTION>
                  <SECTNO>§ 1881.30</SECTNO>
                  <SUBJECT>How does BLM process section 6904 payments?</SUBJECT>
                  <P>(a) The BLM disburses payments to qualified units of general local government provided that the administering agency supplies the following information for each qualified unit of general local government:</P>
                  <P>(1) Acreage or interests in land for which the payments are authorized; and </P>
                  <P>(2) Any other information BLM may require to certify payments to each qualified unit of general local government.</P>
                  <P>(b) BLM only disburses payments for a period of five years from the date the land was conveyed to the United States.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 1881.31</SECTNO>
                  <SUBJECT>How does BLM calculate section 6904 payments?</SUBJECT>
                  <P>BLM calculates payments by determining 1% of the fair market value of the purchased land and comparing the result to the amount of real estate taxes paid on the land in the year prior to Federal acquisition. The payment to qualified units of general local government will be the lesser of the two.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Payments to Local Governments for Interest in Lands in the Redwood National Park or Lake Tahoe Basin (31 U.S.C. 6905)</HD>
                <SECTION>
                  <SECTNO>§ 1881.40</SECTNO>
                  <SUBJECT>How does BLM process section 6905 payments?</SUBJECT>
                  <P>(a) The BLM disburses payments to qualified units of general local government provided the administering agency supplies the following information for each qualified unit of general local government:</P>
                  <P>(1) Acreage or interests in land for which the payments are authorized; and </P>
                  <P>(2) Any other information BLM may require to certify payments to each qualified unit of general local government.</P>
                  <P>(b) BLM disburses payments until 5% of the fair market value is paid in full.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 1881.41</SECTNO>
                  <SUBJECT>How does BLM calculate section 6905 payments?</SUBJECT>
                  <P>(a) BLM calculates payments by determining 1% of the fair market value of the purchased land and comparing the result to the amount of real estate taxes paid on the land in the year prior to Federal acquisition. The payment to qualified units of general local government will be the lesser of the two.</P>
                  <P>(b) BLM disburses payments annually for a period of five years beginning in the year immediately following the year of Federal acquisition of the land or interest. The difference, if any, between the amounts actually paid during each of the five years and 1% of the fair market value will be deferred to future years. However, a payment or any portion of a payment not paid because Congress appropriated insufficient monies will not be deferred. BLM will begin annual payment of the deferred amount (calculated the same as in paragraph (a) of this section) starting with the sixth fiscal year following Federal acquisition. BLM disburses payment of the deferred amount until the total amount deferred during the first five years is paid in full.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">State and Local Governments' Responsibilities After BLM Distributes PILT Payments</HD>
                <SECTION>
                  <SECTNO>§ 1881.50</SECTNO>
                  <SUBJECT>What are the local governments' responsibilities after receiving sections 6902, 6904, and 6905 PILT payments?</SUBJECT>
                  <P>(a) The local government may use section 6902 payments for any governmental purpose.</P>

                  <P>(b) Within 90 days of receiving sections 6904 and 6905 payments, the local government must distribute the funds to the affected units of general local government and affected school districts. The affected units of general <PRTPAGE P="49"/>local government and school districts may use sections 6904 and 6905 payments for any governmental purpose.</P>
                  <P>(c) The local government must distribute sections 6904 and 6905 payments in proportion to the tax revenues assessed and levied by the affected units of general local government and school districts in the Federal fiscal year before the Federal Government acquired the entitlement lands. The Redwoods Community College District in California is an affected school district for this purpose.</P>
                  <P>(d) Within 120 days of receiving payments, the local government must certify to BLM that it has made an appropriate distribution of funds.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 1881.51</SECTNO>
                  <SUBJECT>Are there general procedures applicable to all PILT payments?</SUBJECT>
                  <P>(a) The minimum payment that the BLM will disburse to any unit of general local government is $100.00 (one hundred dollars).</P>
                  <P>(b) If Congress appropriates insufficient monies to provide full payment to each unit of general local government during any fiscal year, the BLM will reduce proportionally all payments in that fiscal year.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 1881.52</SECTNO>
                  <SUBJECT>May a State enact legislation to reallocate or redistribute PILT payments?</SUBJECT>
                  <P>A State may enact legislation to reallocate or redistribute PILT payments. If a State does enact legislation, it must:</P>
                  <P>(a) Notify the BLM if it enacts legislation which requires reallocating or redistributing payments to smaller units of general local government (see 31 U.S.C. 6907);</P>
                  <P>(b)Provide the BLM a copy of the legislation within 60 days of enactment;</P>
                  <P>(c) provide the name and address of the State government office to which BLM should send the payment;</P>
                  <P>(d) distribute to its smaller units of general local government within 30 days of receiving the payment; and</P>
                  <P>(e) not reduce the payment made to smaller units of general local government to pay the cost of State legislation which reallocates or redistributes payments.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 1881.53</SECTNO>
                  <SUBJECT>What is BLM's procedure on PILT payments to a State that enacts distribution legislation?</SUBJECT>
                  <P>The BLM would:</P>
                  <P>(a) Notify the State that a single payment will be disbursed to the designated State government office beginning with the Federal fiscal year following the fiscal year in which the State enacted legislation; and</P>
                  <P>(b) Provide the State with appropriate information that identifies the entitlement lands data on which BLM bases the payment.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 1881.54</SECTNO>
                  <SUBJECT>What happens if a State repeals or amends distribution legislation?</SUBJECT>
                  <P>(a) The State must immediately notify the BLM in writing that it has repealed or amended the legislation and furnish BLM with a copy of the new law.</P>
                  <P>(b) The BLM must:</P>
                  <P>(1) Determine if the State's process complies with 31 U.S.C. 6907. If BLM determines that it does not, we must notify the designated State government office that BLM will disburse payment directly to eligible units of general local government; and</P>
                  <P>(2) Start the payments with the Federal fiscal year in which the BLM receives a copy of the State's amendatory legislation. If BLM receives a copy of the legislation after July 1, payments made directly to eligible units of general local government will not begin until the next Federal fiscal year.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 1881.55</SECTNO>
                  <SUBJECT>Can a unit of general local government protest the results of payment computations?</SUBJECT>
                  <P>Any affected unit of general local government may file a protest with the BLM.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 1881.56</SECTNO>
                  <SUBJECT>How does a unit of general local government file a protest?</SUBJECT>
                  <P>The protesting unit of general local government must:</P>
                  <P>(a) Submit evidence to indicate the possibility of error(s) in the computations or the data on which BLM bases the computations; and</P>

                  <P>(b) File the protest by the first business day of the calendar year following <PRTPAGE P="50"/>the end of the fiscal year for which BLM made the payments.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 1881.57</SECTNO>
                  <SUBJECT>Can a unit of general local government appeal a rejection of a protest?</SUBJECT>
                  <P>Any affected unit of general local government may appeal BLM's decision to reject a protest to the Interior Board of Land Appeals under the provisions of 43 CFR part 4.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 1882—Mineral Development Impact Relief Loans</HD>
              <AUTH>
                <HD SOURCE="HED">Authority: </HD>
                <P>Sec. 317(c), Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1740) (90 Stat. 2767).</P>
              </AUTH>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>43 FR 57887, Dec. 11, 1978, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 1882.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <P>The purpose of this subpart is to establish procedures to be followed in the implementation of a program under section 317 of the Federal Land Policy and Management Act to make loans to qualified States and their political subdivisions.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1882.0-2</SECTNO>
                <SUBJECT>Objective.</SUBJECT>
                <P>The objective of the program is to provide financial relief through loans to those States and their political subdivisions that are experiencing adverse social and economic impacts as a result of the development of Federal mineral deposits leased under the provisions of the Act of February 25, 1920, as amended.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1882.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>

                <P>Section 317(c) of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1744), authorizes the Secretary of the Interior to make loans to States and their political subdivisions to relieve social or economic impacts resulting from the development of Federal minerals leased under the Act of February 25, 1920 (30 U.S.C. 181 <E T="03">et seq.</E>).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1882.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>As used in this subpart, the term:</P>
                <P>(a) <E T="03">Secretary</E> means the Secretary of the Interior.</P>
                <P>(b) <E T="03">Director</E> means the Director, Bureau of Land Management.</P>
                <P>(c) <E T="03">Act</E> means the Act of February 25, 1920, as amended (30 U.S.C. 181).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1882.1</SECTNO>
                <SUBJECT>Loan fund, general.</SUBJECT>
                <P>Funds appropriated by Congress for loans for relief of adverse social and economic impacts resulting from the development of Federal mineral deposits leased and developed under the Act may be loaned to those States and their political subdivisions who qualify under this subpart. Such loans may be used for: (a) Planning, (b) construction and maintenance of public facilities, and (c) provisions for public services.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1882.2</SECTNO>
                <SUBJECT>Qualifications.</SUBJECT>
                <P>(a) Any State receiving payments from the Federal Government under the provisions of section 35 of the Act or any political subdivision of such a State that can document to the satisfaction of the Director that it has suffered or will suffer adverse social and economic impacts as a result of the leasing and development of Federal mineral deposits under the provisions of the Act shall be considered qualified to receive loans made under this subpart.</P>
                <P>(b) A loan to a qualified political subdivision of a State receiving payment from the Federal Government under the provisions of section 35 of the Act shall be conditioned upon a showing of proof, satisfactory to the Director, by the political subdivision that it has legal authority to pledge funds payable to the State under section 35 of the Act in sufficient amounts to secure the payment of the loan.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1882.3</SECTNO>
                <SUBJECT>Application procedures.</SUBJECT>
                <P>No later than October 1 of the fiscal year in which a loan is to be made, the State or its political subdivision shall submit to the Director a letter signed by the authorized agent requesting a loan. The authorized agent shall furnish proof of authority to act for the State or political subdivision with the application. Such letter shall constitute a formal application for a loan under this subpart and shall contain the following:</P>

                <P>(a) The name of the State or political subdivision requesting the loan.<PRTPAGE P="51"/>
                </P>
                <P>(b) The amount of the loan requested.</P>
                <P>(c) The name, address, and position of the person in the State or political subdivision who is to serve as contact on all matters concerning the loan.</P>
                <P>(d) A description and documentation of the adverse social and economic impacts suffered as a result of the leasing and development of Federal mineral deposits.</P>
                <P>(e) An analysis and documentation of the additional expenses generated as a result of the leasing and development of Federal minerals.</P>
                <P>(f) Proposed uses of the funds derived from the loan.</P>
                <P>(g) Evidence that the loan and repayment provisions are authorized by State law.</P>
                <P>(h) The Director may request any additional information from the applicant that is needed to properly act on the loan application. The applicant shall furnish such additional information in any form acceptable to the applicant and the Director. No loan shall be granted unless such additional information is timely received by the Director.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1882.4</SECTNO>
                <SUBJECT>Allocation of funds.</SUBJECT>
                <P>If applications for loans exceed the funds appropriated for such purpose, loans shall be allocated among the States and their political subdivisions in a fair and equitable manner, after consultation with the Governors of the affected States, giving priority to those States and political subdivisions suffering the most severe social and economic impacts. The allocation of funds under this section shall be the final action of the Department of the Interior.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1882.5</SECTNO>
                <SUBJECT>Terms and conditions.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1882.5-1</SECTNO>
                <SUBJECT>Tenure of loan.</SUBJECT>
                <P>Loans shall be for a period not to exceed 10 years. Loan documents shall include a schedule of repayment showing the amount of the principal and interest due on each installment.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1882.5-2</SECTNO>
                <SUBJECT>Interest rate.</SUBJECT>
                <P>Loans shall bear interest at a rate equivalent to the lowest interest rate paid on an issue of at least $1 million of bonds exempt from Federal taxes of the applicant State or any agency thereof within the calendar year immediately preceding the year of the loan. Proof of each rate shall be furnished by an applicant with its application.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1882.5-3</SECTNO>
                <SUBJECT>Limitation on amount of loans.</SUBJECT>
                <P>Total outstanding loans under this program for qualified States or their political subdivisions shall not exceed the total amount of the qualified State's projected mineral revenues under the Act for the 10 years following. The total outstanding loans shall be the sum of the unpaid balance on all such loans made to a qualified State and all of its qualified political subdivisions.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1882.5-4</SECTNO>
                <SUBJECT>Loan repayment.</SUBJECT>
                <P>Loan repayment shall be by withholding mineral revenues payable to the qualified State for itself or its political subdivisions under the Act until the full amount of the loan and interest have been recovered.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1882.5-5</SECTNO>
                <SUBJECT>Security for a loan.</SUBJECT>
                <P>The only security for loans made under this subpart shall be the mineral revenues received by a qualified State or its political subdivisions under the Act. Loans made under this subpart shall not constitute an obligation upon the general property or taxing authority of the qualified recipient.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1882.5-6</SECTNO>
                <SUBJECT>Use of loan.</SUBJECT>
                <P>A loan made under this subpart may be used for the non-Federal share of the aggregate cost of any project or program otherwise funded by the Federal Government which requires a non-Federal share for such project or program and which provides planning or public facilities otherwise eligible for assistance under the Act.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1882.5-7</SECTNO>
                <SUBJECT>Nondiscrimination.</SUBJECT>
                <P>No person shall, on the grounds of race, color, religion, national origin or sex be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or part with funds made available under this subpart.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="52"/>
                <SECTNO>§ 1882.5-8</SECTNO>
                <SUBJECT>Additional terms and conditions.</SUBJECT>
                <P>The Director may impose any terms and conditions that he determines necessary to assure the achievement of the purpose of the loans made under this subsection.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1882.6</SECTNO>
                <SUBJECT>Loan renegotiation.</SUBJECT>
                <P>The Secretary may, upon application of a qualified State or one of its qualified political subdivisions, take any steps he determines necessary and justified by the failure of anticipated mineral development or related revenues to materialize as expected when the loan was made under this subpart to renegotiate the loan, including restructuring of the loan. All applications submitted under this section shall set forth in detail the basis for the renegotiation of the loan. The renegotiated loan shall meet the requirements of this subpart to the extent possible.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 1882.7</SECTNO>
                <SUBJECT>Inspection and audit.</SUBJECT>
                <P>Upon receipt of a loan under this subpart, the grantee of the loan shall establish accounts and related records necessary to record the transactions relating to receipt and disposition of such loan. These accounts and related records shall be sufficiently detailed to provide an adequate inspection and audit by the Secretary and the Comptroller General of the United States. The loan funds shall not be commingled with other funds of the recipient.</P>
              </SECTION>
            </SUBPART>
          </PART>
        </SUBCHAP>
        <SUBCHAP TYPE="P">
          <PRTPAGE P="53"/>
          <HD SOURCE="HED">SUBCHAPTER B—LAND RESOURCE MANAGEMENT (2000)</HD>
          <TEXT>
            <HD SOURCE="HED1">Group 2000—Land Resource Management; General</HD>
          </TEXT>
          <PART>
            <EAR>Pt. 2090</EAR>
            <HD SOURCE="HED">PART 2090—SPECIAL LAWS AND RULES</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2091—Segregation and Opening of Lands</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2091.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <SECTNO>2091.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2091.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>2091.0-7</SECTNO>
                <SUBJECT>Principles.</SUBJECT>
                <SECTNO>2091.1</SECTNO>
                <SUBJECT>Action on applications and mining claims.</SUBJECT>
                <SECTNO>2091.2</SECTNO>
                <SUBJECT>Segregation and opening resulting from publication of a Notice of Realty Action.</SUBJECT>
                <SECTNO>2091.2-1</SECTNO>
                <SUBJECT>Segregation.</SUBJECT>
                <SECTNO>2091.2-2</SECTNO>
                <SUBJECT>Opening.</SUBJECT>
                <SECTNO>2091.3</SECTNO>
                <SUBJECT>Segregation and opening resulting from a proposal or application.</SUBJECT>
                <SECTNO>2091.3-1</SECTNO>
                <SUBJECT>Segregation.</SUBJECT>
                <SECTNO>2091.3-2</SECTNO>
                <SUBJECT>Opening.</SUBJECT>
                <SECTNO>2091.4</SECTNO>
                <SUBJECT>Segregation and opening resulting from the allowance of entries, leases, grants or contracts.</SUBJECT>
                <SECTNO>2091.4-1</SECTNO>
                <SUBJECT>Segregation and opening: Desert-land entries and Indian allotments.</SUBJECT>
                <SECTNO>2091.4-2</SECTNO>
                <SUBJECT>Segregation and opening: Airport leases and grants.</SUBJECT>
                <SECTNO>2091.4-3</SECTNO>
                <SUBJECT>Segregation and opening: Carey Act.</SUBJECT>
                <SECTNO>2091.5</SECTNO>
                <SUBJECT>Withdrawals.</SUBJECT>
                <SECTNO>2091.5-1</SECTNO>
                <SUBJECT>Segregation of lands resulting from withdrawal applications filed on or after October 21, 1976.</SUBJECT>
                <SECTNO>2091.5-2</SECTNO>
                <SUBJECT>Segregation of lands resulting from withdrawal applications filed prior to October 21, 1976.</SUBJECT>
                <SECTNO>2091.5-3</SECTNO>
                <SUBJECT>Segregative effect and opening: Emergency withdrawals.</SUBJECT>
                <SECTNO>2091.5-4</SECTNO>
                <SUBJECT>Segregative effect and opening: Water power withdrawals.</SUBJECT>
                <SECTNO>2091.5-5</SECTNO>
                <SUBJECT>Segregative effect and opening: Federal Power Act withdrawals.</SUBJECT>
                <SECTNO>2091.5-6</SECTNO>
                <SUBJECT>Congressional withdrawals and opening of lands.</SUBJECT>
                <SECTNO>2091.6</SECTNO>
                <SUBJECT>Opening of withdrawn lands: General.</SUBJECT>
                <SECTNO>2091.7</SECTNO>
                <SUBJECT>Segregation and opening of lands classified for a specific use.</SUBJECT>
                <SECTNO>2091.7-1</SECTNO>
                <SUBJECT>Segregative effect and opening: Classifications.</SUBJECT>
                <SECTNO>2091.7-2</SECTNO>
                <SUBJECT>Segregative effect and opening: Taylor Grazing Act.</SUBJECT>
                <SECTNO>2091.8</SECTNO>
                <SUBJECT>Status of gift lands.</SUBJECT>
                <SECTNO>2091.9</SECTNO>
                <SUBJECT>Segregation and opening resulting from laws specific to Alaska.</SUBJECT>
                <SECTNO>2091.9-1</SECTNO>
                <SUBJECT>Alaska Native selections.</SUBJECT>
                <SECTNO>2091.9-2</SECTNO>
                <SUBJECT>Selections by the State of Alaska.</SUBJECT>
                <SECTNO>2091.9-3</SECTNO>
                <SUBJECT>Lands in Alaska under grazing lease.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2094—Special Resource Values; Shore Space</HD>
                <SECTNO>2094.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2094.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>2094.1</SECTNO>
                <SUBJECT>Methods of measuring; restrictions.</SUBJECT>
                <SECTNO>2094.2</SECTNO>
                <SUBJECT>Waiver of 160-rod limitation.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>16 U.S.C. 3124; 30 U.S.C. 189; 43 U.S.C. 322, 641, 1201, 1624, 1740.</P>
            </AUTH>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2091—Segregation and Opening of Lands</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>52 FR 12175, Apr. 15, 1987, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2091.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <P>The purpose of this subpart is to provide a general restatement of the regulatory provisions in title 43 of the Code of Federal Regulations dealing with the segregation and opening of public lands administered by the Secretary of the Interior through the Bureau of Land Management and summarize the existing procedures covering opening and closing of lands as they relate to the filing of applications. The provisions of this subpart do not replace or supersede any provisions of title 43 covering opening and closing of public lands.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>

                <P>Section 2478 of the Revised Statutes (43 U.S.C. 1201), sections 2275 and 2276 of the Revised Statutes (43 U.S.C. 851, 852), the Recreation and Public Purposes Act, as amended (43 U.S.C. 869 <E T="03">et seq.</E>), section 4 of the Act of August 18, 1894, as amended (43 U.S.C. 641 <E T="03">et seq.</E>), the Act of March 3, 1877 (43 U.S.C. 321-323), as amended by the Act of March 3, 1891 (43 U.S.C. 231, 321, 323, 325, 327-329), section 4 of the General Allotment Act of February 8, 1887 (25 U.S.C. 334), as amended by the Act of February 28, 1891 (26 Stat. 794) and section 17 of the Act of June 25 1910 (25 U.S.C. 336), the Act of March 20, 1922, as amended (16 U.S.C. 485), the Act of July 7, 1958 (72 Stat. 339-340), the Act of January 21, 1929, as supplemented (43 U.S.C. 852 <PRTPAGE P="54"/>Note), section 24 of the Federal Power Act, as amended (16 U.S.C. 818), section 7 of the Act of June 28, 1934, as amended (43 U.S.C. 315f), the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601 <E T="03">et seq.</E>), the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 <E T="03">et seq.</E>) and the Federal Land Policy and Management Act of 1976, as amended, (43 U.S.C. 1701 <E T="03">et seq.</E>).</P>
                <CITA>[52 FR 12175, Apr. 15, 1987, as amended at 58 FR 60917, Nov. 18, 1993]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>As used in this subpart, the term:</P>
                <P>(a) <E T="03">Authorized officer</E> means any employee of the Bureau of Land Management who has been delegated the authority to perform the duties described in this subpart.</P>
                <P>(b) <E T="03">Segregation</E> means the removal for a limited period, subject to valid existing rights, of a specified area of the public lands from the operation of some or all of the public land laws, including the mineral laws, pursuant to the exercise by the Secretary of regulatory authority for the orderly administration of the public lands.</P>
                <P>(c) <E T="03">Land</E> or <E T="03">public lands</E> means any lands or interest in lands owned by the United States within the several States and administered by the Secretary of the Interior through the Bureau of Land Management, without regard to how the United States acquired ownership, except: (1) Lands located on the Outer Continental Shelf; and (2) lands held for the benefit of Indians, Aleuts and Eskimos.</P>
                <P>(d) <E T="03">Mineral laws</E> means those laws applicable to the mineral resources administered by the Bureau of Land Management. They include, but are not limited to, the mining laws, the mineral leasing laws, the material disposal laws and the Geothermal Steam Act.</P>
                <P>(e) <E T="03">Public lands records</E> means the Tract Books, Master Title Plats and Historical Indices maintained by the Bureau of Land Management, or automated representation of these books, plats and indices on which are recorded information relating to the status and availability of the public lands. The recorded information may include, but is not limited to, withdrawals, restorations, reservations, openings, classifications applications, segregations, leases, permits and disposals.</P>
                <P>(f) <E T="03">Opening</E> means the restoration of a specified area of public lands to operation of the public land laws, including the mining laws, and, if appropriate, the mineral leasing laws, the material disposal laws and the Geothermal Steam Act, subject to valid existing rights and the terms and provisions of existing withdrawals, reservations, classifications, and management decisions. Depending on the language in the opening order, an opening may restore the lands to the operation of all or some of the public land laws.</P>
                <P>(g) <E T="03">Opening order</E> means an order issued by the Secretary or the authorized officer and published in the <E T="04">Federal Register</E> that describes the lands, the extent to which they are restored to operation of the public land laws and the mineral laws, and the date and time they are available for application, selection, sale, location, entry, claim or settlement under those laws.</P>
                <P>(h) <E T="03">Public land laws</E> means that body of laws dealing with the administration, use and disposition of the public lands, but does not include the mineral laws.</P>
                <P>(i) <E T="03">Revocation</E> means the cancellation of a Public Land Order, but does not restore public lands to operation of the public land laws.</P>
                <P>(j) <E T="03">Secretary</E> means the Secretary of the Interior or a secretarial officer subordinate to the Secretary who has been appointed by the President with the advice and consent of the Senate, and to whom has been delegated the authority of the Secretary to perform the duties described in this part as being performed by the <E T="03">Secretary</E>.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.07</SECTNO>
                <SUBJECT>Principles.</SUBJECT>

                <P>(a) Generally, segregated lands are not available for application, selection, sale, location, entry, claim or settlement under the public land laws, including the mining laws, but may be open to the operation of the discretionary mineral leasing laws, the material disposal laws and the Geothermal Steam Act, if so specified in the document that segregates the lands. The segregation is subject to valid existing <PRTPAGE P="55"/>rights and is, in most cases, for a limited period which is specified in regulations or in the document that segregates the lands. Where there is an administrative appeal or review action on an application pursuant to part 4 or other subparts of this title, the segregative period continues in effect until publication of an opening order.</P>
                <P>(b) Opening orders may be issued at any time but are required when the opening date is not specified in the document creating the segregation, or when an action is taken to terminate the segregative effect and open the lands prior to the specified opening date.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.1</SECTNO>
                <SUBJECT>Action on applications and mining claims.</SUBJECT>
                <P>(a) Except where the law and regulations provide otherwise, all applications shall be accepted for filing. However, applications which are accepted for filing shall be rejected and cannot be held pending possible future availability of the lands or interests in lands, except those that apply to selections made by the State of Alaska under section 906(e) of the Alaska National Interest Land Conservation Act and selections made by Alaska Native Corporations under section 3(e) of the Alaska Native Claims Settlement Act, when approval of the application is prevented by:</P>
                <P>(1) A withdrawal, reservation, classification, or management decision applicable to the lands;</P>
                <P>(2) An allowed entry or selection of lands;</P>
                <P>(3) A lease which grants the lessee exclusive use of the lands;</P>
                <P>(4) Classifications existing under appropriate law:</P>
                <P>(5) Segregation due to an application previously filed under appropriate law and regulations;</P>

                <P>(6) Segregation resulting from a notice of realty action previously published in the <E T="04">Federal Register</E> under appropriate regulations; and</P>
                <P>(7) The fact that, for any reason, the lands have not been made subject to, restored or opened to operation of the public land laws, including the mineral laws.</P>
                <P>(b) Lands may not be appropriated under the mining laws prior to the date and time of restoration and opening. Any such attempted appropriation, including attempted adverse possession under 30 U.S.C. 38, vests no rights against the United States. Actions required to establish a mining claim location and to initiate a right of possession are governed by State laws where those laws are not in conflict with Federal law. The Bureau of Land Management does not intervene in disputes between rival locators over possessory rights because Congress has provided for the resolution of these matters in local courts.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.2</SECTNO>
                <SUBJECT>Segregation and opening resulting from publication of a Notice of Realty Action.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.2-1</SECTNO>
                <SUBJECT>Segregation.</SUBJECT>

                <P>The publication of a Notice of Realty Action in the <E T="04">Federal Register</E> segregates lands that are available for disposal under:</P>
                <P>(a) The Recreation and Public Purposes Act, as amended (43 U.S.C. 869-4), for a period of 18 months (See part 2740 and subpart 2912);</P>
                <P>(b) The sales provisions of section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713) for a period of 270 days (See part 2710).</P>
                <CITA>[52 FR 12175, Apr. 15, 1987, as amended at 58 FR 60917, Nov. 18, 1993]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.2-2</SECTNO>
                <SUBJECT>Opening.</SUBJECT>
                <P>(a) The segregative effect of a Notice of Realty Action automatically terminates either:</P>
                <P>(1) At the end of the periods set out in § 2091.2-1 of this title (See part 2740); or</P>

                <P>(2) As of the date specified in an opening order published in the <E T="04">Federal Register;</E> or</P>
                <P>(3) Upon issuance of a patent or other document of conveyance; whichever occurs first.</P>
                <P>(b) [Reserved]</P>
                <CITA>[52 FR 12175, Apr. 15, 1987, as amended at 58 FR 60917, Nov. 18, 1993; 65 FR 70112, Nov. 21, 2000]</CITA>
              </SECTION>
              <SECTION>
                <PRTPAGE P="56"/>
                <SECTNO>§ 2091.3</SECTNO>
                <SUBJECT>Segregation and opening resulting from a proposal or application.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.3-1</SECTNO>
                <SUBJECT>Segregation.</SUBJECT>
                <P>(a) If a proposal is made to exchange public lands administered by the Bureau of Land Management or lands reserved from the public domain for National Forest System purposes, such lands may be segregated by a notation on the public land records for a period not to exceed 5 years from the date of notation (See 43 CFR 2201.1-2 and 36 CFR 254.6).</P>
                <P>(b) The filing of an application for lands for selection by a State (exclusive of Alaska) segregates the lands included in the application for a period of 2 years from the date the application is filed. (See subparts 2621 and 2622)</P>

                <P>(c) The filing of an application and publication of the notice of the filing of an application in the <E T="04">Federal Register</E> for the purchase of Federally-owned mineral interests under section 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1719) segregates the lands for a period of 2 years from the date of the publication of the notice of filing of the application with the authorized officer. (See part 2720)</P>
                <P>(d) The filing of an application for an airport lease under the Act of May 24, 1928, as amended (49 U.S.C. Appendix 211-213), or the filing of a request for an airport conveyance under the Airport and Airway Improvement Act of 1982 (49 U.S.C. 2215), segregates the lands as of the date of filing with the authorized officer. (See part 2640 and subpart 2911)</P>
                <CITA>[52 FR 12175, Apr. 15, 1987; 52 FR 13563, Apr. 23, 1987, as amended at 58 FR 60917, Nov. 18, 1993]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.3-2</SECTNO>
                <SUBJECT>Opening.</SUBJECT>
                <P>(a) If a proposal or an application described in § 2091.3-1 of this part is not denied, modified, or otherwise terminated prior to the end of the segregative periods set out in § 2091.3-1 of this part, the segregative effect of the proposal or application automatically terminates upon the occurrence of either of the following events, whichever occurs first:</P>
                <P>(1) Issuance of a patent or other document of conveyance to the affected lands; or</P>
                <P>(2) The expiration of the applicable segregation period set out in § 2091.3-1 of this part.</P>

                <P>(b) If the proposal or application described in § 2091.3-1 of this part is denied, modified, or otherwise terminated prior to the end of the segregation periods, the lands shall be opened promptly by publication in the <E T="04">Federal Register</E> of an opening order specifying the date and time of opening.</P>
                <P>(c) Subject to valid existing rights, non-Federal lands acquired through exchange by the United States shall be segregated automatically from appropriation under the public land laws and mineral laws for 90 days after acceptance of title by the United States, and the public land records shall be noted accordingly. Except to the extent otherwise provided by law, the lands shall be open to the operation of the public land laws and mineral laws at midnight 90 days after the day title was accepted unless otherwise segregated pursuant to part 2300 of this title. (See 43 CFR 2201.9(b))</P>
                <CITA>[58 FR 60917, Nov. 18, 1993, as amended at 65 FR 70112, Nov. 21, 2000]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.4</SECTNO>
                <SUBJECT>Segregation and opening resulting from the allowance of entries, leases, grants or contracts.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.4-1</SECTNO>
                <SUBJECT>Segregation and opening: Desert-land entries and Indian allotments.</SUBJECT>
                <P>(a) Lands covered by an application for a desert land entry or Indian allotment become segregated on the date of allowance or approval of entry or allotment by the authorized officer. (See parts 2520 and 2530).</P>

                <P>(b) If an entry or allotment is cancelled or relinquished, the lands become open to the operation of the public land laws by publication in the <E T="04">Federal Register</E> of an opening order which specifies the date and time of opening. (See parts 2520 and 2530).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.4-2</SECTNO>
                <SUBJECT>Segregation and opening: Airport leases and grants.</SUBJECT>

                <P>(a) The issuance of a lease for airport purposes under the authority of the <PRTPAGE P="57"/>Act of May 24, 1928 or a patent or document of conveyance for airport and airway purposes under the authority of the Act of September 3, 1982, as amended (49 U.S.C. 2215), continues to segregate the lands. (See part 2640 and subpart 2911)</P>

                <P>(b) If an airport lease is terminated, the lands are opened by publication in the <E T="04">Federal Register</E> of an opening order which specifies the date and time of opening.</P>
                <P>(c) The lands covered by an airport lease or grant remain open to the operation of the mineral leasing laws, the material disposal laws and the Geothermal Steam Act, but are segregated from the operation of the mining laws pending the issuance of such regulations as the Secretary may prescribe (See part 2640 and subpart 2911).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.4-3</SECTNO>
                <SUBJECT>Segregation and opening: Carey Act.</SUBJECT>

                <P>(a) For lands covered by a Carey Act grant, publication of a notice in the <E T="04">Federal Register</E> that a contract has been signed segregates the lands described in the contract, as of the date of publication of a 10 year period, from operation of the public land laws and the mineral laws as described in the notice. (See part 2610).</P>

                <P>(b) If the contract under the Carey Act is terminated, the lands are opened by publication in the <E T="04">Federal Register</E> of an opening order which specifies the date and time of opening. Preference right of entry to Carey Act entrymen may be provided in accordance with the provisions of subpart 2613 of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.5</SECTNO>
                <SUBJECT>Withdrawals.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.5-1</SECTNO>
                <SUBJECT>Segregation of lands resulting from withdrawal applications filed on or after October 21, 1976.</SUBJECT>
                <P>(a) Publication in the <E T="04">Federal Register</E> of a notice of an application or proposal for withdrawal, as provided in subpart 2310 of this title, segregates the lands described in the withdrawal application or proposal to the extent specified in the notice. The segregative effect becomes effective on the date of publication and extends for a period of 2 years unless sooner terminated as set out below.</P>
                <P>(b) Segregations resulting from applications and proposals filed on or after October 21, 1976, terminate:</P>

                <P>(1) Automatically upon the expiration of a 2 year period from the date of publication in the <E T="04">Federal Register</E> of the notice of the filing of an application or proposal for withdrawal;</P>
                <P>(2) Upon the publication in the <E T="04">Federal Register</E> of a Public Land Order effecting the withdrawal in whole or in part;</P>
                <P>(3) Upon the publication in the <E T="04">Federal Register</E> of a notice denying the withdrawal application or proposal, in whole or in part, giving the date and time the lands shall be open; or</P>
                <P>(4) Publication in the <E T="04">Federal Register</E> of a notice of request for cancellation of a withdrawal application or proposal, in whole or in part, giving the date and time the lands are open.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.5-2</SECTNO>
                <SUBJECT>Segregation of lands resulting from withdrawal applications filed prior to October 21, 1976.</SUBJECT>

                <P>(a)(1) Lands covered by a withdrawal application or withdrawal proposal filed prior to October 21, 1976, were segregated on the date the application was properly filed and remain segregated through October 20, 1991, to the extent specified in notices published in the <E T="04">Federal Register,</E> unless the segregative effect is terminated prior to that date in accordance with procedures in § 2091.5-1 of this title.</P>
                <P>(2) Any amendment made to a withdrawal application filed prior to October 21, 1976, for the purpose of adding lands modifies the term of segregation for all lands covered by the amended application to conform with the provision of § 2091.5-1 of this title.</P>
                <P>(b) Segregations resulting from applications filed under this section terminate in accordance with procedures in § 2091.5-1 of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.5-3</SECTNO>
                <SUBJECT>Segregative effect and opening: Emergency withdrawals.</SUBJECT>

                <P>(a) When the Secretary determines that an emergency exists and extraordinary measures need to be taken to preserve values that would otherwise be lost, a withdrawal is made immediately in accordance with § 2310.5 of this title. Emergency withdrawals are effective on the date the Public Land <PRTPAGE P="58"/>Order making the withdrawal is signed, and cannot exceed 3 years in duration and may not be extended.</P>

                <P>(b) The lands covered by an emergency withdrawal are opened automatically on the date of expiration of the withdrawal unless segregation is effected by the publication in the <E T="04">Federal Register</E> of a notice of a withdrawal application or proposal.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.5-4</SECTNO>
                <SUBJECT>Segregative effect and opening: Water power withdrawals.</SUBJECT>
                <P>(a) Lands covered by powersite reserves, powersite classifications, and powersite designations are considered withdrawn and are segregated from operation of the public land laws, but are not withdrawn and segregated from the operation of the mineral laws.</P>

                <P>(b) These lands may be opened to operation of the public land laws after a revocation or cancellation order issued by the Department of the Interior or after a determination to open the lands is made by the Federal Energy Regulatory Commission under section 24 of the Federal Power Act. (See subpart 2320) Mining claims may be located on such lands under procedures in subpart 3730 of this title. These lands are opened by publication in the <E T="04">Federal Register</E> of an opening order specifying the extent, date and time of opening.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.5-5</SECTNO>
                <SUBJECT>Segregative effect and opening: Federal Power Act withdrawals.</SUBJECT>
                <P>(a)(1) The filing of an application for a power project with the Federal Energy Regulatory Commission withdraws the lands covered by the application from the operation of the public land laws; however, the lands remain open to the location, lease or disposal of the mineral estate.</P>
                <P>(2) The issuance of a permit or license for a project by the Federal Energy Regulatory Commission withdraws the lands from the operation of the mining laws. (See part 3730).</P>
                <P>(b) Lands withdrawn under section 24 of the Federal Power Act remain withdrawn until the withdrawal is vacated and the lands opened by proper authority.</P>
                <P>(c) After a withdrawal has been vacated, the lands are opened to the operation of the public land laws by notation of the lands records to that effect.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.5-6</SECTNO>
                <SUBJECT>Congressional withdrawals and opening of lands.</SUBJECT>

                <P>(a) Congressional withdrawals become effective and are terminated as specified in the statute making the withdrawal. If the statute does not specify the date, duration and extent of segregation, the Secretary shall publish in the <E T="04">Federal Register</E> a Public Land Order so specifying.</P>

                <P>(b) If the statute does not specify when and to what extent the lands are to be opened, the Secretary publishes in the <E T="04">Federal Register</E> an opening order so specifying.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.6</SECTNO>
                <SUBJECT>Opening of withdrawn lands: General.</SUBJECT>

                <P>The term of a withdrawal ends upon expiration under its own terms, or upon revocation or termination by the Secretary by publication in the <E T="04">Federal Register</E> of a Public Land Order. Lands included in a withdrawal that is revoked, terminates or expires do not automatically become open, but are opened through publication in the <E T="04">Federal Register</E> of an opening order. An opening order may be incorporated in a Public Land Order that revokes or terminates a withdrawal or may be published in the <E T="04">Federal Register</E> as a separate document. In each case, the opening order specifies the time, date and specific conditions under which the lands are opened. (See subpart 2310.)</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.7</SECTNO>
                <SUBJECT>Segregation and opening of lands classified for a specific use.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.7-1</SECTNO>
                <SUBJECT>Segregative effect and opening: Classifications.</SUBJECT>
                <P>(a)(1) Lands classified under the authority of the Recreation and the Public Purposes Act, as amended (43 U.S.C. 869-4), and the Small Tract Act (43 U.S.C. 682a) are segregated from the operation of the public land laws, including the mining laws, but not the mineral leasing laws, the material disposal laws, and the Geothermal Steam Act, except as provided in the notice of realty action.</P>

                <P>(2) Lands classified under the authority of the Classification and Multiple <PRTPAGE P="59"/>Use Act (43 U.S.C. 1411-18) are segregated to the extent described in the notice of classification.</P>
                <P>(b) The segregative effect of the classification described in § 2091.7-1 of this title terminates and the lands are opened under the following procedures:</P>

                <P>(1) Recreation and Public Purposes Act classifications; (i) Made after the effective date of these regulations terminate and the lands automatically become open at the end of the 18-month period of segregation specified in part 2740 of this title, unless an application is filed; (ii) made prior to the effective date of these regulations where the 18-month period of segregation specified in part 2740 of this title is in effect on the effective date of these regulations, expire and the lands automatically become open at the end of the 18-month period of segregation unless an application is filed; (iii) made prior to the effective date on these regulations where the 18-month period of segregation has expired prior to the effective date of these regulations, terminate by publication in the <E T="04">Federal Register</E> of an opening order specifying the date and time of opening.</P>

                <P>(2) Small Tract Act classifications terminate by publication in the <E T="04">Federal Register</E> of an opening order specifying the date and time of opening.</P>

                <P>(3) Classification and Multiple Use Act classification shall be terminated by publication in the <E T="04">Federal Register</E> of an opening order specifying the date and time of opening.</P>
                <CITA>[52 FR 12175, Apr. 15, 1987; 52 FR 36575, Sept. 30, 1987]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.7-2</SECTNO>
                <SUBJECT>Segregative effect and opening: Taylor Grazing Act.</SUBJECT>

                <P>Lands classified under section 7 of the Act of June 28, 1934, as amended (43 U.S.C. 315f), are segregated to the extent described in the classification notice. The segregative effect for Desert Land entries, Indian allotments, State selections (exclusive of Alaska) and Carey Act grants made after the effective date of these regulations remains in effect until terminated by publication in the <E T="04">Federal Register</E> of an opening order specifying the date and time of opening or upon issuance of a patent or other document of conveyance,</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.8</SECTNO>
                <SUBJECT>Status of gift lands.</SUBJECT>
                <P>Upon acceptance by the United States, through the Secretary of the Interior, of a deed of conveyance as a gift, the lands or interests so conveyed will become property of the United States but will not become subject to applicable land and mineral laws of this title unless and until an order to that effect is issued by BLM.</P>
                <CITA>[62 FR 52036, Oct. 6, 1997]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.9</SECTNO>
                <SUBJECT>Segregation and opening resulting from laws specific to Alaska.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.9-1</SECTNO>
                <SUBJECT>Alaska Native selections.</SUBJECT>

                <P>The segregation and opening of lands authorized for selection and selected by Alaska Natives under the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601 <E T="03">et seq.</E>), are covered by part 2650 of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.9-2</SECTNO>
                <SUBJECT>Selections by the State of Alaska.</SUBJECT>
                <P>The segregation and opening of lands authorized for selection and selected by the State of Alaska under the various statutes granting lands to the State of Alaska are covered by subpart 2627 of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2091.9-3</SECTNO>
                <SUBJECT>Lands in Alaska under grazing lease.</SUBJECT>
                <P>The segregation and opening of lands covered by the Act of March 4, 1927 (43 U.S.C. 316, 316a-316o) are covered by part 4200 of this title.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2094—Special Resource Values; Shore Space</HD>
              <AUTH>
                <HD SOURCE="HED">Authority: </HD>
                <P>R.S. 2478, secs. 4, 5, 69 Stat. 444; 43 U.S.C. 1201, 48 U.S.C. 462 note.</P>
              </AUTH>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9540, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2094.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>

                <P>Section 1 of the Act of May 14, 1898 (30 Stat. 409) as amended by the Acts of March 3, 1903 (32 Stat. 1028) and August 3, 1955 (69 Stat. 444; 48 U.S.C. 371) provides that no entry shall be allowed extending more than 160 rods along the shore of any navigable water. Section <PRTPAGE P="60"/>10 of the Act of May 14, 1898, as amended by the Acts of March 3, 1927 (44 Stat. 1364), May 26, 1934 (48 Stat. 809), and August 3, 1955 (69 Stat. 444), provides that trade and manufacturing sites, rights-of-way for terminals and junction points, and homesites and headquarters sites may not extend more than 80 rods along the shores of any navigable water.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2094.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>The term <E T="03">navigable waters</E> is defined in section 2 of the Act of May 14, 1898 (30 Stat. 409; 48 U.S.C. 411), to include all tidal waters up to the line of ordinary high tide and all nontidal waters navigable in fact up to the line of ordinary highwater mark.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2094.1</SECTNO>
                <SUBJECT>Methods of measuring; restrictions.</SUBJECT>
                <P>(a) In the consideration of applications to enter lands shown upon plats of public surveys in Alaska, as abutting upon navigable waters, the restriction as to length of claims shall be determined as follows: The length of the water front of a subdivision will be considered as represented by the longest straight-line distance between the shore corners of the tract, measured along lines parallel to the boundaries of the subdivision; and the sum of the distances of each subdivision of the application abutting on the water, so determined, shall be considered as the total shore length of the application. Where, so measured, the excess of shore length is greater than the deficiency would be if an end tract or tracts were eliminated, such tract or tracts shall be excluded, otherwise the application may be allowed if in other respects proper.</P>
                <P>(b) The same method of measuring shore space will be used in the case of special surveys, where legal subdivisions of the public lands are not involved.</P>

                <P>(c) The following sketch shows the method of measuring the length of shore space, the length of line <E T="03">A</E> or line <E T="03">B</E>, whichever is the longer, representing the length of shore space which is chargeable to the tract:</P>
                <GPH DEEP="74" SPAN="1">
                  <GID>EC01FE91.076</GID>
                </GPH>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2094.2</SECTNO>
                <SUBJECT>Waiver of 160-rod limitation.</SUBJECT>
                <P>(a) The Act of June 5, 1920 (41 Stat. 1059; 48 U.S.C. 372) provides that the Secretary of the Interior in his discretion, may upon application to enter or otherwise, waive the restriction that no entry shall be allowed extending more than 160 rods along the shore of any navigable waters as to such lands as he shall determine are not necessary for harborage, landing, and wharf purposes. The act does not authorize the waiver of the 80-rod restriction, mentioned in § 2094.0-3.</P>
                <P>(b) Except as to trade and manufacturing sites, and home and headquarters sites, any applications to enter and notices of settlement which cover lands extending more than 160 rods along the shore of any navigable water will be considered as a petition for waiver of the 160-rod limitation mentioned in paragraph (a) of this section, provided that it is accompanied by a showing that the lands are not necessary for harborage, landing and wharf purposes and that the public interests will not be injured by waiver of the limitation.</P>
                <HD SOURCE="HED1">Group 2100—Acquisitions</HD>
                <HD SOURCE="HED1">Group 2200—Exchanges</HD>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2200</EAR>
            <HD SOURCE="HED">PART 2200—EXCHANGES: GENERAL PROCEDURES</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2200—Exchanges—General</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2200.0-2</SECTNO>
                <SUBJECT>Objective.</SUBJECT>
                <SECTNO>2200.0-4</SECTNO>
                <SUBJECT>Responsibilities.</SUBJECT>
                <SECTNO>2200.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>2200.0-6</SECTNO>
                <SUBJECT>Policy.</SUBJECT>
                <SECTNO>2200.0-7</SECTNO>
                <SUBJECT>Scope.</SUBJECT>
                <SECTNO>2200.0-9</SECTNO>
                <SUBJECT>Information collection.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <PRTPAGE P="61"/>
                <HD SOURCE="HED">Subpart 2201—Exchanges—Specific Requirements</HD>
                <SECTNO>2201.1</SECTNO>
                <SUBJECT>Agreement to initiate an exchange.</SUBJECT>
                <SECTNO>2201.1-1</SECTNO>
                <SUBJECT>Assembled land exchanges.</SUBJECT>
                <SECTNO>2201.1-2</SECTNO>
                <SUBJECT>Segregative effect.</SUBJECT>
                <SECTNO>2201.1-3</SECTNO>
                <SUBJECT>Assumption of costs.</SUBJECT>
                <SECTNO>2201.2</SECTNO>
                <SUBJECT>Notice of exchange proposal.</SUBJECT>
                <SECTNO>2201.3</SECTNO>
                <SUBJECT>Appraisals.</SUBJECT>
                <SECTNO>2201.3-1</SECTNO>
                <SUBJECT>Appraiser qualifications.</SUBJECT>
                <SECTNO>2201.3-2</SECTNO>
                <SUBJECT>Market value.</SUBJECT>
                <SECTNO>2201.3-3</SECTNO>
                <SUBJECT>Appraisal report standards.</SUBJECT>
                <SECTNO>2201.3-4</SECTNO>
                <SUBJECT>Appraisal review.</SUBJECT>
                <SECTNO>2201.4</SECTNO>
                <SUBJECT>Bargaining; arbitration.</SUBJECT>
                <SECTNO>2201.5</SECTNO>
                <SUBJECT>Exchanges at approximately equal value.</SUBJECT>
                <SECTNO>2201.6</SECTNO>
                <SUBJECT>Value equalization; cash equalization waiver.</SUBJECT>
                <SECTNO>2201.7</SECTNO>
                <SUBJECT>Approval of exchanges.</SUBJECT>
                <SECTNO>2201.7-1</SECTNO>
                <SUBJECT>Notice of decision.</SUBJECT>
                <SECTNO>2201.7-2</SECTNO>
                <SUBJECT>Exchange agreement.</SUBJECT>
                <SECTNO>2201.8</SECTNO>
                <SUBJECT>Title standards.</SUBJECT>
                <SECTNO>2201.9</SECTNO>
                <SUBJECT>Case closing.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2203—Exchanges Involving Fee Federal Coal Deposits</HD>
                <SECTNO>2203.0-6</SECTNO>
                <SUBJECT>Policy.</SUBJECT>
                <SECTNO>2203.0-9</SECTNO>
                <SUBJECT>Cross references.</SUBJECT>
                <SECTNO>2203.1</SECTNO>
                <SUBJECT>Opportunity for public comment and public meeting on exchange proposal.</SUBJECT>
                <SECTNO>2203.2</SECTNO>
                <SUBJECT>Submission of information concerning proposed exchange.</SUBJECT>
                <SECTNO>2203.3</SECTNO>
                <SUBJECT>Public meeting.</SUBJECT>
                <SECTNO>2203.4</SECTNO>
                <SUBJECT>Consultation with the Attorney General.</SUBJECT>
                <SECTNO>2203.5</SECTNO>
                <SUBJECT>Action on advice of the Attorney General.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority: </HD>
              <P>43 U.S.C. 1716, 1740.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source: </HD>
              <P>46 FR 1638, Jan. 6, 1981, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2200—Exchanges—General</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>58 FR 60918, Nov. 18, 1993, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2200.0-2</SECTNO>
                <SUBJECT>Objective.</SUBJECT>
                <P>The objective is to encourage and expedite the exchange of Federal lands for non-Federal lands, found to be in the public interest, in accordance with applicable statutory policies, standards and requirements.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2200.0-4</SECTNO>
                <SUBJECT>Responsibilities.</SUBJECT>
                <P>The Director of the Bureau of Land Management has the responsibility of carrying out the functions of the Secretary of the Interior under these regulations.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2200.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>As used in this part:</P>
                <P>(a) <E T="03">Adjustment to relative values</E> means compensation for exchange-related costs, or other responsibilities or requirements assumed by one party, which ordinarily would be borne by the other party. These adjustments do not alter the agreed upon value of the lands involved in an exchange.</P>
                <P>(b) <E T="03">Agreement to initiate</E> means a written, nonbinding statement of present intent to initiate and pursue an exchange, which is signed by the parties and which may be amended by the written consent of the parties or terminated at any time upon written notice by any party.</P>
                <P>(c) <E T="03">Appraisal or Appraisal report</E> means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion as to the market value of the lands or interests in lands as of a specific date(s), supported by the presentation and analysis of relevant market information.</P>
                <P>(d) <E T="03">Approximately equal value</E> determination means a decision that the lands involved in an exchange have readily apparent and substantially similar elements of value, such as location, size, use, physical characteristics, and other amenities.</P>
                <P>(e) <E T="03">Arbitration</E> means a process to resolve a disagreement among the parties as to appraised value, performed by an arbitrator appointed by the Secretary from a list recommended by the American Arbitration Association.</P>
                <P>(f) <E T="03">Assembled land exchange</E> means the consolidation of multiple parcels of Federal and/or non-Federal lands for purposes of one or more exchange transactions over a period of time.</P>
                <P>(g) <E T="03">Authorized officer</E> means any employee of the Bureau of Land Management who has been delegated the authority and responsibility to make decisions and perform the duties described in this part.</P>
                <P>(h) <E T="03">Bargaining</E> means a process, other than arbitration, by which parties attempt to resolve a dispute concerning the appraised value of the lands involved in an exchange.</P>
                <P>(i) <E T="03">Federal lands</E> means any lands or interests in lands, such as mineral or timber interests, that are owned by the <PRTPAGE P="62"/>United States and administered by the Secretary of the Interior through the Director of the Bureau of Land Management, without regard to how the United States acquired ownership, except: (1) Lands located on the Outer Continental Shelf; and (2) lands held for the benefit of Indians, Aleuts and Eskimos.</P>
                <P>(j) <E T="03">Hazardous substances</E> means those substances designated under Environmental Protection Agency regulations at 40 CFR part 302.</P>
                <P>(k) <E T="03">Highest and best use</E> means the most probable legal use of a property, based on market evidence as of the date of valuation, expressed in an appraiser's supported opinion.</P>
                <P>(l) <E T="03">Lands</E> means any land and/or interests in land.</P>
                <P>(m) <E T="03">Ledger account</E> means an accounting mechanism that tracks the differential in dollar value of lands conveyed throughout a series of transactions. A ledger reports each transaction by date, value of Federal land, value of non-Federal land, the difference between these values upon completion of each transaction, and a cumulative balance and differential.</P>
                <P>(n) <E T="03">Market value</E> means the most probable price in cash, or terms equivalent to cash, that lands or interests in lands should bring in a competitive and open market under all conditions requisite to a fair sale, where the buyer and seller each acts prudently and knowledgeably, and the price is not affected by undue influence.</P>
                <P>(o) <E T="03">Mineral laws</E> means the mining laws, mineral leasing laws, and the Geothermal Steam Act, but not the Materials Sales Act, administered by the Secretary of the Interior through the Bureau of Land Management.</P>
                <P>(p) <E T="03">Outstanding interests</E> means rights or interests in property held by an entity other than a party to an exchange.</P>
                <P>(q) <E T="03">Party</E> means the United States or any person, State or local government who enters into an agreement to initiate an exchange.</P>
                <P>(r) <E T="03">Person</E> means any individual, corporation, or other legal entity legally capable to hold title to and convey land. An individual must be a citizen of the United States and a corporation must be subject to the laws of the United States or of the State where the land is located or the corporation is incorporated.</P>
                <P>(s) <E T="03">Public land laws</E> means that body of general land laws administered by the Secretary of the Interior through the Bureau of Land Management, excepting, however, the mineral laws.</P>
                <P>(t) <E T="03">Reserved interest</E> means an interest in real property retained by a party from a conveyance of the title to that property.</P>
                <P>(u) <E T="03">Resource values</E> means any of the various commodity values (e.g., timber or minerals) or non-commodity values (e.g., wildlife habitat or scenic vistas), indigenous to particular land areas, surface and subsurface.</P>
                <P>(v) <E T="03">Secretary</E> means the Secretary of the Interior or the individual to whom the authority and responsibilities of that official, as to matters considered in this part, have been delegated.</P>
                <P>(w) <E T="03">Segregation</E> means the removal for a limited period, subject to valid existing rights, of a specified area of the Federal lands from appropriation under the public land laws and mineral laws, pursuant to the authority of the Secretary of the Interior to allow for the orderly administration of the Federal lands.</P>
                <P>(x) <E T="03">Statement of value</E> means a written report prepared by a qualified appraiser that states the appraiser's conclusion(s) of value.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2200.0-6</SECTNO>
                <SUBJECT>Policy.</SUBJECT>
                <P>(a) <E T="03">Discretionary nature of exchanges.</E> The Secretary is not required to exchange any Federal lands. Land exchanges are discretionary, voluntary real estate transactions between the Federal and non-Federal parties. Unless and until the parties enter into a binding exchange agreement, any party may withdraw from and terminate an exchange proposal or an agreement to initiate an exchange at any time during the exchange process, without any obligation to reimburse, or incur any liability to, any party, person or other entity.</P>
                <P>(b) <E T="03">Determination of public interest.</E> The authorized officer may complete an exchange only after a determination is made that the public interest will be well served. When considering the public interest, the authorized officer shall <PRTPAGE P="63"/>give full consideration to the opportunity to achieve better management of Federal lands, to meet the needs of State and local residents and their economies, and to secure important objectives, including but not limited to: Protection of fish and wildlife habitats, cultural resources, watersheds, wilderness and aesthetic values; enhancement of recreation opportunities and public access; consolidation of lands and/or interests in lands, such as mineral and timber interests, for more logical and efficient management and development; consolidation of split estates; expansion of communities; accommodation of land use authorizations; promotion of multiple-use values; and fulfillment of public needs. In making this determination, the authorized officer must find that:</P>
                <P>(1) The resource values and the public objectives that the Federal lands or interests to be conveyed may serve if retained in Federal ownership are not more than the resource values of the non-Federal lands or interests and the public objectives they could serve if acquired, and</P>
                <P>(2) The intended use of the conveyed Federal lands will not, in the determination of the authorized officer, significantly conflict with established management objectives on adjacent Federal lands and Indian trust lands. Such finding and the supporting rationale shall be made part of the administrative record.</P>
                <P>(c) <E T="03">Equal value exchanges.</E> Except as provided in § 2201.5 of this part, lands or interests to be exchanged shall be of equal value or equalized in accordance with the methods set forth in § 2201.6 of this part. An exchange of lands or interests shall be based on market value as determined by the Secretary through appraisal(s), through bargaining based on appraisal(s), or through arbitration.</P>
                <P>(d) <E T="03">Same-State exchanges.</E> The Federal and non-Federal lands involved in an exchange authorized pursuant to the Federal Land Policy and Management Act of 1976, as amended, shall be located within the same State.</P>
                <P>(e) <E T="03">O and C land exchanges.</E> Non-Federal lands acquired in exchange for revested Oregon and California Railroad Company Grant lands or reconveyed Coos Bay Wagon Road Grant lands are required to be located within any one of the 18 counties in which the original grants were made, and, upon acquisition by the United States, automatically shall assume the same status as the lands for which they were exchanged.</P>
                <P>(f) <E T="03">Congressional designations.</E> Upon acceptance of title by the United States, lands acquired by an exchange that are within the boundaries of any unit of the National Forest System, National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, National Trails System, National Wilderness Preservation System, or any other system established by Act of Congress; the California Desert Conservation Area; or any national conservation or national recreation area established by Act of Congress, immediately are reserved for and become part of the unit or area within which they are located, without further action by the Secretary, and thereafter shall be managed in accordance with all laws, rules, regulations, and land use plans applicable to such unit or area.</P>
                <P>(g) <E T="03">Land and resource management planning.</E> The authorized officer shall consider only those exchange proposals that are in conformance with land use plans or plan amendments, where applicable. Lands acquired by an exchange within a Bureau of Land Management district shall automatically become public lands as defined in 43 U.S.C. 1702 and shall become part of that district. The acquired lands shall be managed in accordance with existing regulations and provisions of applicable land use plans and plan amendments. Lands acquired by an exchange that are located within the boundaries of areas of critical environmental concern or any other area having an administrative designation established through the land use planning process shall automatically become part of the unit or area within which they are located, without further action by the Bureau of Land Management, and shall be managed in accordance with all laws, rules, regulations, and land use plans applicable to such unit or area.</P>
                <P>(h) <E T="03">Environmental analysis.</E> After an agreement to initiate an exchange is <PRTPAGE P="64"/>signed, an environmental analysis shall be conducted by the authorized officer in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4371), the Council on Environmental Quality regulations (40 CFR parts 1500-1508), and the environmental policies and procedures of the Department of the Interior and the Bureau of Land Management. In making this analysis, the authorized officer shall consider timely written comments received in response to the published exchange notice, pursuant to § 2201.2 of this part.</P>
                <P>(i) <E T="03">Reservations or restrictions in the public interest.</E> In any exchange, the authorized officer shall reserve such rights or retain such interests as are needed to protect the public interest or shall otherwise restrict the use of Federal lands to be exchanged, as appropriate. The use or development of lands conveyed out of Federal ownership are subject to any restrictions imposed by the conveyance documents and all laws, regulations, and zoning authorities of State and local governing bodies.</P>
                <P>(j) <E T="03">Hazardous substances—</E>(1) <E T="03">Federal lands.</E> The authorized officer shall determine whether hazardous substances may be present on the Federal lands involved in an exchange and shall provide notice of known storage, release, or disposal of hazardous substances on the Federal lands to the other parties in accordance with the provisions of 40 CFR part 373. The authorized officer shall provide this notice in the exchange agreement. The authorized officer shall also provide such notice, to the extent information is readily available, in the agreement to initiate an exchange. Unless the non-Federal party is a potentially responsible party under 42 U.S.C. 9607(a), the conveyance document from the United States shall contain a covenant in accordance with 42 U.S.C. 9620(h)(3). Where the non-Federal party is a potentially responsible party with respect to the property, it may be appropriate to enter into an agreement, as referenced in 42 U.S.C. 9607(e), whereby that party would indemnify the United States and hold the United States harmless against any loss or cleanup costs after conveyance.</P>
                <P>(2) <E T="03">Non-Federal lands.</E> The non-Federal party shall notify the authorized officer of any known, suspected and/or reasonably ascertainable storage, release, or disposal of hazardous substances on the non-Federal land pursuant to § 2201.1 of this part. Notwithstanding such notice, the authorized officer shall determine whether hazardous substances are known to be present on the non-Federal land involved in an exchange. If hazardous substances are known or believed to be present on the non-Federal land, the authorized officer shall reach an agreement with the non-Federal party regarding the responsibility for appropriate response action concerning the hazardous substances before completing the exchange. The terms of this agreement and any appropriate “hold harmless” agreement shall be included in an exchange agreement, pursuant to § 2201.7-2 of this part.</P>
                <P>(k) <E T="03">Legal description of properties.</E> All lands subject to an exchange shall be properly described on the basis of either a survey executed in accordance with the Public Land Survey System laws and standards of the United States or, if those laws and standards cannot be applied, the lands shall be properly described and clearly locatable by other means as may be prescribed or allowed by law.</P>
                <P>(l) <E T="03">Unsurveyed school sections.</E> For purposes of exchange only, unsurveyed school sections, which would become State lands upon survey by the Secretary, are considered as “non-Federal” lands and may be used by the State in an exchange with the United States. However, minerals shall not be reserved by the State when unsurveyed sections are used in an exchange. As a condition of the exchange, the State shall have waived, in writing, all rights to unsurveyed sections used in the exchange.</P>
                <P>(m) <E T="03">Coordination with State and local governments.</E> At least 60 days prior to the conveyance of and upon issuance of the deed or patent for Federal lands, the authorized officer will notify the Governor of the State within which the Federal lands covered by the notice are located and the head of the governing body of any political subdivision having zoning or other land use regulatory authority in the geographical area <PRTPAGE P="65"/>within which the Federal lands are located.</P>
                <P>(n) <E T="03">Fee coal exchanges.</E> As part of the consideration of whether public interest would be served by the acquisition of fee coal through exchange, the provisions of subpart 3461 of this title shall be applied and shall be evaluated as a factor and basis for the exchange.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2200.0-7</SECTNO>
                <SUBJECT>Scope.</SUBJECT>
                <P>(a) These rules set forth the procedures for conducting exchanges of Federal lands. The procedures in these rules are supplemented by the Bureau of Land Management Manuals and Handbooks 2200 and 9310. The contents of these supplemental materials are not considered to be a part of these rules.</P>

                <P>(b) The rules contained in this part apply to all land exchanges, made under the authority of the Secretary, involving Federal lands, as defined in 43 CFR 2200.0-5(i). Apart from the Federal Land Policy and Management Act of 1976 (FLPMA), as amended, 43 U.S.C. 1701 <E T="03">et seq.</E>, there are a variety of statutes, administered by the Secretary, that authorize land trades which may include Federal lands, as for example, certain National Wildlife Refuge System and National Park System exchange acts. The procedures and requirements associated with or imposed by any one of these other statutes may not be entirely consistent with the rules in this part, as the rules in this part are intended primarily to implement the FLPMA land exchange provisions. If there is any such inconsistency, and if Federal lands are involved, the inconsistent procedures or statutory requirements will prevail. Otherwise, the regulations in this part will be followed. The rules in this part also apply to the exchange of interests in either Federal or non-Federal lands including, but not limited to, minerals, water rights, and timber.</P>
                <P>(c) The application of these rules to exchanges made under the authority of the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1621) or the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192), shall be limited to those provisions that do not conflict with the provisions of these Acts.</P>
                <P>(d) Pending exchanges initiated prior to December 17, 1993 shall proceed in accordance with this rule unless:</P>
                <P>(1) In the judgment of the authorized officer, it would be more expeditious to continue following the procedures in effect prior to December 17, 1993; or</P>
                <P>(2) A binding agreement to exchange was in effect prior to December 17, 1993; and</P>
                <P>(3) To proceed as provided in paragraphs (d) (1) or (2) of this section would not be inconsistent with applicable law.</P>
                <P>(e) Exchanges proposed by persons holding fee title to coal deposits that qualify for exchanges under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1260(b)(5)) and as provided in subpart 3436 of this title shall be processed in accordance with this part, except as otherwise provided in subpart 3436 of this title.</P>
                <CITA>[46 FR 1638, Jan. 6, 1981, as amended at 63 FR 52617, Oct. 1, 1998]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2200.0-9</SECTNO>
                <SUBJECT>Information collection.</SUBJECT>

                <P>(a) The collection of information contained in part 2200 of Group 2200 has been approved by the Office of Management and Budget under 44 U.S.C. 3501 <E T="03">et seq.</E> and assigned clearance number 1004-0056. The information will be used to initiate and complete land exchanges with the Bureau of Land Management. Responses are required to obtain benefits in accordance with the Federal Land Policy and Management Act of 1976, as amended.</P>
                <P>(b) Public reporting burden for this information is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, should be sent to the Division of Information Resources Management (870), Bureau of Land Management, 1849 C Street, NW., Washington, DC 20240; and the Paperwork Reduction Project (1004-0056), Office of Management and Budget, Washington, DC 20503.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <PRTPAGE P="66"/>
              <HD SOURCE="HED">Subpart 2201—Exchanges—Specific Requirements</HD>
              <SECTION>
                <SECTNO>§ 2201.1</SECTNO>
                <SUBJECT>Agreement to initiate an exchange.</SUBJECT>
                <P>(a) Exchanges may be proposed by the Bureau of Land Management or by any person, State, or local government. Initial exchange proposals should be directed to the authorized officer responsible for the management of Federal lands involved in an exchange.</P>
                <P>(b) To assess the feasibility of an exchange proposal, the prospective parties may agree to obtain a preliminary estimate of the values of the lands involved in the proposal. The preliminary estimate is generally not an appraisal but shall be prepared by a qualified appraiser.</P>
                <P>(c) If the authorized officer agrees to proceed with an exchange proposal, a nonbinding agreement to initiate an exchange shall be executed by all prospective parties. At a minimum, the agreement shall include:</P>
                <P>(1) The identity of the parties involved in the proposed exchange and the status of their ownership or ability to provide title to the land;</P>
                <P>(2) A description of the lands or interest in lands being considered for exchange;</P>
                <P>(3) A statement by each party, other than the United States and State and local governments, certifying that the party is a citizen of the United States or a corporation or other legal entity subject to the laws of the United States or a State thereof;</P>
                <P>(4) A description of the appurtenant rights proposed to be exchanged or reserved; any authorized uses including grants, permits, easements, or leases; and any known unauthorized uses, outstanding interests, exceptions, adverse claims, covenants, restrictions, title defects or encumbrances;</P>
                <P>(5) A time schedule for completing the proposed exchange;</P>
                <P>(6) An assignment of responsibility for performance of required functions and for costs associated with processing the exchange;</P>
                <P>(7) A statement specifying whether compensation for costs assumed will be allowed pursuant to the provisions of § 2201.1-3 of this part;</P>
                <P>(8) Notice of any known release, storage, or disposal of hazardous substances on involved Federal or non-Federal lands, and any commitments regarding responsibility for removal or other remedial actions concerning such substances on involved non-Federal lands. All such terms and conditions regarding non-Federal lands shall be included in a land exchange agreement pursuant to § 2201.7-2 of this part;</P>
                <P>(9) A grant of permission by each party to conduct a physical examination of the lands offered by the other party;</P>
                <P>(10) The terms of any assembled land exchange arrangement, pursuant to § 2201.1-1 of this part;</P>
                <P>(11) A statement as to any arrangements for relocation of any tenants occupying non-Federal land, pursuant to § 2201.8 (c)(1)(iv) of this part;</P>
                <P>(12) A notice to an owner-occupant of the voluntary basis for the acquisition of the non-Federal lands, pursuant to § 2201.8 (c)(1)(iv) of this part; and</P>
                <P>(13) A statement as to the manner in which documents of conveyance will be exchanged, should the exchange proposal be successfully completed.</P>
                <P>(d) Unless the parties agree to some other schedule, no later than 90 days from the date of the executed agreement to initiate an exchange, the parties shall arrange for appraisals, which are to be completed within timeframes and under such terms as are negotiated. In the absence of current market information reliably supporting value, the parties may agree to use other acceptable and commonly recognized methods to estimate value.</P>
                <P>(e) An agreement to initiate an exchange may be amended by written consent of the parties or terminated at any time upon written notice by any party.</P>
                <P>(f) Entering into an agreement to initiate an exchange does not legally bind any party to proceed with processing or to consummate a proposed exchange, or to reimburse or pay damages to any party to a proposed exchange that is delayed or is not consummated or to anyone assisting in any way, or doing business with, any such party.</P>

                <P>(g) The withdrawal from, and termination of, an exchange proposal, or an <PRTPAGE P="67"/>agreement to initiate an exchange, by the authorized officer at any time prior to the notice of decision, pursuant to § 2201.7-1 of this part, is not protestable or appealable under 43 CFR part 4.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2201.1-1</SECTNO>
                <SUBJECT>Assembled land exchanges.</SUBJECT>
                <P>(a) Whenever the authorized officer determines it to be practicable, an assembled land exchange arrangement may be used to facilitate exchanges and reduce costs.</P>
                <P>(b) The parties to an exchange may agree to such an arrangement where multiple parcels of Federal and/or non-Federal lands are consolidated into a package for the purpose of completing one or more exchange transactions over a period of time.</P>
                <P>(c) An assembled land exchange arrangement shall be documented in the agreement to initiate an exchange, pursuant to § 2201.1 of this part.</P>
                <P>(d) Values of the Federal and non-Federal lands involved in an assembled exchange arrangement shall be estimated pursuant to § 2201.3 of this part.</P>
                <P>(e) If more than one transaction is necessary to complete the exchange package, the parties shall establish a ledger account under which the Federal and non-Federal lands can be exchanged. When a ledger account is used, the authorized officer shall:</P>
                <P>(1) Assure that the value difference between the Federal and non-Federal lands does not exceed 25 percent of the total value of the Federal lands conveyed in the assembled land exchange up to and including the current transaction;</P>
                <P>(2) Assure that the values of the Federal and non-Federal lands conveyed are balanced with land and/or money at least every 3 years pursuant to § 2201.6 of this part; and</P>
                <P>(3) If necessary, require from the non-Federal party a deposit of cash, bond or other approved surety in an amount equal to any outstanding value differential.</P>
                <P>(4) Assembled land exchanges are subject to the value equalization and cash equalization waiver provisions of § 2201.6 of this part. Cash equalization waiver shall only be used in conjunction with the final transaction of the assembled land exchange and the termination of any ledger account used.</P>
                <P>(f) The assembled exchange arrangement may be terminated unilaterally at any time upon written notice by any party or upon depletion of the Federal or non-Federal lands assembled. Prior to termination, values shall be equalized pursuant to § 2201.6 of this part.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2201.1-2</SECTNO>
                <SUBJECT>Segregative effect.</SUBJECT>
                <P>(a) If a proposal is made to exchange Federal lands, the authorized officer may direct the appropriate State Office of the Bureau of Land Management to segregate the Federal lands by a notation on the public land records. Subject to valid existing rights, the Federal lands shall be segregated from appropriation under the public land laws and mineral laws for a period not to exceed 5 years from the date of record notation.</P>
                <P>(b) Any interests of the United States in the non-Federal lands that are covered by the exchange proposal may be segregated from appropriation under the mineral laws for a period not to exceed 5 years from the date of notation by noting the public land status records.</P>
                <P>(c) The segregative effect shall terminate upon the occurrence of any of the following events, whichever occurs first:</P>
                <P>(1) Automatically, upon issuance of a patent or other document of conveyance to the affected lands;</P>

                <P>(2) On the date and time specified in an opening order, such order to be promptly issued and published by the appropriate State Office of the Bureau of Land Management in the <E T="04">Federal Register</E>, if a decision is made not to proceed with the exchange or upon removal of any lands from an exchange proposal; or</P>
                <P>(3) Automatically, at the end of the segregation period not to exceed 5 years from the date of notation of the public land records.</P>

                <P>(d) The provisions of this section apply equally to proposals to exchange National Forest System lands under the authority and provisions of the Act of March 20, 1922, 42 Stat. 465, as amended, 16 U.S.C. 485, and the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1701 <E T="03">et seq.</E>, except that if <PRTPAGE P="68"/>a proposal is made to exchange National Forest System lands, which proposal shall be filed in compliance with 36 CFR part 254, the authorized officer may request that the appropriate BLM State Office segregate such lands by a notation on the public land records.</P>
                <CITA>[46 FR 1638, Jan. 6, 1981, as amended at 63 FR 23681, Apr. 30, 1998; 65 FR 70112, Nov. 21, 2000]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2201.1-3</SECTNO>
                <SUBJECT>Assumption of costs.</SUBJECT>
                <P>(a) Generally, parties to an exchange will bear their own costs of the exchange. However, if the authorized officer finds it is in the public interest, subject to the conditions and limitations specified in paragraphs (b) and (c) of this section, an agreement to initiate an exchange may provide that:</P>
                <P>(1) One or more of the parties may assume, without compensation, all or part of the costs or other responsibilities or requirements that the authorized officer determines would ordinarily be borne by the other parties; or</P>
                <P>(2) The parties may agree to make adjustments to the relative values involved in an exchange transaction in order to compensate parties for assuming costs or other responsibilities or requirements that the authorized officer determines would ordinarily be borne by the other parties. These costs or services may include but are not limited to: Land surveys, appraisals, mineral examinations, timber cruises, title searches, title curative actions, cultural resource surveys and mitigation, hazardous substance surveys and controls, removal of encumbrances, arbitration including all fees, bargaining, cure of deficiencies preventing highest and best use of the land, conduct of public hearings, assemblage of non-Federal parcels from multiple ownerships, expenses of complying with laws, regulations, and policies applicable to exchange transactions, and expenses that are necessary to bring the Federal and non-Federal lands involved in the exchange to their highest and best use for appraisal and exchange purposes.</P>
                <P>(b) The authorized officer may agree to assume without compensation costs ordinarily borne under local custom or practice by the non-Federal party or to compensate the non-Federal party for costs ordinarily borne under local custom or practice by the United States but incurred by the non-Federal party, but only when it is clearly in the public interest and the authorized officer determines and documents that each of the following circumstances exist:</P>
                <P>(1) The amount of the cost assumed or compensation is reasonable and accurately reflects the value of the goods and services received;</P>
                <P>(2) The proposed exchange is a high priority of the agency;</P>
                <P>(3) The land exchange must be expedited to protect important Federal resource values, such as congressionally designated areas or endangered species habitat;</P>
                <P>(4) Cash equalization funds are available for compensating the non-Federal party; and</P>
                <P>(5) There are no other practicable means available to the authorized officer of meeting Federal exchange processing costs, responsibilities, or requirements.</P>
                <P>(c) The total amount of adjustment agreed to as compensation for costs incurred pursuant to this section shall not exceed the limitations set forth in § 2201.6 of this part.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2201.2</SECTNO>
                <SUBJECT>Notice of exchange proposal.</SUBJECT>
                <P>(a) Upon entering into an agreement to initiate an exchange, the authorized officer shall publish a notice once a week for 4 consecutive weeks in newspapers of general circulation in the counties in which the Federal and non-Federal lands or interests proposed for exchange are located. The authorized officer shall notify authorized users, jurisdictional State and local governments, and the congressional delegation, and shall make other distribution of the notice as appropriate. At a minimum, the notice shall include:</P>
                <P>(1) The identity of the parties involved in the proposed exchange;</P>
                <P>(2) A description of the Federal and non-Federal lands being considered for exchange;</P>
                <P>(3) A statement as to the effect of segregation from appropriation under the public land laws and mineral laws, if applicable;</P>

                <P>(4) An invitation to the public to submit in writing any comments on or concerns about the exchange proposal, including advising the authorized officer as to any liens, encumbrances, or <PRTPAGE P="69"/>other claims relating to the lands being considered for exchange; and</P>
                <P>(5) The deadline by which comments must be received, and the name, title, and address of the official to whom comments must be sent.</P>
                <P>(b) To be assured of consideration in the environmental analysis of the proposed exchange, all comments shall be made in writing to the authorized officer and postmarked or delivered within 45 days after the initial date of publication.</P>
                <P>(c) The authorized officer is not required to republish descriptions of any lands excluded from the final exchange transaction, provided such lands were identified in the notice of exchange proposal. In addition, minor corrections of land descriptions and other insignificant changes do not require republication.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2201.3</SECTNO>
                <SUBJECT>Appraisals.</SUBJECT>
                <P>The Federal and non-Federal parties to an exchange shall comply with the appraisal standards set forth in §§ 2201.3-1 through 2201.3-4 of this part and, to the extent appropriate, with the Department of Justice “Uniform Appraisal Standards for Federal Land Acquisitions” when appraising the values of the Federal and non-Federal lands involved in an exchange.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2201.3-1</SECTNO>
                <SUBJECT>Appraiser qualifications.</SUBJECT>
                <P>(a) A qualified appraiser(s) shall provide to the authorized officer appraisals estimating the market value of Federal and non-Federal properties involved in an exchange. A qualified appraiser may be an employee or a contractor to the Federal or non-Federal exchange parties. At a minimum, a qualified appraiser shall be an individual, approved by the authorized officer, who is competent, reputable, impartial, and has training and experience in appraising property similar to the property involved in the appraisal assignment.</P>
                <P>(b) Qualified appraisers shall possess qualifications consistent with State regulatory requirements that meet the intent of title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) (12 U.S.C. 3331). In the event a State does not have approved policies, practices and procedures regulating the activities of appraisers, the Bureau of Land Management may establish appraisal qualification standards commensurate with those adopted by other States meeting the requirements of FIRREA.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2201.3-2</SECTNO>
                <SUBJECT>Market value.</SUBJECT>
                <P>(a) In estimating market value, the appraiser shall:</P>
                <P>(1) Determine the highest and best use of the property to be appraised;</P>
                <P>(2) Estimate the value of the lands and interests as if in private ownership and available for sale in the open market;</P>
                <P>(3) Include historic, wildlife, recreation, wilderness, scenic, cultural, or other resource values or amenities that are reflected in prices paid for similar properties in the competitive market;</P>
                <P>(4) Consider the contributory value of any interest in land such as minerals, water rights, or timber to the extent they are consistent with the highest and best use of the property; and</P>
                <P>(5) Estimate separately, if stipulated in the agreement to initiate in accordance with § 2201.1 of this part, the value of each property optioned or acquired from multiple ownerships by the non-Federal party for purposes of exchange, pursuant to § 2201.1-1 of this part. In this case, the appraiser shall estimate the value of the Federal and non-Federal properties in a similar manner.</P>
                <P>(b) In estimating market value, the appraiser may not independently add the separate values of the fractional interests to be conveyed, unless market evidence indicates the following:</P>
                <P>(1) The various interests contribute their full value (pro rata) to the value of the whole; and</P>
                <P>(2) The valuation is compatible with the highest and best use of the property.</P>
                <P>(c) In the absence of current market information reliably supporting value, the authorized officer may use other acceptable and commonly recognized methods to determine market value.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2201.3-3</SECTNO>
                <SUBJECT>Appraisal report standards.</SUBJECT>
                <P>Appraisals prepared for exchange purposes shall contain, at a minimum, the following information:</P>
                <P>(a) A summary of facts and conclusions;<PRTPAGE P="70"/>
                </P>
                <P>(b) The purpose and/or the function of the appraisal, a definition of the estate being appraised, and a statement of the assumptions and limiting conditions affecting the appraisal assignment, if any;</P>
                <P>(c) An explanation of the extent of the appraiser's research and actions taken to collect and confirm information relied upon in estimating value;</P>
                <P>(d) An adequate description of the physical characteristics of the lands being appraised; a statement of all encumbrances; title information, location, zoning, and present use; an analysis of highest and best use; and at least a 5-year sales history of the property;</P>
                <P>(e) A disclosure of any condition that is observed during the inspection of the property or becomes known to the appraiser through normal research that would lead the appraiser to believe that hazardous substances may be present on the property being appraised;</P>
                <P>(f) A comparative market analysis and, if more than one method of valuation is used, an analysis and reconciliation of the methods used to support the appraiser's estimate of value;</P>
                <P>(g) A description of comparable sales, including a description of all relevant physical, legal, and economic factors such as parties to the transaction, source and method of financing, effect of any favorable financing on sale price, and verification by a party involved in the transaction;</P>
                <P>(h) An estimate of market value;</P>
                <P>(i) The effective date of valuation, date of appraisal, signature, and certification of the appraiser;</P>
                <P>(j) A certification by the appraiser signing the report to the following:</P>
                <P>(1) The appraiser personally contacted the property owner or designated representative and offered the owner an opportunity to be present during inspection of the property;</P>
                <P>(2) The appraiser personally examined the subject property and all comparable sale properties relied upon in the report;</P>
                <P>(3) The appraiser has no present or prospective interest in the appraised property; and</P>
                <P>(4) The appraiser has not, and will not, receive compensation that was contingent on the analysis, opinions, or conclusions contained in the appraisal report; and</P>
                <P>(k) Copies of relevant written reports, studies, or summary conclusions prepared by others in association with the appraisal assignment that were relied upon by the appraiser to estimate value, which may include but is not limited to current title reports, mineral reports, or timber cruises prepared by qualified specialists.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2201.3-4</SECTNO>
                <SUBJECT>Appraisal review.</SUBJECT>
                <P>(a) Appraisal reports shall be reviewed by a qualified review appraiser meeting the qualifications set forth in § 2201.3-1 of this part. Statements of value prepared by agency appraisers are not subject to this review.</P>
                <P>(b) The review appraiser shall determine whether the appraisal report:</P>
                <P>(1) Is complete, logical, consistent, and supported by a market analysis;</P>
                <P>(2) Complies with the standards prescribed in § 2201.3-3 of this part; and</P>
                <P>(3) Reasonably estimates the probable market value of the lands appraised.</P>
                <P>(c) The review appraiser shall prepare a written review report, containing at a minimum:</P>
                <P>(1) A description of the review process used;</P>
                <P>(2) An explanation of the adequacy, relevance, and reasonableness of the data and methods used by the appraiser to estimate value;</P>
                <P>(3) The reviewing appraiser's statement of conclusions regarding the appraiser's estimate of market value; and</P>
                <P>(4) A certification by the review appraiser to the following:</P>
                <P>(i) The review appraiser has no present or prospective interest in the property that is the subject of the review report; and</P>
                <P>(ii) The review appraiser has not, and will not, receive compensation that was contingent on the approval of the appraisal report.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2201.4</SECTNO>
                <SUBJECT>Bargaining; arbitration.</SUBJECT>

                <P>(a) Unless the parties to an exchange agree in writing to suspend or modify the deadlines contained in paragraphs (a)(1) through (a)(4) of this section, the parties shall adhere to the following schedule:<PRTPAGE P="71"/>
                </P>
                <P>(1) Within 180 days from the date of receipt of the appraisal(s) for review and approval by the authorized officer, the parties to an exchange may agree on the appraised values of the lands involved in an exchange. If the parties cannot agree on the appraised values, they may agree to initiate a process of bargaining or some other process to resolve the dispute over values. Bargaining or any other process shall be based on an objective analysis of the valuation in the appraisal report(s) and shall be a means of reconciling differences in such reports. Bargaining or another process to determine values may involve one or more of the following actions:</P>
                <P>(i) Submission of the disputed appraisal(s) to another qualified appraiser for review;</P>
                <P>(ii) Request for additional appraisals;</P>
                <P>(iii) Involvement of an impartial third party to facilitate resolution of the value disputes; or</P>
                <P>(iv) Use of some other acceptable and commonly recognized practice for resolving value disputes.</P>
                <FP>Any agreement based upon bargaining shall be in writing and made part of the administrative record of the exchange. Such agreement shall contain a reference to all relevant appraisal information and state how the parties reconciled or compromised appraisal information to arrive at an agreement based on market value.</FP>
                
                <P>(2) If within 180 days from the date of receipt of the appraisal(s) for review and approval by the authorized officer, the parties to an exchange cannot agree on values but wish to continue with the land exchange, the appraisal(s) may, at the option of either party, be submitted to arbitration unless, in lieu of arbitration, the parties have employed a process of bargaining or some other process to determine values. If arbitration occurs, it shall be conducted in accordance with the real estate valuation arbitration rules of the American Arbitration Association. The Secretary or an official to whom such authority has been delegated shall appoint an arbitrator from a list provided by the American Arbitration Association.</P>
                <P>(3) Within 30 days after completion of arbitration, the parties involved in the exchange shall determine whether to proceed with the exchange, modify the exchange to reflect the findings of the arbitration or any other factors, or withdraw from the exchange. A decision to withdraw from the exchange may be made upon written notice by either party at this time or at any other time prior to entering into a binding exchange agreement.</P>
                <P>(4) If the parties agree to proceed with an exchange after arbitration, the values established by arbitration are binding upon all parties for a period not to exceed 2 years from the date of the arbitration decision.</P>
                <P>(b) Arbitration is limited to the disputed valuation of the lands involved in a proposed exchange, and an arbitrator's award decision shall be limited to the value estimate(s) of the contested appraisal(s). An award decision shall not include recommendations regarding the terms of a proposed exchange, nor shall an award decision infringe upon the authority of the Secretary to make all decisions regarding management of Federal lands and to make public interest determinations.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2201.5</SECTNO>
                <SUBJECT>Exchanges at approximately equal value.</SUBJECT>
                <P>(a) The authorized officer may exchange lands that are of approximately equal value when it is determined that:</P>
                <P>(1) The exchange is in the public interest and the consummation of the proposed exchange will be expedited;</P>
                <P>(2) The value of the lands to be conveyed out of Federal ownership is not more than $150,000 as based upon a statement of value prepared by a qualified appraiser and approved by the authorized officer;</P>
                <P>(3) The Federal and non-Federal lands are substantially similar in location, acreage, use, and physical attributes; and</P>
                <P>(4) There are no significant elements of value requiring complex analysis.</P>
                <P>(b) The authorized officer shall determine that the Federal and non-Federal lands are approximately equal in value and shall document how the determination was made.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="72"/>
                <SECTNO>§ 2201.6</SECTNO>
                <SUBJECT>Value equalization; cash equalization waiver.</SUBJECT>
                <P>(a) To equalize the agreed upon values of the Federal and non-Federal lands involved in an exchange, either with or without adjustments of relative values as compensation for various costs, the parties to an exchange may agree:</P>
                <P>(1) To modify the exchange proposal by adding or excluding lands; and/or</P>
                <P>(2) To use cash equalization after making all reasonable efforts to equalize values by adding or excluding lands.</P>
                <P>(b) The combined amount of any cash equalization payment and/or the amount of adjustments agreed to as compensation for costs under § 2201.1-3 of this part may not exceed 25 percent of the value of the Federal lands to be conveyed.</P>
                <P>(c) The parties may agree to waive a cash equalization payment if the amount to be waived does not exceed 3 percent of the value of the lands being exchanged out of Federal ownership or $15,000, whichever is less. This provision shall not be applied to exchanges where the value differential is in excess of $15,000.</P>
                <P>(d) A cash equalization payment may be waived only after the authorized officer determines in writing how the waiver will expedite the exchange and why the public interest will be better served by the waiver.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2201.7</SECTNO>
                <SUBJECT>Approval of exchanges.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2201.7-1</SECTNO>
                <SUBJECT>Notice of decision.</SUBJECT>
                <P>(a) Upon completion of all environmental analyses and appropriate documentation, appraisals, and all other supporting studies and requirements to determine if a proposed exchange is in the public interest and in compliance with applicable law and regulations, the authorized officer shall decide whether to approve an exchange proposal.</P>

                <P>(1) When a decision to approve or disapprove an exchange is made, the authorized officer shall publish a notice of the availability of the decision in newspapers of general circulation. A notice also may be published in the <E T="04">Federal Register</E> at the discretion of the authorized officer. At a minimum, the notice shall include:</P>
                <P>(i) The date of decision;</P>
                <P>(ii) A concise description of the decision;</P>
                <P>(iii) The name and title of the deciding official;</P>
                <P>(iv) Directions for obtaining a copy of the decision; and</P>
                <P>(v) The date of the beginning of the protest period.</P>
                <P>(2) The authorized officer shall distribute notices to State and local governmental subdivisions having authority in the geographical area within which the lands covered by the notice are located pursuant to § 2200.0-6(m) of this part, the non-Federal exchange parties, authorized users of involved Federal lands, the congressional delegation, individuals who requested notification or filed written objections, and others as appropriate.</P>
                <P>(b) For a period of 45 days after the date of publication of a notice of the availability of a decision to approve or disapprove an exchange proposal, such decision shall be subject to protest.</P>
                <P>(c) A right of appeal from a protest decision of the authorized officer may be pursued in accordance with the applicable appeal procedures of 43 CFR part 4.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2201.7-2</SECTNO>
                <SUBJECT>Exchange agreement.</SUBJECT>
                <P>(a) The parties to a proposed exchange may enter into an exchange agreement subsequent to a decision by the authorized officer to approve the exchange, pursuant to § 2201.7-1 of this part. Such an agreement is required if hazardous substances are present on the non-Federal lands. An exchange agreement shall contain the following:</P>
                <P>(1) Identification of the parties, a description of the lands and interests to be exchanged, identification of all reserved and outstanding interests, the amount of any necessary cash equalization, and all other terms and conditions necessary to complete the exchange;</P>
                <P>(2) The terms regarding responsibility for removal, indemnification (“hold harmless” agreement), or other remedial actions concerning any hazardous substances on the involved non-Federal lands;</P>

                <P>(3) A description of the goods and services and their corresponding costs for which the noncomplying party is <PRTPAGE P="73"/>liable in the event of failure to perform or to comply with the terms of the exchange agreement; and</P>
                <P>(4) The agreed upon values of the involved lands.</P>
                <P>(b) An exchange agreement, as described in paragraph (a) of this section, is legally binding on all parties, subject to the terms and conditions thereof, provided:</P>
                <P>(1) Acceptable title can be conveyed;</P>
                <P>(2) No substantial loss or damage occurs to either property from any cause;</P>
                <P>(3) No undisclosed hazardous substances are found on the involved Federal or non-Federal lands prior to conveyance;</P>
                <P>(4) In the event of a protest, or of an appeal from a protest decision under 43 CFR part 4, a decision to approve an exchange pursuant to § 2201.7-1 is upheld; and</P>
                <P>(5) The agreement is not terminated by mutual consent or upon such terms as may be provided in the agreement.</P>
                <P>(c) Absent an executed legally binding exchange agreement, any action taken by one or more of the parties, or a failure of one or more of the parties to take any action, prior to consummation of an exchange does not create any legal obligation or right enforceable against or enjoyed by any party.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2201.8</SECTNO>
                <SUBJECT>Title standards.</SUBJECT>
                <P>(a) <E T="03">Title evidence.</E> (1) Unless otherwise specified by the Office of the Solicitor of the Department of the Interior, evidence of title for the non-Federal lands being conveyed to the United States shall be in conformance with the Department of Justice regulations and “Standards for the Preparation of Title Evidence in Land Acquisitions by the United States” in effect at the time of conveyance.</P>
                <P>(2) The United States is not required to furnish title evidence for the Federal lands being exchanged.</P>
                <P>(b) <E T="03">Conveyance documents</E>. (1) Unless otherwise specified by the Office of the Solicitor of the Department of the Interior, all conveyances to the United States shall be prepared, executed, and acknowledged in recordable form and in accordance with the Department of Justice regulations and “Standards for the Preparation of Title Evidence in Land Acquisition by the United States” in effect at the time of conveyance.</P>
                <P>(2) Conveyances of lands from the United States shall be by patent, quitclaim deed, or deed without express or implied warranties, except as to hazardous substances pursuant to § 2200.0-6(j)(1) of this title.</P>
                <P>(c) <E T="03">Title encumbrances</E>—(1) <E T="03">Non-Federal lands.</E> (i) Title to the non-Federal lands must be acceptable to the United States. For example, encumbrances such as taxes, judgment liens, mortgages, and other objections or title defects shall be eliminated, released, or waived in accordance with requirements of the preliminary title opinion of the Office of the Solicitor of the Department of the Interior or the Department of Justice, as appropriate.</P>
                <P>(ii) The United States shall not accept lands in which there are reserved or outstanding interests that would interfere with the use and management of land by the United States or would otherwise be inconsistent with the authority under which, or the purpose for which, the lands are to be acquired. Reserved interests of the non-Federal landowner are subject to agreed upon covenants or conditions included in the conveyance documents.</P>
                <P>(iii) Any personal property owned by the non-Federal party that is not a part of the exchange proposal should be removed by the non-Federal party prior to acceptance of title by the United States, unless the authorized officer and the non-Federal party to the exchange previously agree upon a specified period to remove the personal property. If the personal property is not removed prior to acceptance of title or within the otherwise prescribed time, it shall be deemed abandoned and shall become vested in the United States.</P>

                <P>(iv) The exchange parties must reach agreement on the arrangements for the relocation of any tenants. Qualified tenants occupying non-Federal lands affected by a land exchange may be entitled to benefits under 49 CFR 24.2. Unless otherwise provided by law or regulation (49 CFR 24.101(a)(1)), relocation benefits are not applicable to owner-occupants involved in exchanges with the United States provided the owner-occupants are notified in writing <PRTPAGE P="74"/>that the non-Federal lands are being acquired by the United States on a voluntary basis.</P>
                <P>(2) <E T="03">Federal lands.</E> If Federal lands proposed for exchange are occupied under grant, permit, easement, or non-mineral lease by a third party who is not a party to the exchange, the third party holder of such authorization and the non-Federal party to the exchange may reach agreement as to the disposition of the existing use(s) authorized under the terms of the grant, permit, easement, or lease. The non-Federal exchange party shall submit documented proof of such agreement prior to issuance of a decision to approve the land exchange, as instructed by the authorized officer. If an agreement cannot be reached, the authorized officer shall consider other alternatives to accommodate the authorized use or shall determine whether the public interest will be best served by terminating such use in accordance with the terms and provisions of the instrument authorizing the use.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2201.9</SECTNO>
                <SUBJECT>Case closing.</SUBJECT>
                <P>(a) <E T="03">Title transfers.</E> Unless otherwise agreed, and notwithstanding the decision in <E T="03">United States</E> v. <E T="03">Schurz,</E> 102 U.S. 378 (1880), or any other law or ruling to the contrary, title to both the non-Federal and Federal lands simultaneously shall pass and be deemed accepted by the United States and the non-Federal landowner, respectively, when the documents of conveyance are recorded in the county clerk's or other local recorder's office. Before recordation, all instructions, requirements, and conditions set forth by the United States and the non-Federal landowner shall be met. The requirements and conditions necessary for recordation at a minimum will include the following, as appropriate:</P>
                <P>(1) The determination by the authorized officer that the United States will receive possession, acceptable to it, of such lands; and</P>
                <P>(2) The issuance of title evidence as of the date and time of recordation, which conforms to the instructions and requirements of the Office of the Solicitor's preliminary title opinion.</P>
                <P>(b) <E T="03">Automatic segregation of lands.</E> Subject to valid existing rights, non-Federal lands acquired through exchange by the United States automatically shall be segregated from appropriation under the public land laws and mineral laws until midnight of the 90th day after acceptance of title by the United States, and the public land records shall be noted accordingly. Except to the extent otherwise provided by law, the lands shall be open to the operation of the public land laws and mineral laws at midnight 90 days after the day title was accepted unless otherwise segregated pursuant to part 2300 of this title.</P>
                <P>(c) <E T="03">Notice to State and local governments.</E> Following the transfer of title to the Federal lands involved in an exchange, notice will be given to State and local officials as prescribed in § 2200.0-6(m) of this part.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2203—Exchanges Involving Fee Federal Coal Deposits</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>51 FR 12612, Apr. 14, 1986, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2203.0-6</SECTNO>
                <SUBJECT>Policy.</SUBJECT>
                <P>When determining whether a fee exchange of the Federal coal deposits is in the public interest, it is the policy of the Department of the Interior to consider whether the exchange will create or maintain a situation inconsistent with the Federal anti-trust laws. The Bureau of Land Management, in making the determination of public interest, shall consider the advice of the Attorney General of the United States concerning whether the exchange will create or maintain a situation inconsistent with the Federal antitrust laws.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2203.0-9</SECTNO>
                <SUBJECT>Cross references.</SUBJECT>
                <P>The authorized officer shall implement a fee exchange of Federal coal deposits in compliance with the requirements of subparts 2200 and 2201 on this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2203.1</SECTNO>
                <SUBJECT>Opportunity for public comment and public meeting on exchange proposal.</SUBJECT>

                <P>Upon acceptance of a proposal for a fee exchange of Federal coal deposits, the authorized officer shall publish and <PRTPAGE P="75"/>distribute a notice of exchange proposal as set forth in § 2201.2 of this title.</P>
                <CITA>[51 FR 12612, Apr. 1986, as amended at 58 FR 60926, Nov. 18, 1993]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2203.2</SECTNO>
                <SUBJECT>Submission of information concerning proposed exchange.</SUBJECT>
                <P>(a) Any person submitting a proposal for a fee exchange of Federal coal deposits shall submit information concerning the coal reserves presently held in each geographic area involved in the exchange along with a description of the reserves that would be added or eliminated by the proposed exchange. In addition, the person filing a proposed exchange under this section shall furnish any additional information requested by the authorized officer in connection with the consideration of the antitrust consequences of the proposed exchange.</P>
                <P>(b) The authorized officer shall transmit a copy of the information required by paragraph (a) of this section to the Attorney General upon its receipt.</P>
                <P>(c) All non-proprietary information submitted under paragraph (a) of this section shall be made a part of the public record on each proposed exchange. With respect to proprietary information submitted under paragraph (a) of this section, only a description of the type of information submitted shall be included in the public record.</P>
                <P>(d) Where the entity proposing a fee coal exchange has previously submitted information, a reference to the date of submission and to the serial number of the record in which it is filed, together with a statement of any and all changes in holdings since the date of the previous submission, shall be accepted.</P>
                <CITA>[51 FR 12612, Apr. 14, 1986, as amended 58 FR 60926, Nov. 18, 1993]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2203.3</SECTNO>
                <SUBJECT>Public meeting.</SUBJECT>

                <P>Upon completion of an environmental analysis, but prior to the issuance of a notice of decision, the authorized officer shall publish a notice in the <E T="04">Federal Register</E> setting a time and place where a public meeting will be held to receive public comment on the public interest factors of the proposed exchange. Such notice shall be distributed in accordance with § 2201.7-1 of this title. The public meeting shall:</P>
                <P>(a) Follow procedures established by the authorized officer, which shall be announced prior to the meeting; and</P>
                <P>(b) Be recorded and a transcript prepared, with the transcript and all written submissions being made a part of the public record of the proposed exchange.</P>
                <CITA>[51 FR 12612, Apr. 14, 1986, as amended at 58 FR 60926, Nov. 18, 1993]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2203.4</SECTNO>
                <SUBJECT>Consultation with the Attorney General.</SUBJECT>
                <P>(a) The authorized officer shall, at the conclusion of the comment period and public meeting provided for in § 2203.3 of this title, forward to the Attorney General copies of the comments received in response to the request for public comments and the transcript and copies of the written comments received at the public meeting.</P>
                <P>(b) The authorized officer shall allow the Attorney General 90 days within which the Attorney General may advise, in writing, on the anti-trust consequences of the proposed exchange.</P>
                <P>(c) If the Attorney General requests additional information concerning the proposed exchange, the authorized officer shall request, in writing, such information from the person proposing the exchange, allowing a maximum period of 30 days for the submission of the requested information. The 90-day period provided in paragraph (b) of this section shall be extended for the period required to obtain and submit the requested information, or 30 days, whichever is sooner.</P>

                <P>(d) If the Attorney General notifies the authorized officer, in writing, that additional time is needed to review the anti-trust consequences of the proposed exchange, the time provided in paragraph (b) of this section, including any additional time provided under paragraph (c) of this section, shall be extended for the period requested by the Attorney General. If the Attorney General has not responded to the request for anti-trust review within the time granted for such review, including any extensions thereof, the authorized officer may proceed with the exchange <PRTPAGE P="76"/>without the advice of the Attorney General.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2203.5</SECTNO>
                <SUBJECT>Action on advice of the Attorney General.</SUBJECT>
                <P>(a) The authorized officer shall make any advice received from the Attorney General a part of the public record on the proposed exchange.</P>
                <P>(b) Except as provided in § 2203.4(d) of this title, the authorized officer shall not make a final decision on the proposed exchange and whether it is in the public interest until the advice of the Attorney General has been considered. The authorized officer shall, in the record of decision on the proposed exchange, discuss the consideration given any advice received from the Attorney General in reaching the final decision on the proposed exchange.</P>
                <HD SOURCE="HED1">Group 2300—Withdrawals</HD>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2300</EAR>
            <HD SOURCE="HED">PART 2300—LAND WITHDRAWALS</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2300—Withdrawals, General</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2300.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <SECTNO>2300.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2300.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2310—Withdrawals, General: Procedure</HD>
                <SECTNO>2310.1</SECTNO>
                <SUBJECT>Procedures: General.</SUBJECT>
                <SECTNO>2310.1-1</SECTNO>
                <SUBJECT>Preapplication consultation.</SUBJECT>
                <SECTNO>2310.1-2</SECTNO>
                <SUBJECT>Submission of applications.</SUBJECT>
                <SECTNO>2310.1-3</SECTNO>
                <SUBJECT>Submission of withdrawal petitions.</SUBJECT>
                <SECTNO>2310.1-4</SECTNO>
                <SUBJECT>Cancellation of withdrawal applications or withdrawal proposals and denial of applications.</SUBJECT>
                <SECTNO>2310.2</SECTNO>
                <SUBJECT>Segregative effect of withdrawal applications or withdrawal proposals.</SUBJECT>
                <SECTNO>2310.2-1</SECTNO>
                <SUBJECT>Termination of segregative effect of withdrawal applications or withdrawal proposals.</SUBJECT>
                <SECTNO>2310.3</SECTNO>
                <SUBJECT>Action on withdrawal applications and withdrawal proposals, except for emergency withdrawals.</SUBJECT>
                <SECTNO>2310.3-1</SECTNO>
                <SUBJECT>Publication and public meeting requirements.</SUBJECT>
                <SECTNO>2310.3-2</SECTNO>
                <SUBJECT>Development and processing of the case file for submission to the Secretary.</SUBJECT>
                <SECTNO>2310.3-3</SECTNO>
                <SUBJECT>Action by the Secretary: Public land orders and notices of denial.</SUBJECT>
                <SECTNO>2310.3-4</SECTNO>
                <SUBJECT>Duration of withdrawals.</SUBJECT>
                <SECTNO>2310.3-5</SECTNO>
                <SUBJECT>Compensation for improvements.</SUBJECT>
                <SECTNO>2310.3-6</SECTNO>
                <SUBJECT>Transfer of jurisdiction.</SUBJECT>
                <SECTNO>2310.4</SECTNO>
                <SUBJECT>Review and extensions of withdrawals.</SUBJECT>
                <SECTNO>2310.5</SECTNO>
                <SUBJECT>Special action on emergency withdrawals.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2320—Federal Energy Regulatory Commission Withdrawals</HD>
                <SECTNO>2320.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2320.1</SECTNO>
                <SUBJECT>Lands considered withdrawn or classified for power purposes.</SUBJECT>
                <SECTNO>2320.2</SECTNO>
                <SUBJECT>General determinations under the Federal Power Act.</SUBJECT>
                <SECTNO>2320.3</SECTNO>
                <SUBJECT>Applications for restoration.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority: </HD>
              <P>43 U.S.C. 1201; 43 U.S.C. 1740; E.O. 10355 (17 FR 4831, 4833).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source: </HD>
              <P>46 FR 5796, Jan. 19, 1981, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2300—Withdrawals, General</HD>
              <SECTION>
                <SECTNO>§ 2300.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <P>(a) These regulations set forth procedures implementing the Secretary of the Interior's authority to process Federal land withdrawal applications and, where appropriate, to make, modify or extend Federal land withdrawals. Procedures for making emergency withdrawals are also included.</P>
                <P>(b) The regulations do not apply to withdrawals that are made by the Secretary of the Interior pursuant to an act of Congress which directs the issuance of an order by the Secretary. Likewise, procedures applicable to withdrawals authorized under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1272(b); 1281), and procedures relating to the Secretary's authority to establish Indian reservations or to add lands to the reservations pursuant to special legislation or in accordance with section 7 of the Act of June 18, 1934 (25 U.S.C. 467), as supplemented by section 1 of the Act of May 1, 1936 (25 U.S.C. 473a), are not included in these regulations.</P>
                <P>(c) General procedures relating to the processing of revocation of withdrawals and relating to the relinquishment of reserved Federal land areas are not included in this part.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2300.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>

                <P>(a)(1) Section 204 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714) gives the Secretary of the Interior general authority to make, modify, extend or revoke withdrawals, <PRTPAGE P="77"/>but only in accordance with the provisions and limitations of that section. Among other limitations, the Federal Land Policy and Management Act of 1976 provides that the Secretary of the Interior does not have authority to:</P>
                <P>(i) Make, modify or revoke any withdrawal created by an Act of Congress;</P>
                <P>(ii) Make a withdrawal which can be made only by an Act of Congress;</P>
                <P>(iii) Modify or revoke any withdrawal creating national monuments under the Act of June 8, 1906 (16 U.S.C. 431-433), sometimes referred to as the Antiquities Act;</P>
                <P>(iv) Modify or revoke any withdrawal which added lands to the National Wildlife Refuge System prior to October 21, 1976, the date of approval of the Federal Land Policy and Management Act of 1976 or which thereafter adds lands to that System under the terms of that Act. In this connection, nothing in the Federal Land Policy and Management Act of 1976 is intended to modify or change any provision of the Act of February 27, 1976 (16 U.S.C. 668 dd(a)).</P>
                <P>(2) Executive Order 10355 of May 26, 1952 (17 FR 4831), confers on the Secretary of the Interior all of the delegable authority of the President to make, modify and revoke withdrawals and reservations with respect to lands of the public domain and other lands owned and controlled by the United States in the continental United States or Alaska.</P>
                <P>(3) The Act of February 28, 1958 (43 U.S.C. 155-158), sometimes referred to as the Engle Act, places on the Secretary of the Interior the responsibility to process Department of Defense applications for national defense withdrawals, reservations or restrictions aggregating 5,000 acres or more for any one project or facility. These withdrawals, reservations or restrictions may only be made by an act of Congress, except in time of war or national emergency declared by the President or the Congress and except as otherwise expressly provided in the Act of February 28, 1958.</P>
                <P>(4) Section 302(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732(b)) authorizes the Secretary of the Interior to regulate the management of the public lands as defined in the Act through instruments, such as memorandum of understanding, which the Secretary deems appropriate.</P>

                <P>(5) Section 1326(a) of the Alaska National Interest Lands Conservation Act (Pub. L. 96-487), authorizes the President and the Secretary to make withdrawals exceeding 5,000 acres, in the aggregate, in the State of Alaska subject to the provisions that such withdrawals shall not become effective until notice is provided in the  <E T="04">Federal Register</E> and to both Houses of the Congress and such withdrawals shall terminate unless Congress passes a Joint Resolution of approval within one year after the notice of withdrawal has been submitted to the Congress.</P>
                <P>(b) The following references do not afford either withdrawal application processing or withdrawal authority but are provided as background information.</P>
                <P>(1) Executive Order 6910 of November 26, 1934, and E.O. 6964 of February 5, 1935, as modified, withdrew sizable portions of the public lands for classification and conservation. These lands and the grazing districts estalished under the Taylor Grazing Act of 1934, as amended, are subject to the classification and opening procedures of section 7 of the Taylor Grazing Act of June 28, 1934, as amended (43 U.S.C. 315f); however, they are not closed to the operation of the mining or mineral leasing laws unless separately withdrawn or reserved, classified for retention from disposal, or precluded from mineral leasing or mining location under other authority.</P>
                <P>(2) The Classification and Multiple Use Act of September 19, 1964 (43 U.S.C. 1411-1418), authorized the Secretary of the Interior through the Bureau of Land Management for retention or disposal under Federal ownership and management. Numerous classification decisions based upon this statutory authority were made by the Secretary of the Interior. For the effect of these classification with regard to the disposal and leasing laws of the United States, see subparts 2440 and 2461 of this title.</P>

                <P>(3) Section 202 of the Federal Land Policy and Management Act of 1976 (43 <PRTPAGE P="78"/>U.S.C. 1712) provides for land use planning and resultant management decisions which may operate to totally eliminate a particular land use, including one or more <E T="03">principal or major uses,</E> as defined in the Act. Withdrawals made pursuant to section 204 of the Federal Land Policy and Management Act of 1976 may be used in appropriate cases, to carry out management decisions, except that <E T="03">public lands,</E> as defined in the Act, can be removed from or restored to the operation of the Mining Law of 1872, as amended, or transferred to another department, agency or office, only by withdrawal action pursuant to section 204 of the Federal Land Policy and Management Act of 1976 or other action pursuant to applicable law.</P>

                <P>(4) The first proviso of section 302(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732(b)) provides, in part, that unless otherwise provided for by law, the Secretary of the Interior may permit Federal departments and agencies to use, occupy and develop public lands <E T="03">only</E> through rights-of-way under section 507 of the Act (43 U.S.C. 1767); withdrawals under section 204 of the Act (43 U.S.C. 1714); and, where the proposed use and development are similar or closely related to the programs of the Secretary for the public lands involved, cooperative agreements under section 307(b) of the Act (43 U.S.C. 1737(b)).</P>
                <P>(5) Section 701(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 note) provides that all withdrawals, reservations, classifications and designations in effect on October 21, 1976, the effective date of the Act, shall remain in full force and effect until modified under the provisions of the Act or other applicable law.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2300.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>As used in this part, the term:</P>
                <P>(a) <E T="03">Secretary</E> means the Secretary of the Interior or a secretarial officer subordinate to the Secretary who has been appointed by the President by and with the advice and consent of the Senate and to whom has been delegated the authority of the Secretary to perform the duties described in this part to be performed by the <E T="03">Secretary.</E>
                </P>
                <P>(b) <E T="03">Authorized officer</E> means any employee of the Bureau of Land Management to whom has been delegated the authority to perform the duties described in this part to be performed by the <E T="03">authorized officer.</E>
                </P>
                <P>(c) <E T="03">Act</E> means the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1701 <E T="03">et seq.</E>), unless otherwise specified.</P>
                <P>(d) <E T="03">Lands</E> includes both upland and submerged land areas and any right or interest in such areas. To the extent provided in section 1 of the Act of February 28, 1958 (43 U.S.C. 155), the term also includes offshore waters.</P>
                <P>(e) <E T="03">Cultural resources</E> means those fragile and nonrenewable physical remains of human activity found in districts, sites, structures, burial mounds, petroglyphs, artifacts, objects, ruins, works of art, architecture or natural settings or features which were important to prehistoric, historic or other land and resource use events.</P>
                <P>(f) <E T="03">Archeological areas/resources</E> means sites or areas containing important evidence or the physical remains of former but now extinct cultural groups, their skeletons, settlements, implements, artifacts, monuments and inscriptions.</P>
                <P>(g) <E T="03">Resource use</E> means a land use having as its primary objective the preservation, conservation, enhancement or development of:</P>
                <P>(1) Any renewable or nonrenewable natural resource indigenous to a particular land area, including, but not limited to, mineral, timber, forage, water, fish or wildlife resources, or</P>
                <P>(2) Any resource value associated with a particular land area, including, but not limited to, watershed, power, scenic, wilderness, clean air or recreational values. The term does not include military or other governmental activities requiring land sites only as an incidental means to achieving an end not related primarily to the preservation, conservation, enhancement or development of natural resources or resource values indigenous to or associated with a particular land area.</P>
                <P>(h) <E T="03">Withdrawal</E> means withholding an area of Federal land from settlement, sale, location, or entry under some or all of the general land laws, for the purpose of limiting activites under <PRTPAGE P="79"/>those laws in order to maintain other public values in the area or reserving the area for a particular public purpose or program; or transferring jurisdiction over an area of Federal land, other than <E T="03">property</E> governed by the Federal Property and Administrative Services Act (40 U.S.C. 472), from one department, bureau or agency to another department, bureau or agency.</P>
                <P>(i) <E T="03">Department</E> means a unit of the Executive branch of the Federal Government which is headed by a member of the President's Cabinet.</P>
                <P>(j) <E T="03">Agency</E> means a unit of the Executive branch of the Federal Government which is not within a Department.</P>
                <P>(k) <E T="03">Office</E> means an office or bureau of the Department of the Interior.</P>
                <P>(l) <E T="03">Applicant</E> means any Federal department, agency or office.</P>
                <P>(m) <E T="03">Segregation</E> means the removal for a limited period, subject to valid existing rights, of a specified area of the public lands from the operation of the public land laws, including the mining laws, pursuant to the exercise by the Secretary of regulatory authority to allow for the orderly administration of the public lands.</P>
                <P>(n) <E T="03">Legal description</E> means a written land description based upon either an approved and filed Federal land survey executed as a part of the United States Public Land Survey System or, where specifically authorized under Federal law, upon a protraction diagram. In the absence of the foregoing, the term means a written description, approved by the authorized officer, which defines the exterior boundaries of a tract of land by reference to a metes and bounds survey or natural or other monuments.</P>
                <P>(o) <E T="03">Modify</E> or <E T="03">modification</E> does not include, for the purposes of section 204 of the Act (43 U.S.C. 1714), the addition of lands to an existing withdrawal or the partial revocation of a withdrawal.</P>
                <P>(p) <E T="03">Withdrawal petition</E> means a request, originated within the Department of the Interior and submitted to the Secretary, to file an application for withdrawal.</P>
                <P>(q) <E T="03">Withdrawal proposal</E> means a withdrawal petition approved by the Secretary.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2310—Withdrawals, General: Procedure</HD>
              <SECTION>
                <SECTNO>§ 2310.1</SECTNO>
                <SUBJECT>Procedures: General.</SUBJECT>
                <P>(a) The basic steps leading up to the making, modification or extension of a withdrawal, except emergency withdrawals, are:</P>
                <P>(1) Preapplication consultation;</P>
                <P>(2) Obtaining Secretarial approval of a withdrawal petition in appropriate cases;</P>
                <P>(3) Submission for filing of an application for a requested withdrawal action;</P>
                <P>(4) Publication in the <E T="04">Federal Register</E> of a notice stating that a withdrawal proposal has been made or that an application has been submitted for filing.</P>
                <P>(5) Negotiations between the applicant and the authorized officer as well as the accomplishment of investigations, studies and analyses which may be required to process an application.</P>
                <P>(6) Preparation of the case file to be considered by the Secretary, including the authorized officer's findings and recommendations;</P>
                <P>(7) Transmittal of the case file to the Director, Bureau of Land Management, for the Director's review and decision regarding the findings and recommendations of the authorized officer;</P>
                <P>(8) Transmittal of the case file to the Secretary.</P>
                <P>(9) Publication of a public land order or a notice of denial signed by the Secretary. If the application seeks a national defense withdrawal that may only be made by an Act of Congress, the Secretary will transmit to the Congress proposed legislation along with the Secretary's recommendations, and documentation relating thereto.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2310.1-1</SECTNO>
                <SUBJECT>Preapplication consultation.</SUBJECT>

                <P>A potential applicant should contact the appropriate State office of the Bureau of Land Management well in advance of the anticipated submission date of an application. Early consultation can familiarize the potential applicant with the responsibilities of an applicant, the authorized officer and the Secretary. Early consultation also will assist in determining the need for <PRTPAGE P="80"/>a withdrawal, taking possible alternatives into account, increase the likelihood that the applicant's needs will be considered in ongoing land use planning, assist in determining the extent to which any public lands that may be involved would have to be segregated if an application is submitted; and result in preliminary determinations regarding the scheduling of various investigations, studies, analyses, public meetings and negotiations that may be required for a withdrawal. Studies and analyses should be programmed to ensure their completion in sufficient time to allow the Secretary or the Congress adequate time to act on the application before the expiration of the segregation period.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2310.1-2</SECTNO>
                <SUBJECT>Submission of applications.</SUBJECT>
                <P>(a) Applications for the making, modification or extension of a withdrawal shall be submitted for filing, in duplicate, in the proper Bureau of Land Management office, as set forth in § 1821.2-1 of this title, except for emergency withdrawal requests and applications that are classified for national security reasons. Requests for emergency withdrawals and applications that are classified for national security reasons shall be submitted, in duplicate, in the Office of the Secretary, Department of the Interior, Washington, D.C. 20240.</P>
                <P>(b) Before the authorized officer can take action on a withdrawal proposal, a withdrawal application in support thereof shall be submitted. The application may be submitted simultaneously with the making of a withdrawal proposal, in which case only the notice required by § 2310.3-1(a) of this title, referencing both the application and the withdrawal proposal, shall be published.</P>
                <P>(c) No specific form is required, but, except as otherwise provided in § 2310.3-6(b) of this title, the application shall contain at least the following information:</P>
                <P>(1) The name and address of the applicant. Where the organization intending to use the lands is different from the applicant, the name and address of such using agency shall also be included.</P>
                <P>(2) If the applicant is a department or agency other than the Department of the Interior or an office thereof, a statement of the delegation or delegations of authority of the official acting on behalf of the department or agency submitting the application, substantiating that the official is empowered to act on behalf of the head of the department or agency in connection with all matters pertaining to the application.</P>
                <P>(3) If the lands which are subject to an application are wholly or partially under the administration of any department or agency other than the Department of the Interior, the Secretary shall make or modify a withdrawal only with the consent of the head of the department or agency concerned, except in the case of an emergency withdrawal. In such case, a copy of the written consent shall accompany the application. The requirements of section (e) of E.O. 10355 (17 FR 4831), shall be complied with in those instances where the Order applies.</P>
                <P>(4) The type of withdrawal action that is being requested (See § 2300.0-5(h) of this title) and whether the application pertains to the making, extension or modification of a withdrawal.</P>
                <P>(5) A description of the lands involved in the application, which shall consist of the following:</P>
                <P>(i) A legal description of the entire land area that falls within the exterior boundaries of the affected area and the total acreage of such lands;</P>
                <P>(ii) A legal description of the lands, Federal or otherwise, within the exterior boundaries that are to be excepted from the requested action, and after deducting the total acreage of all the excepted lands, the net remaining acreage of all Federal lands (as well as all non-Federal lands which, if they should be returned to or should pass to Federal ownership, would become subject to the withdrawal) within the exterior boundaries of the affected land areas;</P>
                <P>(iii) In the case of a national defense withdrawal which can only be made by an Act of Congress, sections 3(2) and 3(3) of the Act of February 28, 1958 (43 U.S.C. 157 (2), (3)) shall be complied with in lieu of paragraphs (c)(5) (i) and (ii) of this section.</P>

                <P>(6) If the application is for a withdrawal that would overlap, or that <PRTPAGE P="81"/>would add lands to one or more existing withdrawals, the application shall also contain:</P>
                <P>(i) An identification of each of the existing withdrawals, including the project name, if any, the date of the withdrawal order, the number and type of order, if known, or, in lieu of the foregoing, a copy of the order;</P>
                <P>(ii) As to each existing withdrawal that would be overlapped by the requested withdrawal, the total area and a legal description of the area that would be overlapped; and</P>
                <P>(iii) The total acreage, Federal or otherwise, that would be added to the existing withdrawal, if the new application is allowed.</P>
                <P>(7) The public purpose or statutory program for which the lands would be withdrawn. If the purpose or program for which the lands would be withdrawn is classified for national security reasons, a statement to that effect shall be included; but, if at all possible, a general description of the use to which the lands would be devoted, if the requested withdrawal is allowed, should be included. In the case of applications that are not classified for national security reasons, an analysis of the manner in which the lands as well as their natural resources and resource values would be used to implement the purpose or program shall be provided.</P>
                <P>(8) The extent to which the lands embraced in the application are requested to be withheld from settlement, sale, location or entry under the public land laws, including the mining laws, together with the extent to which, and the time during which, the lands involved in the application would be temporarily segregated in accordance with § 2310.2 of this subpart.</P>
                <P>(9) The type of temporary land use that, at the discretion of the authorized officer, may be permitted or allowed during the segregation period, in accordance with § 2310.2 of this subpart.</P>
                <P>(10) An analysis and explanation of why neither a right-of-way under section 507 of the Act (43 U.S.C. 1767), nor a cooperative agreement under sections 302(b) (43 U.S.C. 1732(b)) and 307(b) (43 U.S.C. 1737(b)) of the act would adequately provide for the proposed use.</P>
                <P>(11) The duration of the withdrawal, with a statement in justification thereof (see § 2310.3-4 of this title). Where an extension of an existing withdrawal is requested, its duration may not exceed the duration of the existing withdrawal.</P>
                <P>(12) A statement as to whether any suitable alternative sites are available for the proposed use or for uses which the requested withdrawal action would displace. The statement shall include a study comparing the projected costs of obtaining each alternative site in suitable condition for the intended use, as well as the projected costs of obtaining and developing each alternative site for uses that the requested withdrawal action would displace.</P>
                <P>(13) A statement as to whether water will or will not be needed to fulfill the purpose of the requested withdrawal action.</P>
                <P>(14) The place where records relating to the application can be examined by interested persons.</P>
                <P>(d) Except in the case of an emergency withdrawal, if the preceding application requirements have not been met, or if an application seeks an action that is not within the scope of the Secretary's authority, the application may be rejected by the authorized officer as a defective application.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2310.1-3</SECTNO>
                <SUBJECT>Submission of withdrawal petitions.</SUBJECT>
                <P>(a) Withdrawal petitions shall be submitted to the Director, Bureau of Land Management, for transmittal to the Secretary.</P>
                <P>(b) No specific form is required, but the petition shall contain at least the following information:</P>
                <P>(1) The office originating the petition;</P>
                <P>(2) The type and purpose of the proposed withdrawal action (See § 2300.0-5(h) of this title) and whether the petition pertains to the making, extension or modification of a withdrawal;</P>
                <P>(3) A legal description of the entire land area that falls within the exterior boundaries affected by the petition, together with the total acreage of such lands, and a map of the area;</P>

                <P>(4) The extent to which and the time during which any public lands that may be involved in the petition would <PRTPAGE P="82"/>be temporarily segregated and the temporary land uses that may be permitted during the segregation period, in accordance with § 2310.2 of this title; and</P>
                <P>(5) A preliminary identification of the mineral resources in the area.</P>
                <P>(c) Except in the case of petitions seeking emergency withdrawals, if a petition is submitted simultaneously with a withdrawal application, the information requirements pertaining to withdrawal applications (See § 2310.1-2 of this title), shall supersede the requirements of this section.</P>
                <P>(d) If a petition seeks an emergency withdrawal under the provisions of section 204(e) of the act, the petition shall be filed simultaneously with an application for withdrawal. In such instances, the petition/application shall provide as much of the information required by §§ 2310.1-2(c) and 2310.3-2(b) of this title as is available to the petitioner when the petition is submitted.</P>

                <P>(e) Upon the approval by the Secretary of a petition for withdrawal, the petition shall be considered as a Secretarial proposal for withdrawal, and notice of the withdrawal proposal shall be published immediately in the <E T="04">Federal Register</E> in accordance with § 2310.3-1(a) of this title. If a petition which seeks an emergency withdrawal is approved by the Secretary, the publication and notice provisions pertaining to emergency withdrawals shall be applicable. (See § 2310.5 of this title.)</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2310.1-4</SECTNO>
                <SUBJECT>Cancellation of withdrawal applications or withdrawal proposals and denial of applications.</SUBJECT>
                <P>(a) Withdrawal or extension applications and proposals shall be amended promptly to cancel the application or proposal, in whole or in part, with respect to any lands which the applicant, in the case of applications, or the office, in the case of proposals, determines are no longer needed in connection with a requested or proposed action. The filing of a cancellation notice in each such case shall result in the termination of the segregation of the public lands that are to be eliminated from the withdrawal application or withdrawal proposal. (See § 2310.2-1 of this title)</P>
                <P>(b) The Secretary may deny an application if the costs (as defined in section 304(b) of the Act (43 U.S.C. 1734(b)) estimated to be incurred by the Department of the Interior would, in the judgment of the Secretary, be excessive in relation to available funds appropriated for processing applications requesting a discretionary withdrawal, or a modification or extension of a withdrawal.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2310.2</SECTNO>
                <SUBJECT>Segregative effect of withdrawal applications or withdrawal proposals.</SUBJECT>
                <P>The following provisions apply only to applications or proposals to withdraw lands and not to applications or proposals seeking to modify or extend withdrawals.</P>
                <P>(a) <E T="03">Withdrawal applications or withdrawal proposals submitted on or after October 21, 1976.</E> Within 30 days of the submission for filing of a withdrawal application, or whenever a withdrawal proposal is made, a notice stating that the application has been submitted or that the proposal has been made, shall be published in the <E T="04">Federal Register</E> by the authorized officer. Publication of the notice in the <E T="04">Federal Register</E> shall segregate the lands described in the application or proposal from settlement, sale, location or entry under the public land laws, including the mining laws, to the extent specified in the notice, for 2 years from the date of publication of the notice unless the segregative effect is terminated sooner in accordance with the provisions of this part. The notices published pursuant to the provisions of this section shall be the same notices required by § 2310.3-1 of this title. Publication of a notice of a withdrawal application that is based on a prior withdrawal proposal, notice of which was published in the <E T="04">Federal Register,</E> shall not operate to extend the segregation period which commenced upon the publication of the prior withdrawal proposal.</P>
                <P>(b) <E T="03">Withdrawal applications submitted before October 21, 1976</E>. The public lands described in a withdrawal application filed before October 21, 1976, shall remain segregated through October 20, 1991, from settlement, sale, location or entry under the public land laws, including the mining laws, to the extent <PRTPAGE P="83"/>specified in the <E T="04">Federal Register</E> notice or notices that pertain to the application, unless the segregative effect of the application is terminated sooner in accordance with other provisions of this part. Any amendment made on or after October 21, 1976, of a withdrawal application submitted before October 21, 1976, for the purpose of adding Federal lands to the lands described in a previous application, shall require the publication in the <E T="04">Federal Register,</E>  within 30 days of receipt of the amended application, of a notice of the amendment of the withdrawal application. All of the lands described in the amended application which includes those lands described in the original application shall be segregated for 2 years from the date of publication of the notice of the amended application in the <E T="04">Federal Register.</E>
                </P>
                <P>(c) Applications for licenses, permits, cooperative agreements or other discretionary land use authorizations of a temporary nature that are filed on or after October 21, 1976, regarding lands involved in a withdrawal application or a withdrawal proposal and that are listed in the notices required by § 2310.3-2 of this title as permissible during the segregation period, may be approved by the authorized officer while the lands remain segregated.</P>
                <P>(d) Except as provided in paragraph (c) of this section, applications for the use of lands involved in a withdrawal application or a withdrawal proposal, the allowance of which is discretionary, shall be denied.</P>
                <P>(e) The temporary segregation of lands in connection with a withdrawal application or a withdrawal proposal shall not affect in any respect Federal agency administrative jurisdiction of the lands, and the segregation shall not have the effect of authorizing or permitting any use of the lands by the applicant or using agency.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2310.2-1</SECTNO>
                <SUBJECT>Termination of the segregative effect of withdrawal applications or withdrawal proposals.</SUBJECT>
                <P>(a) The publication in the <E T="04">Federal Register</E> of an order allowing a withdrawal application, in whole or in part, shall terminate the segregative effect of the application as to those lands withdrawn by the order.</P>

                <P>(b) The denial of a withdrawal application, in whole or in part, shall result in the termination of the segregative effect of the application or proposal as to those lands where the withdrawal is disallowed. Within 30 days following the decision to disallow the application or proposal, in whole or in part, the authorized officer shall publish a notice in the <E T="04">Federal Register</E> specifying the reasons for the denial and the date that the segregative period terminated. The termination date of the segregation period shall be noted promptly on the public land status records on or before the termination date.</P>

                <P>(c) The cancellation, in whole or in part, of a withdrawal application or a withdrawal proposal shall result in the termination of the segregative effect of the application or proposal, as to those lands deleted from the application or proposal. The authorized officer shall publish a notice in the <E T="04">Federal Register,</E> within 30 days following the date of receipt of the cancellation, specifying the date that the segregation terminated. The termination date of the segregation shall be noted promptly on the public land status records. If the cancellation applies to only a portion of the public lands that are described in the withdrawal application or withdrawal proposal, then the lands that are not affected by the cancellation shall remain segregated.</P>

                <P>(d) The segregative effect resulting from the publication on or after October 21, 1976, of a <E T="04">Federal Register</E> notice of the submission of a withdrawal application or the making of a withdrawal proposal shall terminate 2 years after the publication date of the <E T="04">Federal Register</E> notice unless the segregation is terminated sooner by other provisions of this section. A notice specifying the date and time of termination shall be published in the <E T="04">Federal Register</E> by the authorized officer 30 days in advance of the termination date. The public land status records shall be noted as to the termination date of the segregation period on or before the termination date. Such a termination shall not affect the processing of the withdrawal application.</P>

                <P>(e) The segregative effect resulting from the submission of a withdrawal <PRTPAGE P="84"/>application or withdrawal proposal before October 21, 1976, shall terminate on October 20, 1991, unless the segregation is terminated sooner by other provisions of this part. A notice specifying the date and time of termination shall be published in the <E T="04">Federal Register</E> by the authorized officer 30 days in advance of October 20, 1991. The public land status records shall be noted as to the termination date of the segregation period on or before October 20, 1991.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2310.3</SECTNO>
                <SUBJECT>Action on withdrawal applications and withdrawal proposals, except for emergency withdrawals.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2310.3-1</SECTNO>
                <SUBJECT>Publication and public meeting requirements.</SUBJECT>

                <P>(a) When a withdrawal proposal is made, a notice to that effect shall be published immediately in the <E T="04">Federal Register.</E> The notice shall contain the information required by § 2310.1-3 of this title. In the event a withdrawal petition, which subsequently becomes a withdrawal proposal, is submitted simultaneously with a withdrawal application, the information requirements for notices pertaining to withdrawal applications (See paragraph (b) of this section) shall supersede the information requirements of this paragraph. However, in such instances, the notice required by paragraph (b) of this section shall be published immediately without regard to the 30-day period allowed for the filing for publication in the <E T="04">Federal Register</E> of withdrawal application notices.</P>

                <P>(b)(1) Except for emergency withdrawals and except as otherwise provided in paragraph (a) of this section, within 30 days of the submission for filing of a withdrawal, extension or modification application, the authorized officer shall publish in the <E T="04">Federal Register</E> a notice to that effect. The authorized officer also shall publish the same notice in at least one newspaper having a general circulation in the vicinity of the lands involved and, with the cooperation and assistance of the applicant, when appropriate, shall provide sufficient publicity to inform the interested public of the requested action.</P>
                <P>(2) The notice shall contain, in summary form, the information required by § 2310.1-2 of this title, except that the authorized officer may exclude the information required by § 2310.1-2(c)(2) of this title, and as much of the descriptive information required by § 2310.1-2(c) (5) and (6) of this title as the authorized officer considers appropriate. The notice shall:</P>
                <P>(i) Provide a legal description of the lands affected by the application, together with the total acreage of such lands;</P>
                <P>(ii) Specify the extent to which and the time during which any lands that may be involved may be segregated in accordance with § 2310.2 of this title;</P>
                <P>(iii) Identify the temporary land uses that may be permitted or allowed during the segregation period as provided for in § 2310.2(c) of this title;</P>
                <P>(iv) Provide for a suitable period of at least 90 days after publication of the notice, for public comment on the requested action;</P>
                <P>(v) Solicit written comments from the public as to the requested action and provide for one or more public meetings in relation to requested actions involving 5,000 or more acres in the aggregate and, as to requested actions involving less than 5,000 acres, solicit and evaluate the written comments of the public as to the requested action and as to the need for public meetings;</P>
                <P>(vi) State, in the case of a national defense withdrawal which can only be made by an Act of Congress, that if the withdrawal is to be made, it will be made by an Act of Congress;</P>
                <P>(vii) Provide the address of the Bureau of Land Management office in which the application and the case file pertaining to it are available for public inspection and to which the written comments of the public should be sent;</P>
                <P>(viii) State that the application will be processed in accordance with the regulations set forth in part 2300 of this title;</P>
                <P>(ix) Reference, if appropriate, the <E T="04">Federal Register</E> in which the notice of a withdrawal proposal, if any, pertaining to the application was published previously;</P>
                <P>(x) Provide such additional information as the authorized officer deems necessary or appropriate.</P>

                <P>(c)(1) In determining whether a public meeting will be held on applications <PRTPAGE P="85"/>involving less than 5,000 acres of land, the authorized officer shall consider whether or not:</P>
                <P>(i) A large number of persons have expressed objections to or suggestions regarding the requested action;</P>
                <P>(ii) The objections or suggestions expressed appear to have merit without regard to the number of persons responding;</P>
                <P>(iii) A public meeting can effectively develop information which would otherwise be difficult or costly to accumulate;</P>
                <P>(iv) The requested action, because of the amount of acreage involved, the location of the affected lands or other relevant factors, would have an important effect on the public, as for example, the national or regional economy;</P>
                <P>(v) There is an appreciable public interest in the lands or their use, as indicated by the records of the Bureau of Land Management;</P>
                <P>(vi) There is prevailing public opinion in the area that favors public meetings or shows particular concern over withdrawal actions; and</P>
                <P>(vii) The applicant has requested a public meeting.</P>

                <P>(2) A public meeting, whether required or determined by the authorized officer to be necessary, shall be held at a time and place convenient to the interested public, the applicant and the authorized officer. A notice stating the time and place of the meeting, shall be published in the <E T="04">Federal Register</E> and in at least one newspaper having a general circulation in the vicinity of lands involved in the requested action, at least 30 days before the scheduled date of the meeting.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2310.3-2</SECTNO>
                <SUBJECT>Development and processing of the case file for submission to the Secretary.</SUBJECT>
                <P>(a) Except as otherwise provided in § 2310.3-6(b) of this title, the information, studies, analyses and reports identified in this paragraph that are required by applicable statutes, or which the authorized officer determines to be required for the Secretary or the Congress to make a decision or recommendation on a requested withdrawal, shall be provided by the applicant. The authorized officer shall assist the applicant to the extent the authorized officer considers it necessary or appropriate to do so. The qualifications of all specialists utilized by either the authorized officer or the applicant to prepare the information, studies, analyses and reports shall be provided.</P>
                <P>(b) The information, studies, analyses and reports which, as appropriate, shall be provided by the applicant shall include:</P>
                <P>(1) A report identifying the present users of the lands involved, explaining how the users will be affected by the proposed use and analyzing the manner in which existing and potential resource uses are incompatible with or conflict with the proposed use of the lands and resources that would be affected by the requested action. The report shall also specify the provisions that are to be made for, and an economic analysis of, the continuation, alteration or terminaton of existing uses. If the provisions of § 2310.3-5 of this title are applicable to the proposed withdrawal, the applicant shall also furnish a certification that the requirements of that section shall be satisfied promptly if the withdrawal is allowed or authorized.</P>

                <P>(2) If the application states that the use of water in any State will be necessary to fulfill the purposes of the requested withdrawal, extension or modification, a report specifying that the applicant or using agency has acquired, or proposes to acquire, rights to the use of the water in conformity with applicable State laws and procedures relating to the control, appropriation, use and distribution of water, or whether the withdrawal is intended to reserve, pursuant to Federal law, sufficient unappropriated water to fulfill the purposes of the withdrawal. Water shall be reserved pursuant to Federal law for use in carrying out the purposes of the withdrawal only if specifically so stated in the relevant withdrawal order, as provided in § 2310.3-3(b) of this title and only to the extent needed for the purpose or purposes of the withdrawal as expressed in the withdrawal order. The applicant shall also provide proof of notification of the involved State's department of water resources when a land use needed to carry out the purposes of the requested withdrawal will involve utilization of <PRTPAGE P="86"/>the water resources in a State. As a condition to the allowance of an order reserving water, the applicant shall certify to the Secretary that it shall quantify the amount of water to be reserved by the order.</P>
                <P>(3) An environmental assessment, an environmental impact statement or any other documents as are needed to meet the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), and the regulations applicable thereto. The authorized officer shall participate in the development of environmental assessments or impact statements. The applicant shall designate the Bureau of Land Management as a cooperating agency and shall comply with the requirements of the regulations of the Council on Environmental Quality. The Bureau of Land Management shall, at a minimum, independently evaluate and review the final product. The following items shall either be included in the assessment or impact statement, or they may be submitted separately, with appropriate cross references.</P>
                <P>(i) A report on the identification of cultural resources prepared in accordance with the requirements of 36 CFR part 800, and other applicable regulations.</P>

                <P>(ii) An identification of the roadless areas or roadless islands having wilderness characteristics, as described in the Wilderness Act of 1964 (16 U.S.C. 1131, <E T="03">et seq.</E>), which exist within the area covered by the requested withdrawal action.</P>
                <P>(iii) A mineral resource analysis prepared by a qualified mining engineer, engineering geologist or geologist which shall include, but shall not be limited to, information on: General geology, known mineral deposits, past and present mineral production, mining claims, mineral leases, evaluation of future mineral potential and present and potential market demands.</P>
                <P>(iv) A biological assessment of any listed or proposed endangered or threatened species, and their critical habitat, which may occur on or in the vicinity of the involved lands, prepared in accordance with the provisions of section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1536), and regulations applicable thereto, if the Secretary determines that assessment is required by law.</P>
                <P>(v) An analysis of the economic impact of the proposed uses and changes in use associated with the requested action on individuals, local communities, State and local government interests, the regional economy and the Nation as a whole.</P>
                <P>(vi) A statement as to the extent and manner in which the public participated in the environmental review process.</P>
                <P>(4) A statement with specific supporting data, as to:</P>
                <P>(i) Whether the lands involved are floodplains or are considered wetlands; and</P>
                <P>(ii) Whether the existing and proposed uses would affect or be affected by such floodplains or wetlands and, if so, to what degree and in what manner. The statement shall indicate whether, if the requested action is allowed, it will comply with the provisions of Executive Orders 11988 and 11990 of May 24, 1977 (42 FR 26951; 26961).</P>
                <P>(5) A statement of the consultation which has been or will be conducted with other Federal departments or agencies; with regional, State and local Government bodies; and with individuals and nongovernmental groups regarding the requested action.</P>

                <P>(c) Prior to final action being taken in connection with an application, the applicant shall prepare, with the guidance and participation of the authorized officer, and subject to the approval of the authorized officer, the Secretary and other affected departments, agencies or offices, a resource management plan and implementation program regarding the use and management of any public lands with their related resources uses. Consideration shall be given to the impact of the proposed reservation on access to and the use of the land areas that are located in the vicinity of the lands proposed to be withdrawn. Where appropriate, the plan and program will be implemented by means of a memorandum of understanding between the affected agencies. Any allocation of jurisdiction between the agencies shall be effected in the public land order or legislation. In those cases where the Secretary, acting <PRTPAGE P="87"/>through the Bureau of Land Management, would continue to exercise partial jurisdiction, resource management of withdrawn areas may be governed by the issuance of management decisions by the Bureau of Land Management to implement land use plans developed or revised under the land use planning requirements of section 202 of the Act (43 U.S.C. 1712).</P>
                <P>(d) In regard to national defense withdrawals that can only be made by an Act of Congress, and to the extent that they are not otherwise satisfied by the information, studies, analyses and reports provided in accordance with the provisions of this section, the provisions of section 3(7) of the Act of February 28, 1958 (43 U.S.C. 157(7)), shall be complied with.</P>
                <P>(e) The authorized officer shall develop preliminary findings and recommendations to be submitted to the Secretary, advise the applicant of the findings and recommendations, and provide the applicant an opportunity to discuss any objections thereto which the applicant may have.</P>
                <P>(f) Following the discussion process, or in the absence thereof, the authorized officer shall prepare the findings, keyed specifically to the relevant portions of the case file, and the recommendations to the Secretary in connection with the application. The authorized officer also shall prepare, for consideration by the Secretary, a proposed order or notice of denial. In the case of a national defense withdrawal which can only be made by an Act of Congress, the authorized officer shall prepare, with the cooperation of the applicant, a draft legislative proposal to implement the applicant's withdrawal request, together with proposed recommendations for submission by the Secretary to the Congress. The findings and recommendations of the authorized officer, and the other documents previously specified in this section to be prepared by the authorized officer shall be made a part of the case file. The case file shall then be sent to the Director, Bureau of Land Management. At the same time, a copy of the findings and recommendations of the authorized officer shall be sent to the applicant.</P>
                <P>(1) If the applicant objects to the authorized officer's findings and recommendations to the Secretary, the applicant may, within 30 days of the receipt by the applicant of notification thereof, state its objections in writing and request the Director to review the authorized officer's findings and recommendations. The applicant shall be advised of the Director's decision within 30 days of receipt of the applicant's statement of objections in the Bureau of Land Management's Washington office. The applicant's statement of objections and the Director's decision shall be made a part of the case file and thereafter the case file shall be submitted to the Secretary.</P>
                <P>(2) If the applicant disagrees with the decision of the Director, Bureau of Land Management, the applicant may, within 30 days of receipt by the applicant of the Director's decision, submit to the Secretary a statement of reasons for disagreement. The statement shall be considered by the Secretary together with the findings and recommendations of the authorized officer, the applicant's statement of objections, the decision of the Director, the balance of the case file and such additional information as the Secretary may request.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2310.3-3</SECTNO>
                <SUBJECT>Action by the Secretary: Public land orders and notices of denial.</SUBJECT>
                <P>(a) Except for national defense withdrawals which can only be made by an Act of Congress, and except as may be otherwise provided in section 1(d) of Executive Order 10355 (17 FR 4833), for applications that are subject to that order, the allowance or denial, in whole or in part, of a withdrawal, modification or extension application, may only be made by the Secretary.</P>

                <P>(b)(1) Before the allowance of an application, in whole or in part, the Secretary shall first approve all applicable memoranda of understanding and the applicant shall make all certifications required in this part. When an application has been finally allowed, in whole or in part, by the Secretary, an order to that effect shall be published promptly in the <E T="04">Federal Register.</E> Each order shall be designated as, and shall be signed by the Secretary and <PRTPAGE P="88"/>issued in the form of, a <E T="03">public land order.</E> Water shall be reserved pursuant to Federal law for use in carrying out the purposes of the withdrawal only if specifically so stated in the relevant public land order. In appropriate cases, the public land order also shall refer to the memorandum of understanding discussed in § 2310.3-2(c) of this title and shall be drawn to comply with § 2310.3-6 of this title.</P>
                <P>(2) On the same day an order withdrawing 5,000 or more acres in the aggregate is signed, the Secretary shall advise, in writing, each House of the Congress, or in the case of an emergency withdrawal, the appropriate Committee of each House, of the withdrawal action taken. Pursuant to the Secretary's authority under the act, the notices that are sent to the Congress shall be accompanied by the information required by section 204(c)(2) of the Act (43 U.S.C. 1714(c)(2)), except in the case of an emergency withdrawal, transmittal of the required information may be delayed as provided in § 2310.5(c) of this title.</P>
                <P>(c) When the action sought in an application involves the exercise by the Secretary of authority delegated by Executive Order 10355 (17 FR 4831) and the Secretary denies the application in whole or in part, the applicant shall be notified of the reasons for the Secretary's decision. The decision shall be subject to further consideration only if the applicant informs the Secretary, in writing, within 15 days of the receipt by the applicant of the Secretary's decision, that the applicant has submitted the matter to the Office of Management and Budget for consideration and adjustment, as provided for in section 1(d) of the Executive Order.</P>
                <P>(d) A withdrawal application shall be denied, if, in the opinion of the Secretary, the applicant is attempting to circumvent the Congressional review provisions of section 204(c)(1) of the Act (43 U.S.C. 1714(c)(1)) concerning withdrawals of 5,000 or more acres in the aggregate.</P>

                <P>(e) When an application is denied in its entirety by the Secretary, a notice to that effect, signed by the Secretary, shall be published promptly in the <E T="04">Federal Register.</E>
                </P>
                <P>(f) In the case of a national defense withdrawal that may only be made by an Act of Congress, the Secretary shall transmit to the Congress proposed legislation effecting the withdrawal requested, together with the recommendations of the Secretary which may or may not support the proposed legislation in whole or in part. The proposed legislation shall contain such provisions for continued operation of the public land laws as to the public land areas included in the requested withdrawal as shall be determined by the Secretary to be compatible with the intended military use.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2310.3-4</SECTNO>
                <SUBJECT>Duration of withdrawals.</SUBJECT>

                <P>(a) An order initially withdrawing 5,000 or more acres of land in the aggregate, on the basis of the Secretary's authority under section 204 of the Act (43 U.S.C. 1714), may be made for a period not to exceed 20 years from the date the order is signed, except that withdrawals exceeding 5,000 acres in the State of Alaska shall not become effective until notice is provided in the <E T="04">Federal Register</E> and to both Houses of Congress. All orders withdrawing 5,000 or more acres in the aggregate shall be subject to the Congressional review provision of section 204(c) of the Act (43 U.S.C. 1714(c)), except as follows:</P>
                <P>(1) A National Wildlife Refuge System withdrawal may not be terminated as provided in section 204(c)(1) of the Act (43 U.S.C 1714(c)(1)) other than by an Act of Congress; or</P>
                <P>(2) A withdrawal exceeding 5,000 acres in the State of Alaska shall terminate unless Congress passes a Joint Resolution of approval within 1 year after the notice of such withdrawal has been submitted to the Congress.</P>
                <P>(b) An order initially withdrawing less than 5,000 acres of land, in the aggregate, on the basis of the Secretary's authority under section 204 of the Act (43 U.S.C. 1714), may be made:</P>
                <P>(1) For such time as the Secretary determines desirable for a resource use;</P>

                <P>(2) For not more than 20 years for any other use, including, but not limited to, the use of lands for non-resource uses, related administrative sites and facilities or for other proprietary purposes; or<PRTPAGE P="89"/>
                </P>
                <P>(3) For not more than 5 years to preserve the lands for a specific use then under consideration by either House of Congress.</P>
                <P>(c) An order withdrawing lands on the basis of an emergency as provided for in section 204(e) of the Act (43 U.S.C. 1714(e)) may be made for not more than 3 years.</P>
                <P>(d) Except for emergency withdrawals, withdrawals of specific duration may be extended, as provided for in § 2310.4 of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2310.3-5</SECTNO>
                <SUBJECT>Compensation for improvements.</SUBJECT>
                <P>(a) When an application is allowed, the applicant shall compensate the holder of record of each permit, license or lease lawfully terminated or revoked after the allowance of an application, for all authorized improvements placed on the lands under the terms and conditions of the permit, license or lease, before the lands were segregated or withdrawn. The amount of such compensation shall be determined by an appraisal as of the date of revocation or termination of the permit, license or lease, but shall not exceed fair market value. To the extent such improvements were constructed with Federal funds, they shall not be compensable unless the United States has been reimbursed for such funds prior to the allowance of the application and then only to the extent of the sum that the United States has received.</P>
                <P>(b) When an application is allowed that affects public lands which are subject to permits or leases for the grazing of domestic livestock and that is required to be terminated, the applicant shall comply with the cancellation notice and compensation requirements of section 402(g) of the Act (43 U.S.C. 1752(g)), to the extent applicable.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2310.3-6</SECTNO>
                <SUBJECT>Transfer of jurisdiction.</SUBJECT>
                <P>A public land order that reserves lands for a department, agency or office, shall specify the extent to which jurisdiction over the lands and their related resource uses will be exercised by that department, agency or office. (See § 2310.3-2(c) of this title).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2310.4</SECTNO>
                <SUBJECT>Review and extensions of withdrawals.</SUBJECT>
                <P>(a) Discretionary withdrawals of specific duration, whether made prior to or after October 21, 1976, shall be reviewed by the Secretary commencing at least 2 years before the expiration date of the withdrawal. When requested, the department, agency or office benefitting from the withdrawal shall promptly provide the Secretary with the information required by § 2310.1-2(c) of this title, and the information required by § 2310.3-2(b) of this title, in the form of a withdrawal extension application with supplemental information. If the concerned department, agency or office is delinquent in responding to such request, the deliquency shall constitute a ground for not extending the withdrawal. Such withdrawals may be extended or further extended only upon compliance with these regulations, and only if the Secretary determines that the purpose for which the withdrawal was first made requires the extension, and then only for a period that shall not exceed the duration of the original withdrawal period. In allowing an extension, the Secretary shall comply with the provisions of section 204(c) of the Act (43 U.S.C. 1714(c)), or section 204(d) of the Act (43 U.S.C. 1714(d)), whichever is applicable; and, whether or not an extension is allowed, the Secretary shall report promptly on the decision for each pending extension to the Congressional Committees that are specified in section 204(f) of the Act (43 U.S.C. 1714(f)).</P>
                <P>(b) Notwithstanding the provisions of this section, if the Secretary determines that a National Wildlife Refuge System withdrawal of specific duration shall not be extended, the Secretary shall nevertheless extend or reextend the withdrawal until such time as the withdrawal is terminated by an Act of Congress.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2310.5</SECTNO>
                <SUBJECT>Special action on emergency withdrawals.</SUBJECT>

                <P>(a) When the Secretary determines, or when either one of the two Committees of the Congress that are specified in section 204(e) of the Act (43 U.S.C. 1714(e)) notifies the Secretary, that an emergency exists and that extraordinary measures need to be taken to <PRTPAGE P="90"/>protect natural resources or resource values that otherwise would be lost, the Secretary shall immediately make a withdrawal which shall be limited in its scope and duration to the emergency. An emergency withdrawal shall be effective when signed, shall not exceed 3 years in duration and may not be extended by the Secretary. If it is determined that the lands involved in an emergency withdrawal should continue to be withdrawn, a withdrawal application should be submitted to the Bureau of Land Management in keeping with the normal procedures for processing a withdrawal as provided for in this subpart. Such applications will be subject to the provisions of section 204(c) of the Act (43 U.S.C. 1714(c)), or section 204(d) of the Act (43 U.S.C. 1714(d), whichever is applicable, as well as section 204(b)(1) of the Act (43 U.S.C. 1714(b)(1)).</P>
                <P>(b) When an emergency withdrawal is signed, the Secretary shall on the same day, send a notice of the withdrawal to the two Committees of the Congress that are specified for that purpose in section 204(e) of the Act (43 U.S.C. 1714(e)).</P>
                <P>(c) The Secretary shall forward a report to each of the aforementioned committees within 90 days after filing with them the notice of emergency withdrawal. Reports for all such withdrawals, regardless of the amount of acreage withdrawn, shall contain the information specified in section 204(c)(2) of the Act (43 U.S.C. 1714(c)(2)).</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2320—Federal Energy Regulatory Commission Withdrawals</HD>
              <SECTION>
                <SECTNO>§ 2320.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>(a) Section 24 of the Federal Power Act of June 10, 1920, as amended (16 U.S.C. 818), provides that any lands of the United States included in an application for power development under that Act shall, from the date of filing of an application therefor, be reserved from entry, location or other disposal under the laws of the United States until otherwise directed by the Federal Energy Regulatory Commission or by Congress. This statute also provides that whenever the Commission shall determine that the value of any lands of the United States withdrawn or classified for power purposes shall not be injured or destroyed for such purposes by location, entry or selection under the public land laws, the Secretary of the Interior shall declare such lands open to location, entry or selection for such purposes under such restrictions as the Commission may determine are necessary, and subject to and with a reservation of the right of the United States or its permittees or licensees to enter upon, occupy and use any and all of the lands for power purposes. Before any lands are declared open to location, entry or selection, the Secretary shall give notice of his intention to make this declaration to the Governor of the State within which such lands are located, and the State shall have a preference for a period of 90 days from the date of this notice to file under any applicable law or regulation an application of the State, or any political subdivision thereof, for any lands required as a right-of-way for a public highway or as a source of materials for the construction and maintenance of such highways. The 90-day preference does not apply to lands which remain withdrawn for national forest or other purposes.</P>

                <P>(b) The Mining Claims Rights Restoration Act of 1955 (30 U.S.C. 621 <E T="03">et seq.</E>), opened public lands which were then, or thereafter, withdrawn or classified for power purposes, with specified exceptions, to mineral location and development under certain circumstances.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2320.1</SECTNO>
                <SUBJECT>Lands considered withdrawn or classified for power purposes.</SUBJECT>

                <P>The following classes of lands of the United States are considered as withdrawn or classified for the purposes of section 24 of the Federal Power Act (16 U.S.C. 818): Lands withdrawn for powersite reserves under sections 1 and 2 of the Act of June 25, 1910, as amended (43 U.S.C. 141-148); lands included in an application for power development under the Federal Power Act (16 U.S.C. 818); lands classified for powersite purposes under the Act of March 3, 1879 (43 U.S.C. 31); lands designated as valuable for power purposes under the Act of June 25, 1910, as amended (43 U.S.C. 148); the Act of June 9, 1916 (39 Stat. <PRTPAGE P="91"/>218, 219), and the Act of February 26, 1919 (40 Stat. 1178, 1180); lands within final hydroelectric power permits under the Act of February 15, 1901 (43 U.S.C. 959); and lands within transmission line permits or approved rights-of-way under the aforementioned Act of February 15, 1901, or the Act of March 4, 1911 (43 U.S.C. 961).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2320.2</SECTNO>
                <SUBJECT>General determinations under the Federal Power Act.</SUBJECT>
                <P>(a) On April 22, 1922, the Federal Power Commission (as predecessor to the Federal Energy Regulatory Commission) made a general determination “that where lands of the United States have heretofore been or hereafter may be reserved or classified as powersites, such reservation or classification being made solely because such lands are either occupied by power transmission lines or their occupancy and use for such purposes have been applied for or authorized under appropriate laws of the United States, and such lands have otherwise no value for power purposes, and are not occupied in trespass, the Commission determines that the value of such lands so reserved or classified or so applied for or authorized, shall not be injured or destroyed for the purposes of power development by location, entry or selection under the public land laws, subject to the reservation of section 24 of the Federal Power Act.”</P>
                <P>(b) The regulations governing mining locations on lands withdrawn or classified for power purposes, including lands that have been restored and opened to mining locations under section 24 of the Federal Power Act, are contained in subpart 3730 and in Group 3800 of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2320.3</SECTNO>
                <SUBJECT>Applications for restoration.</SUBJECT>
                <P>(a) Other than with respect to national forest lands, applications for restoration and opening of lands withdrawn or classified for power purposes under the provisions of section 24 of the Federal Power Act shall be filed, in duplicate, in the proper office of the Bureau of Land Management as set forth in § 2321.2-1 of this title. No particular form of application is required, but it shall be typewritten or in legible handwriting, and it shall contain the information required by 18 CFR 25.1. Each application shall be accompanied by a service charge of $10 which is not returnable.</P>
                <P>(b) Favorable action upon an application for restoration shall not give the applicant any preference right when the lands are opened.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2360</EAR>
            <HD SOURCE="HED">PART 2360—NATIONAL PETROLEUM RESERVE IN ALASKA</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2361—Management and Protection of the National Petroleum Reserve in Alaska</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2361.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <SECTNO>2361.0-2</SECTNO>
                <SUBJECT>Objectives.</SUBJECT>
                <SECTNO>2361.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2361.0-4</SECTNO>
                <SUBJECT>Responsibility.</SUBJECT>
                <SECTNO>2361.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>2361.0-6</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>2361.0-7</SECTNO>
                <SUBJECT>Effect of law.</SUBJECT>
                <SECTNO>2361.1</SECTNO>
                <SUBJECT>Protection of the environment.</SUBJECT>
                <SECTNO>2361.2</SECTNO>
                <SUBJECT>Use authorizations.</SUBJECT>
                <SECTNO>2361.3</SECTNO>
                <SUBJECT>Unauthorized use and occupancy.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2361—Management and Protection of the National Petroleum Reserve in Alaska</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>42 FR 28721, June 3, 1977, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2361.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>

                <P>The purpose of the regulations in this subpart is to provide procedures for the protection and control of environmental, fish and wildlife, and historical or scenic values in the National Petroleum Reserve in Alaska pursuant to the provisions of the Naval Petroleum Reserves Production Act of 1976 (90 Stat. 303; 42 U.S.C. 6501 <E T="03">et seq.</E>).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2361.0-2</SECTNO>
                <SUBJECT>Objectives.</SUBJECT>
                <P>The objective of this subpart is to provide for the protection of the environmental, fish and wildlife, and historical or scenic values of the Reserve so that activities which are or might be detrimental to such values will be carefully controlled to the extent consistent with the requirements of the Act for petroleum exploration of the reserve.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="92"/>
                <SECTNO>§ 2361.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>

                <P>The Naval Petroleum Reserve Production Act of 1976 (90 Stat. 303, 42 U.S.C. 6501, <E T="03">et seq.</E>) is the statutory authority for these regulations.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2361.0-4</SECTNO>
                <SUBJECT>Responsibility.</SUBJECT>
                <P>(a) The Bureau of Land Management (BLM) is responsible for the surface management of the reserve and protection of the surface values from environmental degradation, and to prepare rules and regulations necessary to carry out surface management and protection duties.</P>
                <P>(b) The U.S. Geological Survey is responsible for management of the continuing exploration program during the interim between the transfer of jurisdiction from the U.S. Navy to the U.S. Department of the Interior and the effective date of any legislation for a permanent development and production program to enforce regulations and stipulations which relate to the exploration of petroleum resources of the Reserve, and to operate the South Barrow gas field or such other fields as may be necessary to supply gas at reasonable and equitable rates to the Native village of Barrow and other communities and installations at or near Point Barrow, Alaska, and to installations of the Department of Defense and other agencies of the U.S. located at or near Point Barrow, Alaska.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2361.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>As used in this subpart, the following terms shall have the following meanings:</P>
                <P>(a) <E T="03">Act</E> means the Naval Petroleum Reserves Production Act of 1976 (90 Stat. 303, 42 U.S.C. 6501, <E T="03">et seq.</E>).</P>
                <P>(b) <E T="03">Authorized officer</E> means any employee of the Bureau of Land Management who has been delegated the authority to perform the duties of this subpart.</P>
                <P>(c) <E T="03">Exploration</E> means activities conducted on the Reserve for the purpose of evaluating petroleum resources which include crude oil, gases of all kinds (natural gas, hydrogen, carbon dioxide, helium, and any others), natural gasoline, and related hydrocarbons (tar sands, asphalt, propane butane, etc.), oil shale and the products of such resources.</P>
                <P>(d) <E T="03">Reserve</E> means those lands within the National Petroleum Reserve in Alaska (prior to June 1, 1977, designated Naval Petroleum Reserve No. 4) which was established by Executive order of the President, dated February 27, 1923, except for tract Numbered 1 as described in Public Land Order 2344 (the Naval Arctic Research Laboratory—surface estate only) dated April 24, 1961.</P>
                <P>(e) <E T="03">Secretary</E> means the Secretary of the Interior.</P>
                <P>(f) <E T="03">Special areas</E> means areas within the reserve identified by the Secretary of the Interior as having significant subsistence, recreational, fish and wildlife, or historical or scenic value and, therefore, warranting maximum protection of such values to the extent consistent with the requirements of the Act for the exploration of the Reserve.</P>
                <P>(g) <E T="03">Use authorization</E> means a written approval of a request for use of land or resources.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2361.0-6</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2361.0-7</SECTNO>
                <SUBJECT>Effect of law.</SUBJECT>
                <P>(a) Subject to valid existing rights, all lands within the exterior boundaries of the Reserve are reserved and withdrawn from all forms of entry and disposition under the public land laws, including the mining and mineral leasing laws, and all other Acts.</P>
                <P>(b) Notwithstanding the provisions of paragraph (a) of this section, the Secretary is authorized to:</P>
                <P>(1) Make dispositions of mineral materials pursuant to the Act of July 31, 1947 (61 Stat. 681), as amended (30 U.S.C. 601), for appropriate use by Alaska Natives.</P>
                <P>(2) Make such dispositions of mineral materials and grant such rights-of-way, licenses, and permits as may be necessary to carry out his responsibilities under the Act.</P>

                <P>(3) Convey the surface of lands properly selected on or before December 18, 1975, by Native village corporations pursuant to the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, <E T="03">et seq.</E>).</P>

                <P>(c) All other provisions of law heretofore enacted and actions heretofore <PRTPAGE P="93"/>taken reserving such lands as a Reserve shall remain in full force and effect to the extent not inconsistent with the Act.</P>
                <P>(d) To the extent not inconsistent with the Act, all other public land laws are applicable.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2361.1</SECTNO>
                <SUBJECT>Protection of the environment.</SUBJECT>
                <P>(a) The authorized officer shall take such action, including monitoring, as he deems necessary to mitigate or avoid unnecessary surface damage and to minimize ecological disturbance throughout the reserve to the extent consistent with the requirements of the Act for the exploration of the reserve.</P>
                <P>(b) The Cooperative Procedures of January 18, 1977, for National Petroleum Reserve in Alaska between the Bureau of Land Management (BLM) and the U.S. Geological Survey (GS) (42 FR 4542, January 25, 1977) provides the procedures for the mutual cooperation and interface of authority and responsibility between GS and BLM concerning petroleum exploration activities (i.e., geophysical and drilling operations), the protection of the environment during such activities in the Reserve, and other related activities.</P>

                <P>(c) Maximum protection measures shall be taken on all actions within the Utikok River Uplands, Colville River, and Teshekpuk Lake special areas, and any other special areas identified by the Secretary as having significant subsistence, recreational, fish and wildlife, or historical or scenic value. The boundaries of these areas and any other special areas identified by the Secretary shall be identified on maps and be available for public inspection in the Fairbanks District Office. In addition, the legal description of the three special areas designated herein and any new areas identified hereafter will be published in the <E T="04">Federal Register</E> and appropriate local newspapers. Maximum protection may include, but is not limited to, requirements for:</P>
                <P>(1) Rescheduling activities and use of alternative routes, (2) types of vehicles and loadings, (3) limiting types of aircraft in combination with minimum flight altitudes and distances from identified places, and (4) special fuel handling procedures.</P>
                <P>(d) Recommendations for additional special areas may be submitted at any time to the authorized officer. Each recommendation shall contain a description of the values which make the area special, the size and location of the area on appropriate USGS quadrangle maps, and any other pertinent information. The authorized officer shall seek comments on the recommendation(s) from interested public agencies, groups, and persons. These comments shall be submitted along with his recommendation to the Secretary. Pursuant to section 104(b) of the Act, the Secretary may designate that area(s) which he determines to have special values requiring maximum protection. Any such designated area shall be identified in accordance with the provision of § 2361.1(c) of this subpart.</P>
                <P>(e)(1) To the extent consistent with the requirements of the Act and after consultation with appropriate Federal, State, and local agencies and Native organizations, the authorized officer may limit, restrict, or prohibit use of and access to lands within the Reserve, including special areas. On proper notice as determined by the authorized officer, such actions may be taken to protect fish and wildlife breeding, nesting, spawning, lambing of calving activity, major migrations of fish and wildlife, and other environmental, scenic, or historic values.</P>
                <P>(2) The consultation requirement in § 2361.1(e)(1) of this subpart is not required when the authorized officer determines that emergency measures are required.</P>
                <P>(f) No site, structure, object, or other values of historical archaelogical, cultural, or paleontological character, including but not limited to historic and prehistoric remains, fossils, and artifacts, shall be injured, altered, destroyed, or collected without a current Federal Antiquities permit.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2361.2</SECTNO>
                <SUBJECT>Use authorizations.</SUBJECT>

                <P>(a) Except for petroleum exploration which has been authorized by the Act, use authorizations must be obtained from the authorized officer prior to any use within the Reserve. Only those uses <PRTPAGE P="94"/>which are consistent with the purposes and objectives of the Act will be authorized.</P>
                <P>(b) Except as may be limited, restricted, or prohibited by the authorized officer pursuant to § 2361.1 of this subpart or otherwise, use authorizations are not required for (1) subsistence uses (e.g., hunting, fishing, and berry picking) and (2) recreational uses (e.g., hunting, fishing, backpacking, and wildlife observation).</P>
                <P>(c) Applications for use authorizations shall be filed in accordance with applicable regulations in this chapter. In the absence of such regulation, the authorized officer may make such dispositions absence of such regulations, the author-of mineral materials and grant such rights-of-way, licenses, and permits as may be necessary to carry out his responsibilities under the Act.</P>
                <P>(d) In addition to other statutory or regulatory requirements, approval of applications for use authorizations shall be subject to such terms and conditions which the authorized officer determines to be necessary to protect the environmental, fish and wildlife, and historical or scenic values of the Reserve.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2361.3</SECTNO>
                <SUBJECT>Unauthorized use and occupancy.</SUBJECT>
                <P>Any person who violates or fails to comply with regulations of this subpart is subject to prosecution, including trespass and liability for damages, pursuant to the appropriate laws.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2370</EAR>
            <HD SOURCE="HED">PART 2370—RESTORATIONS AND REVOCATIONS</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2370—Restorations and Revocations; General</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2370.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <SECTNO>2370.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2372—Procedures</HD>
                <SECTNO>2372.1</SECTNO>
                <SUBJECT>Notice of intention to relinquish action by holding agency.</SUBJECT>
                <SECTNO>2372.2</SECTNO>
                <SUBJECT>Report to General Services Administration.</SUBJECT>
                <SECTNO>2372.3</SECTNO>
                <SUBJECT>Return of lands to the public domain; conditions.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2374—Acceptance of Jurisdiction by BLM</HD>
                <SECTNO>2374.1</SECTNO>
                <SUBJECT>Property determinations.</SUBJECT>
                <SECTNO>2374.2</SECTNO>
                <SUBJECT>Conditions of acceptance by BLM.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority: </HD>
              <P>63 Stat. 377 as amended, R.S. 2478; 40 U.S.C. 472, 43 U.S.C. 1201.</P>
            </AUTH>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2370—Restorations and Revocations; General</HD>
              <SECTION>
                <SECTNO>§ 2370.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <P>The regulations of this part 2370 apply to lands and interests in lands withdrawn or reserved from the public domain, except lands reserved or dedicated for national forest or national park purposes, which are no longer needed by the agency for which the lands are withdrawn or reserved.</P>
                <CITA>[35 FR 9558, June 13, 1970]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2370.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>The Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, governs the disposal of surplus Federal lands or interests in lands. Section 3 of that Act (40 U.S.C. 472), as amended, February 28, 1958 (72 Stat. 29), excepts from its provisions the following:</P>
                <P>(a) The public domain.</P>
                <P>(b) Lands reserved or dedicated for national forest or national park purposes.</P>
                <P>(c) Minerals in lands or portions of lands withdrawn or reserved from the public domain which the Secretary of the Interior determines are suitable for disposition under the public land mining and mineral leasing laws.</P>
                <P>(d) Lands withdrawn or reserved from the public domain, but not including lands or portions of lands so withdrawn or reserved which the Secretary of the Interior, with the concurrence of the Administrator of the General Services Administration, determines are not suitable for return to the public domain for disposition under the general public-land laws, because such lands are substantially changed in character by improvements or otherwise.</P>
                <CITA>[35 FR 9558, June 13, 1970]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <PRTPAGE P="95"/>
              <HD SOURCE="HED">Subpart 2372—Procedures</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9558, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2372.1</SECTNO>
                <SUBJECT>Notice of intention to relinquish action by holding agency.</SUBJECT>
                <P>(a) Agencies holding withdrawn or reserved lands which they no longer need will file, in duplicate, a notice of intention to relinquish such lands in the proper office (see § 1821.2-1 of this chapter).</P>
                <P>(b) No specific form of notice is required, but all notices must contain the following information:</P>
                <P>(1) Name and address of the holding agency.</P>
                <P>(2) Citation of the order which withdrew or reserved the lands for the holding agency.</P>
                <P>(3) Legal description and acreage of the lands, except where reference to the order of withdrawal or reservation is sufficient to identify them.</P>
                <P>(4) Description of the improvements existing on the lands.</P>
                <P>(5) The extent to which the lands are contaminated and the nature of the contamination.</P>
                <P>(6) The extent to which the lands have been decontaminated or the measures taken to protect the public from the contamination and the proposals of the holding agency to maintain protective measures.</P>
                <P>(7) The extent to which the lands have been changed in character other than by construction of improvements.</P>
                <P>(8) The extent to which the lands or resources thereon have been disturbed and the measures taken or proposed to be taken to recondition the property.</P>
                <P>(9) If improvements on the lands have been abandoned, a certification that the holding agency has exhausted General Services Administration procedures for their disposal and that the improvements are without value.</P>
                <P>(10) A description of the easements or other rights and privileges which the holding agency or its predecessors have granted covering the lands.</P>
                <P>(11) A list of the terms and conditions, if any, which the holding agency deems necessary to be incorporated in any further disposition of the lands in order to protect the public interest.</P>
                <P>(12) Any information relating to the interest of other agencies or individuals in acquiring use of or title to the property or any portion of it.</P>
                <P>(13) Recommendations as to the further disposition of the lands, including where appropriate, disposition by the General Services Administration.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2372.2</SECTNO>
                <SUBJECT>Report to General Services Administration.</SUBJECT>
                <P>The holding agency will send one copy of its report on unneeded lands to the appropriate regional office of the General Services Administration for its information.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2372.3</SECTNO>
                <SUBJECT>Return of lands to the public domain; conditions.</SUBJECT>
                <P>(a) When the authorized officer of the Bureau of Land Management determines the holding agency has complied with the regulations of this part, including the conditions specified in § 2374.2 of this subpart, and that the lands or interests in lands are suitable for return to the public domain for disposition under the general public land laws, he will notify the holding agency that the Department of the Interior accepts accountability and responsibility for the property, sending a copy of this notice to the appropriate regional office of the General Services Administration.</P>
                <P>(b)[Reserved]</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2374—Acceptance of Jurisdiction by BLM</HD>
              <SECTION>
                <SECTNO>§ 2374.1</SECTNO>
                <SUBJECT>Property determinations.</SUBJECT>
                <P>(a) When the authorized officer of the Bureau of Land Management determines that the holding agency has complied with the regulations of this part and that the lands or interests in lands other than minerals are not suitable for return to the public domain for disposition under the general public land laws, because the lands are substantially changed in character by improvements or otherwise, he will request the appropriate officer of the General Services Administration, or its delegate, to concur in his determination.</P>

                <P>(b) When the authorized officer of the Bureau of Land Management determines that minerals in lands subject to <PRTPAGE P="96"/>the provisions of paragraph (a) of this section are not suitable for disposition under the public land mining or mineral leasing laws, he will notify the appropriate officer of the General Services Administration or its delegate of this determination.</P>
                <P>(c) Upon receipt of the concurrence specified in paragraph (a) of this section, the authorized officer of the Bureau of Land Management will notify the holding agency to report as excess property the lands and improvements therein, or interests in lands to the General Services Administration pursuant to the regulations of that Administration. The authorized officer of the Bureau of Land Management will request the holding agency to include minerals in its report to the General Services Administration only when the provisions of paragraph (b) of this section apply. He will also submit to the holding agency, for transmittal with its report to the General Services Administration, information of record in the Bureau of Land Management on the claims, if any, by agencies other than the holding agency of primary, joint, or secondary jurisdiction over the lands and on any encumbrances under the public land laws.</P>
                <CITA>[35 FR 9559, June 13, 1970]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2374.2</SECTNO>
                <SUBJECT>Conditions of acceptance by BLM.</SUBJECT>
                <P>Agencies will not be discharged of their accountability and responsibility under this section unless and until:</P>
                <P>(a) The lands have been decontaminated of all dangerous materials and have been restored to suitable condition or, if it is uneconomical to decontaminate or restore them, the holding agency posts them and installs protective devices and agrees to maintain the notices and devices.</P>
                <P>(b) To the extent deemed necessary by the authorized officer of the Bureau of Land Management, the holding agency has undertaken or agrees to undertake or to have undertaken appropriate land treatment measures correcting, arresting, or preventing deterioration of the land and resources thereof which has resulted or may result from the agency's use or possession of the lands.</P>
                <P>(c) The holding agency, in respect to improvements which are of no value, has exhausted General Services Administration's procedures for their disposal and certifies that they are of no value.</P>
                <P>(d) The holding agency has resolved, through a final grant or denial, all commitments to third parties relative to rights and privileges in and to the lands or interests therein.</P>
                <P>(e) The holding agency has submitted to the appropriate office mentioned in paragraph (a) of § 2372.1 a copy of, or the case file on, easements, leases, or other encumbrances with which the holding agency or its predecessors have burdened the lands or interests therein.</P>
                <CITA>[35 FR 9559, June 13, 1970]</CITA>
                <HD SOURCE="HED1">Group 2400—Land Classification</HD>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2400</EAR>
            <HD SOURCE="HED">PART 2400—LAND CLASSIFICATION</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2400—Land Classification; General</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2400.0-2</SECTNO>
                <SUBJECT>Objectives.</SUBJECT>
                <SECTNO>2400.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2400.0-4</SECTNO>
                <SUBJECT>Responsibility.</SUBJECT>
                <SECTNO>2400.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SOURCE>
                  <HD SOURCE="HED">Source: </HD>
                  <P>35 FR 9559, June 13, 1970, unless otherwise noted.</P>
                </SOURCE>
              </SUBPART>
            </CONTENTS>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2400—Land Classification; General</HD>
              <SECTION>
                <SECTNO>§ 2400.0-2</SECTNO>
                <SUBJECT>Objectives.</SUBJECT>

                <P>The statutes cited in § 2400.0-3 authorize the Secretary of the Interior to classify or otherwise take appropriate steps looking to the disposition of public lands, and on an interim basis, to classify public lands for retention and management, subject to requirements of the applicable statutes. In addition to any requirements of law, it is the policy of the Secretary (a) to specify those criteria which will be considered in the exercise of his authority and (b) to establish procedures which will permit the prompt and efficient exercise of his authority with, as far as is practicable, the knowledge and participation of the interested parties, including the general public. Nothing in these regulations is meant to affect applicable State laws governing the appropriation and use of water, regulation of <PRTPAGE P="97"/>hunting and fishing or exercise of any police power of the State.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2400.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>(a) All vacant public lands, except those in Alaska, have been, with certain exceptions, withdrawn from entry, selection, and location under the nonmineral land laws by Executive Order 6910, of November 26, 1934, and Executive Order 6964 of February 5, 1935, and amendments thereto, and by the establishment of grazing districts under section 1 of the Act of June 28, 1934 (48 Stat. 1269), as amended (43 U.S.C. 315). Section 7 of the Act of June 28, 1934 (48 Stat. 1272), as amended (43 U.S.C. 315f), authorizes the Secretary of the Interior in his discretion to examine and classify and open to entry, selection, or location under applicable law any lands withdrawn or reserved by Executive Order 6910 of November 26, 1934, or Executive Order 6964 of February 5, 1935, and amendments thereto, or within a grazing district established under that act which he finds are more valuable or suitable for the production of agricultural crops than for the production of native grasses and forage plants, or more valuable or suitable for any other use than for the use provided for under said act, or proper for acquisition in satisfaction of any outstanding lieu, exchange, or scrip rights or land grant. Classification under section 7 is a prerequisite to the approval of all entries, selections, or locations under the following subparts of this chapter, except as they apply to Alaska and with certain other exceptions: Original, Additional, Second, and Adjoining Farm Homesteads—subparts 2511, 2512, and 2513; Enlarged Homestead—subpart 2514; Indian Allotments—part 2530; Desert Land Entries—part 2520; Recreation and Public Purposes Act—part 2740 and subpart 2912; State Grants for Educational, Institutional, and Park Purposes—part 2620; Scrip Selections—part 2610 and Exchanges for the Consolidation or Extension of National Forests, Indian Reservations or Indian Holdings—Group 2200.</P>
                <P>(b) Section 8(b) of the Act of June 28, 1934 (48 Stat. 1272), as amended (43 U.S.C. 315g), authorizes the Secretary of the Interior, when public interests will be benefited thereby, to accept on behalf of the United States title to any privately owned lands within or without the boundaries of a grazing district established under that act and in exchange therefor to issue patent for not to exceed an equal value of surveyed grazing district land or of unreserved surveyed public land in the same State or within a distance of not more than 50 miles within the adjoining State nearest the base lands. The regulations governing such exchanges are contained in Group 2200 of this chapter.</P>
                <P>(c) Section 2455 of the Revised Statutes, as amended (43 U.S.C. 1171), authorizes the Secretary of the Interior in his discretion to order into market and sell at public auction isolated or disconnected tracts of public land not exceeding 1,520 acres, and tracts not exceeding 760 acres the greater part of which are mountainous or too rough for cultivation. The regulations governing such sales are contained in part 2710 of this chapter.</P>
                <P>(d) Section 3 of the Act of August 28, 1937 (50 Stat. 875, 43 U.S.C. 1181c), authorizes the Secretary of the Interior to classify, either on application or otherwise, and restore to homestead entry, or purchase under the provisions of section 2455 of the Revised Statutes, as amended, any of the revested Oregon and California Railroad or reconveyed Coos Bay Wagon Road grant land which, in his judgment, is more suitable for agricultural use than for afforestation, reforestation, stream-flow protection, recreation, or other public purposes. The regulations governing disposal under this act are contained in part 2710 of this chapter.</P>
                <P>(e) The Small Tract Act of June 1, 1938 (52 Stat. 609), as amended (43 U.S.C. 682a-e), authorizes the Secretary of the Interior, in his discretion, to lease or sell certain classes of public lands which he classifies as chiefly valuable for residence, recreation, business or community site purposes. The regulations governing leases and sales under this act are contained in part 2730 and subpart 2913 of this chapter.</P>

                <P>(f) The Recreation and Public Purposes Act of June 14, 1926 (44 Stat. 741), as amended (43 U.S.C. 869-869-4), requires the Secretary of the Interior, in the exercise of his discretion to make a determination that land is to be used <PRTPAGE P="98"/>for an established or definitely proposed project, and in the case of Alaska authorizes him to classify certain classes of public lands for lease or sale for recreation or other public purposes. The regulations governing lease and sale of land under this act are contained in part 2740 and subpart 2912 of this chapter.</P>
                <P>(g) The Act of July 31, 1939 (53 Stat. 1144), authorizes and empowers the Secretary of the Interior, in the administration of the Act of August 28, 1937 (supra), in his discretion, to exchange any land formerly granted to the Oregon &amp; California Railroad Co., title to which was revested in the United States pursuant to the provisions of the Act of June 9, 1916 (39 Stat. 218), and any land granted to the State of Oregon, title to which was reconveyed to the United States by the Southern Oregon Co. pursuant to the provisions of the Act of February 26, 1919 (40 Stat. 1179), for lands of approximately equal aggregate value held in private, State, or county ownership, either within or contiguous to the former limits of such grants, when by such action the Secretary of the Interior will be enabled to consolidate advantageously the holdings of lands of the United States. The regulations governing exchanges under this act are contained in part 2260 of this chapter.</P>
                <P>(h) The Alaska Public Sales Act of August 30, 1949 (63 Stat. 679), as amended (48 U.S.C. 364a-f), authorizes the Secretary of the Interior in his discretion to classify certain classes of public lands in Alaska for public sale for industrial or commercial purposes. The regulations governing sales of land under this act are contained in part 2770 of this chapter.</P>
                <P>(i) The Public Land Sale Act of September 19, 1964 (78 Stat. 988, 43 U.S.C. 1421-27), authorizes and directs the Secretary of the Interior to sell public lands in tracts not exceeding 5,120 acres, that have been classified for sale in accordance with a determination that (1) the lands are required for the orderly growth and development of a community or (2) the lands are chiefly valuable for residential, commercial, agricultural (which does not include lands chiefly valuable for grazing or raising forage crops), industrial, or public uses or development. The regulations governing such sales are contained in part 2720 of this chapter.</P>
                <P>(j) The Classification and Multiple Use Act of September 19, 1964 (78 Stat. 986, 43 U.S.C. 1411-18), authorizes the Secretary of the Interior to determine which of the public lands (and other Federal lands), including those situated in the State of Alaska exclusively administered by him through the Bureau of Land Management shall be (1) sold because they are (i) required for the orderly growth and development of a community or (ii) are chiefly valuable for residential, commercial, agricultural (which does not include lands chiefly valuable for grazing or raising forage crops), industrial, or public uses or development or (2) retained, at least for the time being, in Federal ownership and managed for (i) domestic livestock grazing, (ii) fish and wildlife development and utilization, (iii) industrial development, (iv) mineral production, (v) occupancy, (vi) outdoor recreation, (vii) timber production, (viii) watershed protection, (ix) wilderness preservation, or (x) preservation of public values that would be lost if the land passed from Federal ownership.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2400.0-4</SECTNO>
                <SUBJECT>Responsibility.</SUBJECT>
                <P>(a) Except where specified to the contrary in this group, the authority of the Secretary of the Interior to classify lands and make other determinations in accordance with the regulations of this part has been delegated to persons authorized to act in his name; to the Director, Bureau of Land Management and persons authorized to act in his name; to State Directors of the Bureau of Land Management and to any person authorized to act in the name of a State Director.</P>
                <P>(b) Classifications and other determinations in accordance with the regulations of this group may be made by the authorized officer whether or not applications or petitions have been filed for the lands.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2400.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>As used in the regulations of this group—</P>
                <P>(a) <E T="03">Residential</E> refers to single or multi-family dwellings or combinations thereof, and related community <PRTPAGE P="99"/>facilities, both seasonal and year-round.</P>
                <P>(b) <E T="03">Commercial</E> refers to the sale, exchange, or distribution of goods and services.</P>
                <P>(c) <E T="03">Industrial</E> refers to the manufacture, processing, and testing of goods and materials, including the production of power. It does not refer to the growing of agricultural crops, or the raising of livestock, or the extraction or severance of raw materials from the land being classified, but it does include activities incidental thereto.</P>
                <P>(d) <E T="03">Agricultural</E> refers to the growing of cultivated crops.</P>
                <P>(e) <E T="03">Community</E> refers to a village, town or city, or similar subdivision of a State, whether or not incorporated.</P>
                <P>(f) <E T="03">Domestic livestock</E> refers to cattle, horses, sheep, goats and other grazing animals owned by livestock operators, provided such operators meet the qualification set forth in § 4111.1-1 or § 4131.1-3 of this chapter. This definition includes animals raised for commercial purposes and also <E T="03">domestic livestock</E> within the meaning of § 4111.3-1(d)(1) of this chapter.</P>
                <P>(g) <E T="03">Fish and wildlife</E> refers to game, fish and other wild animals native or adaptable to the public lands and waters.</P>
                <P>(h) <E T="03">Mineral</E> refers to any substance that (1) is recognized as mineral, according to its chemical composition, by the standard authorities on the subject, or (2) is classified as mineral product in trade or commerce, or (3) possesses economic value for use in trade, manufacture, the sciences, or in the mechanical or ornamental arts.</P>
                <P>(i) <E T="03">Occupancy</E> refers to use of lands as a site for any type of useful structure whatsoever.</P>
                <P>(j) <E T="03">Outdoor recreation</E> includes, but is not limited to, hunting, fishing, trapping, photography, horseback riding, picnicking, hiking, camping, swimming, boating, rock and mineral collecting, sightseeing, mountain climbing, and skiing.</P>
                <P>(k) <E T="03">Timber production</E> refers to the growth of trees in forests and woodlands.</P>
                <P>(l) <E T="03">Watershed protection</E> refers to maintenance of the stability of soil and soil cover and the control of the natural flow of water.</P>
                <P>(m) <E T="03">Wilderness</E> refers to areas in a native condition or reverted to a native condition, substantially free of man-made structures and human habitation.</P>
                <P>(n) <E T="03">Public value</E> refers to an asset held by, or a service performed for, or a benefit accruing to the people at large.</P>
                <P>(o) <E T="03">Multiple use</E> means the management of the various surface and subsurface resources so that they are utilized in the combination that will best meet the present and future needs of the American people; the most judicious use of the land for some or all of these resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions; the use of some land for less than all of the resources; and harmonious and coordinated management of the various resources, each with the other, without impairment of the productivity of the land, with consideration being given to the relative values of the various resources, and not necessarily the combination of uses that will give the greatest dollar return or the greatest unit output.</P>
                <P>(p) <E T="03">Sustained yield of the several products and services</E> means the achievement and maintenance of a high-level annual or regular periodic output of the various renewable resources of land without impairment of the productivity of the land.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2410</EAR>
            <HD SOURCE="HED">PART 2410—CRITERIA FOR ALL LAND CLASSIFICATIONS</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2410—General Criteria</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2410.1</SECTNO>
                <SUBJECT>All classifications.</SUBJECT>
                <SECTNO>2410.2</SECTNO>
                <SUBJECT>Relative value, disposal or retention.</SUBJECT>
                <SOURCE>
                  <HD SOURCE="HED">Source: </HD>
                  <P>35 FR 9560, June 13, 1970, unless otherwise noted.</P>
                </SOURCE>
              </SUBPART>
            </CONTENTS>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2410—General Criteria</HD>
              <SECTION>
                <SECTNO>§ 2410.1</SECTNO>
                <SUBJECT>All classifications.</SUBJECT>

                <P>All classifications under the regulations of this part will give due consideration to ecology, priorities of use, and the relative values of the various resources in particular areas. They must be consistent with all the following criteria:<PRTPAGE P="100"/>
                </P>
                <P>(a) The lands must be physically suitable or adaptable to the uses or purposes for which they are classified. In addition, they must have such physical and other characteristics as the law may require them to have to qualify for a particular classification.</P>
                <P>(b) All present and potential uses and users of the lands will be taken into consideration. All other things being equal, land classifications will attempt to achieve maximum future uses and minimum disturbance to or dislocation of existing users.</P>
                <P>(c) All land classifications must be consistent with State and local government programs, plans, zoning, and regulations applicable to the area in which the lands to be classified are located, to the extent such State and local programs, plans, zoning, and regulations are not inconsistent with Federal programs, policies, and uses, and will not lead to inequities among private individuals.</P>
                <P>(d) All land classifications must be consistent with Federal programs and policies, to the extent that those programs and policies affect the use or disposal of the public lands.</P>
                <CITA>[35 FR 9560, June 13, 1970]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2410.2</SECTNO>
                <SUBJECT>Relative value, disposal or retention.</SUBJECT>
                <P>When, under the criteria of this part, a tract of land has potential for either retention for multiple use management or for some form of disposal, or for more than one form of disposal, the relative scarcity of the values involved and the availability of alternative means and sites for realization of those values will be considered. Long-term public benefits will be weighed against more immediate or local benefits. The tract will then be classified in a manner which will best promote the public interests.</P>
                <CITA>[35 FR 9560, June 13, 1970]</CITA>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2420</EAR>
            <HD SOURCE="HED">PART 2420—MULTIPLE-USE MANAGEMENT CLASSIFICATIONS</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2420—Criteria for Multiple-Use Management Classifications</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2420.1</SECTNO>
                <SUBJECT>Use of criteria.</SUBJECT>
                <SECTNO>2420.2</SECTNO>
                <SUBJECT>Criteria.</SUBJECT>
                <SOURCE>
                  <HD SOURCE="HED">Source: </HD>
                  <P>35 FR 9561, June 13, 1970, unless otherswise noted.</P>
                </SOURCE>
              </SUBPART>
            </CONTENTS>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2420—Criteria for Multiple-Use Management Classifications</HD>
              <SECTION>
                <SECTNO>§ 2420.1</SECTNO>
                <SUBJECT>Use of criteria.</SUBJECT>
                <P>In addition to the general criteria in subpart 2410, the following criteria will be used to determine whether public lands will be retained, in Federal ownership and managed for domestic livestock grazing, fish and wildlife development and utilization, industrial development, mineral production, occupancy, outdoor recreation, timber production, watershed protection, wilderness preservation, or preservation of public values that would be lost if the land passed from Federal ownership.</P>
                <CITA>[35 FR 9561, June 13, 1970]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2420.2</SECTNO>
                <SUBJECT>Criteria.</SUBJECT>
                <P>Lands may be classified for retention under the Classification and Multiple Use Act of September 19, 1964 (78 Stat. 986, 43 U.S.C. 1411-18), if they are not suitable for disposal under the criteria set forth in part 2430 and such classification will do one or more of the following:</P>
                <P>(a) Assist in effective and economical administration of the public lands in furtherance of the several objectives of such administration as expressed in the various public land laws.</P>
                <P>(b) Further the objectives of Federal natural resource legislation directed, among other things towards:</P>
                <P>(1) Stabilization and development of the livestock industry dependent upon Federal lands, such as sections 1 and 15 of the Taylor Grazing Act (43 U.S.C. 315 and 315m), and the Alaska Grazing Act (48 U.S.C. 471-471o).</P>

                <P>(2) Provision or preservation of adequate areas of public hunting and fishing grounds and public access thereto, and maintenance of habitat and food supplies for the fish and wildlife dependent upon the public lands and maintained under Federal and State programs, such as section 9 of the Taylor Grazing Act (43 U.S.C. 315h) and the Fish and Wildlife Coordination Act (16 U.S.C. 661-666c).<PRTPAGE P="101"/>
                </P>
                <P>(3) Fostering the economy of the nation by industrial and mineral development, such as through the materials sales and mineral leasing laws (Group 3000 of this chapter) and the rights-of-way laws (Group 2800 of this chapter).</P>
                <P>(4) Realization of the beneficial utilization of the public lands through occupancy leases, such as under the Recreation and Public Purposes Act (43 U.S.C. 869-869-4) and the Small Tract Act (43 U.S.C. 682a-682e).</P>

                <P>(5) Provision of needed recreation, conservation, and scenic areas and open space (42 U.S.C. 1500-1500e) and assurance of adequate outdoor recreation resources for present and future generations of Americans (16 U.S.C. 460-1 <E T="03">et seq.</E>).</P>
                <P>(6) Stabilization of the timber industry and dependent communities and sustained-yield production of timber and other forest products, such as the Materials Sales Act (30 U.S.C. 601-604), and, in connection with management of other Federal lands, the O and C Act (43 U.S.C. 1181a-1181f, 1181g-1181j).</P>

                <P>(7) Protection of frail lands, conservation of productive soils and water supplies, and prevention of damage and loss due to excessive runoff, flooding, salination, and siltation, such as the Soil and Moisture Conservation Act (16 U.S.C. 590a <E T="03">et seq.</E>) and section 2 of the Taylor Grazing Act (43 U.S.C. 315a).</P>
                <P>(c) Preservation of public values that would be lost if the land passed from Federal ownership (43 U.S.C. 1411-1418) such as where</P>
                <P>(1) The lands are needed to protect or enhance established Federal programs, by such means as provision of buffer zones, control of access, maintenance of water supplies, reduction and prevention of water pollution, exclusion of nonconforming inholdings, maintenance of efficient management areas, provision of research areas, and maintenance of military areas or sites for other government activities.</P>
                <P>(2) The lands should be retained in Federal ownership pending enactment of Federal legislation, which would affect them.</P>
                <P>(3) The lands should be retained in Federal ownership pending their acquisition by a State or local government.</P>
                <P>(4) The lands are best suited for multiple use management and require management for a mixture of uses in order to best benefit the general public and such management could not be achieved if the lands were in private ownership.</P>
                <P>(5) The lands contain scientific, scenic, historic, or wilderness values which would be lost to the general public if they were transferred out of Federal ownership.</P>
                <P>(6) Transfer of the lands would be inconsistent with national objectives for the preservation of natural beauty of the country and the proper utilization of open space.</P>
                <CITA>[35 FR 9561, June 13, 1970]</CITA>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2430</EAR>
            <HD SOURCE="HED">PART 2430—DISPOSAL CLASSIFICATIONS</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2430—Criteria for Disposal Classifications</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2430.1</SECTNO>
                <SUBJECT>Use of criteria.</SUBJECT>
                <SECTNO>2430.2</SECTNO>
                <SUBJECT>General criteria for disposal classification.</SUBJECT>
                <SECTNO>2430.3</SECTNO>
                <SUBJECT>Additional criteria for classification of lands needed for urban or suburban purposes.</SUBJECT>
                <SECTNO>2430.4</SECTNO>
                <SUBJECT>Additional criteria for classification of lands valuable for public purposes.</SUBJECT>
                <SECTNO>2430.5</SECTNO>
                <SUBJECT>Additional criteria for classification of lands valuable for residential, commercial, agricultural, or industrial purposes.</SUBJECT>
                <SECTNO>2430.6</SECTNO>
                <SUBJECT>Additional criteria for lands valuable for other purposes.</SUBJECT>
                <SOURCE>
                  <HD SOURCE="HED">Source: </HD>
                  <P>35 FR 9561, June 13, 1970, unless otherwise noted.</P>
                </SOURCE>
              </SUBPART>
            </CONTENTS>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2430—Criteria for Disposal Classifications</HD>
              <SECTION>
                <SECTNO>§ 2430.1</SECTNO>
                <SUBJECT>Use of criteria.</SUBJECT>
                <P>In addition to the general criteria in subpart 2410 the following criteria will govern classifications under the authorities listed in § 2400.0-3 for sale, selection, grant or other disposal under the Public Land Sale Act (78 Stat. 988, 43 U.S.C. 1421-1427) and other laws authorizing the Secretary of the Interior to dispose of public lands. The criteria are set forth in terms of land use classes. Where appropriate, the applicability of specific disposal laws to lands in each use class is discussed.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="102"/>
                <SECTNO>§ 2430.2</SECTNO>
                <SUBJECT>General criteria for disposal classification.</SUBJECT>
                <P>The general approach to determine the act under which lands are to be classified and disposed of is as follows:</P>
                <P>(a) Consideration under criteria listed in this part will first be given to whether the lands can be classified for retention for multiple use management, for disposal, or for both. If, under these criteria, they could be classified for both, the principles of § 2410.2 will be applied.</P>
                <P>(b) If the lands are found to be suitable for disposal, consideration under the criteria of this part will be given to whether the lands are needed for urban or suburban purposes or whether they are chiefly valuable for other purposes. Lands found to be valuable for public purposes will be considered chiefly valuable for public purposes, except in situations where alternate sites are available to meet the public needs involved.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2430.3</SECTNO>
                <SUBJECT>Additional criteria for classification of lands needed for urban or suburban purposes.</SUBJECT>
                <P>(a) To be needed for urban or suburban purposes it must be anticipated that a community will embrace the lands within 15 years.</P>
                <P>(b) Lands determined to be needed for urban or suburban purposes may be classified for sale pursuant to the Public Land Sale Act as being required for the orderly growth and development of a community, if (1) adequate zoning regulations are in effect and (2) adequate local governmental comprehensive plans have been adopted.</P>
                <P>(c) Lands determined to be needed for urban or suburban purposes may be classified for disposal under any appropriate law other than the Public Land Sale Act, if disposal under such other authority would be consistent with local comprehensive plans, or in the absence of such plans, with the views of local governmental authorities.</P>
                <P>(d) Where more than one form of disposal is possible, the authorized officer will select that course of action which will best promote development of the land for urban or suburban purposes.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2430.4</SECTNO>
                <SUBJECT>Additional criteria for classification of lands valuable for public purposes.</SUBJECT>
                <P>(a) To be valuable for public purposes, lands must be suitable for use by a State or local governmental entity or agency for some noncommercial and nonindustrial governmental program or suitable for transfer to a non-Federal interest in a transaction which will benefit a Federal, State, or local governmental program.</P>
                <P>(b) Lands found to be valuable for public purposes may be classified for sale pursuant to the Public Land Sale Act as chiefly valuable for public uses or development or for transfer in satisfaction of a State land grant, or for transfer to a State or local governmental agency in exchange for other property, or for transfer to a governmental agency under any applicable act of Congress other than the Recreation and Public Purposes Act (44 Stat. 741), as amended (43 U.S.C. 869-869-4), if (1) the proposed use includes profit activities or if the interested, qualified governmental agency and the authorized officer agree that there is no need for the perpetual dedication of the lands to public uses required by the Recreation and Public Purposes Act, and (2) in the case of sales under the Public Land Sale Act, adequate zoning regulations exist in the area in which the lands are located.</P>
                <P>(c) Lands found to be valuable for public purposes will ordinarily be classified for sale or lease under the Recreation and Public Purposes Act (see part 2740 and subpart 2912 of this chapter) if the proposed use involves nonprofit activities and if it is determined by the authorized officer that the provisions of that Act are required to insure the continued dedication of the lands to such uses, or otherwise to carry out the purposes of the Act.</P>
                <P>(d) Lands may be classified for exchange under appropriate authority where they are found to be chiefly valuable for public purposes because they have special values, arising from the interest of exchange proponents, for exchange for other lands which are needed for the support of a Federal program.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="103"/>
                <SECTNO>§ 2430.5</SECTNO>
                <SUBJECT>Additional criteria for classification of lands valuable for residential, commercial, agricultural, or industrial purposes.</SUBJECT>

                <P>(a) Lands which have value for residential, commercial, agricultural, or industrial purposes, or for more than one of such purposes, will be considered chiefly valuable for that purpose which represents the <E T="03">highest and best use</E> of the lands, i.e., their most profitable legal use in private ownership.</P>
                <P>(b) Lands may be classified for sale pursuant to the Public Land Sale Act as being chiefly valuable for residential, commercial, agricultural, or industrial uses or development (other than grazing use or use for raising native forage crops), if (1) adequate zoning regulations are in effect, and, where the lands also are needed for urban or suburban development, (2) adequate local governmental comprehensive plans have been adopted.</P>
                <P>(c) Lands determined to be valuable for residential, commercial, agricultural, or industrial purposes may be classified for disposal under any appropriate authority other than the Public Land Sale Act if (1) disposal under such other authority would be consistent with local governmental comprehensive plans, or (2) in the absence of such plans, with the views of local governmental authorities.</P>
                <P>(d) Lands outside of Alaska may be classified as suitable for homestead entry under part 2510 of this chapter if they are (1) chiefly valuable for agricultural purposes, and (2) suitable for development as a home and farm for a man and his family, and (3) the anticipated return from agricultural use of the land would support the residents. If it is determined that the irrigation of land otherwise suitable for homestead entry would endanger the supply of adequate water for existing users or cause the dissipation of water reserves, such land will not be classified for entry. Land may be classified for homestead entry only if rainfall is adequate, or if under State law, there is available to the land sufficient irrigation water, to permit agricultural development of its cultivable portions.</P>
                <P>(e) Lands may be classified as suitable for desert land entry under part 2520 of this chapter if (1) the lands are chiefly valuable for agricultural purposes, and (2) all provisions concerning irrigation water set forth in § 2430.5(d) are met.</P>
                <P>(f) Lands outside of Alaska may be classified as suitable for Indian allotment under part 2530 of this chapter if (1) the lands are valuable for agricultural purposes, and (2) the lands are on the whole suitable for a home for an Indian and his family, and (3) the anticipated return from agricultural use of the land would support the residents, and (4) the requirements for water supplies set forth in § 2430.5(d) are met.</P>
                <P>(g) Lands determined to be valuable for purposes other than public purposes may be determined to be suitable for exchange if the acquisition of the offered lands, the disposition of the public lands, and the anticipated costs of consummating the exchange will not disrupt governmental operations.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2430.6</SECTNO>
                <SUBJECT>Additional criteria for lands valuable for other purposes.</SUBJECT>
                <P>Lands may be classified for disposal under any applicable authority where they are found to be chiefly valuable for purposes other than those described in §§ 2430.2-2430.5 of this section and to be not suitable for retention for multiple use management.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2440</EAR>
            <HD SOURCE="HED">PART 2440—SEGREGATION BY CLASSIFICATION</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2440—Criteria for Segregation</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2440.1</SECTNO>
                <SUBJECT>Use of criteria.</SUBJECT>
                <SECTNO>2440.2</SECTNO>
                <SUBJECT>General criterion.</SUBJECT>
                <SECTNO>2440.3</SECTNO>
                <SUBJECT>Specific criteria for segregative effect of classification for retention.</SUBJECT>
                <SECTNO>2440.4</SECTNO>
                <SUBJECT>Specific criteria for segregative effect of classification for disposal.</SUBJECT>
                <SOURCE>
                  <HD SOURCE="HED">Source: </HD>
                  <P>35 FR 9562, June 13, 1970, unless otherwise noted.</P>
                </SOURCE>
              </SUBPART>
            </CONTENTS>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2440—Criteria for Segregation</HD>
              <SECTION>
                <SECTNO>§ 2440.1</SECTNO>
                <SUBJECT>Use of criteria.</SUBJECT>

                <P>The following criteria will govern the determination of the extent to which classifications and proposed classifications will segregate the affected lands <PRTPAGE P="104"/>from settlement, location, sale, selection, entry, lease, or other forms of disposal under the public land laws, including the mining and mineral leasing laws. The segregative effect of each classification or proposed classification will be governed by applicable laws and regulations, and will be stated in the classification notice or decision.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2440.2</SECTNO>
                <SUBJECT>General criterion.</SUBJECT>
                <P>The public lands classified or proposed to be classified under the regulations of this part will be kept open to (i.e., not segregated from) as many forms of disposal as possible consistent with the purposes of the classification and the resource values of the lands.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2440.3</SECTNO>
                <SUBJECT>Specific criteria for segregative effect of classification for retention.</SUBJECT>
                <P>(a) Public lands classified or proposed to be classified for retention for multiple-use management will be segregated from those forms of disposal which, if the lands remain open thereto, could:</P>
                <P>(1) Interfere significantly with the management of the lands under principles of multiple use and sustained yield, or</P>
                <P>(2) Impair or prevent, to an appreciable extent, realization of public values in the lands, or</P>
                <P>(3) Impair or prevent, to an appreciable extent, realization of the objectives of retention and management set forth in part 2420, or</P>
                <P>(4) Lead to unnecessary expenditures of public or private funds arising out of individual efforts to acquire public lands under laws, which are in fact not applicable, because of the nature of the resources of the lands.</P>
                <P>(b) In applying the criteria in paragraph (b)(1) of this section, land shall not be closed to mining location unless the nonmineral uses would be inconsistent with and of greater importance to the public interest than the continued search for a deposit of valuable minerals.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2440.4</SECTNO>
                <SUBJECT>Specific criteria for segregative effect of classification for disposal.</SUBJECT>
                <P>Public lands classified or proposed to be classified for disposal will be segregated from those forms of disposal which, if the lands remained open thereto, could interfere with the orderly disposal of the lands pursuant to appropriate law. Public lands classified or proposed to be classified for sale under the Public Land Sale Act (78 Stat. 988, 43 U.S.C. 1411-18) will be segregated from all forms of disposal under the mining and mineral leasing laws.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2450</EAR>
            <HD SOURCE="HED">PART 2450—PETITION-APPLICATION CLASSIFICATION SYSTEM</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2450—Petition-Application Procedures</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2450.1</SECTNO>
                <SUBJECT>Filing of petition.</SUBJECT>
                <SECTNO>2450.2</SECTNO>
                <SUBJECT>Preliminary determination.</SUBJECT>
                <SECTNO>2450.3</SECTNO>
                <SUBJECT>Proposed classification decision.</SUBJECT>
                <SECTNO>2450.4</SECTNO>
                <SUBJECT>Protests: Initial classification decision.</SUBJECT>
                <SECTNO>2450.5</SECTNO>
                <SUBJECT>Administrative review.</SUBJECT>
                <SECTNO>2450.6</SECTNO>
                <SUBJECT>Effect of final order.</SUBJECT>
                <SECTNO>2450.7</SECTNO>
                <SUBJECT>Right to occupy or settle.</SUBJECT>
                <SECTNO>2450.8</SECTNO>
                <SUBJECT>Preference right of petitioner-applicant.</SUBJECT>
                <SOURCE>
                  <HD SOURCE="HED">Source: </HD>
                  <P>35 FR 9563, June 13, 1970, unless otherwise noted.</P>
                </SOURCE>
              </SUBPART>
            </CONTENTS>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2450—Petition-Application Procedures</HD>
              <SECTION>
                <SECTNO>§ 2450.1</SECTNO>
                <SUBJECT>Filing of petition.</SUBJECT>

                <P>(a) When (1) land must be classified or designated pursuant to the authorities cited in § 2400.0-3 before an application may be approved and (2) the filing of applications is permitted prior to classification, the application together with a petition for classification on a form approved by the Director (hereinafter referred to collectively as a <E T="03">petition-application</E>) must be filed in accordance with the provisions of § 1821.2 of this chapter. Lists indicating the proper office for filing of applications may be obtained from the Director or any other officer of the Bureau of Land Management. Copies of the petition for classification form and the application forms may be obtained from the proper offices or from the Bureau of Land Management, Washington, DC 20240.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2450.2</SECTNO>
                <SUBJECT>Preliminary determination.</SUBJECT>

                <P>Upon the filing of a petition-application, the authorized officer shall make <PRTPAGE P="105"/>a preliminary determination as to whether it is regular upon its face and, where there is no apparent defect, shall proceed to investigate and classify the land for which it has been filed. No further consideration will be given to the merits of an application or the qualifications of an applicant unless or until the land has been classified for the purpose for which the petition-application has been filed.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2450.3</SECTNO>
                <SUBJECT>Proposed classification decision.</SUBJECT>
                <P>(a) The State Director shall make and issue a proposed classification decision which shall contain a statement of reasons in support thereof. Such decisions shall be served upon (1) each petitioner-applicant for the land, (2) any grazing permittee, licensee, or lessee on the land, or his representative, (3) the District Advisory Board, (4) the local governing board, planning commission, State coordinating committee, or other official or quasi-official body having jurisdiction over zoning in the geographic area within which the lands are located, and (5) any governmental officials or agencies from whom the record discloses comments on the classification have been received. If the decision affects more than 2,560 acres and would lead to the disposal of the lands, the decision will also be published in accordance with the provisions of subpart 2462.</P>
                <P>(b) When there are multiple petition-applications for the same land, the proposed classification decision shall state which petition-application, if any, will be entitled to preference under applicable law; or where no petition-application has been filed for the purpose for which the land is proposed to be classified, the decision shall so state.</P>
                <P>(1) When multiple petition-applications have been filed for the same land, the one first filed for the purpose for which the land is classified will be entitled to preference under applicable law.</P>
                <P>(2) When two or more petition-applications have been simultaneously filed for the purpose for which the land is classified, the petition-application entitled to preference will be the first to be selected by drawing.</P>
                <P>(3) If no petition-application has been filed for the purpose for which it is proposed to classify the land, the proposed decision shall state that the land will be opened to application by all qualified individuals on an equal-opportunity basis after public notice.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2450.4</SECTNO>
                <SUBJECT>Protests: Initial classification decision.</SUBJECT>
                <P>(a) For a period of 30 days after the proposed classification decision has been served upon the parties listed in § 2450.3(a), protests thereto may be filed by an interested party with the State Director. No particular form of protest is required under this subparagraph, it being the intent of this procedure to afford the State Director the opportunity to review the proposed classification decision in the light of such protests.</P>
                <P>(b) If no protests are filed within the time allowed, the proposed classification action shall be issued as the initial classification decision of the State Director, and shall be served on the petitioner-applicants and upon grazing permittees, licensees, or lessees.</P>
                <P>(c) If protests are timely filed, they shall be reviewed by the State Director, who may require statements or affidavits, take testimony, or conduct further field investigations as are deemed necessary to establish the facts. At the conclusion of such review, the State Director shall issue an initial classification decision, either revised or as originally proposed, which shall be served on all interested parties.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2450.5</SECTNO>
                <SUBJECT>Administrative review.</SUBJECT>
                <P>(a) For a period of 30 days after service thereof upon all parties in interest, the initial classification decision of the State Director shall be subject to the exercise of supervisory authority by the Secretary of the Interior for the purpose of administrative review.</P>

                <P>(b) If, 30 days from receipt by parties in interest of the initial decision of the State Director, the Secretary has not either on his own motion, or motion of any protestant, petitioner-applicant, or the State Director, exercised supervisory authority for review, the initial classification decision shall become the final order of the Secretary.<PRTPAGE P="106"/>
                </P>
                <P>(c) The exercise of supervisory authority by the Secretary shall automatically vacate the initial classification decision and the final Departmental decision shall be issued by the Secretary of the Interior and served upon all parties in interest.</P>
                <P>(d) No petitioner-applicant or protestant to a proposed classification decision of a State Director to whom the provisions of this section are applicable shall be entitled to any administrative review other than that provided by this section or to appeal under provisions of parts 1840 and 1850 of this chapter.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2450.6</SECTNO>
                <SUBJECT>Effect of final order.</SUBJECT>
                <P>(a) A final order of the Secretary shall continue in full force and effect so long as the lands remain subject to classification under the authorities cited in subpart 2400 until an authorized officer revokes or modifies it. Until it is so revoked or modified, all applications and petition-applications for the lands not consistent with the classification of the lands will not be allowed. Any payments submitted therewith will be returned. If the order is revoked or modified, the land will be opened to entry on an equal-opportunity basis after public notice in accordance with applicable regulations for the purpose for which it may be classified.</P>
                <P>(b) Nothing in this section, however, shall prevent the Secretary of the Interior, personally and not through a delegate, from vacating or modifying a final order of the Secretary. In the event that the Secretary vacates or modifies a final order within sixty days of the date it became final, any preference right of a petitioner-applicant will be restored.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2450.7</SECTNO>
                <SUBJECT>Right to occupy or settle.</SUBJECT>
                <P>The filing of a petition-application gives no right to occupy or settle upon the land. A person shall be entitled to the possession and use of land only after his entry, selection, or location has been allowed, or a lease has been issued. Settlement on the land prior to that time constitutes a trespass.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2450.8</SECTNO>
                <SUBJECT>Preference right of petitioner-applicant.</SUBJECT>
                <P>Where public land is classified for entry under section 7 of the Taylor Grazing Act or under the Small Tract Act pursuant to a petition-application filed under this part, the petitioner-applicant is entitled to a preference right of entry, if qualified. If, however, it should be necessary thereafter for any reason to reject the application of the preference right claimant, the next petitioner-applicant in order of filing shall succeed to the preference right. If there is no other petitioner-applicant the land may be opened to application by all qualified individuals on an equal-opportunity basis after public notice or the classification may be revoked by the authorized officer.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2460</EAR>
            <HD SOURCE="HED">PART 2460—BUREAU INITIATED CLASSIFICATION SYSTEM</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2461—Multiple-Use Classification Procedures</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2461.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <SECTNO>2461.1</SECTNO>
                <SUBJECT>Proposed classifications.</SUBJECT>
                <SECTNO>2261.2</SECTNO>
                <SUBJECT>Classifications.</SUBJECT>
                <SECTNO>2461.3</SECTNO>
                <SUBJECT>Administrative review.</SUBJECT>
                <SECTNO>2461.4</SECTNO>
                <SUBJECT>Changing classifications.</SUBJECT>
                <SECTNO>2461.5</SECTNO>
                <SUBJECT>Segregative effect.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2462—Disposal Classification Procedure: Over 2,560 Acres</HD>
                <SECTNO>2462.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2462.1</SECTNO>
                <SUBJECT>Publication of notice of, and public hearings on, proposed classification.</SUBJECT>
                <SECTNO>2462.2</SECTNO>
                <SUBJECT>Publication of notice of classification.</SUBJECT>
                <SECTNO>2462.3</SECTNO>
                <SUBJECT>Administrative review.</SUBJECT>
                <SECTNO>2462.4</SECTNO>
                <SUBJECT>Segregative effect of publication.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2461—Multiple-Use Classification Procedures</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9564, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2461.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <P>Formal action to classify land for retention for multiple use management will be governed by the following procedures</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="107"/>
                <SECTNO>§ 2461.1</SECTNO>
                <SUBJECT>Proposed classifications.</SUBJECT>
                <P>(a) Proposed classifications will be clearly set forth on a map by the authorized officer, and on the Land Office records.</P>

                <P>(1) Notice of proposed classifications involving more than 2,560 acres will be, and those involving 2,560 acres or less may be, published in the <E T="04">Federal Register</E> and an announcement in a newspaper having general circulation in the area or areas in the vicinity of the affected lands.</P>
                <P>(2) Notice of the proposals will be sent to authorized users, licensees, lessees, and permittees, or their selected representatives, the head of the governing body of the political subdivision of the State, if any, having jurisdiction over zoning in the geographic area in which the lands are located, the governor of that State, the BLM multiple use advisory board in that State, and the District advisory board and to any other parties indicating interest in such classifications.</P>
                <P>(3) The notice will indicate where and when the map and Land Office records may be examined. The notice will specify the general location of the lands, the acreage involved, and the extent to which the land is proposed to be segregated from settlement, location, sale, selection, entry, lease, or other form of disposal under the public land laws, including the mining and mineral leasing laws. The notice of proposed classification will specify the period during which comments will be received, which will not be less than 60 days from date of publication of the notice.</P>
                <P>(4) The authorized officer will hold a public hearing on the proposal if (i) the proposed classification will affect more than 25,000 acres or (ii) he determines that sufficient public interest exists to warrant the time and expense of a hearing.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2461.2</SECTNO>
                <SUBJECT>Classifications.</SUBJECT>

                <P>Not less than 60 days after publication of the proposed classification, a classification will be made by the authorized officer, and a notice of classification published in the <E T="04">Federal Register</E> and recorded in the Land Office records and on a map which will be filed in the local BLM District Office. Such map will be available for public inspection.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2461.3</SECTNO>
                <SUBJECT>Administrative review.</SUBJECT>

                <P>For a period of 30 days after publication of the classification in the <E T="04">Federal Register</E>, the classification shall be subject to the exercise of administrative review and modification by the Secretary of the Interior.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2461.4</SECTNO>
                <SUBJECT>Changing classifications.</SUBJECT>
                <P>Classifications may be changed, using the procedures specified in this subpart.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2461.5</SECTNO>
                <SUBJECT>Segregative effect.</SUBJECT>
                <P>Segregative effect of classifications and proposed classifications:</P>
                <P>(a) Publication in the <E T="04">Federal Register</E> of a notice of proposed classification pursuant to § 2461.1(a) or of a notice of classification pursuant to § 2461.2 will segregate the affected land to the extent indicated in the notice.</P>
                <P>(b) The segregative effect of a proposed classification will terminate in one of the following ways:</P>

                <P>(1) Classification of the lands within 2 years of publication of the notice of proposed classification in the <E T="04">Federal Register</E>;</P>
                <P>(2) Publication in the <E T="04">Federal Register</E> of a notice of termination of the proposed classification;</P>
                <P>(3) An Act of Congress;</P>
                <P>(4) Expiration of a 2-year period from the date of publication of the notice of proposed classification without continuance as prescribed by the Classification and Multiple Use Act, or expiration of an additional period, not exceeding 2 years, if the required notice of proposed continuance is given.</P>
                <P>(c) The segregative effect of a classification for retention will terminate in one of the following ways:</P>
                <P>(1) Reclassification of the lands for some form of disposal;</P>
                <P>(2) Publication in the <E T="04">Federal Register</E> of a notice of termination of the classification;</P>
                <P>(3) An Act of Congress;</P>
                <P>(4) Expiration of the classification.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <PRTPAGE P="108"/>
              <HD SOURCE="HED">Subpart 2462—Disposal Classification Procedure: Over 2,560 Acres</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9564, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2462.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>Section 2 of the Classification and Multiple Use Act of September 19, 1964 (78 Stat. 986, 43 U.S.C. 1412), requires the Secretary of the Interior to take certain actions when he proposes the classification for sale or other disposal under any statute of a tract of land in excess of 2,560 acres.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2462.1</SECTNO>
                <SUBJECT>Publication of notice of, and public hearings on, proposed classification.</SUBJECT>

                <P>The authorized officer shall publish a notice of his proposed classification in the <E T="04">Federal Register</E> and an announcement in a newspaper having general circulation in the area or areas in the vicinity of the affected land. The notice shall include the legal description of the affected land, the law or laws under which the lands would be disposed of together with such other information as the authorized officer deems pertinent. Copies of the notice will be sent to the head of the governing body of the political subdivision of the State, if any, having jurisdiction over zoning in the geographic area within which the affected lands are located, the governor of that State and the BLM multiple use advisory board in that State, the land-use planning officer and land-use planning committees, if any, of the county, in which the affected lands are located, the authorized user or users of the lands or their selected representatives, all petitioner-applicants involved, and any other party the authorized officer determines to have an interest in the proper use of the lands. The authorized officer will hold a public hearing on the proposal if (a) the proposed classification will affect more than 25,000 acres or (b) he determines that sufficient public interest exists to warrant the time and expense of a hearing.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2462.2</SECTNO>
                <SUBJECT>Publication of notice of classification.</SUBJECT>

                <P>After having considered the comments received as the result of publication, the authorized officer may classify the lands any time after the expiration of 60 days following the publication of the proposed classification in the <E T="04">Federal Register</E>. The authorized officer shall publicize the classification in the same manner as the proposed classification was publicized, indicating in the notice the differences, if any, between the proposed classification and the classification.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2462.3</SECTNO>
                <SUBJECT>Administrative review.</SUBJECT>
                <P>For a period of 30 days after publication in the <E T="04">Federal Register</E> of a notice of classification for disposal, the classification shall be subject to the exercise of supervisory authority by the Secretary of the Interior for the purpose of administrative review. If, 30 days from date of publication, the Secretary has neither on his own motion, on motion of any protestant or the State Director exercised supervisory authority for review, the classification shall become the final order of the Secretary. The exercise of supervisory authority by the Secretary shall automatically vacate the classification and reinstate the proposed classification together with its segregative effect. In this event the final departmental decision shall be issued by the Secretary and published in the <E T="04">Federal Register</E>.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2462.4</SECTNO>
                <SUBJECT>Segregative effect of publication.</SUBJECT>
                <P>(a) Publication in the <E T="04">Federal Register</E> of a notice of proposed classification pursuant to § 2462.1 or of a notice of classification pursuant to § 2462.2 will segregate the affected land from all forms of disposal under the public land laws, including the mining laws except the form or forms of disposal for which it is proposed to classify the lands. However, publication will not alter the applicability of the public land laws governing the use of the lands under lease, license, or permit, or governing the disposal of their mineral and vegetative resources, other than under the mining laws.<PRTPAGE P="109"/>
                </P>
                <P>(b) The segregative effect of a proposed classification will terminate in one of the following ways:</P>

                <P>(1) Classification of the lands within 2 years of publication of the notice of proposed classification in the <E T="04">Federal Register</E>;</P>
                <P>(2) Publication in the <E T="04">Federal Register</E> of a notice of termination of the proposed classification;</P>
                <P>(3) An Act of Congress;</P>
                <P>(4) Expiration of a 2-year period from the date of publication of the notice of proposed classification without continuance as prescribed by the Classification and Multiple Use Act of September 19, 1964 (78 Stat. 986, 43 U.S.C. 1411-18), or expiration of an additional period, not exceeding 2 years, if the required notice of proposed continuance is given.</P>
                <P>(c) The segregative effect of a classification for sale or other disposal will terminate in one of the following ways:</P>
                <P>(1) Disposal of the lands;</P>
                <P>(2) Publication in the <E T="04">Federal Register</E> of a notice of termination of the classification;</P>
                <P>(3) An Act of Congress;</P>
                <P>(4) Expiration of 2 years from the date of publication of the proposed classification without disposal of the land and without the notice of proposed continuance as prescribed by the Classification and Multiple Use Act; or</P>
                <P>(5) Expiration of an additional period, not exceeding 2 years, if the required notice of proposed continuance is given.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2470</EAR>
            <HD SOURCE="HED">PART 2470—POSTCLASSIFICATION ACTIONS</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2470—Opening and Allowance</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2470.1</SECTNO>
                <SUBJECT>Opening of lands to disposal.</SUBJECT>
                <SECTNO>2470.2</SECTNO>
                <SUBJECT>Allowance and entry.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <SOURCE>
              <HD SOURCE="HED">Source: </HD>
              <P>35 FR 9565, June 13, 1970, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2470—Opening and Allowance</HD>
              <SECTION>
                <SECTNO>§ 2470.1</SECTNO>
                <SUBJECT>Opening of lands to disposal.</SUBJECT>
                <P>After lands have been classified for disposal, the authorized officer shall, at the appropriate time, open the lands to those forms of disposal consistent with the classification.</P>
                <CITA>[35 FR 9565 June 13, 1970]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2470.2</SECTNO>
                <SUBJECT>Allowance and entry.</SUBJECT>
                <P>(a) After lands are classified pursuant to the regulations of this part, and opened for entry or other disposal, all the laws and regulations governing the particular kind of entry, location, selection, or other disposal must be complied with in order for title to vest or other interests to pass.</P>
                <P>(b) After lands are classified for disposal under the regulations of this subpart, the lands shall be offered for sale or other disposal consistent with the classification. If a petitioner-applicant does not have a preference right under § 2450.8, the lands shall be opened on an equal-opportunity basis.</P>
                <CITA>[35 FR 9565 June 13, 1970]</CITA>
              </SECTION>
              <TEXT>
                <HD SOURCE="HED1">Group 2500—Disposition; Occupancy and Use</HD>
                <NOTE>
                  <HD SOURCE="HED">Note:</HD>
                  <P> The information collection requirements contained in parts 2520, 2530, 2540 and 2560 of Group 2500 have been approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance numbers 1004—0004, 1004—1010, 1004—0011, 1004—0023, 1004—0026, 1004—0028, 1004—0029 and 1004—0069. The information is being collected to permit the authorized officer to determine whether certain petitions or applications for use and occupancy of the public lands should be granted. The information will be used to make that determination. A response is required to obtain a benefit.</P>
                </NOTE>
                
                <CITA>[48 FR 40889, Sept. 12, 1983]</CITA>
              </TEXT>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2520</EAR>
            <HD SOURCE="HED">PART 2520—DESERT-LAND ENTRIES</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2520—Desert-Land Entries: General</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2520.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <SECTNO>2520.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2520.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>2520.0-7</SECTNO>
                <SUBJECT>Cross references.</SUBJECT>
                <SECTNO>2520.0-8</SECTNO>
                <SUBJECT>Land subject to disposition.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2521—Procedures</HD>
                <SECTNO>2521.1</SECTNO>
                <SUBJECT>Who may make desert-land entry.</SUBJECT>
                <SECTNO>2521.2</SECTNO>
                <SUBJECT>Petitions and applications.</SUBJECT>
                <SECTNO>2521.3</SECTNO>
                <SUBJECT>Assignment.</SUBJECT>
                <SECTNO>2521.4</SECTNO>

                <SUBJECT>When lands may be sold, taxed, or mortgaged.<PRTPAGE P="110"/>
                </SUBJECT>
                <SECTNO>2521.5</SECTNO>
                <SUBJECT>Annual proof.</SUBJECT>
                <SECTNO>2521.6</SECTNO>
                <SUBJECT>Final proof.</SUBJECT>
                <SECTNO>2521.7</SECTNO>
                <SUBJECT>Amendments.</SUBJECT>
                <SECTNO>2521.8</SECTNO>
                <SUBJECT>Contests.</SUBJECT>
                <SECTNO>2521.9</SECTNO>
                <SUBJECT>Relinquishments.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2522—Extensions of Time To Make Final Proof</HD>
                <SECTNO>2522.1</SECTNO>
                <SUBJECT>General acts authorizing extensions of time.</SUBJECT>
                <SECTNO>2522.2</SECTNO>
                <SUBJECT>Procedure on applications for extensions of time, where contest is pending.</SUBJECT>
                <SECTNO>2522.3</SECTNO>
                <SUBJECT>Act of March 28, 1908.</SUBJECT>
                <SECTNO>2522.4</SECTNO>
                <SUBJECT>Act of April 30, 1912.</SUBJECT>
                <SECTNO>2522.5</SECTNO>
                <SUBJECT>Act of February 25, 1925.</SUBJECT>
                <SECTNO>2522.6</SECTNO>
                <SUBJECT>Service fees.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2523—Payments</HD>
                <SECTNO>2523.1</SECTNO>
                <SUBJECT>Collection of purchase money and fees; issuance of final certificate.</SUBJECT>
                <SECTNO>2523.2</SECTNO>
                <SUBJECT>Amounts to be paid.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2524—Desert-Land Entries Within a Reclamation Project</HD>
                <SECTNO>2524.1</SECTNO>
                <SUBJECT>Conditions excusing entrymen from compliance with the desert-land laws.</SUBJECT>
                <SECTNO>2524.2</SECTNO>
                <SUBJECT>Annual proof.</SUBJECT>
                <SECTNO>2524.3</SECTNO>
                <SUBJECT>Time extended to make final proof.</SUBJECT>
                <SECTNO>2524.4</SECTNO>
                <SUBJECT>Beginning of period for compliance with the law.</SUBJECT>
                <SECTNO>2524.5</SECTNO>
                <SUBJECT>Assignment of desert-land entries in whole or in part.</SUBJECT>
                <SECTNO>2524.6</SECTNO>
                <SUBJECT>Desert-land entryman may proceed independently of Government irrigation.</SUBJECT>
                <SECTNO>2524.7</SECTNO>
                <SUBJECT>Disposal of lands in excess of 160 acres.</SUBJECT>
                <SECTNO>2524.8</SECTNO>
                <SUBJECT>Cancellation of entries for nonpayment of water-right charges.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2520—Desert-Land Entries: General</HD>
              <AUTH>
                <HD SOURCE="HED">Authority: </HD>
                <P>R.S. 2478; 43 U.S.C. 1201.</P>
              </AUTH>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9581, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2520.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <P>(a) It is the purpose of the statutes governing desert-land entries to encourage and promote the reclamation, by irrigation, of the arid and semiarid public lands of the Western States through individual effort and private capital, it being assumed that settlement and occupation will naturally follow when the lands have thus been rendered more productive and habitable.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2520.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>The Act of March 3, 1877 (19 Stat. 377; 43 U.S.C. 321-323) as amended by the Act of March 3, 1891 (26 Stat. 1096; 43 U.S.C. 231, 323, 325, 327-329), provides for the making of desert-land entries in the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2520.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>(a) As used in the desert-land laws and the regulations of this subpart:</P>
                <P>(1) <E T="03">Reclamation</E> requires conducting water in adequate amounts and quality to the land so as to render it available for distribution when needed for irrigation and cultivation.</P>
                <P>(2) <E T="03">Cultivation</E> requires the operation, practice, or act of tillage or preparation of land for seed, and keeping the ground in a state favorable for the growth of crops.</P>
                <P>(3) <E T="03">Irrigation</E> requires the application of water to land for the purpose of growing crops.</P>
                <P>(4) <E T="03">Crop</E> includes any agricultural product to which the land under consideration is generally adapted and which would return a fair reward for the expense of producing it.</P>
                <P>(5) <E T="03">Water supply</E>, to be adequate, must be sufficient to irrigate successfully and to reclaim all of the irrigable land embraced in an entry.</P>
                <P>(6) <E T="03">Water right</E> means the authority, whether by prior ownership, contract, purchase, or appropriation in accordance with state law, to use water on the land to be irrigated.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2520.0-7</SECTNO>
                <SUBJECT>Cross references.</SUBJECT>
                <P>(a) For assignment of desert-land entries within Government reclamation projects, see § 2524.5(a).</P>
                <P>(b) For provisions under Appeals and Hearings see parts 1840 and 1850 of this chapter.</P>
                <P>(c) For relinquishments, in general, see subpart 1825 of this chapter.</P>
                <P>(d) For residence and cultivation requirements under the homestead laws, see § 2511.4-2(a).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2520.0-8</SECTNO>
                <SUBJECT>Land subject to disposition.</SUBJECT>
                <P>(a) <E T="03">Land that may be entered as desert land.</E> (1) As the desert-land law requires <PRTPAGE P="111"/>the artificial irrigation of any land entered thereunder, lands which are not susceptible of irrigation by practicable means are not deemed subject to entry as desert lands. The question as to whether any particular tract sought to be entered as desert land is in fact irrigable from the source proposed by the applicant will be investigated and determined before the application for entry is allowed. In order to be subject to entry under the desert-land law, public lands must be not only irrigable but also surveyed, unreserved, unappropriated, non-mineral (except lands withdrawn, classified, or valuable for coal, phosphate, nitrate, potash, sodium, sulphur, oil, gas or asphaltic minerals, which may be entered with a reservation of such mineral deposits, as explained in subpart 2093, nontimbered, and such as will not, without artificial irrigation, produce any reasonably remunerative agricultural crop by the usual means or methods of cultivation. In this latter class are those lands which, one year with another for a series of years, will not without irrigation produce paying crops, but on which crops can be successfully grown in alternate years by means of the so-called dry-farming system. (37 L.D. 522 and 42 L.D. 524.)</P>
                <P>(2) Applications to make desert-land entries of lands embraced in applications, permits, or leases under the Act of February 25, 1920 (41 Stat. 437), if in all other respects complete, will be treated in accordance with §§ 2093.0-3 to 2093.0-7. Applications to make desert-land entries of lands within a naval petroleum reserve must be rejected, as no desert-land entry may be allowed for such lands.</P>
                <P>(3) Land that has been effectually reclaimed is not subject to desert land entry.</P>
                <P>(b) <E T="03">Quantity of lands that may be entered.</E> An entry of lands under the Act of March 3, 1877, is limited to 320 acres, subject to the following additional limitations:</P>
                <P>(1) An entry of lands within an irrigation district which the Secretary of the Interior or his delegate has approved under the Act of August 11, 1916 (39 Stat. 506; 43 U.S.C. 621-630), is limited to 160 acres.</P>
                <P>(2) An entryman may have a desert-land entry for such a quantity of land as, taken together with all land acquired and claimed by him under the other agricultural land laws since August 30, 1890, does not exceed 320 acres in the aggregate, or 480 acres if he shall have made an enlarged homestead entry of 320 acres (Acts of August 30, 1890; 26 Stat. 391; 43 U.S.C. 212; and of February 27, 1917; 39 Stat. 946; 43 U.S.C. 330).</P>
                <P>(c) <E T="03">Entries restricted to surveyed lands.</E> Unsurveyed public land withdrawn by Executive Orders 6910 and 6964 of November 26, 1934, and February 5, 1935, respectively, is not subject to appropriation, under the desert-land laws, until such appropriation has been authorized by classification. (See parts 2410, 2420, and 2430.)</P>
                <P>(d) <E T="03">Economic unit requirements, compactness.</E> (1) One or more tracts of public lands may be included in a desert land entry and the tracts so entered need not be contiguous. All the tracts entered, however, shall be sufficiently close to each other to be managed satisfactorily as an economic unit. In addition, the lands in the entry must be in as compact a form as possible taking into consideration the character of available public lands and the effect of allowance of the entry on the remaining public lands in the area.</P>
                <P>(2) In addition to the other requirements of the regulations in this part, applicants for desert land entry must submit with their applications information showing that the tracts applied for are sufficiently close to each other to be managed satisfactorily as an economic unit and that the lands in the application are as compact as possible in the circumstances.</P>
                <P>(3) In determining whether an entry can be allowed in the form sought, the authorized officer of the Bureau of Land Management will take into consideration such factors as the topography of the applied for and adjoining lands, the availability of public lands near the lands sought, the private lands farmed by the applicant, the farming systems and practices common to the locality and the character of the lands sought, and the practicability of farming the lands as an economically feasible operating unit.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <PRTPAGE P="112"/>
              <HD SOURCE="HED">Subpart 2521—Procedures</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9582, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2521.1</SECTNO>
                <SUBJECT>Who may make desert-land entry.</SUBJECT>
                <P>(a) <E T="03">Citizenship.</E> (1) Any citizen of the United States 21 years of age, or any person of that age who has declared his intention of becoming a citizen of the United States, and who can truthfully make the statements specified in §§ 2520.0-8(c) and 2521.2(a) can make a desert-land entry. Thus, a woman, whether married or single, who possesses the necessary qualifications, can make a desert-land entry, and, if married, without taking into consideration any entries her husband may have made.</P>
                <P>(2) At the time of making final proof claimants of alien birth must have been admitted to citizenship, but evidence of naturalization need not be furnished if it has already been filed in connection with the original declaration or with the proof of an assignment of the entry.</P>
                <P>(b) <E T="03">Second and additional entries.</E> A person's right of entry under the desert-land law is exhausted either by filing an allowable application and withdrawing it prior to its allowance or by making an entry or by taking an assignment of an entry, in whole or in part, except under the conditions described in paragraphs (b)(1) and (2) of this section.</P>
                <P>(1) Under the Act of September 5, 1914 (38 Stat. 712; 43 U.S.C. 182), if a person, otherwise duly qualified to make a desert-land entry, has previously filed an allowable application, or made such entry or entries and through no fault of his own has lost, forfeited, or abandoned the same, such person may make another entry. In such case, however, it must be shown that the prior application, entry, or entries were made in good faith, and were lost, forfeited, or abandoned because of matters beyond the applicant's control, and that the applicant has not speculated in his right, nor committed a fraud or attempted fraud in connection with such prior entry or entries. As the assignment of an entry involves no loss, forfeiture, or abandonment thereof, but carries a benefit to the assignor, it is held to exhaust his right of entry under the desert-land law. Hence, no person who has assigned such entry, in whole or in part, will be permitted to make another entry or to take one or any part thereof by assignment except where paragraph (b)(2) of this section applies.</P>
                <P>(2) The Act of June 16, 1955 (69 Stat. 138) authorizes any person who prior to June 16, 1955, made a valid desert-land entry on lands subject to the Acts of June 22, 1910 (36 Stat. 583; 30 U.S.C. 33-85), or of July 17, 1914 (38 Stat. 509; 30 U.S.C. 121-123), if otherwise qualified to enter as a personal privilege not assignable, an additional tract of desert land, providing such additional tract shall not, together with the original entry, exceed 320 acres. Applicants and entrymen under the Act of June 16, 1955, are subject to, and must comply with, all the regulations of this part, including the acreage limitations of § 2520.0-8(b).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2521.2</SECTNO>
                <SUBJECT>Petitions and applications.</SUBJECT>
                <P>(a) <E T="03">Filing and fees.</E> (1) A person who desires to enter public lands under the desert land laws must file an application together with a petition on forms approved by the Director, properly executed. However, if the lands described in the application have been already classified and opened for disposition under the desert land laws, no petition is required. The documents must be filed in the proper office (see § 1821.2-1 of this chapter).</P>
                <P>(2) All applications must be accompanied by an application service fee of $15 which is not returnable, and the payment of 25 cents per acre for the lands therein described as required by law.</P>
                <P>(b) <E T="03">Post-office addresses of applicants and witnesses.</E> Applicants and witnesses must in all cases state their places of actual residence, their business or occupation, and their post-office addresses. It is not sufficient to name only the county or State in which a person lives, but the town or city must be named also; and where the residence is in a city the street and number must be given. It is especially important to claimants that upon changing their <PRTPAGE P="113"/>post-office addresses they promptly notify the authorizing officer of such change, for in case of failure to do so their entries may be canceled upon notice sent to the address of record but not received by them.</P>
                <P>(c) <E T="03">Execution of applications and proofs; time for filing of applications.</E> (1) Applications and proofs, except final proofs required by R.S. 2294 (43 U.S.C. 254), must be signed by the applicants but need not be under oath. Final proofs may be executed before any officer authorized to administer oaths in public land cases, as explained by § 1821.3-2 of this chapter.</P>
                <P>(2) An application to make desert-land entry is not acceptable if dated more than 10 days before its filing at the land office.</P>
                <P>(d) <E T="03">Evidence of water rights required with application.</E> No desert-land application will be allowed unless accompanied by evidence satisfactorily showing either that the intending entryman has already acquired by appropriation, purchase, or contract a right to the permanent use of sufficient water to irrigate and reclaim all of the irrigable portion of the land sought, or that he has initiated and prosecuted, as far as then possible, appropriate steps looking to the acquisition of such a right, or, in States where no permit or right to appropriate water is granted until the land embraced within the application is classified as suitable for desert-land entry or the entry is allowed, a showing that the applicant is otherwise qualified under State law to secure such permit or right. If applicant intends to procure water from an irrigation district, corporation, or association, but is unable to obtain a contract for the water in advance of the allowance of his entry, then he must furnish, in lieu of the contract, some written assurance from the responsible officials of such district, corporation, or association that, if his entry be allowed, applicant will be able to obtain from that source the necessary water. The authorizing officer will examine the evidence submitted in such applications and either reject defective applications or require additional evidence.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2521.3</SECTNO>
                <SUBJECT>Assignment.</SUBJECT>
                <P>(a) <E T="03">Lands which may be assigned.</E> While by the Act of March 3, 1891 (26 Stat. 1096; 43 U.S.C. 329), assignments of desert-land entries were recognized, the Department of the Interior, largely for administrative reasons, held that a desert-land entry might be assigned as a whole or in its entirety, but refused to recognize the assignment of only a portion of an entry. The Act of March 28, 1908, however, provides for an assignment of such entries, in whole or in part, but this does not mean that less than a legal subdivision may be assigned. Therefore no assignment, otherwise than by legal subdivisions, will be recognized. The legal subdivisions assigned must be contiguous.</P>
                <P>(b) <E T="03">Qualifications of assignees.</E> (1) The Act of March 28, 1908, also provides that no person may take a desert-land entry by assignment unless he is qualified to enter the tract so assigned to him. Therefore, if a person is not at least 21 years of age and, excepting Nevada, a resident citizen of the State wherein the land involved is located; or if he is not a ciitzen of the United States, or a person who has declared his intention to become a citizen thereof; or, if he has made a desert-land entry in his own right and is not entitled under § 2521.1 to make a second or an additional entry, he cannot take such an entry by assignment. The language of the act indicates that the taking of an entry by assignment is equivalent to the making of an entry, and this being so, no person is allowed to take more than one entry by assignment, unless it be done as the exercise of a right of second or additional entry.</P>
                <P>(2) A person who has the right to make a second or additional desert-land entry may exercise that right by taking an assignment of a desert-land entry, or part of such entry, if he is otherwise qualified to make a desert-land entry for the particular tract assigned.</P>
                <P>(3) The Act of March 28, 1908, also provides that no assignment to or for the benefit of any corporation shall be authorized or recognized.</P>
                <P>(c) <E T="03">Showing required of assignees; recognition of assignments.</E> (1) As evidence of the assignment there should be transmitted to the authorizing officer <PRTPAGE P="114"/>the original deed of assignment or a certified copy thereof. Where the deed of assignment is recorded a certified copy may be made by the officer who has custody of the record. Where the original deed is presented to an officer qualified to take proof in desert-land cases, a copy certified by such officer will be accepted.</P>
                <P>(2) An assignee must file with his deed of assignment, a statement on a form approved by the Director, showing his qualifications to take the entry assigned to him. He must show what applications or entries, if any, have been made by him or what entries assigned to him under the agricultural public land laws, and he must also show his qualifications as a citizen of the United States; that he is 21 years of age or over; and also that he is a resident citizen of the State in which the land assigned to him is situated, except in the State of Nevada, where citizenship of the United States only is required. If the assignee is not a native-born citizen of the United States, he should also furnish a statement as to his citizenship status in accordance with subpart 1811 of this chapter. If the assignee is a woman, she should in all cases state whether she is married, and if so, she must make the showing required by subpart 1811 of this chapter. Desert-land entries are initiated by the payment of 25 cents per acre, and no assignable right is acquired by the application prior to such payment. (6 L.D. 541, 33 L.D. 152.) An assignment made on the day of such payment, or soon thereafter, is treated as suggesting fraud, and such cases will be carefully scrutinized. The provisions of law authorizing the assignment of desert entries, in whole or in part, furnish no authority to a claimant under said law to make an executory contract to convey the land after the issuance of patent and thereafter to proceed with the submission of final proof in furtherance of such contract. (34 L.D. 383.) The sale of land embraced in an entry at any time before final payment is made must be regarded as an assignment of the entry, and in such cases the person buying the land must show that he possesses all the qualifications required of an assignee. (29 L.D. 453.) The assignor of a desert-land entry may execute the assignment before any officer authorized to take acknowledgements of deeds. The assignee must furnish a statement on a form approved by the Director as to his qualifications.</P>
                <P>(3) No assignments of desert-land entries or parts of entries are conclusive until examined in the proper office and found satisfactory and the assignment recognized. When recognized, however, the assignee takes the place of the assignor as effectively as though he had made the entry, and is subject to any requirement that may be made relative thereto. The assignment of a desert-land entry to one disqualified to acquire title under the desert-land law, and to whom, therefore, recognition of the assignment is refused by the authorizing officer, does not of itself render the entry fraudulent, but leaves the right thereto in the assignor. In such connection, however, see 42 L.D. 90 and 48 L.D. 519.</P>
                <P>(4) All applications for recognition of assignment of desert-land entries must be accompanied by an application service fee of $10 which will not be returnable.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2521.4</SECTNO>
                <SUBJECT>When lands may be sold, taxed, or mortgaged.</SUBJECT>
                <P>(a) After final proof and payment have been made the land may be sold and conveyed to another person without the approval of the Bureau of Land Management, but all such conveyances are nevertheless subject to the superior rights of the United States, and the title so contained would fall if it should be finally determined that the entry was illegal or that the entryman had failed to comply with the law.</P>
                <P>(b) Lands embraced in unperfected desert-land entries are not subject to taxation by the State authorities, nor to levy and sale under execution to satisfy judgments against the entrymen, except as hereinafter set forth in this section.</P>

                <P>(c) Lands embraced in desert-land entries within an irrigation district which the Secretary of the Interior has approved under the Act of August 11, 1916 (39 Stat. 506; 43 U.S.C. 621-630), may be taxed and otherwise dealt with as provided by said act, and lands in desert-land entries within irrigation <PRTPAGE P="115"/>projects constructed under the Reclamation Act may be taxed as provided for by the Act of June 13, 1930 (46 Stat. 581; 43 U.S.C. 455, 455a-455c).</P>
                <P>(d) A desert-land entryman may, however, mortgage his interest in the entered land if, by the laws of the State in which the land is situated, a mortgage of land is regarded as merely creating a lien thereon and not as a conveyance thereof. The purchaser at a sale had for the foreclosure of such mortgage may be recognized as assignee upon furnishing proof of his qualifications to take a desert-land entry by assignment. Transferees, after final proof, mortgagees, or other encumbrancers may file in the proper office written notice stating the nature of their claims, and they will there upon become entitled to receive notice of any action taken by the Bureau of Land Management with reference to the entry.</P>
                <P>(e) The filing of all notices of recordation of claim by transferees, mortgagees or other encumbrancer under this section must be accompanied by a service charge of $10 which will not be returnable.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2521.5</SECTNO>
                <SUBJECT>Annual proof.</SUBJECT>
                <P>(a) <E T="03">Showing required.</E> (1) In order to test the sincerity and good faith of claimants under the desert-land laws and to prevent the segregation for a number of years of public lands in the interest of persons who have no intention to reclaim them, Congress, in the Act of March 3, 1891 (26 Stat. 1096; 43 U.S.C. 327, 328) made the requirement that a map be filed at the initiation of the entry showing the mode of contemplated irrigation and the proposed source of water supply, and that there be expended yearly for 3 years from the date of the entry not less than $1 for each acre of the tract entered, making a total of not less than $3 per acre, in the necessary irrigation, reclamation, and cultivation of the land, in permanent improvements thereon, and in the purchase of water rights for the irrigation thereof, and that at the expiration of the third year a map or plan be filed showing the character and extent of the improvements placed on the claim. Said act, however, authorizes the submission of final proof at an earlier date than 4 years from the time the entry is made in cases wherein reclamation has been effected and expenditures of not less than $3 per acre have been made.</P>

                <P>(2) Yearly or annual proof of expenditures must consist of the statements of <E T="03">two or more credible witnesses,</E> each of whom must have general knowledge that the expenditures were made for the purpose stated in the proof. Annual proofs must contain itemized statements showing the manner in which expenditures were made.</P>
                <P>(b) <E T="03">Acceptable expenditures.</E> (1) Expenditures for the construction and maintenance of storage reservoirs, dams, canals, ditches, and laterals to be used by claimant for irrigating his land; for roads where they are necessary; for erecting stables, corrals, etc.; for digging wells, where the water therefrom is to be used for irrigating the land; for stock or interest in an approved irrigation company, or for taxes paid to an approved irrigation district through which water is to be secured to irrigate the land; and for leveling and bordering land proposed to be irrigated, will be accepted. Expenditures for fencing all or a portion of the claim, for surveying for the purpose of ascertaining the levels for canals, ditches, etc., and for the first breaking or clearing of the soil are also acceptable.</P>
                <P>(2) The value to be attached to, and the credit to be given for, an expenditure for works or improvements is the reasonable value of the work done or improvement placed upon the land, according to the market price therefor, or for similar work or improvements prevailing in the vicinity, and not the amount alleged by a claimant to have been expended nor the mere proof of expenditures, as exhibited by checks or other vouchers. (Bradley v. Vasold, 36 L.D. 106.)</P>
                <P>(c) <E T="03">Expenditures not acceptable.</E> (1) Expenditures for cultivation after the soil has been first prepared may not be accepted, because the claimant is supposed to be compensated for such work by the crops to be reaped as a result of cultivation. Expenditures for surveying the claim in order to locate the corners of same may not be accepted. The cost of tools, implements, wagons, and repairs to same, used in construction <PRTPAGE P="116"/>work, may not be computed in cost of construction. Expenditures for material of any kind will not be allowed unless such material has actually been installed or employed in and for the purpose for which it was purchased. For instances, if credit is asked for posts and wire for fences or for pump or other well machinery, it must be shown that the fence has been actually constructed or the well machinery actually put in place. No expenditures can be credited on annual proofs upon a desert-land entry unless made on account of that particular entry, and expenditures once credited can not be again applied. This rule applies to second entries as well as to original entries, and a claimant who relinquishes his entry and makes second entry of the same land under the Act of September 5, 1914, cannot receive credit on annual proofs upon the second entry for expenditures made on account of the former entry. (41 L.D. 601 and 42 L.D. 523.)</P>
                <P>(2) Expenditures for the clearing of the land will not receive credit in cases where the vegetation or brush claimed to have been cleared away has not been actually removed by the roots. Therefore, expenditures for clearing, where as a matter of fact there has been only crushing, or rolling, or what is known in some localities as railing the land will not be accepted.</P>
                <P>(3) No expenditures for stock or interest in an irrigation company, through which water is to be secured for irrigating the land, will be accepted as satisfactory annual expenditure until a field examiner, or other authorized officer, has submitted a report as to the resources and reliability of the company, including its actual water right, and such report has been favorably acted upon by the Bureau of Land Management. The stock purchased must carry the right to water, and it must be shown that payment in cash has been made at least to the extent of the amount claimed as expenditure for the purchase of such stock in connection with the annual proof submitted, and such stock must be actually owned by the claimants at the time of the submission of final proof.</P>
                <P>(d) <E T="03">Procedure where proof is not made when due.</E> Authorizing officers will examine their records frequently for the purpose of ascertaining whether all annual proofs due on pending desert-land entries have been made, and in every case where the claimant is in default in that respect they will send him notice and allow him 60 days in which to submit such proof. If the proof is not furnished as required the entry will be canceled. During the pendency of a Government proceeding initiated by such notice the entry will be protected against a private contest charging failure to make the required expenditures, and such contest will neither defeat the claimant's right to equitably perfect the entry as to the matter of expenditures during the 60 days allowed in the notice nor secure to the contestant a preference right in event the entry be canceled for default under said notice.</P>
                <P>(e) <E T="03">Desert land entry in more than one district.</E> When a desert-land entry embraces land in more than one district, the required annual proofs may be filed in either district, provided proper reference is made to the portion of the entry in the adjoining district, and the entryman must notify the authorized officer of the adjoining district by letter of the date when the annual proof is filed.</P>
                <P>(f) <E T="03">Extensions of time.</E> (1) The law makes no provision for extensions of time in which to file annual proof becoming due subsequent to December 31, 1936, on desert-land entries not embraced within the exterior boundaries of any withdrawal or irrigation project under the Reclamation Act of June 17, 1902 (32 Stat. 388), and extensions for said purpose cannot therefore be granted. However, where a township is suspended from entry for the purpose of resurvey thereof the time between the date of suspension and the filing in the local office of the new plat of survey will be excluded from the period accorded by law for the reclamation of land under a desert entry within such township and the statutory life of the entry extended accordingly (40 L.D. 223). During the continuance of the extension the claimant may, at his option, defer the making of annual expenditures and proof thereof.</P>

                <P>(2) Extensions of time for making desert-land proofs were authorized by <PRTPAGE P="117"/>the Acts of June 16, 1933 (48 Stat. 274; 43 U.S.C. 256a), July 26, 1935 (49 Stat. 504; 43 U.S.C. 256a), and June 16, 1937 (50 Stat. 303; 43 U.S.C. 256a). Such acts affect only proofs becoming due on or before December 31, 1936. For that reason, the regulations which were issued thereunder have not been included in this chapter.</P>
                <P>(g) <E T="03">Submission of proof before due date.</E> Nothing in the statutes or regulations should be construed to mean that the entryman must wait until the end of the year to submit his annual proof because the proof may be properly submitted as soon as the expenditures have been made. Proof sufficient for the 3 years may be offered whenever the amount of $3 an acre has been expended in reclaiming and improving the land, and thereafter annual proof will not be required.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2521.6</SECTNO>
                <SUBJECT>Final proof.</SUBJECT>
                <P>(a) <E T="03">General requirements.</E> The entryman, his assigns, or, in case of death, his heirs or devisees, are allowed 4 years from date of the entry within which to comply with the requirements of the law as to reclamation and cultivation of the land and to submit final proof, but final proof may be made and patent thereon issued as soon as there has been expended the sum of $3 per acre in improving, reclaiming, and irrigating the land, and one-eighth of the entire area entered has been properly cultivated and irrigated, and when the requirements of the desert-land laws as to water rights and the construction of the necessary reservoirs, ditches, dams, etc., have been fully complied with.</P>
                <P>(1) Where the proof establishes that the entryman cannot effect timely compliance with the law, the entry must be canceled unless statutory authority permits the granting of an extension of time or other relief.</P>
                <P>(b) <E T="03">Notice of intention to make final proof.</E> When an entryman has reclaimed the land and is ready to make final proof, he should apply to the authorizing officer for a notice of intention to make such proof. This notice must contain a complete description of the land, give the number of the entry and name of the claimant, and must bear an endorsement specifically indicating the source of his water supply. If the proof is made by an assignee, his name, as well as that of the original entryman, should be stated. It must also show when, where and before whom the proof is to be made. Four witnesses may be named in this notice, two of whom must be used in making proof. Care should be exercised to select as witnesses persons who are familiar, from personal observation, with the land in question, and with what has been done by the claimant toward reclaiming and improving it. Care should also be taken to ascertain definitely the names and addresses of the proposed witnesses, so that they may correctly appear in the notice.</P>
                <P>(c) <E T="03">Publication of final-proof notice.</E> The authorizing officer will issue the usual notice for publication. This notice must be published once a week for five successive weeks in a newspaper of established character and general circulation published nearest the lands (see 38 L.D. 131; 43 L.D. 216). The claimant must pay the cost of the publication but it is the duty of authorizing officers to procure the publication of proper final-proof notices. The date fixed for the taking of the proof must be at least 30 days after the date of first publication. Proof of publication must be made by the statement of the publisher of the newspaper or by someone authorized to act for him.</P>
                <P>(d) <E T="03">Submission of final proof.</E> On the day set in the notice (or, in the case of accident or unavoidable delay, within 10 days thereafter), and at the place and before the officer designated, the claimant will appear with two of the witnesses named in the notice and make proof of the reclamation, cultivation, and improvement of the land. The testimony of each claimant should be taken separately and apart from and not within the hearing of either of his witnesses, and the testimony of each witness should be taken separately and apart from and not within the hearing of either the applicant or of any other witness, and both the applicant and each of the witnesses should be required to state, in and as a part of the final-proof testimony given by them, that they have given such testimony without any actual knowledge of any statement made in the testimony of either of the others. In every instance <PRTPAGE P="118"/>where, for any reason whatever, final proof is not submitted within the 4 years prescribed by law, or within the period of an extension granted for submitting such proof, a statement should be filed by claimant, with the proof, explaining the cause of delay.</P>
                <FP>The final proof may be made before any officer authorized to administer oaths in public land cases, as explained in § 1821.3-2 of this chapter.</FP>
                <P>(e) <E T="03">Showing as to irrigation system.</E> The final proof must show specifically the source and volume of the water supply and how it was acquired and how it is maintained. The number, length, and carrying capacity of all ditches, canals, conduits, and other means to conduct water to and on each of the legal subdivisions must also be shown. The claimant and the witnesses must each state in full all that has been done in the matter of reclamation and improvements of the land, and must answer fully, of their own personal knowledge, all of the questions contained in the final-proof blanks. They must state plainly whether at any time they saw the land effectually irrigated, and the different dates on which they saw it irrigated should be specifically stated.</P>
                <P>(f) <E T="03">Showing as to lands irrigated and reclaimed.</E> While it is not required that all of the land shall have been actually irrigated at the time final proof is made, it is necessary that the one-eighth portion which is required to be cultivated shall also have been irrigated in a manner calculated to produce profitable results, considering the character of the land, the climate, and the kind of crops being grown. (Alonzo B. Cole, 38 L.D. 420.) The cultivation and irrigation of the one-eighth portion of the entire area entered may be had in a body on one legal subdivision or may be distributed over several subdivisions. The final proof must clearly show that all of the permanent main and lateral ditches, canals, conduits, and other means to conduct water necessary for the irrigation of all the irrigable land in the entry have been constructed so that water can be actually applied to the land as soon as it is ready for cultivation. If pumping be relied upon as the means of irrigation, the plant installed for that purpose must be of sufficient capacity to render available enough water for all the irrigable land. If there are any high points or any portions of the land which for any reason it is not practicable to irrigate, the nature, extent, and situation of such areas in each legal subdivision must be fully stated. If less than one-eighth of a smallest legal subdivision is practically susceptible of irrigation from claimant's source of water supply and no portion thereof is used as a necessary part of his irrigation scheme, such subdivision must be relinquished. (43 L.D. 269.)</P>
                <P>(g) <E T="03">Showing as to tillage of land.</E> As a rule, actual tillage of one-eighth of the land must be shown. It is not sufficient to show only that there has been a marked increase in the growth of grass or that grass sufficient to support stock has been produced on the land as a result of irrigation. If, however, on account of some peculiar climatic or soil conditions, no crops except grass can be successfully produced, or if actual tillage will destroy or injure the productive quality of the soil, the actual production of a crop of hay of merchantable value will be accepted as sufficient compliance with the requirements as to cultivation. (32 L.D. 456.) In such cases, however, the facts must be stated and the extent and value of the crop of hay must be shown, and, as before stated, that same was produced as a result of actual irrigation.</P>
                <P>(h) <E T="03">Showing as to water right.</E> (1) In every case where the claimant's water right is founded upon contract or purchase the final proof must embrace evidence which clearly establishes the fact and legal sufficiency of that right. If claimant's ownership of such right has already been evidenced in connection with the original entry or some later proceeding, then the final proof must show his continued possession thereof. If the water right relied on is obtained under claimant's appropriation, the final proof, considered together with any evidence previously submitted in the matter, must show that the claimant has made such preliminary filings as are required by the laws of the State in which the land is located, and that he has also taken all other steps necessary under said laws to secure and perfect the claimed water <PRTPAGE P="119"/>right. In all cases the water right, however it be acquired, must entitle the claimant to the use of a sufficient supply of water to irrigate successfully all the irrigable land embraced in his entry, notwithstanding that the final proof need only show the actual irrigation of one-eighth of that area.</P>
                <P>(2) In those States where entrymen have made applications for water rights and have been granted permits but where no final adjudication of the water right can be secured from the State authorities owing to delay in the adjudication of the watercourses or other delay for which the entrymen are in no way responsible, proof that the entrymen have done all that is required of them by the laws of the State, together with proof of actual irrigation of one-eighth of the land embraced in their entries, may be accepted. This modification of the rule that the claimant must furnish evidence of an absolute water right will apply only in those States where under the local laws it is impossible for the entryman to secure final evidence of title to his water right within the time allowed him to submit final proof on his entry, and in such cases the best evidence obtainable must be furnished. (35 L.D. 305.)</P>
                <P>(3) It is a well-settled principle of law in all of the States in which the desert land acts are operative that actual application to a beneficial use of water appropriated from public streams measures the extent of the right to the water, and that failure to proceed with reasonable diligence to make such application to beneficial use within a reasonable time constitutes an abandonment of the right. (Wiel's Water Rights in the Western States, sec. 172.) The final proof, therefore, must show that the claimant has exercised such diligence as will, if continued, under the operation of this rule result in his definitely securing a perfect right to the use of sufficient water for the permanent irrigation and reclamation of all of the irrigable land in his entry. To this end the proof must at least show that water which is being diverted from its natural course and claimed for the specific purpose of irrigating the lands embraced in claimant's entry, under a legal right acquired by virtue of his own or his grantor's compliance with the requirements of the State laws governing the appropriation of public waters, has actually been conducted through claimant's main ditches to and upon the land; that one-eighth of the land embraced in the entry has been actually irrigated and cultivated; that water has been brought to such a point on the land as to readily demonstrate that the entire irrigable area may be irrigated from the system; and that claimant is prepared to distribute the water so claimed over all of the irrigable land in each smallest legal subdivision in quantity sufficient for practical irrigation as soon as the land shall have been cleared or otherwise prepared for cultivation. The nature of the work necessary to be performed in and for the preparation for cultivation of such part of the land as has not been irrigated should be carefully indicated, and it should be shown that the said work of preparation is being prosecuted with such diligence as will permit of beneficial application of appropriated water within a reasonable time.</P>

                <P>(4) Desert-land claimants should bear in mind that a water right and a water supply are not the same thing and that the two are not always or necessarily found together. Strictly speaking, a perfect and complete water right for irrigation purposes is confined to and limited by the area of land that has been irrigated with the water provided thereunder. Under the various State laws, however, an inchoate or incomplete right may be obtained which is capable of ripening into a perfect right if the water is applied to beneficial use with reasonable diligence. A person may have an apparent right of this kind for land which he has not irrigated, and which, moreover, he never can irrigate because of the lack of available water to satisfy his apparent right. Such an imperfect right, of course, cannot be viewed as meeting the requirements of the desert-land law which contemplates the eventual reclamation of all the irrigable land in the entry. Therefore, and with special reference to that portion of the irrigable land of an entry not required to be irrigated and cultivated before final proof, an incomplete (though real) water <PRTPAGE P="120"/>right will not be acceptable if its completion appears to be impossible because there is no actual supply of water available under the appropriation in question.</P>
                <P>(i) <E T="03">Showing where water supply is derived from irrigation project.</E> (1) Where the water right claimed in any final proof is derived from an irrigation project it must be shown that the entryman owns such an interest therein as entitles him to receive from the irrigation works of the project a supply of water sufficient for the proper irrigation of the land embraced in his entry. Investigations by field examiners as to the resources and reliability, including particularly the source and volume of the water supply, of all irrigation companies associations, and districts through which desert-land entrymen seek to acquire water rights for the reclamation of their lands are made, and it is the purpose of the Bureau of Land Management to accept no annual or final proofs based upon such a water right until an investigation of the company in question has been made and report thereon approved. The information so acquired will be regarded as determining, at least tentatively, the amount of stock or interest which is necessary to give the entryman a right to a sufficient supply of water; but the entryman will be permitted to challenge the correctness of the report as to the facts alleged and the validity of its conclusions and to offer either with his final proof or subsequently such evidence as he can tending to support his contentions.</P>
                <P>(2) Entrymen applying to make final proof are required to state the source of their water supply, and if water is to be obtained from the works of an irrigation company, association, or district the authorizing officer will endorse the name and address of the project upon the copy of the notice to be forwarded to the State Director. If the report on the company has been acted upon by the Bureau of Land Management and the proof submitted by claimant does not show that he owns the amount of stock or interest in the company found necessary for the area of land to be reclaimed, the authorizing officer will suspend the proof, advise the claimant of the requirements made by the Bureau of Land Management in connection with the report, and allow him 30 days within which to comply therewith or to make an affirmative showing in duplicate and apply for a hearing. In default of any action by him within the specified time the authorizing officer will reject the proof, subject to the usual right of appeal.</P>
                <P>(j) <E T="03">Final-proof expiration notice.</E> (1) Where final proof is not made within the period of 4 years, or within the period for which an extension of time has been granted, the claimant will be allowed 90 days in which to submit final proof. (44 L.D. 364.)</P>
                <P>(2) Should no action be taken within the time allowed, the entry will be canceled. The 90 days provided for in this section must not be construed as an extension of time or as relieving the claimant from the necessity of explaining why the proof was not made within the statutory period or within such extensions of that period as have been specifically granted.</P>
                <P>(k) <E T="03">Requirements where township is suspended for resurvey.</E> No claimant will be required to submit final proof while the township embracing his entry is under suspension for the purpose of resurvey. (40 L.D. 223.) This also applies to annual proof. In computing the time when final proof on an entry so affected will become due the period between the date of suspension and the filing in the local office of the new plat of survey will be excluded. However, if the claimant so elects, he may submit final proof on such entry notwithstanding the suspension of the township.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2521.7</SECTNO>
                <SUBJECT>Amendments.</SUBJECT>
                <P>(a) <E T="03">To enlarge area of desert-land entry.</E> Amendment for the purpose of enlarging the area of a desert-land entry will be granted under and in the conditions and circumstances now to be stated.</P>

                <P>(1) In any case where it is satisfactorily disclosed that entry was not made to embrace the full area which might lawfully have been included therein because of existing appropriations of all contiguous lands then appearing to be susceptible of irrigation through and by means of entryman's water supply, or of all such lands which <PRTPAGE P="121"/>seemed to be worthy of the expenditure requisite for that purpose, said lands having since been released from such appropriations.</P>
                <P>(2) Where contiguous tracts have been omitted from entry because of entryman's belief, after a reasonably careful investigation, that they could not be reclaimed by means of the water supply available for use in that behalf, it having been subsequently discovered that reclamation thereof can be effectively accomplished by means of a changed plan or method of conserving or distributing such water supply.</P>
                <P>(3) Where, at the time of entry, the entryman announced, in his declaration, his purpose to procure the cancellation, through contest or relinquishment, of an entry embracing lands contiguous to those entered by him, and thereafter to seek amendment of his entry in such manner as to embrace all or some portion of the lands so discharged from entry.</P>
                <P>(b) <E T="03">Conditions governing amendments in exercise of equitable powers; amendments involving homestead and desert-land entries of adjoining lands.</E> Applications for amendment presented pursuant to § 1821.6-5(a) of this chapter will not be granted, except where at least one legal subdivision of the lands originally entered is retained in the amended entry, and any such application must be submitted within 1 year next after discovery by the entryman of the existence of the conditions relied upon as entitling him to the relief he seeks, or within 1 year succeeding the date on which, by the exercise of reasonable diligence, the existence of such conditions might have been discovered: <E T="03">Provided, nevertheless,</E> That where an applicant for amendment has made both homestead and desert land entries for contiguous lands, amendment may be granted whereby to transfer the desert-land entry, in its entirety, to the land covered by the homestead entry, and the homestead entry, in its entirety, to the land covered by the desert-land entry, or whereby to enlarge the desert-land entry in such manner as that it will include the whole or some portion of the lands embraced in the homestead entry, sufficient equitable reason for such enlargement being exhibited, and the area of the enlarged entry in no case exceeding 320 acres. Applications for such amendments may be made under §§ 1821.6-1 to 1821.6-5 of this chapter and on the prescribed form, in so far as the same are applicable. A supplemental statement should also be furnished, if necessary, to show the facts.</P>
                <P>(c) <E T="03">Evidence of water-right to accompany application to amend desert-land entry.</E> Application to amend desert-land entries by the addition of a new and enlarged area or by transferring the entry to lands not originally selected for entry must be accompanied by evidence of applicant's right to the use of water sufficient for the adequate irrigation of said enlarged area or of the lands to which entry is to be transferred. Such evidence must be in the form prescribed by § 2521.2.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2521.8</SECTNO>
                <SUBJECT>Contests.</SUBJECT>
                <P>(a) Contests may be initiated by any person seeking to acquire title to or claiming an interest in the land involved against a party to any desert-land entry because of priority of claim or for any sufficient cause affecting the legality or validity of the claim not shown by the records of the Bureau of Land Management.</P>
                <P>(b) Successful contestants will be allowed a preference right of entry for 30 days after notice of the cancellation of the contested entry, in the same manner as in homestead cases, and the authorizing officer will give the same notice and is entitled to the same fee for notice as in other cases.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2521.9</SECTNO>
                <SUBJECT>Relinquishments.</SUBJECT>
                <P>A desert-land entry may be relinquished at any time by the party owning the same. Conditional relinquishments will not be accepted.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2522—Extensions of Time To Make Final Proof</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9587, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2522.1</SECTNO>
                <SUBJECT>General acts authorizing extensions of time.</SUBJECT>

                <P>(a) There are five general Acts of Congress which authorize the allowance, under certain conditions, of an extension of time for the submission of <PRTPAGE P="122"/>final proof by a desert-land claimant. Said Acts are the following: June 27, 1906 (Sec. 5, 34 Stat. 520; 43 U.S.C. 448); March 28, 1908 (Sec. 3, 35 Stat. 52; 43 U.S.C. 333); April 30, 1912 (37 Stat. 106; 43 U.S.C. 334); March 4, 1915 (Sec. 5, 38 Stat. 1161; 43 U.S.C. 335); and February 25, 1925 (43 Stat. 982; 43 U.S.C. 336). The Act of June 27, 1906, is applicable only to entries embraced within the exterior limits of some withdrawal or irrigation project under the Reclamation Act of June 17, 1902 (32 Stat. 388).</P>
                <P>(b) In addition to the Acts cited in this section, extensions of time for making desert-land proofs were authorized by the Acts of June 16, 1933 (48 Stat. 274; 43 U.S.C. 256a), July 26, 1935 (49 Stat. 504; 43 U.S.C. 256a), and June 16, 1937 (50 Stat. 303; 43 U.S.C. 256a). Such Acts affect only proofs becoming due on or before December 31, 1936. For that reason, the regulations which were issued thereunder have not been included in this chapter.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2522.2</SECTNO>
                <SUBJECT>Procedure on applications for extensions of time, where contest is pending.</SUBJECT>
                <P>(a) A pending contest against a desert-land entry will not prevent the allowance of an application for extension of time, where the contest affidavit does not charge facts tending to overcome the prima facie showing of right to such extension (41 L.D. 603).</P>
                <P>(b) Consideration of an application for extension of time will not be deferred because of the pendency of a contest against the entry in question unless the contest charges be sufficient, if proven, to negative the right of the entryman to an extension of time for making final proof. If the contest charges be insufficient, the application for extension, where regular in all respects, will be allowed and the contest dismissed subject to the right of appeal, but without prejudice to the contestant's right to amend his charges.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2522.3</SECTNO>
                <SUBJECT>Act of March 28, 1908.</SUBJECT>
                <P>Under the provisions of the Act of March 28, 1908 (35 Stat. 52; 43 U.S.C. 333), the period of 4 years may be extended, in the discretion of the authorized officer, for an additional period not exceeding 3 years, if, by reason of some unavoidable delay in the construction of the irrigating works intended to convey water to the land, the entryman is unable to make proof of reclamation and cultivation required within the 4 years. This does not mean that the period within which proof may be made will be extended as a matter of course for 3 years. Applications for extension under said act will not be granted unless it be clearly shown that the failure to reclaim and cultivate the land within the regular period of 4 years was due to no fault on the part of the entryman but to some unavoidable delay in the construction of the irrigation works for which he was not responsible and could not have readily foreseen (37 L.D. 332). It must also appear that he has complied with the law as to annual expenditures and proof thereof.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2522.4</SECTNO>
                <SUBJECT>Act of April 30, 1912.</SUBJECT>
                <P>(a) Under the provisions of the Act of April 30, 1912 (37 Stat. 106; 43 U.S.C. 334), a further extension of time may be granted for submitting final proof, not exceeding 3 years, where it is shown that, because of some unavoidable delay in the construction of irrigation works intended to convey water to the land embraced in his entry, the claimant is, without fault on his part, unable to make proof of the reclamation and cultivation of said lands within the time limited therefor, but such further extension cannot be granted for a period of more than 3 years nor affect contests initiated for a valid existing reason.</P>
                <P>(b) An entryman who has complied with the law as to annual expenditures and proof thereof and who desires to make application for extension of time under the provisions of the Act of March 28, 1908, should file with the authorizing officer a statement setting forth fully the facts, showing how and why he has been prevented from making final proof of reclamation and cultivation within the regular period. This statement must be corroborated by two witnesses who have personal knowledge of the facts.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2522.5</SECTNO>
                <SUBJECT>Act of February 25, 1925.</SUBJECT>

                <P>Applications for further extension of time under the Act of April 30, 1912, <PRTPAGE P="123"/>and February 25, 1925 (43 Stat. 982; 43 U.S.C. 336), may be made in the same manner, and the same procedure will be followed with respect to such applications as under the Act of March 28, 1908, and the Act of March 4, 1915 (38 Stat. 1161; 43 U.S.C. 335), as amended.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2522.6</SECTNO>
                <SUBJECT>Service fees.</SUBJECT>
                <P>All applications for extension of time made under the Acts of March 28, 1908, April 30, 1912, or February 25, 1925, must be accompanied by an application service fee of $10 which will not be returnable.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2523—Payments</HD>
              <SECTION>
                <SECTNO>§ 2523.1</SECTNO>
                <SUBJECT>Collection of purchase money and fees; issuance of final certificate.</SUBJECT>
                <P>(a) At the time of making final proof the claimant must pay to the authorizing officer the sum of $1 per acre for each acre of land upon which proof is made. This, together with the 25 cents per acre paid at the time of making the original entry, will amount to $1.25 per acre, which is the price to be paid for all lands entered under the desert land law.</P>
                <P>(b) If the entryman is dead and proof is made by anyone for the heirs, no will being suggested in the record, the final certificate should issue to the heirs generally, without naming them; if by anyone for the heirs or devisees, final certificate should issue in like manner to the heirs or devisees.</P>
                <P>(c) When final proof is made on an entry made prior to the Act of March 28, 1908 (35 Stat. 52; 43 U.S.C. 324, 326, 333), for unsurveyed land, if the land is still unsurveyed and such proof is satisfactory, the authorizing officer will approve same without collecting the final payment of $1 an acre and without issuing final certificate. Fees for reducing the final-proof testimony to writing should be collected and receipt issued therefor if the proof is taken before the authorizing officer. As soon as the plat or plats of any township or townships previously unsurveyed are filed in the proper office the authorizing office will examine his records for the purpose of determining, if possible, whether or not, prior to the passage of the Act of March 28, 1908, any desert-land entry of unsurveyed land was allowed in the locality covered by the said plats; and if any such entries are found intact, he will call upon the claimants thereof to file a statement of adjustment, corroborated by two witnesses, giving the correct description, in accordance with the survey of the lands embraced in their respective entries.</P>
                <P>(d) If the final proof has been made upon any desert-land entry so adjusted and the records show that such proof has been found satisfactory and no conflicts or other objections are apparent, the manager will allow claimant 60 days within which to make final payment for the land.</P>
                <CITA>[35 FR 9588, June 13, 1970]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2523.2</SECTNO>
                <SUBJECT>Amounts to be paid.</SUBJECT>
                <P>No fees or commissions are required of persons making entry under the desert land laws except such fees as are paid to the officers for taking the affidavits and proofs. Unless the entry be perfected under the Act of February 14, 1934 (48 Stat. 349; 43 U.S.C. 339), the only payments made to the Government are the original payment of 25 cents an acre at the time of making the application and the final payment of $1 an acre, to be paid at the time of making the final proof. On all final proofs made before the authorizing officer, the claimant must pay to the authorizing officer the costs of reducing the testimony to writing, as determined by the authorizing officer. No proof shall be accepted or approved until all charges have been paid.</P>
                <CITA>[35 FR 9588, June 13, 1970]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2524—Desert-Land Entries Within a Reclamation Project</HD>
              <AUTH>
                <HD SOURCE="HED">Authority: </HD>
                <P>Sec. 10, 32 Stat. 390; as amended; 43 U.S.C. 373.</P>
              </AUTH>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9588, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2524.1</SECTNO>
                <SUBJECT>Conditions excusing entrymen from compliance with the desert-land laws.</SUBJECT>

                <P>(a) By section 5 of the Act of June 27, 1906 (34 Stat. 520, 43 U.S.C. 448), it is provided that any desert-land <PRTPAGE P="124"/>entryman who has been or may be directly or indirectly hindered or prevented from making improvements on or from reclaiming the lands embraced in his entry, by reason of the fact that such lands have been embraced within the exterior limits of any withdrawal under the Reclamation Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. 372 <E T="03">et seq.</E>) will be excused during the continuance of such hindrance from complying with the provisions of the desert-land laws.</P>
                <P>(b) <E T="03">Persons excused from compliance with the desert-land laws.</E> Section 5 of the Act of June 27, 1906, applies only to persons who have been, directly or indirectly, delayed or prevented, by the creation of any reclamation project, or by any withdrawal of public lands under the reclamation law, from improving or reclaiming the lands covered by their entries.</P>
                <P>(c) <E T="03">Statement required to warrant excuse.</E> No entryman will be excused under this act from a compliance with all of the requirements of the desert-land law until he has filed in the proper office for the district in which his lands are situated a statement showing in detail all of the facts upon which he claims the right to be excused. This statement must show when the hindrance began, the nature, character, and extent of the same, and it must be corroborated by two disinterested persons, who can testify from their own personal knowledge.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2524.2</SECTNO>
                <SUBJECT>Annual proof.</SUBJECT>
                <P>(a) <E T="03">Extension of time.</E> Inasmuch as entrymen are allowed 1 year after entry in which to submit the first annual proof of expenditures for the purpose of improving and reclaiming the land entered by them, the privileges of the Act of June 27, 1906, are not necessary in connection with annual proofs until the expiration of the years in which such proofs are due. Therefore, if at the time that annual proof is due it can not be made, on account of hindrance or delay occasioned by a withdrawal of the land for the purpose indicated in the act, the applicant will file his statement explaining the delay. As a rule, however, annual proofs may be made, notwithstanding the withdrawal of the land, because expenditures for various kinds of improvements are allowed as satisfactory annual proofs. Therefore an extension of time for making annual proof will not be granted unless it is made clearly to appear that the entryman has been delayed or prevented by the withdrawal from making the required improvements; and, unless he has been so hindered or prevented from making the required improvements, no application for extension of time for making final proof will be granted until after all the yearly proofs have been made.</P>
                <P>(b) <E T="03">When application for extension of time should be filed.</E> An entryman will not need to invoke the privileges of the Act of June 27, 1906, in connection with final proof until such final proof is due, and if at that time he is unable to make the final proof of reclamation and cultivation, as required by law, and such inability is due, directly or indirectly, to the withdrawal of the land on account of a reclamation project, the statement explaining the hindrance and delay should be filed in order that the entryman may be excused for such failure.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2524.3</SECTNO>
                <SUBJECT>Time extended to make final proof.</SUBJECT>
                <P>When the time for submitting final proof has arrived and the entryman is unable, by reason of the withdrawal of the land, to make such proof, upon proper showing, he will be excused and the time during which it is shown that he has been hindered or delayed on account of the withdrawal of the land will not be computed in determining the time within which final proof must be made.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2524.4</SECTNO>
                <SUBJECT>Beginning of period for compliance with the law.</SUBJECT>

                <P>If, after investigation the irrigation project has been or may be abandoned by the Government, the time for compliance with the law by the entryman shall begin to run from the date of notice of such abandonment of the project and of the restoration to the public domain of the lands which had been withdrawn in connection with the project. If, however, the reclamation project is carried to completion by the Government and a water supply has been made available for the land embraced in such desert-land entry, the <PRTPAGE P="125"/>entryman must, if he depends on the Government's project for his water supply, comply with all provisions of the reclamation law, and must under the Act of June 6, 1930 (46 Stat. 502; 43 U.S.C. 448), relinquish or assign in not less than 2 years after notice all the land embraced in his entry in excess of one farm unit, and upon making final proof and complying with the regulations of the Department applicable to the remainder of the irrigable land of the project and with the terms of payment prescribed in the reclamation law, he shall be entitled to patent as to such retained farm unit, and final water-right certificate containing lien as provided for by the Act of August 9, 1912 (37 Stat. 265; 43 U.S.C. 541-546), Act of August 26, 1912 (37 Stat. 610; 43 U.S.C. 547), and the Act of February 15, 1917 (39 Stat. 920; 43 U.S.C. 541), or to patent without a lien if provision therefor shall have been made as provided for by the Act of May 15, 1922 (42 Stat. 541; 43 U.S.C. 511-513).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2524.5</SECTNO>
                <SUBJECT>Assignment of desert-land entries in whole or in part.</SUBJECT>
                <P>(a) <E T="03">Act of July 24, 1912.</E> Under the Act of July 24, 1912 (37 Stat. 200; 43 U.S.C. 449), desert-land entries covering lands within the exterior limits of a Government reclamation project may be assigned in whole or in part, even though water-right application has been filed for the land in connection with the Government reclamation project, or application for an extension of time in which to submit proof on the entry has been submitted, under the Act of June 27, 1906 (34 Stat. 520; 43 U.S.C. 448), as amended by the Act of June 6, 1930 (46 Stat. 502; 43 U.S.C. 448), requiring reduction of the area of the entry to one farm unit.</P>
                <P>(b) <E T="03">Amendment of farm-unit plat after partial assignment.</E> Where it is desired to assign part of a desert-land entry which has been designated as a farm unit, application for the amendment of the farm-unit plat should be filed with the official in charge of the project, as in the case of assignments of homestead entries. (See § 2515.5 (a)(3) to (5).) The same disposition of amendatory diagrams will be made and the same procedure followed as provided for assignments of homestead entries.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2524.6</SECTNO>
                <SUBJECT>Desert-land entryman may proceed independently of Government irrigation.</SUBJECT>
                <P>Special attention is called to the fact that nothing contained in the Act of June 27, 1906 (34 Stat. 520; 43 U.S.C. 448), shall be construed to mean that a desert-land entryman who owns a water right and reclaims the land embraced in his entry must accept the conditions of the reclamation law, but he may proceed independently of the Government's plan of irrigation and acquire title to the land embraced in his desert-land entry by means of his own system of irrigation.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2524.7</SECTNO>
                <SUBJECT>Disposal of lands in excess of 160 acres.</SUBJECT>
                <P>Desert-land entrymen within exterior boundaries of a reclamation project who expect to secure water from the Government must relinquish or assign all of the lands embraced in their entries in excess of one farm unit in not less than 2 years after notice through the land office, must reclaim one-half of the irrigable area covered by their water right in the same manner as private owners of land irrigated under a reclamation project, and also comply with the regulations of the Department applicable to the remainder of the irrigable land of the project.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2524.8</SECTNO>
                <SUBJECT>Cancellation of entries for nonpayment of water-right charges.</SUBJECT>
                <P>All homestead and desert-land entrymen holding land under the reclamation law must, in addition to paying the water-right charges, reclaim the land as required by the reclamation law. Homestead entrymen must reside upon, cultivate, and improve the lands embraced in their entries for not less than the period required by the homestead laws. Desert-land entrymen must comply with the provisions of the desert-land laws as amended by the reclamation law. Failure to make payment of any water-right charges due for more than 1 year, will render the entry subject to cancellation and the money paid subject to forfeiture, whether water-tight application has been made or not.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <PRTPAGE P="126"/>
            <EAR>Pt. 2530</EAR>
            <HD SOURCE="HED">PART 2530—INDIAN ALLOTMENTS</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2530—Indian Allotments: General</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2530.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2530.0-7</SECTNO>
                <SUBJECT>Cross reference.</SUBJECT>
                <SECTNO>2530.0-8</SECTNO>
                <SUBJECT>Land subject to allotment.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2531—Applications, Generally</HD>
                <SECTNO>2531.1</SECTNO>
                <SUBJECT>Qualifications of applicants.</SUBJECT>
                <SECTNO>2531.2</SECTNO>
                <SUBJECT>Petition and applications.</SUBJECT>
                <SECTNO>2531.3</SECTNO>
                <SUBJECT>Effect of application.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2532—Allotments</HD>
                <SECTNO>2532.1</SECTNO>
                <SUBJECT>Certificate of allotment.</SUBJECT>
                <SECTNO>2532.2</SECTNO>
                <SUBJECT>Trust patent.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2533—Allotments Within National Forests</HD>
                <SECTNO>2533.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2533.0-8</SECTNO>
                <SUBJECT>Land subject to allotment.</SUBJECT>
                <SECTNO>2533.1</SECTNO>
                <SUBJECT>Application.</SUBJECT>
                <SECTNO>2533.2</SECTNO>
                <SUBJECT>Approval.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2530—Indian Allotments: General</HD>
              <AUTH>
                <HD SOURCE="HED">Authority: </HD>
                <P>R.S. 2478, 34 Stat. 197; 43 U.S.C. 1201, 48 U.S.C. 357.</P>
              </AUTH>
              <SECTION>
                <SECTNO>§ 2530.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>(a) <E T="03">General Allotment Act of February 8, 1887.</E> Section 4 of the General Allotment Act of February 8, 1887 (24 Stat. 389; 25 U.S.C. 334), as amended by the Act of February 28, 1891 (26 Stat. 794), and section 17 of the Act of June 25, 1910 (36 Stat. 859; 25 U.S.C. 336), provides that where any Indian entitled to allotment under existing laws shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the proper office for the district in which the lands are located, to have the same allotted to him or her and to his or her children in manner as provided by law for allotments to Indians residing upon reservations, and that such allotments to Indians on the public domain shall not exceed 40 acres of irrigable land, or 80 acres of nonirrigable agricultural land or 160 acres of nonirrigable grazing land to any one Indian.</P>
                <P>(b) <E T="03">Act of March 1, 1933.</E> The Act of March 1, 1933 (47 Stat. 1418; 43 U.S.C. 190a) provides that no further allotments of lands to Indians on the public domain shall be made in San Juan County, Utah.</P>
                <P>(c) <E T="03">Executive Orders 6910 and 6964, Taylor Grazing Act of June 28, 1934.</E> Public land withdrawn by Executive Orders 6910 and 6964 of November 26, 1934, and February 5, 1935, respectively, and land within grazing districts established under section 1 of the Taylor Grazing Act of June 28, 1934 (43 U.S.C. 315), is not subject to settlement under section 4 of the General Allotment Act of February 8, 1887, as amended, until such settlement has been authorized by classification. See parts 2410, 2420, and 2430 of this chapter.</P>
                <CITA>[35 FR 9589, June 13, 1970, as amended at 37 FR 23184, Oct. 31, 1972]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2530.0-7</SECTNO>
                <SUBJECT>Cross reference.</SUBJECT>
                <P>For native allotments in Alaska see subpart 2561 of this chapter.</P>
                <CITA>[35 FR 9589, June 13, 1970]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2530.0-8</SECTNO>
                <SUBJECT>Land subject to allotment.</SUBJECT>
                <P>(a) <E T="03">General.</E> (1) The law provides that allotments may include not to exceed 40 acres of irrigable land, 80 acres of nonirrigable agricultural land, or 160 acres of nonirrigable grazing land.</P>
                <P>(2) Irrigable lands are those susceptible of successful irrigation at a reasonable cost from any known source of water supply; nonirrigable agricultural lands are those upon which agricultural crops can be profitably raised without irrigation; grazing lands are those which can not be profitably devoted to any agricultural use other than grazing.</P>
                <P>(3) An allotment may be allowed for coal and oil and gas lands, with reservation of the mineral contents to the United States.</P>
                <CITA>[35 FR 9589, June 13, 1970]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2531—Applications, Generally</HD>
              <SECTION>
                <SECTNO>§ 2531.1</SECTNO>
                <SUBJECT>Qualifications of applicants.</SUBJECT>
                <P>(a) <E T="03">General.</E> An applicant for allotment under the fourth section of the Act of February 8, 1887, as amended, is required to show that he is a recognized member of an Indian tribe or is <PRTPAGE P="127"/>entitled to be so recognized. Such qualifications may be shown by the laws and usages of the tribe. The mere fact, however, that an Indian is a descendant of one whose name was at one time borne upon the rolls and who was recognized as a member of the tribe does not of itself make such Indian a member of the tribe. The possession of Indian blood, not accompanied by tribal affiliation or relationship, does not entitle a person to an allotment on the public domain. Tribal membership, even though once existing and recognized, may be abandoned in respect to the benefits of the fourth section.</P>
                <P>(b) <E T="03">Certificate that applicant is Indian and eligible for allotment.</E> Any person desiring to file application for an allotment of land on the public domain under this act must first obtain from the Commissioner of Indian Affairs a certificate showing that he or she is an Indian and eligible for such allotment, which certificate must be attached to the allotment application. Application for the certificate must be made on the proper form, and must contain information as to the applicant's identity, such as thumb print, age, sex, height, approximate weight, married or single, name of the Indian tribe in which membership is claimed, etc., sufficient to establish his or her identity with that of the applicant for allotment. Each certificate must bear a serial number, record thereof to be kept in the Indian Office. The required forms may be obtained as stated in § 2531.2(b).</P>
                <P>(c) <E T="03">Heirs of Indian settlers and applicants.</E> (1) Allotments are allowable only to living persons or those in being at the date of application. Where an Indian dies after settlement and filing of application, but prior to approval, the allotment will upon final approval be confirmed to the heirs of the deceased allottee.</P>
                <P>(2) In disposing of pending applications in which the death of the applicant has been reported, the heirs of an applicant who was otherwise qualified at the date of application should be notified that they will be allowed 90 days from receipt of notice within which to submit proof that the applicant personally settled on the land applied for during his or her lifetime, and while the land was open to settlement, and upon failure to submit such proof within the time allowed the application will be finally rejected.</P>
                <P>(3) When it is sufficiently shown that an applicant was at the time of death occupying in good faith the land settled on, patent will be issued to his or her heirs without further use or occupancy on the part of such heirs being shown.</P>
                <P>(d) <E T="03">Minor children.</E> An Indian settler on public lands under the fourth section of the Act of February 8, 1887, as amended, is also eligible upon application for allotments made thereunder to his minor children, stepchildren, or other children to whom he stands in loco parentis, provided the natural children are in being at the date of the parent's application, or the other relationship referred to exist at such date. The law only permits one eligible himself under the fourth section to take allotments thereunder on behalf of his minor children or of those to whom he stands in loco parentis. Orphan children (those who have lost both parents) are not eligible for allotments on the public domain unless they come within the last-mentioned class. No actual settlement is required in case of allotments to minor children under the fourth section, but the actual settlement of the parent or of a person standing in loco parentis on his own public-land allotment will be regarded as the settlement of the minor children.</P>
                <P>(e) <E T="03">Indian wives.</E> (1) Where an Indian woman is married to non-Indian not eligible for an allotment under the fourth section of the Act of February 8, 1887, as amended, and not a settler or entryman under the general homestead law, her right, and that of the minor children born of such marriage, to allotments on the public domain will be determined without reference to the quantum of Indian blood possessed by such women and her children but solely with reference as to whether they are recognized members of an Indian tribe or are entitled to such membership.</P>

                <P>(2) An Indian woman married to an Indian man who has himself received an allotment on the public domain or is entitled to one, or has earned the equitable right to patent on any form of homestead or small holding claim, is <PRTPAGE P="128"/>not thereby deprived of the right to file an application for herself, provided she is otherwise eligible, and also for her minor children where her husband is for any reason disqualified.</P>
                <P>(3) An Indian woman who is separated from her husband who has not received an allotment under the fourth section will be regarded as the head of a family and may file applications for herself and for the minor children under her care.</P>
                <P>(4) In every case where an Indian woman files applications for her minor children it must appear that she has not only applied for herself under the fourth section but has used the land in her own application in some beneficial manner.</P>
                <P>(f) <E T="03">Citizenship.</E> (1) Under section 6 of the Act of February 8, 1887 (24 Stat. 390; 25 U.S.C. 349), every Indian born within the territorial limits of the United States, to whom allotments were made under that Act, and every Indian who voluntarily takes up his residence separate and apart from any tribe of Indians and adopts the habits of civilized life is declared to be a citizen of the United States.</P>
                <P>(2) The Act of May 8, 1906 (34 Stat. 182; 8 U.S.C. 3), changed the time when an Indian became a citizen by virtue of the allotment made to him to the time when patent in fee should be issued on such an allotment.</P>
                <P>(3) The Act of June 2, 1924 (43 Stat. 253, 8 U.S.C. 3), conferred citizenship on all noncitizen Indians born within the Territorial limits of the United States, but expressly reserved to them all rights to tribal or other property. These rights include that of allotment on the public land, if qualified.</P>
                <CITA>[35 FR 9589, June 13, 1970, as amended at 37 FR 23185, Oct. 31, 1972]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2531.2</SECTNO>
                <SUBJECT>Petition and applications.</SUBJECT>
                <P>(a) Any person desiring to receive an Indian allotment (other than those seeking allotments in national forests, for which see subpart 2533 of this part) must file with the authorized officer, an application, together with a petition on forms approved by the Director, properly executed, together with a certificate from the authorized officer of the Bureau of Indian Affairs that the person is Indian and eligible for allotment, as specified in § 2531.1(b). However, if the lands described in the application have been already classified and opened for disposition under the provisions of this part, no petition is required. The documents must be filed in accordance with the provisions of § 1821.2 of this chapter.</P>
                <FP>The petition and the statement attached to the application for certificate must be signed by the applicant.</FP>
                <P>(b) Blank forms for petitions and applications may be had from any office of the Bureau of Indian Affairs, or from land offices of the Bureau of Land Management.</P>
                <CITA>[35 FR 9590, June 13, 1970]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2531.3</SECTNO>
                <SUBJECT>Effect of application.</SUBJECT>
                <P>(a) Where an allotment application under the fourth section of the Act of February 8, 1887, as amended, 25 U.S.C. 334 (is not accompanied by the requisite certificate from the Bureau of Indian Affairs showing the applicant to be eligible for an allotment, and the applicant is given time to furnish such certificate, the application does not segregate the land, and other applications therefor may be received and held to await final action on the allotment application.</P>
                <P>(b) Where an allotment application is approved by the authorized officer, it operates as a segregation of the land, and subsequent application for the same land will be rejected.</P>
                <CITA>[37 FR 23185, Oct. 31, 1972]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2532—Allotments</HD>
              <SECTION>
                <SECTNO>§ 2532.1</SECTNO>
                <SUBJECT>Certificate of allotment.</SUBJECT>

                <P>(a) When the authorizing officer approves an application for allotment, he will issue to the applicant a <E T="03">certificate of allotment</E>, on a prescribed form, showing the name in full of the applicant, post office address, name of the tribe in which membership is claimed, serial number of the certificate issued by the Commissioner of Indian Affairs, and a description of the land allotted.</P>

                <P>(b) Where the application under investigation is that of a single person over 21 years of age, or of the head of a family, report will also be made as to <PRTPAGE P="129"/>the character of the applicant's settlement and improvements. A similar report will be made on applications filed in behalf of minor children as to the character of the settlement and improvements made by the parent, or the person standing in loco parentis, on his or her own allotment under the fourth section.</P>
                <CITA>[35 FR 9591, June 13, 1970]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2532.2</SECTNO>
                <SUBJECT>Trust patent.</SUBJECT>
                <P>(a) To enable an Indian allottee to demonstrate his good faith and intention, the issuance of trust patent will be suspended for a period of 2 years from date of settlement; but in those cases where that period has already elapsed at the time of adjudicating the allotment application, and when the evidence either by the record or upon further investigation in the field, shows the allottee's good faith and intention in the matter of his settlement, trust patents will issue in regular course. Trust patents in the suspended class, when issued will run from the date of suspension.</P>
                <P>(b) In the matter of fourth-section applications filed prior to the regulations in this part, where, by the record or upon further investigation in the field, it appears that such settlement has not been made as is contemplated by the regulations, such applications will not be immediately rejected, but the applicant will be informed that 2 years will be allowed within which to perfect his settlement and to furnish proof thereof, whereupon his application will be adjudicated as in other cases.</P>
                <CITA>[35 FR 9591, June 13, 1970]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2533—Allotments Within National Forests</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9591, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2533.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>By the terms of section 31 of the Act of June 25, 1910 (36 Stat. 863; 25 U.S.C. 337), allotments under the fourth section of the Act of February 8, 1887, as amended, may be made within national forests.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2533.0-8</SECTNO>
                <SUBJECT>Land subject to allotment.</SUBJECT>
                <P>An allotment under this section may be made for lands containing coal and oil and gas with reservation of the mineral contents to the United States, but not for lands valuable for metalliferous minerals. The rules governing the conduct of fourth-section applications under the Act of February 8, 1887 as amended, apply equally to applications under said section 31.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2533.1</SECTNO>
                <SUBJECT>Application.</SUBJECT>
                <P>An Indian who desires to apply for an allotment within a national forest under this act must submit the application to the supervisor of the particular forest affected, by whom it will be forwarded with appropriate report, through the district forester and Chief, Forest Service, to the Secretary of Agriculture, in order that he may determine whether the land applied for is more valuable for agriculture or grazing than for the timber found thereon.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2533.2</SECTNO>
                <SUBJECT>Approval.</SUBJECT>
                <P>(a) Should the Secretary of Agriculture decide that the land applied for, or any part of it, is chiefly valuable for the timber found thereon, he will transmit the application to the Secretary of the Interior and inform him of his decision in the matter. The Secretary of the Interior will cause the applicant to be informed of the action of the Secretary of Agriculture.</P>
                <P>(b) In case the land is found to be chiefly valuable for agriculture or grazing, the Secretary of Agriculture will note that fact on the application and forward it to the Commissioner of Indian Affairs.</P>
                <P>(c) If the Commissioner of Indian Affairs approves the application, he will transmit it to the Bureau of Land Management for issuance of a trust patent.</P>
                <CITA>[35 FR 9591, June 13, 1970, as amended at 41 FR 29122, July 15, 1976]</CITA>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2540</EAR>
            <HD SOURCE="HED">PART 2540—COLOR-OF-TITLE AND OMITTED LANDS</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2540—Color-of-Title: Authority and Definitions</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2540.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2540.0-5</SECTNO>
                <SUBJECT>Definition.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <PRTPAGE P="130"/>
                <HD SOURCE="HED">Subpart 2541—Color-of-Title Act</HD>
                <SECTNO>2541.1</SECTNO>
                <SUBJECT>Who may apply.</SUBJECT>
                <SECTNO>2541.2</SECTNO>
                <SUBJECT>Procedures.</SUBJECT>
                <SECTNO>2541.3</SECTNO>
                <SUBJECT>Patents.</SUBJECT>
                <SECTNO>2541.4</SECTNO>
                <SUBJECT>Price of land; payment.</SUBJECT>
                <SECTNO>2541.5</SECTNO>
                <SUBJECT>Publication; protests.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2542—Color-of-Title Claims: New Mexico, Contiguous to Spanish or Mexican Grants</HD>
                <SECTNO>2542.1</SECTNO>
                <SUBJECT>Application.</SUBJECT>
                <SECTNO>2542.2</SECTNO>
                <SUBJECT>Evidence required.</SUBJECT>
                <SECTNO>2542.3</SECTNO>
                <SUBJECT>Publication and posting of notice.</SUBJECT>
                <SECTNO>2542.4</SECTNO>
                <SUBJECT>Patent.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2543—Erroneously Meandered Lands: Arkansas</HD>
                <SECTNO>2543.1</SECTNO>
                <SUBJECT>Applications.</SUBJECT>
                <SECTNO>2543.2</SECTNO>
                <SUBJECT>Appraisal of land.</SUBJECT>
                <SECTNO>2543.3</SECTNO>
                <SUBJECT>Purchase price required.</SUBJECT>
                <SECTNO>2543.4</SECTNO>
                <SUBJECT>Publication and posting.</SUBJECT>
                <SECTNO>2543.5</SECTNO>
                <SUBJECT>Patent.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2544—Erroneously Meandered Lands: Louisiana</HD>
                <SECTNO>2544.1</SECTNO>
                <SUBJECT>Applications.</SUBJECT>
                <SECTNO>2544.2</SECTNO>
                <SUBJECT>Appraisal of land.</SUBJECT>
                <SECTNO>2544.3</SECTNO>
                <SUBJECT>Notice to deposit purchase price.</SUBJECT>
                <SECTNO>2544.4</SECTNO>
                <SUBJECT>Publication and posting.</SUBJECT>
                <SECTNO>2544.5</SECTNO>
                <SUBJECT>Patent.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2545—Erroneously Meandered Lands: Wisconsin</HD>
                <SECTNO>2545.1</SECTNO>
                <SUBJECT>Qualifications of applicants.</SUBJECT>
                <SECTNO>2545.2</SECTNO>
                <SUBJECT>Applications.</SUBJECT>
                <SECTNO>2545.3</SECTNO>
                <SUBJECT>Publication and protests.</SUBJECT>
                <SECTNO>2545.4</SECTNO>
                <SUBJECT>Price of land; other conditions.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2546—Snake River, Idaho: Omitted Lands</HD>
                <SECTNO>2546.1</SECTNO>
                <SUBJECT>Offers of lands for sale.</SUBJECT>
                <SECTNO>2546.2</SECTNO>
                <SUBJECT>Applications for purchase.</SUBJECT>
                <SECTNO>2546.3</SECTNO>
                <SUBJECT>Payment and publication.</SUBJECT>
                <SECTNO>2546.4</SECTNO>
                <SUBJECT>Public auctions.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2547—Omitted Lands: General</HD>
                <SECTNO>2547.1</SECTNO>
                <SUBJECT>Qualifications of applicants.</SUBJECT>
                <SECTNO>2547.2</SECTNO>
                <SUBJECT>Procedures; applications.</SUBJECT>
                <SECTNO>2547.3</SECTNO>
                <SUBJECT>Price of land; payment.</SUBJECT>
                <SECTNO>2547.4</SECTNO>
                <SUBJECT>Publication and protests.</SUBJECT>
                <SECTNO>2547.5</SECTNO>
                <SUBJECT>Disposal considerations.</SUBJECT>
                <SECTNO>2547.6</SECTNO>
                <SUBJECT>Lands not subject to disposal under this subpart.</SUBJECT>
                <SECTNO>2547.7</SECTNO>
                <SUBJECT>Coordination with State and local governments.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2540—Color-of-Title: Authority and Definitions</HD>
              <SECTION>
                <SECTNO>§ 2540.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>(a) <E T="03">Act of December 22, 1928.</E> The Act of December 22, 1928 (45 Stat. 1069), as amended by the Act of July 28, 1953 (67 Stat. 227; 43 U.S.C. 1068, 1068a), authorizes the issuance of patent for not to exceed 160 acres of public lands held under claim or color of title of either of the two classes described in § 2540.0-5(b) upon payment of the sale price of the land.</P>
                <P>(b) <E T="03">Act of February 23, 1932.</E> The Act of February 23, 1932 (47 Stat. 53; 43 U.S.C. 178), authorizes the Secretary of the Interior in his discretion to issue patents, upon the payment of $1.25 per acre, for not more than 160 acres of public land, where such land is contiguous to a Spanish or Mexican land grant, and where such land has been held in good faith and in peaceful, adverse possession by a citizen of the United States, his ancestors or grantors, for more than 20 years under claim or color of title and where valuable improvements have been placed on such land, or some part thereof has been reduced to cultivation. The act further provides that where the land is in excess of 160 acres, the Secretary may determine the 160 acres to be patented under the Act. Under the said act the coal and all other minerals in the land are reserved to the United States and shall be subject to sale or disposal under applicable leasing and mineral land laws of the United States.</P>
                <P>(c) <E T="03">Act of September 21, 1922.</E> The Act of September 21, 1922 (42 Stat. 992; 43 U.S.C. 992), authorizes the Secretary of the Interior in his judgment and discretion to sell at an appraised price, any of those public lands situated in Arkansas, which were originally erroneously meandered and shown upon the official plats as water-covered areas, and which are not lawfully appropriated by a qualified settler or entryman claiming under the public land laws, to any citizen who in good faith under color of title or claiming as a riparian owner, has prior to September 21, 1922, placed valuable improvements on such land or reduced some part thereof to cultivation.<PRTPAGE P="131"/>
                </P>
                <P>(d) <E T="03">Act of February 19, 1925.</E> The Act of February 19, 1925 (43 Stat. 951; 43 U.S.C. 993), authorizes the Secretary of the Interior in his judgment and discretion to sell at an appraised price, any of those public lands situated in Louisiana, which were originally erroneously meandered and shown upon the official plats as water-covered areas and which are not lawfully appropriated by a qualified settler or entryman claiming under the public land laws, to any citizen who or whose ancestors in title in good faith under color of title or claiming as a riparian owner, has prior to February 19, 1925, placed valuable improvements upon or reduced to cultivation any of such lands. The coal, oil, gas, and other minerals in such lands are reserved to the United States.</P>
                <P>(e) <E T="03">Act of August 24, 1954.</E> The Act of August 24, 1954 (68 Stat. 789), directs the Secretary of the Interior to issue patents for public lands which lie between the meander line of an inland lake or river in Wisconsin as originally surveyed and the meander line of that lake or river as subsequently resurveyed, under certain terms and conditions. The Act of February 27, 1925 (43 Stat. 1013 43 U.S.C. 994), authorized the Secretary of the Interior to sell such public lands under certain other terms and conditions. These Acts are cited as <E T="03">the Act of 1954</E> and <E T="03">the Act of 1925,</E> respectively, in §§ 2545.1 to 2545.4.</P>
                <P>(f) <E T="03">Act of May 31, 1962.</E> (1) The Act of May 31, 1962 (76 Stat. 89), hereafter referred to as <E T="03">the Act</E>, authorizes the Secretary of the Interior, in his discretion, to sell at not less than their fair market value any of those lands in the State of Idaho, in the vicinity of the Snake River or any of its tributaries, which have been, or may be, found upon survey to be omitted public lands of the United States, and which are not within the boundaries of a national forest or other Federal reservation and are not lawfully appropriated by a qualified settler or entryman claiming under the public land laws, or are not used and occupied by Indians claiming by reason of aboriginal rights or are not used and occupied by Indians who are eligible for an allotment under the laws pertaining to allotments on the public domain.</P>
                <P>(2) The Act provides that in all patents issued under the Act, The Secretary of the Interior (i) shall include a reservation to the United States of all the coal, oil, gas, oil shale, phosphate, potash, sodium, native asphalt, solid and semisolid bitumen, and bitumen rock (including oil-impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried), together with the right to prospect for, mine, and remove the same; and (ii) may reserve the right of access to the public through the lands and such other reservations as he may deem appropriate and consonant with the public interest in preserving public recreational values in the lands.</P>
                <P>(3) The Act further provides that the Secretary of the Interior shall determine the fair market value of the lands by appraisal, taking into consideration any reservations specified pursuant to paragraph (f)(2) of this section and excluding, when sales are made to preference-right claimants under section 2 of the Act, any increased values resulting from the development or improvement thereof for agricultural or other purposes by the claimant or his predecessors in interest.</P>
                <P>(4) The Act grants a preference right to purchase lands which are offered by the Secretary of the Interior for sale under the Act to any citizen of the United States (which term includes corporations, partnerships, firms, and other legal entities having authority to hold title to lands in the State of Idaho) who, in good faith under color of title or claiming as a riparian owner has, prior to March 30, 1961, placed valuable improvements upon, reduced to cultivation or occupied any of the lands so offered for sale, or whose ancestors or predecessors in title have taken such action.</P>
                <P>(g) The Federal Land Policy and Management Act of 1976.</P>

                <P>(1) Section 211 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1721), authorizes the Secretary of the Interior in his discretion to sell at not less than fair market value to the occupant thereof any omitted lands which, after survey, are found to have been occupied and developed for a 5-year period prior to January 1, 1975.<PRTPAGE P="132"/>
                </P>
                <P>(2) The Act provides that all such conveyances under the Act must be in the public interest and will serve objectives which outweigh all public objectives and values served by retaining such lands in Federal ownership.</P>
                <P>(3) Section 208 of the Act (43 U.S.C. 1718) further provides that the Secretary of the Interior shall issue patents subject to such terms, convenants, conditions, and reservations as deemed necessary to insure proper land use and protection of the public interest.</P>
                <P>(4) Section 209 of the Act (43 U.S.C. 1719) provides that all patents issued under the Act shall reserve to the United States all minerals in the lands, together with the right to prospect for, mine, and remove the minerals under applicable law and such regulations as the Secretary may prescribe, except as provided by section 209(b) of the Act.</P>
                <CITA>[35 FR 9591, June 13, 1970, as amended at 44 FR 41793, July 18, 1979]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2540.0-5</SECTNO>
                <SUBJECT>Definition.</SUBJECT>
                <P>(a) <E T="03">The act</E>, when used in this section means the Act of December 22, 1928 (45 Stat. 1069; 43 U.S.C. 1068, 1068a), as amended by the Act of July 28, 1953 (67 Stat. 227, 43 U.S.C. 1068a).</P>
                <P>(b) The claims recognized by the Act will be referred to in this part as claims of class 1, and claim of class 2. A claim of class 1 is one which has been held in good faith and in peaceful adverse possession by a claimant, his ancestors or grantors, under claim or color of title for more than 20 years, on which valuable improvements have been placed, or on which some part of the land has been reduced to cultivation. A claim of class 2 is one which has been held in good faith and in peaceful, adverse possession by a claimant, his ancestors or grantors, under claim or color of title for the period commencing not later than January 1, 1901, to the date of application, during which time they have paid taxes levied on the land by State and local governmental units. A claim is not held in good faith where held with knowledge that the land is owned by the United States. A claim is not held in peaceful, adverse possession where it was initiated while the land was withdrawn or reserved for Federal purposes.</P>
                <CITA>[35 FR 9592, June 13, 1970]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2541—Color-of-Title Act</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9592, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2541.1</SECTNO>
                <SUBJECT>Who may apply.</SUBJECT>
                <P>Any individual, group, or corporation authorized to hold title to land in the State and who believes he has a valid claim under color of title may make application.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2541.2</SECTNO>
                <SUBJECT>Procedures.</SUBJECT>
                <P>(a) <E T="03">Application.</E> (1) An application for a claim of class 1 or of class 2 must be filed in duplicate on a form approved by the Director. It must be filed in accordance with the provisions of § 1821.2 of this chapter.</P>
                <P>(2) Every application must be accompanied by a filing fee of $10, which will be nonreturnable.</P>
                <P>(3) The application must be in typewritten form, or in legible handwriting, and it must be completely executed and signed by the applicant.</P>
                <P>(4) Every applicant must furnish information required in the application form concerning improvements, cultivation, conveyances of title, taxes, and related matters.</P>
                <P>(b) <E T="03">Description of lands applied for.</E> Application under the act may be made for surveyed or unsurveyed lands. If unsurveyed, the description must be sufficiently complete to identify the location, boundary, and area of the land and, if possible, the approximate description or location of the land by section, township, and range. If unsurveyed land is claimed, final action will be suspended until the plat of survey has been officially filed.</P>
                <P>(c) <E T="03">Presentation and verification of factual statements.</E> (1) Information relating to all record and nonrecord conveyances, or to nonrecord claims of title, affecting the land shall be itemized on a form approved by the Director. The statements of record conveyances must be certified by the proper county official or by an abstractor. The applicant may be called upon to submit documentary or other evidence relating to <PRTPAGE P="133"/>conveyances or claims. Abstracts of title or other documents which are so requested will be returned to the applicant.</P>
                <P>(2) Applicants for claims of class 2 must itemize all information relating to tax levies and payments on the land on a form approved by the Director which must be certified by the proper county official or by an abstractor.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2541.3</SECTNO>
                <SUBJECT>Patents.</SUBJECT>
                <P>(a) Any applicant who satisfied all requirements for a claim of class 1 or class 2 commencing not later than January 1, 1901, to the date of application and who so requests in the application will receive a patent conveying title to all other minerals except:</P>
                <P>(1) Any minerals which, at the time of approval of the application, are embraced by an outstanding mineral lease or</P>
                <P>(2) Any minerals for which the lands have been placed in a mineral withdrawal.</P>
                <FP>All other patents will reserve all minerals to the United States.</FP>
                <P>(b) All mineral reservations will include the right to prospect for, mine, and remove the same in accordance with applicable law.</P>
                <P>(c) The maximum area for which patent may be issued for any claim under the act is 160 acres. Where an area held under a claim or color of title is in excess of 160 acres, the Secretary has authority under the act to determine what particular subdivisions not exceeding 160 acres, may be patented.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2541.4</SECTNO>
                <SUBJECT>Price of land; payment.</SUBJECT>
                <P>(a) <E T="03">Price of land.</E> The land applied for will be appraised on the basis of its fair market value at the time of appraisal. However, in determination of the price payable by the applicant, value resulting from improvements or development by the applicant or his predecessors in interest will be deducted from the appraised price, and consideration will be given to the equities of the applicant. In no case will the land be sold for less than $1.25 per acre.</P>
                <P>(b) <E T="03">Payment.</E> Applicant will be required to make payment of the sale price of the land within the time stated in the request for payment.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2541.5</SECTNO>
                <SUBJECT>Publication; protests.</SUBJECT>
                <P>(a) The applicant will be required to publish once a week for four consecutive weeks in accordance with § 1824.3 of this chapter, at his expense, in a designated newspaper and in a designated form, a notice allowing all persons claiming the land adversely to file in the office specified in § 2541.1-2(a) their objections to the issuance of patent under the application. A protestant must serve on the applicant a copy of the objections and furnish evidence of such service.</P>
                <P>(b) The applicant must file a statement of the publisher, accompanied by a copy of the notice published, showing that publication has been had for the required time.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2542—Color-of-Title Claims: New Mexico, Contiguous to Spanish or Mexican Grants</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9593, June 13, 1970 unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2542.1</SECTNO>
                <SUBJECT>Application.</SUBJECT>
                <P>(a) <E T="03">Where filed; purchase price required.</E> Applications under the Act of February 23, 1932 must be filed with the authorizing officer of the proper office at Santa Fe, New Mexico, and should be accompanied by payment of the purchase price of the land applied for at the rate of $1.25 per acre.</P>
                <P>(b) <E T="03">Form.</E> No special form of application is provided. The application should be in typewritten form or in legible handwriting and must be corroborated by at least two disinterested persons having actual knowledge of the facts alleged therein.</P>
                <P>(c) <E T="03">Contents of application.</E> Applicants desiring to take advantage of the benefits of the Act of February 23, 1932, must show the following matters in their applications:</P>
                <P>(1) Full name and post-office address of the applicant and whether married or single.</P>

                <P>(2) Description of the land for which patent is desired. If surveyed, the land should be described by legal subdivision, section, township, and range. If unsurveyed, the land should be described by metes and bounds.<PRTPAGE P="134"/>
                </P>
                <P>(3) That the land applied for is contiguous to a Spanish or Mexican land grant. The grant should be identified by name, number, patentee or description of land involved. The points or places at which the land applied for is contiguous to the Spanish or Mexican land grant, must be clearly shown.</P>
                <P>(4) That possession of the lands applied for has been maintained for more than 20 years under claim or color of title. If the applicant is claiming as a record owner, he or she will be required to file an abstract of title, certified to by a competent abstractor, showing the record of all conveyances of the land up to the date of the filing of the application. If the applicant is not a record owner and no abstract of title can be furnished, statements must be filed, setting forth the names of all mesne possessors of the land, the periods held by each, giving the dates and manner of acquiring possession of the land, and the acts of dominion exercised over the land by each possessor.</P>
                <P>(5) That the lands have been held in good faith and in peaceful, adverse possession. The applicant should show whether or not he and his predecessors in interest have paid taxes on the lands and for what periods of time, and whether any consideration was paid for any conveyances of the land. It should further be shown whether there is any person who is claiming the land adversely to the applicant, and if there be such, the name and address of such adverse claimant should be furnished.</P>
                <P>(6) Whether or not valuable improvements have been erected upon the land applied for and whether or not any part of such land has been reduced to cultivation. If improvements have been made, the nature, the value, the exact location, and the time of erection thereof, should be fully disclosed together with the identity of the one who was responsible for erecting such improvements. If any of the land has been reduced to cultivation, the subdivision so claimed to have been reduced must be identified and the amount and nature of the cultivation must be set forth, together with the dates thereof.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2542.2</SECTNO>
                <SUBJECT>Evidence required.</SUBJECT>
                <P>(a) <E T="03">Citizenship.</E> The applicant must furnish a statement showing whether such applicant is a native-born or naturalized citizen of the United States. In the event an applicant is a naturalized citizen, the statement should show the date of the alleged naturalization or declaration of intention, the title and location of the court in which instituted, and when available, the number of the document in question, if the proceeding has been had since September 26, 1906. In addition, in cases of naturalization prior to September 27, 1906, there should be given the date and place of the applicant's birth and the foreign country of which the applicant was a citizen or subject. In case the applicant is a corporation, a certified copy of the articles of incorporation should be filed.</P>
                <P>(b) <E T="03">Acreage claimed.</E> The applicant in the statement required under paragraph (a) of this section must show that the land claimed is not a part of a claim which embraced more than 160 acres on February 23, 1932. If the land claimed is part of a claim containing more than 160 acres, a full disclosure of all facts concerning the larger claim must be furnished.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2542.3</SECTNO>
                <SUBJECT>Publication and posting of notice.</SUBJECT>

                <P>(a) If upon consideration of the application it is determined that the applicant is entitled to purchase the land applied for, the applicant will be required to publish notice of the application in a newspaper of general circulation in the county wherein the land applied for is situated. Notice for publication shall be issued in the following form:
                </P>
                <EXTRACT>
                  <FP SOURCE="FRP">Land Office,</FP>
                  <FP SOURCE="FRP">Santa Fe, New Mexico.</FP>
                  

                  <P>Notice is hereby given that ____________(Name of applicant) of _______________ (Address) has filed application _________________ (Number and land office) under the Act of February 23, 1932 (47 Stat. 53), to purchase_____________________ (Land) Sec.___, T.___, R.___, ______ Mer., claiming under ______(Ground of claim).
                  </P>

                  <P>The purpose of this notice is to allow all persons having bona fide objection to the <PRTPAGE P="135"/>proposed purchase, an opportunity to file their protests in this office on or before
                  </P>
                  <HALFDASH/>
                  <FP SOURCE="FRP">(Date)</FP>
                  <HALFDASH/>
                  <FP SOURCE="FRP">(Manager)</FP>
                </EXTRACT>
                
                <P>(b) The notice shall be published at the expense of the applicant and such publication shall be made once each week for a period of five consecutive weeks. A copy of the notice will be posted in the proper office during the entire period of publication. The applicant must file evidence showing that publication has been had for the required time, which evidence must consist of the statement of the publisher, accompanied by a copy of the notice as published.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2542.4</SECTNO>
                <SUBJECT>Patent.</SUBJECT>
                <P>(a) Upon submission of satisfactory proof of publication and the expiration of the time allowed for the filing of objections against the application, if there be no protest, contest or other objection against the application, patent will then be issued by the authorizing officer.</P>

                <P>(b) There will be incorporated in patents issued on applications under the above Act, the following:
                </P>
                <EXTRACT>
                  <P>Excepting and reserving, however, to the United States, the coal and all other minerals in the land so patented, together with the right of the United States or its permittees, lessees, or grantees, to enter upon said lands for the purpose of prospecting for and mining such deposits as provided for under the Act of February 23, 1932 (47 Stat. 53).</P>
                </EXTRACT>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2543—Erroneously Meandered Lands: Arkansas</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9593, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2543.1</SECTNO>
                <SUBJECT>Applications.</SUBJECT>
                <P>(a) Applications to purchase under the Act of September 21, 1922, must be signed by the applicant in the State of Arkansas. Such applications had to be filed within 90 days from the date of the passage of this Act, if the lands had been surveyed and plats filed, otherwise they must be filed within 90 days from the filing of such plats. The applicant must show that he is either a native-born or naturalized citizen of the United States, and, if naturalized, file record evidence thereof; must describe the land which he desires to purchase, together with the land claimed as the basis of his preference right to the lands applied for if he applies as a riparian owner, or if claiming otherwise, under what color of title his claim is based, and that the applied-for lands are not lawfully appropriated by a qualified settler or entryman under the public land laws, nor in the legal possession of any adverse applicant; the kind, character, and value of the improvements on the land covered by the application; when they were placed thereon; the extent of the cultivation had, if any, and how long continued. This application must be supported by the statements of two persons having personal knowledge of the facts alleged in the application.</P>
                <P>(b) All applications to purchase under the act must be accompanied by an application service fee of $10 which will not be returnable.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2543.2</SECTNO>
                <SUBJECT>Appraisal of land.</SUBJECT>
                <P>When an application is received it will be assigned for investigation and appraisement of the land in accordance with the provisions of the Act of September 21, 1922.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2543.3</SECTNO>
                <SUBJECT>Purchase price required.</SUBJECT>
                <P>If upon consideration of the application it shall be determined that the applicant is entitled to purchase the lands applied for, the applicant will be notified by registered mail that he must within 30 days from service of notice deposit the appraised price, or thereafter, and without further notice, forfeit all rights under his application.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2543.4</SECTNO>
                <SUBJECT>Publication and posting.</SUBJECT>

                <P>Upon payment of the appraised price a notice of publication will be issued. Such notice shall be published at the expense of the applicant in a designated newspaper of general circulation in the vicinity of the lands once a week for five consecutive weeks immediately prior to the date of sale, but a sufficient time should elapse between the date of last publication and date of sale to enable the statement of the publisher to be filed. The notice will advise all persons claiming adversely <PRTPAGE P="136"/>to the applicant that they should file any objections or protests against the allowance of the application within the period of publication, otherwise the application may be allowed. Any objections or protests must be corroborated, and a copy thereof served upon the applicant. The Bureau of Land Management will cause a notice similar to the notice for publication to be posted in such office, during the entire period of publication. The publisher of the newspaper must file in the Bureau of Land Management prior to the date fixed by the sale evidence that publication has been had for the required period, which evidence must consist of the statement of the publisher, accompanied by a copy of the notice published.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2543.5</SECTNO>
                <SUBJECT>Patent.</SUBJECT>
                <P>Upon submission of satisfactory proof, if no protest or contest is pending, patent will be issued.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2544—Erroneously Meandered Lands: Louisiana</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9594, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2544.1</SECTNO>
                <SUBJECT>Applications.</SUBJECT>
                <P>(a) Applications to purchase under the Act of February 19, 1925, must be signed by the applicant in the State of Louisiana. Such applications had to be filed within 90 days from the passage of this act, if the lands had been surveyed and plats filed, otherwise they must be filed within 90 days from the filing of such plat. The applicant must show that he is either a native-born or a naturalized citizen of the United States, and, if naturalized, file record evidence thereof; must describe the land which he desires to purchase, together with the land claimed as the basis of his preference right to the lands applied for it he applies as a riparian owner, or if claiming otherwise, under what color of the title his claim is based; in other words, a complete history of the claim, and that the lands applied for are not lawfully appropriated by a qualified settler or entryman under the public land laws, nor in the legal possession of any adverse applicant; the kind, character, and value of the improvements on the land covered by the application; when they were placed thereon; the extent of the cultivation, if any, and how long continued. Such application must be supported by the statement of at least two persons having personal knowledge of the facts alleged in the application.</P>
                <P>(b) All applications to purchase under the act must be accompanied by an application service fee of $10 which will not be returnable.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2544.2</SECTNO>
                <SUBJECT>Appraisal of land.</SUBJECT>
                <P>When an application is received it will be assigned for investigation and appraisement of the land in accordance with the provisions of the act.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2544.3</SECTNO>
                <SUBJECT>Notice to deposit purchase price.</SUBJECT>
                <P>If, upon consideration of the application, it shall be determined that the applicant is entitled to purchase the lands applied for, the applicant will be notified, by registered mail, that he must within 6 months from receipt of notice deposit the appraised price of the land or else forfeit all his rights under his application.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2544.4</SECTNO>
                <SUBJECT>Publication and posting.</SUBJECT>

                <P>Upon payment of the appraised price of the land the Bureau will issue notice of publication. Such notice shall be published at the expense of the applicant in a designated newspaper of general circulation in the vicinity of the lands, once a week for five consecutive weeks. In accordance with § 1824.3 of this chapter, immediately prior to the date of sale, but a sufficient time shall elapse between the date of the last publication and the date of sale to enable the statement of the publisher to be filed. The notice will advise all persons claiming adversely to the applicant that they should file any objections or protests against the allowance of the application within the period of publication, otherwise the application may be allowed. Any objections or protests must be corroborated, and a copy thereof served upon the applicant. The Bureau will also cause a copy of such notice of publication to be posted in such office during the entire period of publication. The applicant must file in the Bureau prior to the date fixed for the sale evidence that publication has <PRTPAGE P="137"/>been had for the required period, which evidence must consist of the statement of the publisher accompanied by a copy of the notice so published.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2544.5</SECTNO>
                <SUBJECT>Patent.</SUBJECT>
                <P>Upon the submission of satisfactory proof, the Bureau will, if no protest or contest is pending, issue patent, such patent to contain a stipulation that all the minerals in the lands described in the application are reserved to the United States with the right to prospect for, mine and remove same.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2545—Erroneously Meandered Lands: Wisconsin</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9594, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2545.1</SECTNO>
                <SUBJECT>Qualifications of applicants.</SUBJECT>
                <P>(a) To qualify under the Act of 1954, a person, or his predecessors in interest, (1) must have been issued, prior to January 21, 1953, a patent for lands lying along the meander line as originally determined, and (2) must have held in good faith and in peaceful, adverse possession since the date of issuance of said patent adjoining public lands lying between the original meander line and the resurveyed meander line.</P>
                <P>(b) To qualify under the Act of 1925, a person must either (1) be the owner in good faith of land, acquired prior to February 27, 1925, shown by the official public land surveys to be bounded in whole or in part by such public lands or (2) be a citizen of the United States who, in good faith under color of title or claiming as a riparian owner, had, prior to February 27, 1925, placed valuable improvements upon or reduced to cultivation any of such public lands.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2545.2</SECTNO>
                <SUBJECT>Applications.</SUBJECT>
                <P>(a) Claimants under the Act of 1925 have a preferred right of application for a period of 90 days from the date of filing of the plat of survey of lands claimed by them. Applications for public lands under the Act of 1954 must be filed within 1 year after August 24, 1954, or 1 year from the date of the official plat or resurvey, whichever is later. All applications must be filed in the proper office (see § 1821.2-1 of this chapter).</P>
                <P>(b) Every application must be accompanied by a filing fee of $10, which is not returnable.</P>
                <P>(c) No particular form is required but the applications must be typewritten or in legible handwriting and must contain the following information:</P>
                <P>(1) The name and post office address of the applicant.</P>
                <P>(2) The legal description and acreage of the public lands claimed or desired.</P>
                <P>(3) The legal description of the lands owned by the applicant, if any, adjoining the public lands claimed or desired. If the claim is based on ownership of such adjoining lands, the application must be accompanied by a certificate from the proper county official or by an abstractor, showing the date of acquisition of the lands by the applicant and that the applicant owns the lands in fee simple as of the date of application.</P>
                <P>(4) If the applicant is a color-of-title applicant under the Act of 1925, a statement whether or not the applicant is a citizen of the United States.</P>
                <P>(5) If the application is based on color of title or riparian claim under the Act of 1925, a statement fully disclosing the facts of the matter; or if the application is based on peaceful, adverse possession under the Act of 1954, a similar statement showing peaceful, adverse possession by the applicant, or his predecessors in interest, since the issuance of the patent to the lands adjoining the claimed lands.</P>
                <P>(6) A statement showing the improvements, if any, placed on the public lands applied for including their location, nature, present value, date of installation, and the names of the person or persons who installed them.</P>
                <P>(7) A statement showing the cultivation, if any, of the lands applied for, including the nature, location, and dates of such cultivation.</P>
                <P>(8) The names and post office addresses of any adverse claimants, settlers, or occupants of the public lands applied for or claimed.</P>
                <P>(9) The names and post office addresses of at least two disinterested persons having knowledge of the facts relating to the applicant's claim.</P>
                <P>(10) A citation of the act under which the application is made.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="138"/>
                <SECTNO>§ 2545.3</SECTNO>
                <SUBJECT>Publication and protests.</SUBJECT>
                <P>(a) The applicant will be required to publish once a week for five consecutive weeks in accordance with § 1824.3 of this chapter, at his expense, in a designated newspaper and in a designated form, a notice allowing all persons claiming the land adversely to file with the Bureau of Land Management, Washington, DC, their objections to issuance of patent under the application. A protestant must serve on the applicant a copy of the objections and furnish evidence of such service.</P>
                <P>(b) The applicant must file a statement of the publisher, accompanied by a copy of the notice published, showing that publication has been had for the required time.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2545.4</SECTNO>
                <SUBJECT>Price of land; other conditions.</SUBJECT>
                <P>(a) Persons entitled to a patent under the Act of 1954 must, within 30 days after request therefor, pay, under the same terms and conditions, the same price per acre as was paid for the land included in their original patent.</P>
                <P>(b) Persons entitled to a patent under the Act of 1925, within 30 days after request therefor, must pay the appraised price of the lands, which price will be the value of the lands as of the date of appraisal, exclusive of any increased value resulting from the development or improvement of the lands for agricultural purposes by the applicant or his predecessors in interest but inclusive of the stumpage value of any timber cut or removed by them.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2546—Snake River, Idaho: Omitted Lands</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9595, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2546.1</SECTNO>
                <SUBJECT>Offers of lands for sale.</SUBJECT>

                <P>Before any lands may be sold under the Act, the authorized officer of the Bureau of Land Management shall publish in the <E T="04">Federal Register</E> and in at least one newspaper of general circulation within the State of Idaho a notice that the lands will be offered for sale, which notice shall specify a period of time not less than 30 days in duration during which citizens may file with the proper office at Boise, Idaho, a notice of their intention to apply to purchase all or part of the lands as qualified preference-right claimants.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2546.2</SECTNO>
                <SUBJECT>Applications for purchase.</SUBJECT>
                <P>(a) All citizens who file a notice of intention in accordance with § 2546.1 within the time period specified in the published notice or any amendment thereof will be granted by the authorized officer a period of time not less than 30 days in duration in which to file, in duplicate with the Authorizing officer of the Boise State Office, their applications to purchase lands as preference-right claimants.</P>
                <P>(b) Every application must be accompanied by a filing fee of $10, which is not returnable.</P>
                <P>(c) No particular form is required but the applications must be typewritten or in legible handwriting and must contain the following information:</P>
                <P>(1) The name and post office address of the claimant.</P>
                <P>(2) The description and acreage of the public lands claimed or desired.</P>
                <P>(3) The description of the lands owned by the applicant, if any, adjoining the public lands claimed or desired accompanied by a certificate from the proper county official or by an abstractor or by an attorney showing the date of acquisition of the lands by the applicant and that the applicant owns the lands in fee simple as of the date of application.</P>
                <P>(4) A statement showing that the claimant is a citizen of the United States, as defined in paragraph (4) of § 2540.0-3(f).</P>
                <P>(5) A statement giving the basis for color of title or claim of riparian ownership.</P>
                <P>(6) A statement showing the improvements, if any, placed on the public lands applied for including their location, nature, present value, date of installation, and the names of the person or persons who installed them.</P>
                <P>(7) A statement showing the cultivation and occupancy, if any, of the lands applied for, including the nature, location, and date of such cultivation and occupancy.</P>

                <P>(8) The names and post office addresses of any adverse claimants, settlers, <PRTPAGE P="139"/>or occupants of the public lands claimed.</P>
                <P>(9) The names and addresses of at least two disinterested persons having knowledge of the facts relating to the applicant's claim.</P>
                <P>(10) A citation of the Act under which the application is made.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2546.3</SECTNO>
                <SUBJECT>Payment and publication.</SUBJECT>
                <P>(a) Before lands may be sold to a qualified preference-right claimant, the claimant will be required to pay the purchase price of the lands and will be required to publish once a week for four consecutive weeks, at his expense, in a designated newspaper and in a designated form, a notice allowing all persons having objections to file with the Authorizing officer of the State Office at Boise, Idaho, their objections to issuance of patent to the claimant. A protestant must serve on the claimant a copy of the objections and must furnish the Authorizing officer with evidence of such service.</P>
                <P>(b) Among other things, the notice will describe the lands to be patented, state the purchase price for the lands and the reservations, if any, to be included in the patent to preserve public recreational values in the lands.</P>
                <P>(c) The claimant must file a statement of the publisher, accompanied by a copy of the notice published, showing that publication has been had for the required time.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2546.4</SECTNO>
                <SUBJECT>Public auctions.</SUBJECT>
                <P>(a) The authorized officer may sell under the Act at public auction any lands for which preference-claimants do not qualify for patents under the regulations of § 2540.0-3(f) and subpart 2546.</P>
                <P>(b) Lands will be sold under this section at not less than their appraised fair market value at the time and place and in the manner specified by the authorized officer in a public notice of the sale.</P>
                <P>(c) Bids may be made by the principal or his agent, either personally at the sale or by mail.</P>
                <P>(d) A bid sent by mail must be received at the place and within the time specified in the public notice. Each such bid must clearly state (1) the name and address of the bidder and (2) the specified tract, as described in the notice for which the bid is made. The envelope must be noted as required by the notice.</P>
                <P>(e) Each bid by mail must be accompanied by certified or cashier's check, post office money order or bank draft for the amount of the bid.</P>
                <P>(f) The person who submits the highest bid for each tract at the close of bidding, but not less than the minimum price, will be declared the purchaser.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2547—Omitted Lands: General</HD>
              <AUTH>
                <HD SOURCE="HED">Authority: </HD>
                <P>Secs. 211 and 310 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1721 and 1740).</P>
              </AUTH>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>44 FR 41793, July 18, 1979, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2547.1</SECTNO>
                <SUBJECT>Qualifications of applicants.</SUBJECT>
                <P>(a) Any person authorized to hold title to land in the State may make application under section 211 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1721). For regulations on conveyances of omitted lands and unsurveyed islands to State and local governments see subpart 2742 of this title.</P>
                <P>(b) The applicant shall be a citizen of the United States, or in the case of corporation, shall be organized under the laws of the United States or any State thereof.</P>
                <P>(c) The applicant shall have occupied and developed the lands for a 5-year period prior to January 1, 1975.</P>
                <CITA>[44 FR 41793, July 18, 1979; 44 FR 55876, Sept. 28, 1979]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2547.2</SECTNO>
                <SUBJECT>Procedures; applications.</SUBJECT>
                <P>(a) The description of the omitted lands applied for shall be sufficiently complete to identify the location, boundary, and area of the land, including, if possible, the legal description of the land by section or fractional section, township, range, meridian and State.</P>

                <P>(b) Each application shall be accompanied by a filing fee of $50 that is nonreturnable. The application shall be filed in accordance with the provisions of § 1821.2 of this title.<PRTPAGE P="140"/>
                </P>
                <P>(c) No special form of application is required. The application shall be typewritten or in legible handwriting and shall contain the following information:</P>
                <P>(1) The full name and legal mailing address of the applicant.</P>
                <P>(2) The description and acreage of the public lands claimed.</P>
                <P>(3) A statement showing that the applicant is qualified or authorized to hold title to land in the State, is a citizen of the United States, and in the case of a corporation, is organized under the laws of the United States or any State thereof.</P>
                <P>(4) A statement describing how the applicant has satisfied the requirements of the statute.</P>
                <P>(5) A statement describing the nature and extent of any developments made to the lands applied for and describing the period and type of any occupancy of the land.</P>
                <P>(6) The names and legal mailing addresses of any known adverse claimants or occupants of the applied for lands.</P>
                <P>(7) A citation of the Act under which the application is being made.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2547.3</SECTNO>
                <SUBJECT>Price of land; payment.</SUBJECT>
                <P>(a) The land applied for shall be appraised for fair market value at the time of appraisal. However, in determination of the price payable by the applicant, value resulting from development and occupation by the applicant or his predecessors in interest shall be deducted from the appraised price.</P>
                <P>(b) The applicant shall also be required to pay administrative costs, including:</P>
                <P>(1) The cost of making the survey,</P>
                <P>(2) The cost of appraisal, and</P>
                <P>(3) The cost of making the conveyance.</P>
                <P>(c) The applicant shall be required to make payment of the sale price and administrative costs within the time stated in the requests for payment or any extensions granted thereto by the authorized officer.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2547.4</SECTNO>
                <SUBJECT>Publication and protests.</SUBJECT>
                <P>(a) The applicant shall be required to publish a notice of the application once a week for five consecutive weeks in accordance with § 1824.3 of this title, in a designated newspaper and in a designated form. All persons claiming the land adversely may file with the State Office of the Bureau of Land Management in which the lands are located, their objections to issuance of patent under the application. A protestant shall serve on the applicant a copy of the objections and furnish evidence of such service.</P>
                <P>(b) The applicant shall file at the appropriate BLM office a statement of the publisher, accompanied by a copy of the notice published, showing that the publication has been made for the required time.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2547.5</SECTNO>
                <SUBJECT>Disposal considerations.</SUBJECT>
                <P>(a) Disposal under this provision shall not be made until:</P>
                <P>(1) It has been determined by the authorized officer that such conveyance is in the public interest and will serve objectives which outweigh all public objectives and values which would be served by retaining such lands in Federal ownership.</P>
                <P>(2) The relevant State government, local government, and areawide planning agency designated under section 204 of the Demonstration Cities and Metropolitan Act of 1966 (80 Stat. 1255, 1262), and/or Title IV of the Intergovernmental Cooperation Act of 1968 (82 Stat. 1098, 1103-4) have notified the authorized officer as to the consistency of such conveyance with applicable State and local government land use plans and programs.</P>
                <P>(3) The plat of survey has been officially filed.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2547.6</SECTNO>
                <SUBJECT>Lands not subject to disposal under this subpart.</SUBJECT>
                <P>This subpart shall not apply to any lands within the National Forest System, defined in the Act of August 17, 1974 (16 U.S.C. 1601), the National Park System, the National Wildlife Refuge System, and the National Wild and Scenic Rivers System.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2547.7</SECTNO>
                <SUBJECT>Coordination with State and local governments.</SUBJECT>

                <P>At least 60 days prior to offering land for sale, the authorized officer shall notify the Governor of the State within which the lands are located and the <PRTPAGE P="141"/>head of the governing body of any political subdivision of the State having zoning or other land use regulatory jurisdiction in the geographical area within which the lands are located that the lands are being offered for sale. The authorized officer shall also promptly notify such public officials of the issuance of the patent for such lands.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2560</EAR>
            <HD SOURCE="HED">PART 2560—ALASKA OCCUPANCY AND USE</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2561—Native Allotments</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2561.0-2</SECTNO>
                <SUBJECT>Objectives.</SUBJECT>
                <SECTNO>2561.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2561.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>2561.0-8</SECTNO>
                <SUBJECT>Lands subject to allotment.</SUBJECT>
                <SECTNO>2561.1</SECTNO>
                <SUBJECT>Applications.</SUBJECT>
                <SECTNO>2561.2</SECTNO>
                <SUBJECT>Proof of use and occupancy.</SUBJECT>
                <SECTNO>2561.3</SECTNO>
                <SUBJECT>Effect of allotment.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2562—Trade and Manufacturing Sites</HD>
                <SECTNO>2562.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2562.1</SECTNO>
                <SUBJECT>Initiation of claim.</SUBJECT>
                <SECTNO>2562.2</SECTNO>
                <SUBJECT>Qualifications of applicant.</SUBJECT>
                <SECTNO>2562.3</SECTNO>
                <SUBJECT>Applications.</SUBJECT>
                <SECTNO>2562.4</SECTNO>
                <SUBJECT>Survey.</SUBJECT>
                <SECTNO>2562.5</SECTNO>
                <SUBJECT>Publication and posting.</SUBJECT>
                <SECTNO>2562.6</SECTNO>
                <SUBJECT>Form of entry.</SUBJECT>
                <SECTNO>2562.7</SECTNO>
                <SUBJECT>Patent.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2563—Homesites or Headquarters</HD>
                <SECTNO>2563.0-2</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <SECTNO>2563.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2563.0-7</SECTNO>
                <SUBJECT>Cross references.</SUBJECT>
                <SECTNO>2563.1</SECTNO>
                <SUBJECT>Purchase of tracts not exceeding 5 acres, on showing as to employment or business (Act of March 3, 1927).</SUBJECT>
                <SECTNO>2563.1-1</SECTNO>
                <SUBJECT>Application.</SUBJECT>
                <SECTNO>2563.1-2</SECTNO>
                <SUBJECT>Approval.</SUBJECT>
                <SECTNO>2563.2</SECTNO>
                <SUBJECT>Purchase of tracts not exceeding 5 acres, without showing as to employment or business (Act of May 26, 1934).</SUBJECT>
                <SECTNO>2563.2-1</SECTNO>
                <SUBJECT>Procedures for initiating claim.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2564—Native Townsites</HD>
                <SECTNO>2564.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2564.0-4</SECTNO>
                <SUBJECT>Responsibility.</SUBJECT>
                <SECTNO>2564.1</SECTNO>
                <SUBJECT>Application for restricted deed.</SUBJECT>
                <SECTNO>2564.2</SECTNO>
                <SUBJECT>No payment, publication or proof required on entry for native towns.</SUBJECT>
                <SECTNO>2564.3</SECTNO>
                <SUBJECT>Native towns occupied partly by white occupants.</SUBJECT>
                <SECTNO>2564.4</SECTNO>
                <SUBJECT>Provisions to be inserted in restricted deeds.</SUBJECT>
                <SECTNO>2564.5</SECTNO>
                <SUBJECT>Sale of land for which restricted deed was issued.</SUBJECT>
                <SECTNO>2564.6</SECTNO>
                <SUBJECT>Application for unrestricted deed.</SUBJECT>
                <SECTNO>2564.7</SECTNO>
                <SUBJECT>Determination of competency or noncompetency; issuance of unrestricted deed.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2565—Non-native Townsites</HD>
                <SECTNO>2565.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2565.0-7</SECTNO>
                <SUBJECT>Cross reference.</SUBJECT>
                <SECTNO>2565.1</SECTNO>
                <SUBJECT>General requirements.</SUBJECT>
                <SECTNO>2565.2</SECTNO>
                <SUBJECT>Application; fees; contests and protests.</SUBJECT>
                <SECTNO>2565.3</SECTNO>
                <SUBJECT>Subdivision.</SUBJECT>
                <SECTNO>2565.4</SECTNO>
                <SUBJECT>Deeds.</SUBJECT>
                <SECTNO>2565.5</SECTNO>
                <SUBJECT>Sale of the land.</SUBJECT>
                <SECTNO>2565.6</SECTNO>
                <SUBJECT>Rights-of-way.</SUBJECT>
                <SECTNO>2565.7</SECTNO>
                <SUBJECT>Final report of trustee; disposition of unexpended moneys and unsold lots.</SUBJECT>
                <SECTNO>2565.8</SECTNO>
                <SUBJECT>Records to be kept by trustee.</SUBJECT>
                <SECTNO>2565.9</SECTNO>
                <SUBJECT>Disposition of records on completion of trust.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2566—Alaska Railroad Townsites</HD>
                <SECTNO>2566.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2566.0-7</SECTNO>
                <SUBJECT>Cross references.</SUBJECT>
                <SECTNO>2566.1</SECTNO>
                <SUBJECT>General procedures.</SUBJECT>
                <SECTNO>2566.2</SECTNO>
                <SUBJECT>Public sale.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2568—Alaska Native Allotments for Certain Veterans </HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Purpose</HD>
                  <SECTNO>2568.10</SECTNO>
                  <SUBJECT>What Alaska Native allotment benefits are available to certain Alaska Native veterans?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Regulatory Authority</HD>
                  <SECTNO>2568.20</SECTNO>
                  <SUBJECT>What is the legal authority for these allotments?</SUBJECT>
                  <SECTNO>2568.21</SECTNO>
                  <SUBJECT>Do other regulations directly apply to these regulations? </SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Definitions</HD>
                  <SECTNO>2568.30</SECTNO>
                  <SUBJECT>What terms do I need to know to understand these regulations?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Information Collection</HD>
                  <SECTNO>2568.40</SECTNO>
                  <SUBJECT>Does BLM have the authority to ask me for the information required in these regulations?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Who is Qualified for an Allotment</HD>
                  <SECTNO>2568.50</SECTNO>
                  <SUBJECT>What qualifications do I need to be eligible for an allotment?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Personal Representatives</HD>
                  <SECTNO>2568.60</SECTNO>
                  <SUBJECT>May the personal representatives of eligible deceased veterans apply on their behalf?</SUBJECT>
                  <SECTNO>2568.61</SECTNO>
                  <SUBJECT>What are the requirements for a personal representative?</SUBJECT>
                  <SECTNO>2568.62</SECTNO>

                  <SUBJECT>Under what circumstances does BLM accept the appointment of a personal representative?<PRTPAGE P="142"/>
                  </SUBJECT>
                  <SECTNO>2568.63</SECTNO>
                  <SUBJECT>Under what circumstances does BLM reject the appointment of a personal representative?</SUBJECT>
                  <SECTNO>2568.64</SECTNO>
                  <SUBJECT>Are there different requirements for giving an allotment to the estate of a deceased veteran?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Applying for an Allotment</HD>
                  <SECTNO>2568.70</SECTNO>
                  <SUBJECT>If I am qualified for an allotment, when can I apply? </SUBJECT>
                  <SECTNO>2568.71</SECTNO>
                  <SUBJECT>Where do I file my application?</SUBJECT>
                  <SECTNO>2568.72</SECTNO>
                  <SUBJECT>When does BLM consider my application to be filed too late?</SUBJECT>
                  <SECTNO>2568.73</SECTNO>
                  <SUBJECT>Do I need to fill out a special application form?</SUBJECT>
                  <SECTNO>2568.74</SECTNO>
                  <SUBJECT>What else must I file with my application?</SUBJECT>
                  <SECTNO>2568.75</SECTNO>
                  <SUBJECT>Must I include a Certificate of Indian Blood as well as a Department of Defense verification of qualifying military service when I file my application with BLM?</SUBJECT>
                  <SECTNO>2568.76</SECTNO>
                  <SUBJECT>Do I need to pay any fees when I file my application?</SUBJECT>
                  <SECTNO>2568.77</SECTNO>
                  <SUBJECT>Do I have to post, on-the-ground, the land in my application?</SUBJECT>
                  <SECTNO>2568.78</SECTNO>
                  <SUBJECT>Will my application segregate the land for which I am applying from other applications or land actions?</SUBJECT>
                  <SECTNO>2568.79</SECTNO>
                  <SUBJECT>Are there any rules about the number and size of parcels?</SUBJECT>
                  <SECTNO>2568.80</SECTNO>
                  <SUBJECT>Does the parcel have to be surveyed before I can receive title to it?</SUBJECT>
                  <SECTNO>2568.81</SECTNO>
                  <SUBJECT>If BLM finds errors in my application, will BLM give me a chance to correct them?</SUBJECT>
                  <SECTNO>2568.82</SECTNO>
                  <SUBJECT>If BLM decides that I have not submitted enough information to show qualifying use and occupancy, will it reject my application or give me a chance to submit more information?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Available Lands—General</HD>
                  <SECTNO>2568.90</SECTNO>
                  <SUBJECT>If I qualify for an allotment, what land may BLM convey to me?</SUBJECT>
                  <SECTNO>2568.91</SECTNO>
                  <SUBJECT>Is there land owned by the Federal government that BLM cannot convey to me even if I qualify?</SUBJECT>
                  <SECTNO>2568.92</SECTNO>
                  <SUBJECT>Is there anything else I should consider if I apply for land that is selected by a Native corporation or by the State of Alaska?</SUBJECT>
                  <SECTNO>2568.93</SECTNO>
                  <SUBJECT>Is there a limit to how much water frontage my allotment can include?</SUBJECT>
                  <SECTNO>2568.94</SECTNO>
                  <SUBJECT>Can I receive an allotment of land that is valuable for minerals?</SUBJECT>
                  <SECTNO>2568.95</SECTNO>
                  <SUBJECT>Will BLM try to reacquire land that has been conveyed out of Federal ownership so it can convey that land to a Native veteran?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Available Lands—Conservation System Units (CSU)</HD>
                  <SECTNO>2568.100</SECTNO>
                  <SUBJECT>What is a CSU?</SUBJECT>
                  <SECTNO>2568.101</SECTNO>
                  <SUBJECT>If the land I used and occupied is within a CSU other than a National Wilderness or any part of a National Forest, can I receive a title to it?</SUBJECT>
                  <SECTNO>2568.102</SECTNO>
                  <SUBJECT>Is the process by which the managing agency decides whether my allotment is not inconsistent with the CSU the same as other such determination processes?</SUBJECT>
                  <SECTNO>2568.103</SECTNO>
                  <SUBJECT>By what process does the managing agency of a CSU decide if my allotment would be consistent with the CSU?</SUBJECT>
                  <SECTNO>2568.104</SECTNO>
                  <SUBJECT>How will a CSU manager determine if my allotment is consistent with the CSU?</SUBJECT>
                  <SECTNO>2568.105</SECTNO>
                  <SUBJECT>In what situations could a CSU manager likely find an allotment to be consistent with the CSU?</SUBJECT>
                  <SECTNO>2568.106</SECTNO>
                  <SUBJECT>In what situations could a CSU manager generally find an allotment to be inconsistent with the purposes of a CSU?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Alternative Allotments</HD>
                  <SECTNO>2568.110</SECTNO>
                  <SUBJECT>If I qualify for Federal land in one of the categories BLM cannot convey, is there any other way for me to receive an allotment?</SUBJECT>
                  <SECTNO>2568.111</SECTNO>
                  <SUBJECT>What if BLM decides that I qualify for land that is in the category of Federal land that BLM cannot convey?</SUBJECT>
                  <SECTNO>2568.112</SECTNO>
                  <SUBJECT>What do I do if BLM notifies me that I am eligible to choose an alternative allotment?</SUBJECT>
                  <SECTNO>2568.113</SECTNO>
                  <SUBJECT>Do I have to prove that I used and occupied the land I've chosen as an alternative allotment?</SUBJECT>
                  <SECTNO>2568.114</SECTNO>
                  <SUBJECT>How do I apply for an alternative allotment if the CSU manager determines my application is inconsistent with a CSU?</SUBJECT>
                  <SECTNO>2568.115</SECTNO>
                  <SUBJECT>When must I apply for an alternative allotment if the CSU manager determines my application is inconsistent with a CSU?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Appeals</HD>
                  <SECTNO>2568.120</SECTNO>
                  <SUBJECT>What can I do if I disagree with any of the decisions that are made about my allotment application?</SUBJECT>
                  <SECTNO>2568.121</SECTNO>
                  <SUBJECT>If an agency determines my allotment is inconsistent with the purposes of a CSU, what can I do if I disagree?</SUBJECT>
                  <SECTNO>2568.122</SECTNO>
                  <SUBJECT>What then does the CSU manager do with my request for reconsideration?</SUBJECT>
                  <SECTNO>2568.123</SECTNO>
                  <SUBJECT>Can I appeal the CSU Manager's reconsidered decision if I disagree with it?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority: </HD>
              <P>43 U.S.C. 1201, 1740.</P>
            </AUTH>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2561—Native Allotments</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9597, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <PRTPAGE P="143"/>
                <SECTNO>§ 2561.0-2</SECTNO>
                <SUBJECT>Objectives.</SUBJECT>
                <P>It is the program of the Secretary of the Interior to enable individual natives of Alaska to acquire title to the lands they use and occupy and to protect the lands from the encroachment of others.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2561.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>The Act of May 17, 1906 (34 Stat. 197), as amended August 2, 1956 (70 Stat. 954; 43 U.S.C. 270-1 to 270-3), authorizes the Secretary of the Interior to allot not to exceed 160 acres of vacant, unappropriated, and unreserved nonmineral land in Alaska or, subject to the provisions of the Act of March 8, 1922 (42 Stat. 415; 48 U.S.C. 376-377), of vacant, unappropriated, and unreserved public land in Alaska that may be valuable for coal, oil, or gas deposits, or, under certain conditions, of national forest lands in Alaska, to any Indian, Aleut or Eskimo of full or mixed blood who resides in and is a native of Alaska, and who is the head of a family, or is twenty-one years of age.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2561.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>As used in the regulations in this section.</P>
                <P>(a) The term <E T="03">substantially continuous use and occupancy</E> contemplates 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 possession and use of the land, at least potentially exclusive of others, and not merely intermittent use.</P>
                <P>(b) <E T="03">Allotment</E> is an allocation to a Native of land of which he has made substantially continuous use and occupancy for a period of five years and which shall be deemed the <E T="03">homestead</E> of the allottee and his heirs in perpetuity, and shall be inalienable and nontaxable except as otherwise provided by the Congress.</P>
                <P>(c) <E T="03">Allotment Act</E> means the Act of May 17, 1906 (34 Stat. 197), as amended (48 U.S.C. 357, 357a, 357b).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2561.0-8</SECTNO>
                <SUBJECT>Lands subject to allotment.</SUBJECT>
                <P>(a) A Native may be granted a single allotment of not to exceed 160 acres of land. All the lands in an allotment need not be contiguous but each separate tract of the allotment should be in reasonably compact form.</P>
                <P>(b) In areas where the rectangular survey pattern is appropriate, an allotment may be in terms of 40-acre legal subdivisions and survey lots on the basis that substantially continuous use and occupancy of a significant portion of such smallest legal subdivision shall normally entitle the applicant to the full subdivision, absent conflicting claims.</P>
                <P>(c) Allotments may be made in national forests if founded on occupancy of the land prior to the establishment of the particular forest or if an authorized officer of the Department of Agriculture certifies that the land in the application for allotment is chiefly valuable for agricultural or grazing purposes.</P>
                <P>(d) Lands in applications for allotment and allotments that may be valuable for coal, oil, or gas deposits are subject to the regulations of § 2093.4 of this chapter.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2561.1</SECTNO>
                <SUBJECT>Applications.</SUBJECT>
                <P>(a) Applications for allotment properly and completely executed on a form approved by the Director, Bureau of Land Management, must be filed in the proper office which has jurisdiction over the lands.</P>
                <P>(b) Any application for allotment of lands which extend more than 160 rods along the shore of any navigable waters shall be considered a request for waiver of the 160-rod limitation (see part 2094 of this chapter).</P>
                <P>(c) If surveyed, the land must be described in the application according to legal subdivisions and must conform to the plat of survey when possible. If unsurveyed, it must be described as accurately as possible by metes and bounds and tied to natural objects. On unsurveyed lands, the application should be accompanied by a map or approved protracted survey diagram showing approximately the lands included in the application.</P>

                <P>(d) An application for allotment shall be rejected unless the authorized officer of the Bureau of Indian Affairs certifies that the applicant is a native qualified to make application under the Allotment Act, that the applicant <PRTPAGE P="144"/>has occupied and posted the lands as stated in the application, and that the claim of the applicant does not infringe on other native claims or area of native community use.</P>

                <P>(e) The filing of an acceptable application for a Native allotment will segregate the lands. Thereafter, subsequent conflicting applications for such lands shall be rejected, except when the conflicting application is made for the conveyance of lands pursuant to any provision of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 <E T="03">et seq.</E>).</P>
                <P>(f) By the filing of an application for allotment the applicant acquires no rights except as provided in paragraph (e) of this section. If the applicant does not submit the required proof within six years of the filing of his application in the proper office, his application for allotment will terminate without affecting the rights he gained by virtue of his occupancy of the land or his right to make another application.</P>
                <CITA>[35 FR 9597, June 13, 1970, as amended at 39 FR 34542, Sept. 26, 1974]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2561.2</SECTNO>
                <SUBJECT>Proof of use and occupancy.</SUBJECT>
                <P>(a) An allotment will not be made until the lands are surveyed by the Bureau of Land Management, and until the applicant or the authorized officer of the Bureau of Indian Affairs has made satisfactory proof of substantially continuous use and occupancy of the land for a period of five years by the applicant. Such proof shall be made on a form approved by the Director, Bureau of Land Management, and filed in the proper land office. If made by the applicant, it must be signed by him, but if he is unable to write his name, his mark or thumb print shall be impressed on the statement and witnessed by two persons. This proof may be submitted with the application for allotment if the applicant has then used and occupied the land for five years, or may be made at any time within six years after the filing of the application when the requirements have been met.</P>
                <P>(b)[Reserved]</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2561.3</SECTNO>
                <SUBJECT>Effect of allotment.</SUBJECT>
                <P>(a) Land allotted under the Act is the property of the allottee and his heirs in perpetuity, and is inalienable and nontaxable. However, a native of Alaska who received an allotment under the Act, or his heirs, may with the approval of the Secretary of the Interior or his authorized representative, convey the complete title to the allotted land by deed. The allotment shall thereafter be free of any restrictions against alienation and taxation unless the purchaser is a native of Alaska who the Secretary determines is unable to manage the land without the protection of the United States and the conveyance provides for a continuance of such restrictions.</P>
                <P>(b) Application by an allottee or his heirs for approval to convey title to land allotted under the Allotment Act shall be filed with the appropriate officer of the Bureau of Indian Affairs.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2562—Trade and Manufacturing Sites</HD>
              <AUTH>
                <HD SOURCE="HED">Authority: </HD>
                <P>R.S. 2478; 43 U.S.C. 1201.</P>
              </AUTH>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9598, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2562.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>Section 10 of the Act of May 14, 1898 (30 Stat. 413, as amended August 23, 1958 (72 Stat. 730; 43 U.S.C. 687a), authorizes the sale at the rate of $2.50 per acre of not exceeding 80 acres of land in Alaska possessed and occupied in good faith as a trade and manufacturing site. The lands must be nonmineral in character, except that lands that may be valuable for coal, oil, or gas deposits are subject to disposition under the Act of March 8, 1922 (42 Stat. 415; 48 U.S.C. 376-377), as amended, and the regulations of § 2093.4 of this chapter.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2562.1</SECTNO>
                <SUBJECT>Initiation of claim.</SUBJECT>
                <P>(a) <E T="03">Notice.</E> Any qualified person, association, or corporation initiating a claim on or after April 29, 1950, under section 10 of the Act of May 14, 1898, by the occupation of vacant and unreserved public land in Alaska for the purposes of trade, manufacture, or other productive industry, must file notice of the claim for recordation in the proper office for the district in which the land is situated, within 90 days after such initiation. Where on April 29, 1950, such a claim was held by <PRTPAGE P="145"/>a qualified person, association, or corporation, the claimant must file notice of the claim in the proper office, within 90 days from that date.</P>
                <P>(b) <E T="03">Form of notice.</E> The notice must be filed on a form approved by the Director in triplicate if the land is unsurveyed, or in duplicate if surveyed, and shall contain:</P>
                <P>(1) The name and address of the claimant, (2) age and citizenship, (3) date of occupancy, and (4) the description of the land by legal subdivisions, section, township and range, if surveyed, or, if unsurveyed, by metes and bounds with reference to some natural object or permanent monument, giving, if desired, the approximate latitude and longitude. The notice must designate the kind of trade, manufacture, or other productive industry in connection with which the site is maintained or desired.</P>
                <P>(c) <E T="03">Failure to file notice.</E> Unless a notice of the claim is filed within the time prescribed in paragraph (a) of this section no credit shall be given for occupancy of the site prior to filing of notice in the proper office, or application to purchase, whichever is earlier.</P>
                <P>(d) <E T="03">Recording fee.</E> The notice of the claim must be accompanied by a remittance of $10.00, which will be earned and applied as a service charge for recording the notice, and will not be returnable, except in cases where the notice is not acceptable to the proper office for recording, because the land is not subject to the form of disposition specified in the notice.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2562.2</SECTNO>
                <SUBJECT>Qualifications of applicant.</SUBJECT>
                <P>An application must show that the applicant is a citizen of the United States and 21 years of age, and that he has not theretofore applied for land as a trade and manufacturing site. If such site has been applied for and the application not completed, the facts must be shown. If the application is made for an association of citizens or a corporation, the qualifications of each member of the organization must be shown. In the case of a corporation, proof of incorporation must be established by the certificate of the officer having custody of the records of incorporation at the place of its formation and it must be shown that the corporation is authorized to hold land in Alaska.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2562.3</SECTNO>
                <SUBJECT>Applications.</SUBJECT>
                <P>(a) <E T="03">Execution.</E> Application for a trade and manufacturing site should be executed in duplicate and should be filed in the proper office. It need not be sworn to, but it must be signed by the applicant and must be corroborated by the statements of two persons.</P>
                <P>(b) <E T="03">Fees.</E> All applications must be accompanied by an application service fee of $10 which will not be returnable.</P>
                <P>(c) <E T="03">Time for filing.</E> Application to purchase a claim, along with the required proof or showing, must be filed within 5 years after the filing of notice of the claim.</P>
                <P>(d) <E T="03">Contents.</E> The application to enter must show:</P>
                <P>(1) That the land is actually used and occupied for the purpose of trade, manufacture or other productive industry when it was first so occupied, the character and value of the improvements thereon and the nature of the trade, business or productive industry conducted thereon and that it embraces the applicant's improvements and is needed in the prosecution of the enterprise. A site for a prospective business cannot be acquired under section 10 of the Act of May 14, 1898 (30 Stat. 413; 43 U.S.C. 687a).</P>
                <P>(2) That no portion of the land is occupied or reserved for any purpose by the United States or occupied or claimed by natives of Alaska; that the land is unoccupied, unimproved, and unappropriated by any person claiming the same other than the applicant.</P>
                <P>(3) That the land does not abut more than 80 rods of navigable water.</P>
                <P>(4) That the land is not included within an area which is reserved because of springs thereon. All facts relative to medicinal or other springs must be stated, in accordance with § 2311.2(a) of this chapter.</P>
                <P>(5) That no part of the land is valuable for mineral deposits other than coal, oil, or gas, and that at the date of location no part of the land was claimed under the mining laws.</P>
                <P>(e) <E T="03">Description of land.</E> If the land be surveyed, it must be described in the application according to legal subdivisions of the public-land surveys. If it be <PRTPAGE P="146"/>unsurveyed, the application must describe it by approximate latitude and longitude and otherwise with as much certainty as possible without survey.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2562.4</SECTNO>
                <SUBJECT>Survey.</SUBJECT>
                <P>(a) If the land applied for be unsurveyed and no objection to its survey is known to the authorizing officer, he will furnish the applicant with a certificate stating the facts, and, after receiving such certificate, the applicant may make application to the State Director for the survey of the land. Upon receipt of an application, the State Director will, if conditions make such procedure practicable and no objection is shown by his records, furnish the applicant with an estimate of the cost of field and office work, and upon receipt of the deposit required will issue appropriate instructions for the survey of the claim, such survey to be made not later than the next surveying season. The sum so deposited by the applicant for survey will be deemed an appropriation thereof and will be held to be expended in the payment of the cost of the survey, including field and office work, and upon the acceptance of the survey any excess over the cost shall be repaid to the depositor or his legal representative.</P>
                <P>(b) In case it is decided that by reason of the inaccessibility of the locality embraced in an application for the survey, or by reason of other conditions, it will result to the advantage of the Government or claimant to have the survey executed by a deputy surveyor, the State Director will deliver an order to the applicant for such survey, which will be sufficient authority for any deputy surveyor to make a survey of the claim.</P>
                <P>(c) In the latter contingency the survey must be made at the expense of the applicant, and no right will be recognized as initiated by such application unless actual work on the survey is begun and carried to completion without unnecessary delay.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2562.5</SECTNO>
                <SUBJECT>Publication and posting.</SUBJECT>
                <P>The instructions given in subpart 1824 of this chapter, relative to publication and posting.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2562.6</SECTNO>
                <SUBJECT>Form of entry.</SUBJECT>
                <P>Claims initiated by occupancy after survey must conform thereto in occupation and application, but if the public surveys are extended over the lands after occupancy and prior to application, the claim may be presented in conformity with such surveys, or, at the election of the applicant, a special survey may be had.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2562.7</SECTNO>
                <SUBJECT>Patent.</SUBJECT>
                <P>The application and proofs filed therewith will be carefully examined and, if all be found regular, the application will be allowed and patent issued upon payment for the land at the rate of $2.50 per acre, and in the absence of objections shown by his records.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2563—Homesites or Headquarters</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9599, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2563.0-2</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <P>(a) <E T="03">Act of March 3, 1927.</E> The purpose of this statute is to enable fishermen, trappers, traders, manufacturers, or others engaged in productive industry in Alaska to purchase small tracts of unreserved land in the State, not exceeding 5 acres, as homesteads or headquarters.</P>
                <P>(b)[Reserved]</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2563.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>

                <P>(a) The Act of March 3, 1927 (44 Stat. 1364; 43 U.S.C. 687a), as amended, authorizes the sale as a homestead or headquarters of not to exceed five acres of unreserved public lands in Alaska at the rate of $2.50 per acre, to any citizen of the United States 21 years of age employed by citizens of the United States, association of such citizens, or by corporations organized under the laws of the United States, or of any State or Territory, whose employer is engaged in trade, manufacture, or other productive industry in Alaska, and to any such person who is himself engaged in trade, manufacture or other productive industry in Alaska. The lands must be nonmineral in character except that lands that may be valuable for coal, <PRTPAGE P="147"/>oil, or gas deposits are subject to disposition under the provisions of the Act of March 8, 1922 (42 Stat. 415, 43 U.S.C. 270-11, 270-12), as amended.</P>
                <P>(b) The Act of May 26, 1934 (48 Stat. 809; 43 U.S.C. 687a) amended section 10 of the Act of May 14, 1898 (30 Stat. 413), as amended by the Act of March 3, 1927 (44 Stat. 1364), so as to provide that any citizen, after occupying land of the character described in said section of a homestead or headquarters, in a habitable house not less than 5 months each year for 3 years, may purchase such tract, not exceeding 5 acres, in a reasonably compact form, without a showing as to his employment or business, upon the payment of $2.50 per acre, the minimum payment for any one tract to be $10.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2563.0-7</SECTNO>
                <SUBJECT>Cross references.</SUBJECT>
                <P>See the following parts in this subchapter: for Indian and Eskimo allotments, part 2530; for mining claims, subpart 3826; for school indemnity selections, subpart 2627; for shore space, subpart 2094 for trade and manufacturing sites, subpart 2562.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2563.1</SECTNO>
                <SUBJECT>Purchase of tracts not exceeding 5 acres, on showing as to employment or business (Act of March 3, 1927).</SUBJECT>
                <P>(a) <E T="03">Notice of initiation of claim.</E> A notice of the initiation of a claim under the Act of March 3, 1927, must designate the kind of trade, manufacture, or other productive industry in connection with which the claim is maintained or desired, and identify its ownership. The procedure as to notices will be governed in other respects by the provisions of § 2563.2-1(a) to (d).</P>
                <P>(b)[Reserved]</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2563.1-1</SECTNO>
                <SUBJECT>Application.</SUBJECT>
                <P>(a) <E T="03">Form and contents of applications.</E> Applications under the Act of March 3, 1927, must be filed in duplicate in the proper office for the district in which the land is situated, and the claim must be in reasonably compact form. An application need not be under oath but must be signed by the applicant and corroborated by the statements of two persons and must show the following facts:</P>
                <P>(1) The age and citizenship of applicant.</P>
                <P>(2) The actual use and occupancy of the land for which application is made for a homestead or headquarters.</P>
                <P>(3) The date when the land was first occupied as a homestead or headquarters.</P>
                <P>(4) The nature of the trade, business, or productive industry in which applicant or his employer, whether a citizen, an association of citizens, or a corporation is engaged.</P>
                <P>(5) The location of the tract applied for with respect to the place of business and other facts demonstrating its adaptability to the purpose of a homestead or headquarters.</P>
                <P>(6) That no portion of the tract applied for is occupied or reserved for any purpose by the United States, or occupied or claimed by any natives of Alaska, or occupied as a town site or missionary station or reserved from sale, and that the tract does not include improvements made by or in possession of another person, association, or corporation.</P>
                <P>(7) That the land is not included within an area which is reserved because of springs thereon. All facts as to medicinal or other springs must be stated, in accordance with § 2311.2(a).</P>
                <P>(8) That no part of the land is valuable for mineral deposits other than coal, oil or gas, and that at the date of location no part of the land was claimed under the mining laws.</P>

                <P>(9) If the land desired for purchase is surveyed, the application must include a description of the tract by aliquot parts of legal subdivisions, not exceeding 5 acres. If the tract is situated in the fractional portion of a sectional lotting, the lot may be subdivided; where such subdivision, however, would result in narrow strips or other areas containing less than 2<FR>1/2</FR> acres, not suitable for disposal as separate units, such adjoining excess areas, in the discretion of the authorized officer and with the consent of the applicant, may be included with the tract applied for, without subdividing and the application will be amended accordingly. Where a supplemental plat is required, to provide a proper description, it will be prepared at the time of approval of the application.<PRTPAGE P="148"/>
                </P>
                <P>(10) If the land is unsurveyed, the application must be accompanied by a petition for survey, describing the tract applied for with as much certainty as possible, without actual survey, not exceeding 5 acres, and giving the approximate latitude and longitude of one corner of the claim.</P>
                <P>(b) <E T="03">Filing fee.</E> All applications must be accompanied by an application service fee of $10 which will not be returnable.</P>
                <P>(c) <E T="03">Time for filing application.</E> Application to purchase a claim, along with the required proof or showing, must be filed within 5 years after the filing of notice of the claim.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2563.1-2</SECTNO>
                <SUBJECT>Approval.</SUBJECT>
                <P>Care will be taken in all cases before patent issues to see that the lands applied for are used for the purposes contemplated by the said Act of March 3, 1927, and that they are not used for any purpose inconsistent therewith.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2563.2</SECTNO>
                <SUBJECT>Purchase of tracts not exceeding 5 acres, without showing as to employment or business (Act of May 26, 1934).</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2563.2-1</SECTNO>
                <SUBJECT>Procedures for initiating claim.</SUBJECT>
                <P>(a) <E T="03">Who must file.</E> Any qualified person initiating a claim under the Act of May 26, 1934, must file notice of the claim for recordation in the proper office for the district in which the land is situated, within 90 days after such initiation.</P>
                <P>(b) <E T="03">Form of notice.</E> The notice must be filed on a form approved by the Director in triplicate if the land is unsurveyed, or in duplicate if surveyed, and shall contain: (1) The name and address of the claimant, (2) age and citizenship, (3) date of settlement and occupancy, and (4) the description of the land by legal subdivisions, section, township and range, if surveyed, or, if unsurveyed, by metes and bounds with reference to some natural object or permanent monument, giving, if desired, the approximate latitude and longitude.</P>
                <P>(c) <E T="03">Failure to file notice.</E> Unless a notice of the claim is filed within the time prescribed in paragraph (a) of this section no credit shall be given for occupancy of the site prior to filing of notice in the proper office, or application to purchase, whichever is earlier.</P>
                <P>(d) <E T="03">Recording fee.</E> The notice of the claim must be accompanied by a remittance of $10.00, which will be applied as a service charge for recording the notice, and will not be returnable, except in cases where the notice is not acceptable to the proper office for recording because the land is not subject to the form of disposition specified in the notice.</P>
                <P>(e) <E T="03">Form and contents of application.</E> Applications under the Act of May 26, 1934, must be filed in duplicate, if for surveyed land, and in triplicate, if for unsurveyed land, in the proper office for the district within which the land is situated.</P>
                <FP>An application need not be under oath but must be signed by the applicant and corroborated by the statements of two persons and must show the following facts:</FP>
                <P>(1) Full name, post office address and age of applicant.</P>
                <P>(2) Whether the applicant is a native-born or naturalized citizen of the United States, and if naturalized, evidence of such naturalization must be furnished.</P>
                <P>(3) A description of the habitable house on the land, the date when it was placed on the land, and the dates each year from which and to which the applicant has resided in such house.</P>
                <P>(4) That no portion of the tract applied for is occupied or reserved for any purpose by the United States, or occupied or claimed by any native of Alaska, or occupied as a townsite, or missionary station, or reserved from sale, and that the tract does not include improvements made by or in the possession of any other person, association, or corporation.</P>
                <P>(5) That the land is not included within an area which is reserved because of hot, medicinal or other springs, as explained in § 2311.2(a) of this chapter. If there be any such springs upon or adjacent to the land, on account of which the land is reserved, the facts relative thereto must be set forth in full.</P>

                <P>(6) That no part of the land is valuable for mineral deposits other than coal, oil or gas, and that at the date of <PRTPAGE P="149"/>location no part of the land was claimed under the mining laws.</P>
                <P>(7) That the applicant has not theretofore applied for land under said act, or if he has previously purchased a tract he should make a full showing as to the former purchase and the necessity for the second application.</P>
                <P>(8) An application for surveyed land must describe the land by aliquot parts of legal subdivisions, not exceeding 5 acres. If the tract is situated in the fractional portion of a sectional lotting, the lot may be subdivided; where such subdivision, however, would result in narrow strips or other areas containing less than 2<FR>1/2</FR> acres, not suitable for disposal as separate units, such adjoining excess areas, in the discretion of the authorized officer and with the consent of the applicant, may be included with the tract applied for, without subdividing, and the application will be amended accordingly. Where a supplemental plat is required to provide a proper description, it will be prepared at the time of approval of the application.</P>
                <P>(9) All applications for unsurveyed land must be accompanied by a petition for survey, describing the land applied for with as much certainty as possible, without actual survey, not exceeding 5 acres, and giving the approximate latitude and longitude of one corner of the claim.</P>
                <P>(f) <E T="03">Filing fee.</E> All applications must be accompanied by an application service fee of $10 which will not be returnable.</P>
                <SECAUTH>(Sec. 10, 30 Stat. 413, as amended; 48 U.S.C. 461)</SECAUTH>
                
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2564—Native Townsites</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9601, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2564.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>The Act of May 25, 1926, (44 Stat. 629; 43 U.S.C. 733-736) provides for the townsite survey and disposition of public lands set apart or reserved for the benefit of Indian or Eskimo occupants in trustee townsites in Alaska and for the survey and disposal of the lands occupied as native towns or villages. The Act of February 26, 1948 (62 Stat. 35; 43 U.S.C. 737), provides for the issuance of an unrestricted deed to any competent native for a tract of land claimed and occupied by him within any such trustee townsite.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2564.0-4</SECTNO>
                <SUBJECT>Responsibility.</SUBJECT>
                <P>(a) <E T="03">Administration of Indian possessions in trustee towns.</E> As to Indian possessions in trustee townsites in Alaska established under authority of section 11 of the Act of March 3, 1891 (26 Stat. 1009; 43 U.S.C. 732), and for which the townsite trustee has closed his accounts and been discharged as trustee, and as to such possessions in other trustee townsites in Alaska, such person as may be designated by the Secretary of the Interior will perform all necessary acts and administer the necessary trusts in connection with the Act of May 25, 1926.</P>
                <P>(b) <E T="03">Administration of native towns.</E> The trustee for any and all native towns in Alaska which may be established and surveyed under authority of section 3 of the said Act of May 25, 1926 (44 Stat. 630; 43 U.S.C. 735), will take such action as may be necessary to accomplish the objects sought to be accomplished by that section.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2564.1</SECTNO>
                <SUBJECT>Application for restricted deed.</SUBJECT>
                <P>A native Indian or Eskimo of Alaska who occupies and claims a tract of land in a trustee townsite and who desires to obtain a restricted deed for such tract should file application therefor on a form approved by the Director, with the townsite trustee.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2564.2</SECTNO>
                <SUBJECT>No payment, publication or proof required on entry for native towns.</SUBJECT>
                <P>In connection with the entry of lands as a native town or village under section 3 of the said Act of May 25, 1926, no payment need be made as purchase money or as fees, and the publication and proof which are ordinarily required in connection with trustee townsites will not be required.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2564.3</SECTNO>
                <SUBJECT>Native towns occupied partly by white occupants.</SUBJECT>

                <P>Native towns which are occupied partly by white lot occupants will be surveyed and disposed of under the provisions of both the Act of March 3, 1891 <PRTPAGE P="150"/>(26 Stat. 1095, 1099), and the Act of May 25, 1926 (44 Stat. 629).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2564.4</SECTNO>
                <SUBJECT>Provisions to be inserted in restricted deeds.</SUBJECT>
                <P>The townsite trustee will note a proper reference to the Act of May 25, 1926, on each deed which is issued under authority of that act and each such deed shall provide that the title conveyed is inalienable except upon approval of the Secretary of the Interior or his authorized representative, and that the issuance of the restricted deed does not subject the tract to taxation, to levy and sale in satisfaction of the debts, contracts or liabilities of the transferee, or to any claims of adverse occupancy or law of prescription; also, if the established streets and alleys of the townsite have been extended upon and across the tract, that there is reserved to the townsite the area covered by such streets and alleys as extended. The deed shall further provide that the approval by the Secretary of the Interior or his authorized representative of a sale by the Indian or Eskimo transferee shall vest in the purchaser a complete and unrestricted title from the date of such approval.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2564.5</SECTNO>
                <SUBJECT>Sale of land for which restricted deed was issued.</SUBJECT>
                <P>When a native possessing a restricted deed for land in a trustee townsite issued under authority of the Act of May 25, 1926 (44 Stat. 629; 43 U.S.C. 733-736), desires to sell the land, he should execute a deed on a form approved by the Director, prepared for the approval of the Secretary of the Interior, or his authorized representative, and send it to the townsite trustee in Alaska. The townsite trustee will forward the deed to the Area Director of the Bureau of Indian Affairs who will determine whether it should be approved. Where the deed is approved it shall be returned by the Area Director, Bureau of Indian Affairs, through the townsite trustee to the vendor. In the event the Area Director determines that the deed shall not be approved, he shall so inform the native possessing the restricted deed, who shall have a right of appeal from such finding or decision to the Commissioner of Indian Affairs within sixty days from the date of notification of such finding or decision. The appeal shall be filed with the Area Director. Should the Commissioner uphold the decision of the Area Director, he shall notify the applicant of such action, informing him of his right of appeal to the Secretary of the Interior.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2564.6</SECTNO>
                <SUBJECT>Application for unrestricted deed.</SUBJECT>
                <P>Any Alaska native who claims and occupies a tract of land in a trustee townsite and is the owner of land under a restricted deed issued under the Act of May 25, 1926 (44 Stat. 629; 43 U.S.C. 732-737) may file an application for an unrestricted deed pursuant to the Act of February 26, 1948 (62 Stat. 35; 43 U.S.C. 732-737), with the townsite trustee. The application must be in writing and must contain a description of the land claimed and information regarding the competency of the applicant. It must also contain evidence substantiating the claim and occupancy of the applicant, except when the applicant has been issued a restricted deed for the land. A duplicate copy of the application must be submitted by the applicant to the Area Director of the Bureau of Indian Affairs.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2564.7</SECTNO>
                <SUBJECT>Determination of competency or noncompetency; issuance of unrestricted deed.</SUBJECT>
                <P>(a) Upon a determination by the Bureau of Indian Affairs that the applicant is competent to manage his own affairs, and in the absence of any conflict or other valid objection, the townsite trustee will issue an unrestricted deed to the applicant. Thereafter all restrictions as to sale, encumbrance, or taxation of the land applied for shall be removed, but the said land shall not be liable to the satisfaction of any debt, except obligations owed to the Federal Government, contracted prior to the issuance of such deed. Any adverse action under this section by the townsite trustee shall be subject to appeal to the Board of Land Appeals, Office of the Secretary, in accordance with part 4 of 43 CFR Subtitle A.</P>

                <P>(b) In the event the Area Director determines that the applicant is not competent to manage his own affairs, he shall so inform the applicant, and such applicant shall have a right of appeal <PRTPAGE P="151"/>from such finding or decision to the Commissioner of Indian Affairs, within 60 days from the date of notification of such finding or decision. The appeal shall be filed with the Area Director. Should the Commissioner uphold the decision of the Area Director, he shall notify the applicant of such action, informing him of his right of appeal to the Secretary of the Interior.</P>

                <P>(c) Except as provided in this section, the townsite trustee shall not issue other than restricted deeds to Indian or other Alaska natives.
                </P>
                <SECAUTH>(43 U.S.C. 733-735, 737)</SECAUTH>
                <CITA>[35 FR 9601, June 13, 1970, as amended at 41 FR 29122, July 15, 1976]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2565—Non-native Townsites</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9601, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2565.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>The entry of public lands in Alaska for townsite purposes, by such trustee or trustees as may be named by the Secretary of the Interior for that purpose, is authorized by section 11 of the Act of March 3, 1891 (sec. 11, 26 Stat. 1099; 43 U.S.C. 732).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2565.0-7</SECTNO>
                <SUBJECT>Cross reference.</SUBJECT>
                <P>Townsites in Alaska may be reserved by the President and sold as provided for in sections 2380 and 2381 of the Revised Statutes; 43 U.S.C. 711, 712. The regulations governing these townsites are contained in §§ 2760.0-3 and 2761.3.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2565.1</SECTNO>
                <SUBJECT>General requirements.</SUBJECT>
                <P>(a) <E T="03">Survey of exterior lines; exclusions from townsite survey.</E> If the land is unsurveyed the occupants must by application to the State Director, obtain a survey of the exterior lines of the townsite which will be made at Government expense. There must be excluded from the tract to be surveyed and entered for the townsite any lands set aside by the district court under section 31 of the Act of June 6, 1900 (31 Stat. 332; 48 U.S.C. 40), for use as jail and courthouse sites, also all lands needed for Government purposes or use, together with any existing valid claim initiated under Russian rule.</P>
                <P>(b) <E T="03">Petition for trustee and for survey of lands into lots, blocks, etc.</E> When the survey of the exterior lines has been approved, or if the townsite is on surveyed land, a petition, signed by a majority of occupants of the land, will be filed in the proper office requesting the appointment of trustee and the survey of the townsite into lots, blocks, and municipal reservations for public use, the expense thereof to be paid from assessments upon the lots, as provided in § 2565.3(b) of this part.</P>
                <P>(c) <E T="03">Designation of trustee; payment required: area enterable.</E> If the petition be found sufficient, the Secretary of the Interior will designate a trustee to make entry of the townsite, payment for which must be made at the rate of $1.25 per acre. If there are less than 100 inhabitants the area of the townsite is limited to 160 acres; if 100 and less than 200, to 320 acres; if more than 200, to 640 acres, this being the maximum area allowed by the statute.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2565.2</SECTNO>
                <SUBJECT>Application; fees; contests and protests.</SUBJECT>
                <P>(a) <E T="03">Filing of application; publication and posting; submission of proof.</E> The trustee will file his application and notice of intention to make proof, and thereupon the authorizing officer will issue the usual notice of making proof, to be posted and published at the trustee's expense, for the time and in the manner as in other cases provided, and proof must be made showing occupancy of the tract, number of inhabitants thereon, character of the land, extent, value, and character of improvements, and that the townsite does not contain any land occupied by the United States for school or other purposes or land occupied under any existing valid claim initiated under Russian rule.</P>
                <P>(b) <E T="03">Application service fee.</E> The trustee's application shall be accompanied by $10 application service fee which shall not be returnable.</P>
                <P>(c) <E T="03">Expense money to be advanced by lot occupants.</E> The occupants will advance a sufficient amount of money to pay for the land and the expenses incident to the entry to be refunded to them when realized from lot assessments.<PRTPAGE P="152"/>
                </P>
                <P>(d) <E T="03">Contests and protests.</E> Applications for entry will be subject to contest or protest as in other cases.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2565.3</SECTNO>
                <SUBJECT>Subdivision.</SUBJECT>
                <P>(a) <E T="03">Subdivision of land and payment therefore.</E> After the entry is made, the townsite will be subdivided by the United States into blocks, lots, streets, alleys, and municipal public reservations. The expense of such survey will be paid from the appropriation for surveys in Alaska reimbursable from the lot assessments collected.</P>
                <P>(b) <E T="03">Lot assessments.</E> The trustee will assess against each lot, according to area, its share of the cost of the subdivisional survey. The trustee will make a valuation of each occupied or improved lot in the townsite and assess upon such lots, according to their value, such rate and sum in addition to the cost of their share of the survey as will be necessary to pay all other expenses incident to the execution of his trust which have accrued up to the time of such levy. More than one assessment may be made if necessary to effect the purpose of the Act of March 3, 1891, and this section.</P>
                <P>(c) <E T="03">Award and disposition of lots after subdivisional survey.</E> On the acceptance of the plat by the Bureau of Land Management, the trustee will publish a notice that he will, at the end of 30 days from the date thereof, proceed to award the lots applied for, and that all lots for which no applications are filed within 120 days from the date of said notice will be subject to disposition to the highest bidder at public sale. Only those who were occupants of lots or entitled to such occupancy at the date of the approval of final subdivisional townsite survey or their assigns thereafter, are entitled to the allotments herein provided. Minority and coverture are not disabilities.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2565.4</SECTNO>
                <SUBJECT>Deeds.</SUBJECT>
                <P>(a) <E T="03">Applications for deeds.</E> Claimants should file their applications for deeds, setting forth the grounds of their claims for each lot applied for, which should be corroborated by two witnesses.</P>
                <P>(b) <E T="03">Issuance of deeds; procedure on conflicting applications.</E> (1) Upon receipt of the patent and payment of the assessments the trustee will issue deeds for the lots. The deeds will be acknowledged before an officer duly authorized to take acknowledgements of deeds at the cost of the grantee. In case of conflicting applications for lots, the trustee, if he considers it necessary, may order a hearing to be conducted in accordance with the part 1850 of this chapter.</P>
                <P>(2) No deed will be issued for any lot involved in a contest until the case has been finally closed. Appeals from any decision of the trustee or from decisions of the Bureau of Land Management may be taken in the manner provided by part 1840 of this chapter.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2565.5</SECTNO>
                <SUBJECT>Sale of the land.</SUBJECT>
                <P>(a) <E T="03">Public sale of unclaimed lots.</E> After deeds have been issued to the parties entitled thereto the trustee will publish or post notice that he will sell, at a designated place in the town and at a time named, to be not less than 30 days from date, at public outcry, for cash, to the highest bidder, all lots and tracts remaining unoccupied and unclaimed at the date of the approval of final subdivisional townsite survey, and all lots and tracts claimed and awarded on which the assessments have not been paid at the date of such sale. The notice shall contain a description of the lots and tracts to be sold, made in two separate lists, one containing the lots and tracts unclaimed at the date of the approval of final subdivisional townsite survey and the other the lots and tracts claimed and awarded on which the assessments have not been paid. Should any delinquent allottee, prior to the sale of the lot claimed by him, pay the assessments thereon, together with the pro rata cost of the publication and the cost of acknowledging deed, a deed will be issued to him for such lot, and the lot will not be offered at public sale. Where notice by publication is deemed advisable the notice will be published once a week for 5 consecutive weeks in accordance with § 1824.3 of this chapter prior to the date of sale, and in any event copies of such notice shall be posted in three conspicuous places within the townsite. Each lot <PRTPAGE P="153"/>must be sold at a fair price, to be determined by the trustee, and he is authorized to reject any and all bids. Lots remaining unsold at the close of the public sale in an unincorporated town may again be offered at a fair price if a sufficient demand appears therefor.</P>
                <P>(b) <E T="03">Sales to Federal, State and local governmental agencies.</E> (1) Any lot or tract in the townsite which is subject to sale to the highest bidder by the trustee pursuant to this section may in lieu of disposition at public sale be sold by the trustee at a fair value to be fixed by him to any Federal or State agency or instrumentality or to any local governmental agency or instrumentality of the State for use for public purposes.</P>
                <P>(2) All conveyances under this section shall be subject to such conditions, limitations, or stipulations as the trustee shall determine are necessary or appropriate in the circumstances, including, where he deems proper, a provision for reversion of title to the trustee or his successor in interest. Any such provision for reversion of title, however, shall by its terms cease to be in effect 25 years after the conveyance.</P>
                <P>(3) Conveyances under this section for lands within any incorporated city, town, village, or municipality may be made only after the proposed conveyance has received the approval of the city, town, or village council, or of the local official designated by such council. Such conveyances for lands within any unincorporated city, town, village or municipality may be made only after notice of the proposed conveyance, together with the opportunity to be heard, has been given by the proposed grantee to the residents or occupants thereof in accordance with the requirements for such notice in the case of the public sale of unclaimed lots in a trustee townsite. Any decision of the trustee which is adverse to a protest will be subject to the right of appeal under part 1840 of this chapter. Upon filing of an appeal pursuant to that part, action by the trustee on the conveyance will be suspended pending final decision on the appeal.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2565.6</SECTNO>
                <SUBJECT>Rights-of-way.</SUBJECT>
                <P>(a) Notwithstanding any other provisions of this part, the trustee is authorized to grant rights-of-way for public purposes across any unentered lands within the townsite. This authority is expressly limited to grants of rights-of-way to cities, towns, villages, and municipalities, and to school, utility, and other types of improvement districts, and to persons, associations, companies, and corporations engaged in furnishing utility services to the general public, and to the United States, any Federal or State agency or instrumentality for use for public purposes.</P>
                <P>(b) The trustee may in his discretion fix a reasonable charge for any grant under this authority to private persons, associations, companies and corporations, and to Federal and State agencies and instrumentalities, which charge shall be a lump sum. All grants shall be subject to such conditions, limitations, or stipulations as the trustee shall determine are necessary or appropriate in the circumstances. No grants of rights-of-way under this authority shall be made across or upon lands on which prior rights of occupancy or entry have vested under the law.</P>

                <P>(c) Grants of rights-of-way under this section to Federal and State agencies and instrumentalities to private persons, associations, companies, or corporations affecting lands within any incorporated city, town, village, or municipality, may be made only after the proposed grant has received the approval of the city, town, or village council, or, where applicable, the municipal board or commission having authority under state law to approve rights-of-way for local public utility purposes. Grants of such rights-of-way to Federal and State agencies and instrumentalities and to private persons, associations, companies, or corporations within unincorporated cities, towns, villages, or municipalities may be made only after notice of the proposed grant, together with the opportunity to be heard, has been given by the proposed grantee to the residents or occupants thereof in accordance with the requirements for such notice in the case of the public sale of unclaimed lots in a trustee townsite. Any <PRTPAGE P="154"/>decision by the trustee which is adverse to a protest will be subject to the right of appeal under part 1840 of this chapter. Upon the filing of an appeal, action by the trustee on the application for right-of-way will be suspended pending final decision on the appeal.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2565.7</SECTNO>
                <SUBJECT>Final report of trustee; disposition of unexpended moneys and unsold lots.</SUBJECT>
                <P>After the disposal of a sufficient number of lots to pay all expenses incident to the execution of the trust, including the cost of the subdivisional survey, the trustee will make and transmit to the Bureau of Land Management his final report of his trusteeship, showing all amounts received and paid out and the balance remaining on hand derived from assessments upon the lots and from the public sale. The proceeds derived from such sources, after deducting all expenses, may be used by the trustee on direction of the Secretary of the Interior, where the town is unincorporated, in making public improvements, or, if the town is incorporated such remaining proceeds may be turned over to the municipality for the use and benefit thereof. After the public sale and upon proof of the incorporation of the town, all lots then remaining unsold will be deeded to the municipality, and all municipal public reserves will, by a separate deed, be conveyed to the municipality in trust for the public purposes for which they were reserved.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2565.8</SECTNO>
                <SUBJECT>Records to be kept by trustee.</SUBJECT>
                <P>The trustee shall keep a tract book of the lots and blocks, a record of the deeds issued, a contest docket, and a book of receipts and disbursements.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2565.9</SECTNO>
                <SUBJECT>Disposition of records on completion of trust.</SUBJECT>

                <P>The trustee's duties having been completed, the books of accounts of all his receipts and expenditures, together with a record of his proceedings as provided in § 2565.8 of this part with all papers, other books, and everything pertaining to such townsite in his possession and all evidence of his official acts shall be transmitted to the Bureau of Land Management to become a part of the records thereof, excepting from such papers, however, in case the town is incorporated, the subdivisional plat of the townsite, which he will deliver to the municipal authorities of the town, together with a copy of the townsite tract book or books, taking a receipt therefore to be transmitted to the Bureau of Land Management.
                </P>
                <SECAUTH>(Sec. 11, 26 Stat. 1099; 48 U.S.C. 355)</SECAUTH>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2566—Alaska Railroad Townsites</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9603, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2566.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>It is hereby ordered that the administration of that portion of the Act of March 12, 1914 (38 Stat. 305; 43 U.S.C. 975, 975a-975g) relating to the withdrawal, location and disposition of townsites shall be in accordance with the following regulations and provisions.</P>
                <P>(a) <E T="03">Orders revoked.</E> All Executive orders heretofore issued for the disposition of townsites along the Government railroads in Alaska are hereby revoked so far as they conflict with §§ 2566.1 and 2566.2. This order is intended to take the place of all other orders making provisions for the sale and disposal of lots in said townsites along Government railroads in Alaska under the provisions of said Act.</P>
                <P>(b) <E T="03">Amendments</E>—(1) <E T="03">Executive Orders 3529 and 5136.</E> Sections 2566.1 and 2566.2 are amended by E.O. 3529, Aug. 9, 1921 and E.O. 5136, June 12, 1929.</P>
                <P>(2) The designation of the <E T="03">Alaskan Engineering Commission</E> has been changed to <E T="03">The Alaska Railroad.</E> All matters which formerly were under the control of the chairman of said commission now are under the supervision of the general manager of the said railroad. The functions formerly exercised by the Commissioner of the General Land Office have been transferred to the Director, Bureau of Land Management.</P>

                <P>(3) Due to the change in organization, plats of Alaska Railroad townsites are not approved by an official of the Alaska Railroad.<PRTPAGE P="155"/>
                </P>
                <P>(4) The State Director in Alaska has been designated as Superintendent of Sales of Alaska Railroad townsites.</P>
                <P>(c) <E T="03">Executive Order 5136.</E> (1) It is ordered that Executive Order 3489, issued June 10, 1921, containing the Alaska Railroad Townsite Regulations, is hereby amended to authorize the Secretary of the Interior to reappraise and sell the unimproved lots in Nenana Townsite, Alaska, belonging to the United States, and to readjust the assessments levied against them for the improvement of streets, sidewalks, and alleys, and for the promotion of sanitation and fire protection by the Alaska Railroad prior to August 31, 1921.</P>
                <P>(2) As to the lots within said townsite which have been forfeited for failure to pay such assessments, upon which valuable improvements have been placed, the provisions of said order regarding the collection of the unpaid assessments remain effective.</P>

                <P>(3) This order shall continue in full force and effect unless and until revoked by the President or by Act of Congress.
                </P>
                <SECAUTH>(Sec. 24, 26 Stat. 1103; as amended, sec. 1, 36 Stat. 347; sec. 1, 38 Stat. 305; sec. 11, 39 Stat. 865; 16 U.S.C. 471, 43 U.S.C. 141, 43 U.S.C. 975f, 43 U.S.C. 301)</SECAUTH>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2566.0-7</SECTNO>
                <SUBJECT>Cross references.</SUBJECT>
                <P>(a) Sales of railroad townsites in Alaska, provided for by Executive Order 3489 of June 10, 1921, §§ 2566.1(a) to (f) and 2566.0-3(a), will be made by the authorized officer in Alaska, as superintendent of sales of railroad townsites in accordance with townsite regulations contained in §§ 2760.0-3 to 2761.2(e) so far as those regulations are applicable.</P>
                <P>(b) For surveys, Alaska, see part 9180 of this chapter. For townsites, Alaska, see § 2565.0-7.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2566.1</SECTNO>
                <SUBJECT>General procedures.</SUBJECT>
                <P>(a) <E T="03">Reservations.</E> The Alaska Railroad will file with the Secretary of the Interior, when deemed necessary, its recommendations for the reservation of such areas as in its opinion may be needed for townsite purposes. The Secretary of the Interior will thereupon transmit such recommendations to the President with his objections thereto or concurrence therewith. If approved by the President, the reservation will be made by Executive order.</P>
                <P>(b) <E T="03">Survey.</E> When in the opinion of the Secretary of the Interior the public interests require a survey of any such reservation, he shall cause to be set aside such portions thereof for railroad purposes as may be selected by the Alaska Railroad, and cause the remainder, or any part thereof, to be surveyed into urban or suburban blocks and lots of suitable size, and into reservations for parks, schools, and other public purposes and for Government use. Highways should be laid out, where practicable, along all shore lines, and sufficient land for docks and wharf purposes along such shore lines should be reserved in such places as there is any apparent necessity therefor. The survey will be made under the supervision of the Bureau of Land Management.</P>
                <P>(c) <E T="03">Preference right.</E> Any person residing in a reserved townsite at the time of the subdivisional survey thereof in the field and owning and having valuable and permanent improvements thereon, may, in the discretion of the Secretary of the Interior, be granted a preference right of entry, of not exceeding two lots on which he may have such improvements by paying the appraised price fixed by the superintendent of sale, under such regulations as the Secretary of the Interior may prescribe. Preference right proof and entry, when granted, must be made prior to the date of the public sale.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2566.2</SECTNO>
                <SUBJECT>Public sale.</SUBJECT>
                <P>(a) <E T="03">Generally.</E> The unreserved and unsold lots will be offered at public sale to the highest bidder at such time and place, and after such publication of notice, if any, as the Secretary of the Interior may direct.</P>
                <P>(b) <E T="03">Superintendent's authority.</E> Under the supervision of the Secretary of the Interior the superintendent of the sale will be, and he is hereby, authorized to make all appraisements of lots and at any time to reappraise any lot which in his judgment is not appraised at the proper amount, or to fix a minimum price for any lot below which it may not be sold, and he may adjourn, or postpone the sale of any lots to such time and place as he may deem proper.<PRTPAGE P="156"/>
                </P>
                <P>(c) <E T="03">Manner and terms of public sale.</E> (1) The Secretary of the Interior shall by regulations prescribe the manner of conducting the public sale, the terms thereof and forms therefor and he may prescribe what failures in payment will subject the bidder or purchaser to a forfeiture of his bid or right to the lot claimed and money paid thereon. The superintendent of sale will at the completion of the public sale deposit with the receiver of the proper local land office the money received and file with its officers the papers deposited with him by said bidder, together with his certificate as to successful bidder.</P>
                <P>(2) If it be deemed advisable, the Director, Bureau of Land Management may direct the receiver of public moneys of the proper district to attend sales herein provided for in which event the cash payment required shall be paid to the said receiver.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2568—Alaska Native Allotments For Certain Veterans </HD>
              <SOURCE>
                <HD SOURCE="HED">Source:</HD>
                <P>65 FR 40961, June 30, 2000, unless otherwise noted.</P>
              </SOURCE>
              <SUBJGRP>
                <HD SOURCE="HED">Purpose</HD>
                <SECTION>
                  <SECTNO>§ 2568.10</SECTNO>
                  <SUBJECT>What Alaska Native allotment benefits are available to certain Alaska Native veterans?</SUBJECT>
                  <P>Eligible Alaska Native veterans may receive an allotment of one or two parcels of Federal land in Alaska totaling no more than 160 acres.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Regulatory Authority</HD>
                <SECTION>
                  <SECTNO>§ 2568.20</SECTNO>
                  <SUBJECT>What is the legal authority for these allotments?</SUBJECT>

                  <P>(a) The Alaska Native Claims Settlement Act, 43 U.S.C. 1601 <E T="03">et seq.</E> (ANCSA), as amended.</P>
                  <P>(b) Section 432 of Public Law 105-276, the Appropriations Act for the Departments of Veterans Affairs and Housing and Urban Development for fiscal year 1999, which amended ANCSA by adding section 41.</P>
                  <P>(c) The Native Allotment Act of 1906, 34 Stat. 197, as amended, 42 Stat. 415 and 70 Stat. 954, 43 U.S.C. 270-1 through 270-3 (1970).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.21</SECTNO>
                  <SUBJECT>Do other regulations directly apply to these regulations?</SUBJECT>
                  <P>Yes. The regulations implementing the Native Allotment Act of 1906, 43 CFR Subpart 2561, also apply to Alaska Native Veteran Allotments to the extent they are not inconsistent with section 41 of ANCSA or other provisions in this Subpart.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Definitions</HD>
                <SECTION>
                  <SECTNO>§ 2568.30</SECTNO>
                  <SUBJECT>What terms do I need to know to understand these regulations?</SUBJECT>
                  <P>
                    <E T="03">Alaska Native</E> is defined in the Native Allotment Act of 1906 as amended by the Act of August 2, 1956, 70 Stat. 954.</P>
                  <P>
                    <E T="03">Allotment</E> has the same meaning as in 43 CFR 2561.0-5(b).</P>
                  <P>
                    <E T="03">Conservation System Unit</E> has the same meaning as under Sec. 102(4) of the Alaska National Interest Lands Conservation Act of December 2, 1980, 16 U.S.C. 3102(4).</P>
                  <P>
                    <E T="03">Consistent and inconsistent</E> mean compatible and incompatible, respectively, in accordance with the guidelines in these regulations in §§ 2568.102 through 2568.106.</P>
                  <P>
                    <E T="03">Veteran</E> has the same meaning as in 38 U.S.C. 101, paragraph 2.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Information Collection</HD>
                <SECTION>
                  <SECTNO>§ 2568.40</SECTNO>
                  <SUBJECT>Does BLM have the authority to ask me for the information required in these regulations?</SUBJECT>
                  <P>(a) Yes. The Office of Management and Budget has approved, under 44 U.S.C. 3507, the information collection requirements contained in Subpart 2568 and has assigned them clearance number 1004-0191 for Form AK-2561-10. BLM uses this information to determine if using the public lands is appropriate. You must respond to obtain a benefit.</P>
                  <P>(b) BLM estimates that the public reporting burden for this information is as follows: 28 hours per response to fill out form AK-2561-10. These estimates include the time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed and completing the collection of information.</P>

                  <P>(c) Send comments regarding this burden estimate or any other aspect of this collection to the Information Collection Clearance Officer, Bureau of <PRTPAGE P="157"/>Land Management, 1849 C St. N.W., Mail Stop 401 LS, Washington, D.C. 20240.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Who Is Qualified for an Allotment</HD>
                <SECTION>
                  <SECTNO>§ 2568.50</SECTNO>
                  <SUBJECT>What qualifications do I need to be eligible for an allotment?</SUBJECT>
                  <P>To qualify for an allotment you must:</P>
                  <P>(a) Have been eligible for an allotment under the Native Allotment Act as it was in effect before December 18, 1971; and</P>
                  <P>(b) Establish that you used land in accordance with the regulation in effect before December 18, 1971, and that the land is still owned by the Federal government; and</P>
                  <P>(c) Be a veteran who served at least six months between January 1, 1969, and June 2, 1971, or enlisted or was drafted after June 2, 1971, but before December 3, 1971; and</P>
                  <P>(d) Not have already received conveyance or approval of an allotment. (However, if you are otherwise qualified to receive an allotment under the Alaska Native Veterans Allotment Act, you will still qualify even if you received another allotment interest by inheritance, devise, gift, or purchase); and</P>
                  <P>(e) Not have a Native allotment application pending on October 21, 1998; and</P>
                  <P>(f) Reside in the State of Alaska or, in the case of a deceased veteran, have been a resident of Alaska at the time of death.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Personal Representatives</HD>
                <SECTION>
                  <SECTNO>§ 2568.60</SECTNO>
                  <SUBJECT>May the personal representatives of eligible deceased veterans apply on their behalf?</SUBJECT>
                  <P>Yes. The personal representative may apply for an allotment, for the benefit of the deceased veteran's heirs, if, between January 1, 1969, and December 31, 1971, the deceased veteran:</P>
                  <P>(a) Was killed in action,</P>
                  <P>(b) Was wounded in action and later died as a direct consequence of that wound, as determined and certified by the Department of Veterans Affairs, or </P>
                  <P>(c) Died while a prisoner of war.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.61</SECTNO>
                  <SUBJECT>What are the requirements for a personal representative?</SUBJECT>
                  <P>The person filing the application must present proof of a current appointment as personal representative of the estate of the deceased veteran by the proper court, or proof that this appointment process has begun.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.62</SECTNO>
                  <SUBJECT>Under what circumstances does BLM accept the appointment of a personal representative?</SUBJECT>
                  <P>BLM will accept an appointment of personal representative made any time after an eligible person dies, even if that appointment came before enactment of the Alaska Native Veterans Allotment Act.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.63</SECTNO>
                  <SUBJECT>Under what circumstances does BLM reject the appointment of a personal representative?</SUBJECT>
                  <P>If the appointment process is incomplete at the time of allotment application filing, the prospective personal representative must file the proof of appointment with BLM within 18 months after the application filing deadline or BLM will reject the application.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.64</SECTNO>
                  <SUBJECT>Are there different requirements for giving an allotment to the estate of a deceased veteran?</SUBJECT>
                  <P>No, the estate of the deceased veteran eligible under § 2568.60 must meet the same requirements for a Native allotment as other living Alaska Native veterans. In addition, a deceased veteran must have been a resident of Alaska at the time of death.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Applying for an Allotment</HD>
                <SECTION>
                  <SECTNO>§ 2568.70</SECTNO>
                  <SUBJECT>If I am qualified for an allotment, when can I apply?</SUBJECT>
                  <P>If you are qualified, you can apply between July 31, 2000 and January 31, 2002.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.71</SECTNO>
                  <SUBJECT>Where do I file my application?</SUBJECT>
                  <P>You must file your application in person or by mail with the BLM Alaska State Office in Anchorage, Alaska.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="158"/>
                  <SECTNO>§ 2568.72</SECTNO>
                  <SUBJECT>When does BLM consider my application to be filed too late?</SUBJECT>
                  <P>BLM will consider applications to be filed too late if they are:</P>
                  <P>(a) Submitted in person after the deadline in section 2568.70, or</P>
                  <P>(b) Postmarked after the deadline in section 2568.70.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.73</SECTNO>
                  <SUBJECT>Do I need to fill out a special application form?</SUBJECT>
                  <P>Yes. You must complete form no. AK-2561-10, “Alaska Native Veteran Allotment Application.”</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.74</SECTNO>
                  <SUBJECT>What else must I file with my application?</SUBJECT>
                  <P>You must also file:</P>
                  <P>(a) A Certificate of Indian Blood (CIB), which is a Bureau of Indian Affairs form,</P>
                  <P>(b) A DD Form 214 “Certificate of Release or Discharge from Active Duty” or other documentation from the Department of Defense (DOD) to verify military service, as well as any information on cause of death supplied by the Department of Veterans Affairs,</P>
                  <P>(c) A map at a scale of 1:63,360 or larger, sufficient to locate on-the-ground the land for which you are applying, and</P>
                  <P>(d) A legal description of the land for which you are applying. If there is a discrepancy between the map and the legal description, the map will control. The map must be sufficient to allow BLM to locate the parcel on the ground. If there is a discrepancy between the map or legal description and the location of the parcel on the ground, the location as posted on the ground will control. You must also estimate the number of acres in each parcel.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.75</SECTNO>
                  <SUBJECT>Must I include a Certificate of Indian Blood as well as a Department of Defense verification of qualifying military service when I file my application with BLM?</SUBJECT>
                  <P>Yes.</P>
                  <P>(a) If the CIB or DOD verification of qualifying military service is missing when you file the application, BLM will ask you to provide the information within the time specified in a notice. BLM will not process the application until you file the necessary documents but will consider the application as having been filed on time.</P>
                  <P>(b) A personal representative filing on behalf of the estate of a deceased veteran must file the Department of Veterans Affairs verification of cause of death.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.76</SECTNO>
                  <SUBJECT>Do I need to pay any fees when I file my application?</SUBJECT>
                  <P>No. You do not need to pay a fee to file an application.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.77</SECTNO>
                  <SUBJECT>Do I have to post, on-the-ground, the land in my application?</SUBJECT>
                  <P>(a) Yes. Before you file your application you must post the land by marking all corners on the ground with your name and address.</P>
                  <P>(b) On land within a CSU, you must get a free special use permit from the CSU manager before you erect any signs or markers. The CSU manager may establish in the permit a maximum size of any signs or markers. If the CSU manager later decides under section 2568.104 that your allotment is not consistent with the CSU, you must promptly remove the signs or markers unless the CSU manager waives this requirement in the special use permit.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.78</SECTNO>
                  <SUBJECT>Will my application segregate the land for which I am applying from other applications or land actions?</SUBJECT>
                  <P>The filing of an application with a sufficient description to identify the lands will segregate those lands. “Segregation” has the same meaning as in 43 CFR 2091.0-5(b).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.79</SECTNO>
                  <SUBJECT>Are there any rules about the number and size of parcels?</SUBJECT>
                  <P>Yes. You may apply for one or two parcels, but if you apply for two parcels the two combined cannot total more than 160 acres. You may apply for less than 160 acres. Each parcel must be reasonably compact.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.80</SECTNO>
                  <SUBJECT>Does the parcel have to be surveyed before I can receive title to it? </SUBJECT>

                  <P>Yes. The land in your application must be surveyed before BLM can convey it to you. BLM will survey your allotment at no charge to you, or you may obtain a private survey. BLM <PRTPAGE P="159"/>must approve the survey if it is done by a private surveyor.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.81</SECTNO>
                  <SUBJECT>If BLM finds errors in my application, will BLM give me a chance to correct them?</SUBJECT>
                  <P>Yes. If you file your application during the 18-month filing period and BLM finds correctable errors, it will consider the application as having been filed on time once you correct them. BLM will send you a notice advising you of any correctable errors and give you at least 60 days to correct them. You must make corrections within the specified time or BLM will reject your application.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.82</SECTNO>
                  <SUBJECT>If BLM decides that I have not submitted enough information to show qualifying use and occupancy, will it reject my application or give me a chance to submit more information?</SUBJECT>
                  <P>(a) BLM will not reject your application without giving you an opportunity for a hearing to establish the facts of your use.</P>
                  <P>(b) If BLM cannot determine from the information you submit that you met the use and occupancy requirements of the 1906 Act, it will send you a notice saying that you have not submitted enough evidence and will give you at least 60 days to file additional information.</P>
                  <P>(c) If you do not submit additional evidence by the end of the time BLM gives you or if you submit additional evidence but BLM still cannot determine that you meet the use and occupancy requirements, the following process will occur:</P>
                  <P>(1) BLM will issue a formal contest complaint telling you why it believes it should reject your application.</P>
                  <P>(2) If you answer the complaint and tell BLM you want a hearing, BLM will ask an Administrative Law Judge (ALJ) of the Interior Department, Office of Hearings and Appeals, to preside over a hearing to establish the facts of your use and occupancy.</P>
                  <P>(3) The ALJ will evaluate all the written evidence and oral testimony and issue a decision.</P>
                  <P>(4) You can appeal this decision to the Interior Board of Land Appeals according to 43 CFR part 4.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Available Lands—General</HD>
                <SECTION>
                  <SECTNO>§ 2568.90</SECTNO>
                  <SUBJECT>If I qualify for an allotment, what land may BLM convey to me?</SUBJECT>
                  <P>You may receive title only to:</P>
                  <P>(a) Land that:</P>
                  <P>(1) Is currently owned by the Federal government,</P>
                  <P>(2) Was vacant, unappropriated, and unreserved when you first began to use and occupy it,</P>
                  <P>(3) Has not been continuously withdrawn since before your sixth birthday,</P>
                  <P>(4) You started using before December 14, 1968, the date when Public Land Order 4582 withdrew all unreserved public lands in Alaska from all forms of appropriation and disposition under the public land laws, and</P>
                  <P>(5) You prove by a preponderance of the evidence that you used and occupied in a substantially continuous and independent manner, at least potentially exclusive of others, for five or more years. This possession of the land must not be merely intermittent. “Preponderance of evidence” means evidence which is more convincing than the evidence offered in opposition to it; that is, evidence which as a whole shows that the fact you are trying to prove is more likely a fact than not.</P>
                  <P>(b) Substitute land explained in 43 CFR 2568.110.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.91</SECTNO>
                  <SUBJECT>Is there land owned by the Federal government that BLM cannot convey to me even if I qualify?</SUBJECT>
                  <P>You cannot receive an allotment containing any of the following:</P>
                  <P>(a) A regularly used and recognized campsite that is primarily used by someone other than yourself. The campsite area that you cannot receive is that which is actually used as a campsite.</P>
                  <P>(b) Land presently selected by, but not conveyed to, the State of Alaska. The State may relinquish up to 160 acres of its selection to allow an eligible Native veteran to receive an allotment;</P>

                  <P>(c) Land presently selected by, but not conveyed to, a Native corporation as defined in 43 U.S.C. 1602(m). A Native corporation may relinquish up to 160 acres of its selection to allow an eligible Native veteran to receive an allotment, as long as the remaining <PRTPAGE P="160"/>ANCSA selection comports with the appropriate selection rules in 43 CFR 2650. Any such relinquishment must not cause the corporation to become underselected. See 43 U.S.C. 1621(j)(2) for a definition of underselection;</P>
                  <P>(d) Land designated as wilderness by statute;</P>
                  <P>(e) Land acquired by the Federal government through gift, purchase, or exchange;</P>
                  <P>(f) Land containing any development owned or controlled by a unit of government, or a person other than yourself;</P>
                  <P>(g) Land withdrawn or reserved for national defense, other than the National Petroleum Reserve-Alaska;</P>
                  <P>(h) National Forest land; or</P>
                  <P>(i) Land selected or claimed, but not yet conveyed, under a public land law, including but not limited to the following:</P>
                  <P>(1) Land within a recorded mining claim;</P>
                  <P>(2) Home sites;</P>
                  <P>(3) Trade and manufacturing sites;</P>
                  <P>(4) Reindeer sites and headquarters sites;</P>
                  <P>(5) Cemetery sites.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.92</SECTNO>
                  <SUBJECT>Is there anything else I should consider if I apply for land that is selected by a Native corporation or by the State of Alaska?</SUBJECT>
                  <P>You must realize that applying for land which cannot be conveyed because it has been selected by a Native corporation or by the State is very risky. If BLM does not receive and approve a relinquishment from a Native corporation or the State before the allotment application filing period ends, you cannot file an application for an allotment in a different location and you will not be eligible for an alternative allotment.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.93</SECTNO>
                  <SUBJECT>Is there a limit to how much water frontage my allotment can include? </SUBJECT>
                  <P>Yes, in some cases. You will normally be limited to a half-mile (referred to as 160 rods in the regulations at 43 CFR part 2094) along the shore of a navigable water body. If you apply for land that extends more than a half-mile, BLM will treat your application as a request to waive this limitation. As explained in 43 CFR 2094.2, BLM can waive the half-mile limitation if it determines the land is not needed for a harborage, wharf, or boat landing area, and that a waiver would not harm the public interest.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.94</SECTNO>
                  <SUBJECT>Can I receive an allotment of land that is valuable for minerals?</SUBJECT>
                  <P>BLM can convey an allotment that is known to be or believed to be valuable for coal, oil, or gas, but the ownership of these minerals remains with the Federal government. BLM cannot convey to you land valuable for other kinds of minerals such as gold, silver, sand or gravel. If BLM conveys an allotment that is valuable for coal, oil, or gas, the allottee owns all minerals in the land except those expressly reserved to the United States in the conveyance.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.95</SECTNO>
                  <SUBJECT>Will BLM try to reacquire land that has been conveyed out of Federal ownership so it can convey that land to a Native veteran?</SUBJECT>
                  <P>No. The Alaska Native Veterans Allotment Act does not give BLM the authority to reacquire former Federal land in order to convey it to a Native veteran.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Available Lands—Conservation System Units (CSU)</HD>
                <SECTION>
                  <SECTNO>§ 2568.100</SECTNO>
                  <SUBJECT>What is a CSU?</SUBJECT>
                  <P>A CSU is an Alaska unit of the National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, National Trails System, National Wilderness Preservation System, or a National Forest Monument.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.101</SECTNO>
                  <SUBJECT>If the land I used and occupied is within a CSU other than a National Wilderness or any part of a National Forest, can I receive a title to it?</SUBJECT>
                  <P>You may receive title if you qualify for that allotment and the managing agency of the CSU agrees that conveyance of that allotment is not inconsistent with the purposes of the CSU.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="161"/>
                  <SECTNO>§ 2568.102</SECTNO>
                  <SUBJECT>Is the process by which the managing agency decides whether my allotment is not inconsistent with the CSU the same as other such determination processes?</SUBJECT>
                  <P>No. This process is unique to this regulation. It should not be confused with any similar process under any other act, including the incompatibility process under the National Wildlife Refuge System Improvement Act of 1997.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.103</SECTNO>
                  <SUBJECT>By what process does the managing agency of a CSU decide if my allotment would be consistent with the CSU?</SUBJECT>
                  <P>(a) BLM conducts a field exam, with you or your representative, to check the boundaries of the land for which you are applying and to look for signs of use and occupancy. The CSU manager or a designated representative may also attend the field exam.</P>
                  <P>(b) The CSU manager or representative assesses the resources to determine if the allotment would be consistent with CSU purposes at that location. You may submit any other information for the CSU manager to consider. You or your representative may also accompany the CSU representative on any field exam.</P>
                  <P>(c) The CSU manager submits a written decision and resource assessment to BLM within 18 months of the BLM field exam. The CSU manager will send you a copy of the decision and a copy of the resource assessment.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.104</SECTNO>
                  <SUBJECT>How will a CSU manager determine if my allotment is consistent with the CSU?</SUBJECT>
                  <P>The CSU manager will decide this on a case-by-case basis by considering the law or withdrawal order which created the CSU. The law or withdrawal order explains the purposes for which the CSU was created. The manager would also consider the mission of the CSU managing agency as established in law and policy. The manager will also consider how the cumulative impacts of the various activities that could take place on the allotment might affect the CSU.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.105</SECTNO>
                  <SUBJECT>In what situations could a CSU manager likely find an allotment to be consistent with the CSU?</SUBJECT>
                  <P>An allotment could generally be consistent with the purposes of the CSU if: </P>
                  <P>(a) The allotment for which you qualify is located near land that BLM has conveyed to a Native corporation under ANCSA, or,</P>
                  <P>(b) A Native corporation has selected the land under ANCSA and has said it would relinquish such selection, as long as the remaining ANCSA selection comports with the appropriate selection rules in 43 CFR 2650. Any relinquishment must not cause the corporation to become underselected. See 43 U.S.C. 1621(j)(2) for a definition of underselection.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.106</SECTNO>
                  <SUBJECT>In what situations could a CSU manager generally find an allotment to be inconsistent with the purposes of a CSU?</SUBJECT>
                  <P>An allotment could generally be inconsistent in situations including, but not limited to, the following:</P>
                  <P>(a) If, by itself or as part of a group of allotments, it could significantly interfere with biological, physical, cultural, scenic, recreational, natural quiet or subsistence values of the CSU.</P>
                  <P>(b) If, by itself or as part of a group of allotments, it obstructs access by the public or managing agency to the resource values of surrounding CSU lands.</P>
                  <P>(c) If, by itself or as part of a group of allotments, it could trigger development or future uses in an area that would adversely affect resource values of surrounding CSU lands.</P>
                  <P>(d) If it is isolated from existing private properties and opens an area of a CSU to new access and uses that adversely affect resource values of the surrounding CSU lands.</P>
                  <P>(e) If it interferes with the implementation of the CSU management plan.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Alternative Allotments</HD>
                <SECTION>
                  <SECTNO>§ 2568.110</SECTNO>
                  <SUBJECT>If I qualify for Federal land in one of the categories BLM cannot convey, is there any other way for me to receive an allotment?</SUBJECT>

                  <P>Yes. If you qualify for land in one of the categories listed in section 2568.91 which BLM cannot convey, you may <PRTPAGE P="162"/>choose an alternative allotment from the following types of land within the same ANCSA Region as the land for which you originally qualified:</P>
                  <P>(a) Land within an original withdrawal under section 11(a)(1) of ANCSA for selection by a Village Corporation which was:</P>
                  <P>(1) Not selected,</P>
                  <P>(2) Selected and later relinquished, or</P>
                  <P>(3) Selected and later rejected by BLM;</P>
                  <P>(b) Land outside of, but touching a boundary of a Village withdrawal, not including land described in section 2568.91 or land within a National Park; or </P>
                  <P>(c) Vacant, unappropriated, and unreserved land. (For purposes of this section, the term “unreserved” includes land withdrawn solely under the authority of section 17(d)(1) of ANCSA.)</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.111</SECTNO>
                  <SUBJECT>What if BLM decides that I qualify for land that is in the category of Federal land that BLM cannot convey?</SUBJECT>
                  <P>BLM will notify you in writing that you are eligible to choose an alternative allotment from lands described in section 2568.110.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.112</SECTNO>
                  <SUBJECT>What do I do if BLM notifies me that I am eligible to choose an alternative allotment?</SUBJECT>
                  <P>You must file a request for an alternative allotment in the Alaska State Office as stated in section 2568.71 and follow all the requirements you did for your original allotment application.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.113</SECTNO>
                  <SUBJECT>Do I have to prove that I used and occupied the land I've chosen as an alternative allotment?</SUBJECT>
                  <P>No. If BLM cannot convey the allotment for which you originally apply, and you are eligible to choose an alternative allotment, you do not have to prove that you used and occupied the land in the alternative location.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.114</SECTNO>
                  <SUBJECT>How do I apply for an alternative allotment if the CSU manager determines my application is inconsistent with a CSU?</SUBJECT>
                  <P>You should contact the appropriate CSU manager as quickly as possible to discuss resource concerns, potential constraints, and impacts on existing management plans. After you do this you must file a request for an alternative allotment with the BLM Alaska State Office as stated in section 2568.71 and follow all the requirements of the original allotment application. If the alternative allotment land is also in the CSU, the CSU manager will evaluate it to determine if conveyance of an allotment there would be inconsistent with the CSU as well.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.115</SECTNO>
                  <SUBJECT>When must I apply for an alternative allotment if the CSU manager determines my application is inconsistent with a CSU?</SUBJECT>
                  <P>Your application for an alternative allotment must be filed:</P>
                  <P>(a) Within 12 months of when you receive a decision from a CSU manager that says your original allotment is inconsistent with the purposes of the CSU or, </P>
                  <P>(b) Within six months of when you receive a decision from the CSU manager on your request for reconsideration of the original decision affirming that your original allotment is inconsistent with the purposes of the CSU, or</P>
                  <P>(c) Within three months of the date an appellate decision from the appropriate Federal official becomes final. This official will be either:</P>
                  <P>(1) The Regional Director of the National Park Service (NPS),</P>
                  <P>(2) The Regional Director of the U.S. Fish and Wildlife Service (USFWS), or </P>
                  <P>(3) The BLM Alaska State Director</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Appeals</HD>
                <SECTION>
                  <SECTNO>§ 2568.120</SECTNO>
                  <SUBJECT>What can I do if I disagree with any of the decisions that are made about my allotment application?</SUBJECT>
                  <P>You may appeal all decisions, except for CSU inconsistency decisions or determinations by the Department of Veterans Affairs, to the Interior Board of Land Appeals under 43 CFR Part 4.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.121</SECTNO>
                  <SUBJECT>If an agency determines my allotment is inconsistent with the purposes of a CSU, what can I do if I disagree?</SUBJECT>
                  <P>(a) You may request reconsideration of a CSU manager's decision by sending a signed request to that manager.</P>

                  <P>(b) The request for reconsideration must be submitted in person or correctly addressed and postmarked to the <PRTPAGE P="163"/>CSU manager no later than 90 calendar days of when you received the decision.</P>
                  <P>(c) The request for reconsideration must include:</P>
                  <P>(1) The BLM case file number of the application and parcel, and</P>
                  <P>(2) Your reason(s) for filing the reconsideration, and any new pertinent information.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.122</SECTNO>
                  <SUBJECT>What then does the CSU manager do with my request for reconsideration?</SUBJECT>
                  <P>(a) The CSU manager will reconsider the original inconsistency decision and send you a written decision within 45 calendar days after he or she receives your request. The 45 days may be extended for a good reason in which case you would be notified of the extension in writing. The reconsideration decision will give the CSU Manager's reasons for this new decision and it will summarize the evidence that the CSU manager used.</P>
                  <P>(b) The reconsideration decision will provide information on how to appeal if you disagree with it.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 2568.123</SECTNO>
                  <SUBJECT>Can I appeal the CSU Manager's reconsidered decision if I disagree with it?</SUBJECT>
                  <P>(a) Yes. If you or your legal representative disagree with the decision you may appeal to the appropriate Federal official designated in the appeal information you receive with the decision. That official will be either the NPS Regional Director, the USFWS Regional Director, or the BLM Alaska State Director, depending on the CSU where your proposed allotment is located.</P>
                  <P>(b) Your appeal must:</P>
                  <P>(1) Be in writing,</P>
                  <P>(2) Be submitted in person to the CSU manager or correctly addressed and postmarked no later than 45 calendar days of when you received the reconsidered decision.</P>
                  <P>(3) State any legal or factual reason(s) why you believe the decision is wrong. You may include any additional evidence or arguments to support your appeal.</P>
                  <P>(c) The CSU manager will send your appeal to the appropriate Federal official, which is either the NPS Regional Director, the USFWS Regional Director, or the BLM Alaska State Director.</P>
                  <P>(d) You may present oral testimony to the appropriate Federal official to clarify issues raised in the written record.</P>
                  <P>(e) The appropriate Federal official will send you his or her written decision within 45 calendar days of when he or she receives your appeal. The 45 days may be extended for good reason in which case you would be notified of the extension in writing.</P>
                  <P>(f) The decision of the appropriate Federal official is the final administrative decision of the Department of the Interior.</P>
                  <HD SOURCE="HED1">Group 2600—Disposition; Grants</HD>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2610</EAR>
            <HD SOURCE="HED">PART 2610—CAREY ACT GRANTS</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2610—Carey Act Grants, General</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2610.0-2</SECTNO>
                <SUBJECT>Objectives.</SUBJECT>
                <SECTNO>2610.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2610.0-4</SECTNO>
                <SUBJECT>Responsibilities.</SUBJECT>
                <SECTNO>2610.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>2610.0-7</SECTNO>
                <SUBJECT>Background.</SUBJECT>
                <SECTNO>2610.0-8</SECTNO>
                <SUBJECT>Lands subject to application.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2611—Segregation Under the Carey Act: Procedures</HD>
                <SECTNO>2611.1</SECTNO>
                <SUBJECT>Applications.</SUBJECT>
                <SECTNO>2611.1-1</SECTNO>
                <SUBJECT>Applications for determination of suitability and availability of lands.</SUBJECT>
                <SECTNO>2611.1-2</SECTNO>
                <SUBJECT>Determination of suitability and availability of lands.</SUBJECT>
                <SECTNO>2611.1-3</SECTNO>
                <SUBJECT>Application for grant contract.</SUBJECT>
                <SECTNO>2611.1-4</SECTNO>
                <SUBJECT>Approval of plan and contract.</SUBJECT>
                <SECTNO>2611.1-5</SECTNO>
                <SUBJECT>Priority of Carey Act applications.</SUBJECT>
                <SECTNO>2611.2</SECTNO>
                <SUBJECT>Period of segregation.</SUBJECT>
                <SECTNO>2611.3</SECTNO>
                <SUBJECT>Rights-of-way over other public lands.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2612—Issuance of Patents</HD>
                <SECTNO>2612.1</SECTNO>
                <SUBJECT>Lists for patents.</SUBJECT>
                <SECTNO>2612.2</SECTNO>
                <SUBJECT>Publication of lists for patents.</SUBJECT>
                <SECTNO>2612.3</SECTNO>
                <SUBJECT>Issuance of patents.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2613—Preference Right Upon Restoration</HD>
                <SECTNO>2613.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2613.1</SECTNO>
                <SUBJECT>Allowance of filing of applications.</SUBJECT>
                <SECTNO>2613.2</SECTNO>
                <SUBJECT>Applications.</SUBJECT>
                <SECTNO>2613.3</SECTNO>
                <SUBJECT>Allowance of preference right.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority: </HD>
              <P>Sec. 4 of the Act of August 18, 1894 (28 Stat. 422), as amended (43 U.S.C. 641), known as the Carey Act.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source: </HD>
              <P>45 FR 34232, May 21, 1980, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <PRTPAGE P="164"/>
              <HD SOURCE="HED">Subpart 2610—Carey Act Grants, General</HD>
              <SECTION>
                <SECTNO>§ 2610.0-2</SECTNO>
                <SUBJECT>Objectives.</SUBJECT>

                <P>The objective of section 4 of the Act of August 18, 1894 (28 Stat. 422), as amended (43 U.S.C. 641 <E T="03">et seq.</E>), known as the Carey Act, is to aid public land States in the reclamation of the desert lands therein, and the settlement, cultivation, and sale thereof in small tracts to actual settlers.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2610.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>(a) The Carey Act authorizes the Secretary of the Interior, with the approval of the President, to contract and agree to grant and patent to States, in which there are desert lands, not to exceed 1,000,000 acres of such lands to each State, under the conditions specified in the Act. The Secretary is authorized to contract and agree to grant and patent additional lands to certain States. After a State's application for a grant has been approved by the Secretary, the lands are segregated from the public domain for a period of from 3 to 15 years, the State undertaking within that time to cause the reclamation of the lands by irrigation. The lands, when reclaimed, are patented to the States or to actual settlers who are its assignees. If the lands are patented to the State, the State transfers title to the settler. Entries are limited to 160 acres to each actual settler.</P>
                <P>(b) The Act of June 11, 1896 (29 Stat. 434; 43 U.S.C. 642), authorizes liens on the land for the cost of construction of the irrigation works, and permits the issuance of patents to States for particular tracts actually reclaimed without regard to settlement or cultivation.</P>
                <P>(c) The Act of March 1, 1907 (34 Stat. 1056), extends the provisions of the Carey Act to the former Southern Ute Indian Reservation in Colorado.</P>
                <P>(d) The Joint Resolution approved May 25, 1908 (35 Stat. 577), authorizes grants to the State of Idaho of an additional 1,000,000 acres.</P>
                <P>(e) The Act of May 27, 1908 (35 Stat. 347; 43 U.S.C. 645), authorizes grants of an additional 1,000,000 acres to the State of Idaho and the State of Wyoming.</P>
                <P>(f) The Act of February 24, 1909 (35 Stat. 644; 43 U.S.C. 647), extends the provisions of the Carey Act to the former Ute Indian Reservation in Colorado.</P>
                <P>(g) The Act of February 16, 1911 (36 Stat. 913), extends the Carey Act to the former Fort Bridger Military Reservation in Wyoming.</P>
                <P>(h) The Act of February 21, 1911 (36 Stat. 925; 43 U.S.C. 523-524), permits the sale of surplus water by the United States Bureau of Reclamation for use upon Carey Act lands.</P>
                <P>(i) The Act of March 4, 1911 (36 Stat. 1417; 43 U.S.C. 645), authorizes grants to the State of Nevada of an additional 1,000,000 acres.</P>
                <P>(j) The Joint Resolution of August 21, 1911 (37 Stat. 38; 43 U.S.C. 645), authorizes grants to the State of Colorado of an additional 1,000,000 acres.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2610.0-4</SECTNO>
                <SUBJECT>Responsibilities.</SUBJECT>
                <P>(a) The authority of the Secretary of the Interior to approve the applications provided for in this part, has been delegated to the Director of the Bureau of Land Management and redelegated to State Directors of the Bureau of Land Management.</P>
                <P>(b) The grant contact must be signed by the Secretary of the Interior, or an officer authorized by him, and approved by the President.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2610.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>As used in the regulations of this part:</P>
                <P>(a) <E T="03">Actual settler</E> means a person who establishes a primary residence on the land.</P>
                <P>(b) <E T="03">Cultivation</E> means tilling or otherwise preparing the land and keeping the ground in a state favorable for the growth of ordinary agricultural crops, and requires irrigation as an attendant act.</P>
                <P>(c) <E T="03">Desert lands</E> means unreclaimed lands which will not, without irrigation, produce any reasonably remunerative agricultural crop by usual means or methods of cultivation. This includes lands which will not, without irrigation, produce paying crops during a series of years, but on which crops can be successfully grown in alternate years by means of the so-called dry-farming system. Lands which produce <PRTPAGE P="165"/>native grasses sufficient in quantity, if ungrazed by grazing animals, to make an ordinary crop of hay in usual seasons, are not desert lands. Lands which will produce an agricultural crop of any kind without irrigation in amount sufficient to make the cultivation reasonably remunerative are not desert. Lands containing sufficient moisture to produce a natural growth of trees are not to be classed as desert lands.</P>
                <P>(d) <E T="03">Economic feasibility</E> means the capability of an entry to provide an economic return to the settler sufficient to provide a viable farm enterprise and assure continued use of the land for farming purposes. Factors considered in determining feasibility may include the cost of developing or acquiring water, land reclamation costs, land treatment costs, the cost of construction or acquisition of a habitable residence, acquisition of farm equipment, fencing and other costs associated with a farm enterprise, such as water delivery, seed, planting, fertilization, harvest, etc.</P>
                <P>(e) <E T="03">Grant contract</E> means the contract between a State and the United States which sets the terms and conditions which the State or its assignees shall comply with before lands shall be patented.</P>
                <P>(f) <E T="03">Irrigation</E> means the application of water to the land for the purpose of growing crops.</P>
                <P>(g) <E T="03">Ordinary agricultural crops</E> means any agricultural product to which the land under consideration is generally adapted, and which would return a fair reward for the expense of producing them. Ordinary agricultural crops do not include forest products, but may include orchards and other plants which cannot be grown on the land without irrigation and from which a profitable crop may be harvested.</P>
                <P>(h) <E T="03">Reclamation</E> means the establishment of works for conducting water in adequate volume and quantity to the land so as to render it available for distribution when needed for irrigation and cultivation.</P>
                <P>(i) <E T="03">Segregation</E> means the action under the Act of August 19, 1894 (39 Stat. 422), as amended (43 U.S.C. 641), by which the lands are reserved from the public domain and closed to application or entry under the public land laws, including location under the mining laws.</P>
                <P>(j) <E T="03">Smallest legal subdivision</E> means a quarter quarter section (40 acres).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2610.0-7</SECTNO>
                <SUBJECT>Background.</SUBJECT>
                <P>The Carey Act authorizes the Secretary of the Interior, with the approval of the President, to contract and agree to grant and patent to States, in which there are desert lands, not exceeding 1 million acres of such lands to each State, as the State may cause to be reclaimed. The State shall also cause not less than 20 acres of each 160 acre tract to be cultivated by actual settlers. A number of amendments allowed additional acreages for certain States. Colorado, Nevada and Wyoming were allowed up to 2 million acres. Idaho was allowed up to 3 million acres.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2610.0-8</SECTNO>
                <SUBJECT>Lands subject to application.</SUBJECT>
                <P>(a) The lands shall be unreclaimed desert lands capable of producing ordinary agricultural crops by irrigation.</P>
                <P>(b) The lands shall be nonmineral, except that lands withdrawn, classified or valuable for coal, phosphate, nitrate, potash, sodium, sulphur, oil, gas or asphaltic minerals may be applied for subject to a reservation of such deposit, as explained in subpart 2093 of this title.</P>
                <P>(c) Lands embraced in mineral permits of leases, or in applications for such permits or leases, or classified, withdrawn or reported as valuable for any leasable mineral, or lying within the geologic structure of a field are subject to the provisions of §§ 2093.0-3 through 2093.0-7 of this title.</P>
                <P>(d) A project or individual entry may consist of 2 or more noncontiguous parcels. However, noncontiguous lands should be in a pattern compact enough to be managed as an efficient, economic unit.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <PRTPAGE P="166"/>
              <HD SOURCE="HED">Subpart 2611—Segregation Under the Carey Act: Procedures</HD>
              <SECTION>
                <SECTNO>§ 2611.1</SECTNO>
                <SUBJECT>Applications.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2611.1-1</SECTNO>
                <SUBJECT>Applications for determination of suitability and availability of lands.</SUBJECT>
                <P>The first step in obtaining segregation of lands for Carey Act development shall be the filing of an application in the appropriate State office of the Bureau of Land Management requesting that the authorized officer make a determination regarding the suitability and availability of lands for a Carey Act Project. The application shall consist of a map of lands proposed to be reclaimed, containing sufficient detail to clearly show which lands are included in the Project, the mode of irrigation and the source of water. The map shall bear a certification by the State official authorized to file the application that the lands are applied for subject to the provisions of subpart 2093 of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2611.1-2</SECTNO>
                <SUBJECT>Determination of suitability and availability of lands.</SUBJECT>
                <P>The authorized officer shall evaluate the suitability and availability of the lands for agricultural development under the Carey Act utilizing the criteria and procedures in part 2400 of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2611.1-3</SECTNO>
                <SUBJECT>Application for grant contract.</SUBJECT>
                <P>If it is determined that lands are suitable and available for agricultural development under the Carey Act, the State shall submit the following, in duplicate, to the appropriate Bureau of Land Management office (43 CFR part 1821):</P>
                <P>(a) A plan of development that includes:</P>
                <P>(1) A report on the economic feasibility of the project and the availability of an adequate supply of water to thoroughly irrigate and reclaim the lands to raise ordinary agricultural crops.</P>
                <P>(2) Procedures for avoiding or mitigating adverse environmental impacts and for rehabilitation of the lands if all or part of the project fails.</P>
                <P>(3) A map in sufficient detail to show the proposed major irrigation works and the lands to be irrigated. Map material and dimensions shall be as prescribed by the authorized officer and shall be drawn to a scale not greater than 1,000 feet to 1 inch. The map shall connect canals, pipelines larger than 8 inches in diameter, reservoirs and other major facilities in relationship to public survey lines or corners, where present. The map shall show other data as needed to enable retracement of the proposed major irrigation works on the ground. The engineer who prepared the map shall certify that the system depicted therein is accurately and fully represented and that the system proposed is sufficient to fully reclaim the lands.</P>
                <P>(4) Additional data concerning the specifics of the plan and its feasibility as required by the authorized officer.</P>
                <P>(b) A grant contract in a form prescribed by the Director, Bureau of Land Management, in duplicate, signed by the authorized State official, shall also be filed. A carbon copy of the contract shall not be accepted. The person who signs the contract on behalf of the State shall furnish evidence of his/her authority to do so. The contract shall obligate the State to all terms and conditions of the Act and all specifications of the approved plan, and shall obligate the United States to issue patents to the State upon actual reclamation of the lands according to the plan or to settlers who are its assignees, as provided in subpart 2093 of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2611.1-4</SECTNO>
                <SUBJECT>Approval of plan and contract.</SUBJECT>

                <P>(a) After making a determination that the proposed project is economically feasible, that sufficient water can be furnished to thoroughly irrigate and reclaim the lands, that measures to avoid or mitigate adverse environmental impacts and to rehabilitate the lands if the project fails are adequate, and that State laws and regulations concerning the disposal of the lands to actual settlers are not contrary to the provisions and restrictions of the Act, the authorized officer may approve the <PRTPAGE P="167"/>plan. Before making this determination and approving the plan, the authorized officer may, in agreement with the State, modify the plan.</P>

                <P>(b) Upon approval of the plan, the grant contract may be signed by the Secretary of the Interior, or an officer in the Office of the Secretary who has been appointed by the President, by and with the advice and consent of the Senate. A notice that the contract has been signed and the lands are segregated shall be published in the <E T="04">Federal Register.</E> As a condition to entering into the contract, the Secretary or his delegate may require additional terms and conditions. If such is done, the new contract form shall be returned to the State for signing.</P>
                <P>(c) The contract is not final and binding until approved by the President.</P>
                <P>(d) After the plan has been approved, and the contract signed and approved, the lands may be entered by the State and its agents for reclamation and for residency, if appropriate.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2611.1-5</SECTNO>
                <SUBJECT>Priority of Carey Act applications.</SUBJECT>
                <P>Properly filed applications under § 2611.1-1 or § 2611.1-3 of this title shall have priority over any subsequently filed agricultural applications for lands within the project boundaries. However, the rejection of a Carey Act application will not preclude subsequent agricultural development under another authority.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2611.2</SECTNO>
                <SUBJECT>Period of segregation.</SUBJECT>
                <P>(a) The States are allowed 10 years from the date of the signing of the contract by the Secretary in which to cause the lands to be reclaimed. If the State fails in this, the State Director may, in his discretion, extend the period for up to 5 years, or may restore the lands to the public domain at the end of the 10 years or any extension thereof. If actual construction of the reclamation works has not been commenced within 3 years after the segregation of the land or within such further period not exceeding 3 years as may be allowed for that purpose by the State Director, the State Director may, in his discretion, restore the lands to the public domain.</P>
                <P>(b) All applications for extensions of the period of segregation must be submitted to the State Director. Such applications will be entertained only upon the showing of circumstances which prevent compliance by the State with the requirements within the time allowed, which, in the judgment of the State Director, could not have been reasonably anticipated or guarded against, such as the distruction of irrigation works by storms, floods, or other unavoidable casualties, unforeseen structural or physical difficulties encountered in the operations, or errors in surveying and locating needed ditches, canals, or pipelines.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2611.3</SECTNO>
                <SUBJECT>Rights-of-way over other public lands.</SUBJECT>

                <P>When the canals, ditches, pipelines, reservoirs or other facilities required by the plan of development will be located on public lands not applied for by the State under the Carey Act, an application for right-of-way over such lands under Title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 <E T="03">et seq.</E>), shall be filed separately by the proposed constructor. Rights-of-way shall be approved simultaneously with the approval of the plan, but shall be conditioned on approval of the contract.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2612—Issuance of Patents</HD>
              <SECTION>
                <SECTNO>§ 2612.1</SECTNO>
                <SUBJECT>Lists for patents.</SUBJECT>

                <P>When patents are desired for any lands that have been segregated, the State shall file in the BLM State Office a list of lands to be patented, with a certificate of the presiding officer of the State land board, or other officer of the State who may be charged with the duty of disposing of the lands which the State may obtain under the law, that the lands have been reclaimed according to the plan of development, so that a permanent supply of water has been made available for each tract in the list, sufficient to thoroughly reclaim each 160-acre tract for the raising of ordinary agricultural crops. If patents are to be issued directly to assignees, the list shall include their names, the particular lands each claims, and a certification by the State that each is an actual settler and has <PRTPAGE P="168"/>cultivated at least 20 acres of each 160-acre tract. If there are portions which cannot be reclaimed, the nature, extent, location, and area of such portions should be fully stated. If less than 5 acres of a smallest legal subdivision can be reclaimed and the subdivision is not essential for the reclamation, cultivation, or settlement of the lands; such legal subdivision must be relinquished, and shall be restored to the public domain as provided in a notice published in the <E T="04">Federal Register.</E>
                </P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2612.2</SECTNO>
                <SUBJECT>Publication of lists for patents.</SUBJECT>
                <P>(a) <E T="03">Notice of lists.</E> When a list for patents is filed in the State Office, it shall be acompanied by a notice of the filing, in duplicate, prepared for the signature of the State Director, or his delegate, fully incorporating the list. The State shall cause this notice to be published once a week for 5 consecutive weeks, in a newspaper of established character and general circulation in the vicinity of the lands, to be designated by the State Director, as provided in subpart 1824 of this chapter.</P>
                <P>(b) <E T="03">Proof of publication.</E> At the expiration of the period of publication, the State shall file in the State Office proof of publication and of payment for the same.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2612.3</SECTNO>
                <SUBJECT>Issuance of patents.</SUBJECT>
                <P>Upon the receipt of proof of publication such action shall be taken in each case as the showing may require, and all tracts that are free from valid protest, and respecting which the law and regulations and grant contract have been complied with, shall be patented to the State, or to its assignees if the lands have been settled and cultivated. If patent issues to the State, it is the responsibility of the State to assure that the lands are cultivated and settled. If the State does not dispose of the patented lands within 5 years to actual settlers who have cultivated at least 20 acres of each 160 acre tract, or if the State disposes of the patented lands to any person who is not an actual settler or has not cultivated 20 acres of the 160 acre tract, action may be taken to revest title in the United States.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2613—Preference Right Upon Restoration</HD>
              <SECTION>
                <SECTNO>§ 2613.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>The Act approved February 14, 1920 (41 Stat. 407; 43 U.S.C. 644), provides that upon restoration of Carey Act lands from segregation, the Secretary is authorized, in his discretion, to allow a preference right of entry under other applicable land laws to any Carey Act entryman on any such lands which such person had entered under and pursuant to the State laws providing for the administration of the grant and upon which such person had established actual, bona fide residence or had made substantial and permanent improvements.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2613.1</SECTNO>
                <SUBJECT>Allowance of filing of applications.</SUBJECT>
                <P>(a) <E T="03">Status of lands under State laws.</E> Prior to the restoration of lands segregated under the Carey Act, the Bureau of Land Management shall ascertain from the proper State officials whether any entries have been allowed under the State Carey Act laws on any such lands, and if any such entries have been allowed, the status thereof and action taken by the State with reference thereto.</P>
                <P>(b) <E T="03">No entries under State laws.</E> If it is shown with reasonable certainty, either from the report of the State officers or by other available information, that there are no entries under State law, then the Act of February 14, 1920, shall not be considered applicable to the restoration of the lands. Lands shall be restored as provided in a notice published in the <E T="04">Federal Register.</E>
                </P>
                <P>(c) <E T="03">Entries under State laws.</E> If it appears from the report of the State officials or otherwise that there are entries under the State law which may properly be the basis for preference rights under this act, in the order restoring the lands the authorized officer may, in his discretion, allow only the filing of applications to obtain a preference right under the Act of February 14, 1920.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2613.2</SECTNO>
                <SUBJECT>Applications.</SUBJECT>

                <P>(a) Applications for preference rights under the Act of February 14, 1920, <PRTPAGE P="169"/>shall be filed within 90 days of the publication of the restoration order.</P>
                <P>(b) Applications shall be on a form approved by the Director and shall set forth sufficient facts to show that the applicant is qualified under the act and these regulations. The application must be subscribed and sworn to before a notary public.</P>
                <P>(c) <E T="03">Persons qualified.</E> The Act of February 14, 1920, applies only to cases of entries in good faith in compliance with the requirements of State law, with a view to reclaiming the land and procuring title pursuant to the provisions of the Carey Act; the act does not apply to cases where persons have settled on or improved the segregated land, either with the approval of the State authorities or otherwise, not pursuant to State law or not in anticipation of reclaiming the lands and procuring title under the Carey Act but in anticipation of initiating some kind of a claim to the land on its restoration because of failure of the project or cancellation of the segregation.</P>
                <P>(d) <E T="03">Persons not qualified.</E> The Act of February 14, 1920, does not apply to cases where the applicant's entry has been canceled by the State or forfeited for failure to perfect the entry according to State law, unless the failure is the result of conditions which culminated in the elimination of the lands from the project if the State has allowed a subsequent entry for the same lands, this shall be conclusive evidence that the default was the fault of the State entryman whose entry was forfeited or canceled.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2613.3</SECTNO>
                <SUBJECT>Allowance of preference right.</SUBJECT>
                <P>If a person's application is approved, such person shall have 90 days to submit an application for entry under another land law, and shall be entitled to a preference right of entry under other law if and when the lands are determined to be suitable for entry under such law pursuant to the regulations found in part 2400 of this chapter.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2620</EAR>
            <HD SOURCE="HED">PART 2620—STATE GRANTS</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2621—Indemnity Selections</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2621.0-2</SECTNO>
                <SUBJECT>Objectives and background.</SUBJECT>
                <SECTNO>2621.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2621.1</SECTNO>
                <SUBJECT>Applications for selection.</SUBJECT>
                <SECTNO>2621.2</SECTNO>
                <SUBJECT>Publication and protests.</SUBJECT>
                <SECTNO>2621.3</SECTNO>
                <SUBJECT>Certifications; mineral leases and permits.</SUBJECT>
                <SECTNO>2621.4</SECTNO>
                <SUBJECT>Application for selection of unsurveyed lands.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2622—Quantity and Special Grant Selections</HD>
                <SECTNO>2622.0-1</SECTNO>
                <SUBJECT>Purpose and scope.</SUBJECT>
                <SECTNO>2622.0-8</SECTNO>
                <SUBJECT>Lands subject to selection.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2623—School Land Grants to Certain States Extended to Include Mineral Sections</HD>
                <SECTNO>2623.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2623.0-7</SECTNO>
                <SUBJECT>Cross reference.</SUBJECT>
                <SECTNO>2623.0-8</SECTNO>
                <SUBJECT>Lands subject to selection.</SUBJECT>
                <SECTNO>2623.1</SECTNO>
                <SUBJECT>Effective date of grant.</SUBJECT>
                <SECTNO>2623.2</SECTNO>
                <SUBJECT>Claims protected.</SUBJECT>
                <SECTNO>2623.3</SECTNO>
                <SUBJECT>States not permitted to dispose of lands except with reservation of minerals.</SUBJECT>
                <SECTNO>2623.4</SECTNO>
                <SUBJECT>Grant of mineral school sections effective upon restoration of land from reservation.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <RESERVED>Subpart 2624[Reserved]</RESERVED>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2625—Swamp-land Grants</HD>
                <SECTNO>2625.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2625.1</SECTNO>
                <SUBJECT>Selection and patenting of swamp lands.</SUBJECT>
                <SECTNO>2625.2</SECTNO>
                <SUBJECT>Applications in conflict with swamp-land claims.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2627—Alaska</HD>
                <SECTNO>2627.1</SECTNO>
                <SUBJECT>Grant for community purposes.</SUBJECT>
                <SECTNO>2627.2</SECTNO>
                <SUBJECT>Grant for University of Alaska.</SUBJECT>
                <SECTNO>2627.3</SECTNO>
                <SUBJECT>Grant for general purposes.</SUBJECT>
                <SECTNO>2627.4</SECTNO>
                <SUBJECT>All grants.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority: </HD>
              <P>R.S. 2478; 43 U.S.C. 1201.</P>
            </AUTH>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2621—Indemnity Selections</HD>
              <SECTION>
                <SECTNO>§ 2621.0-2</SECTNO>
                <SUBJECT>Objectives and background.</SUBJECT>

                <P>Generally, grants made by Statehood Acts to the various States of school sections 16 and 36, and in addition, sections 2 and 32 in Arizona, New Mexico, and Utah, attach to a school sections on the date of acceptance or approval of the plat of survey thereof. If the acceptance or approval was prior to the granting act, or to the date of admission of the State into the Union, the grant attaches either on the date of approval of the act or the date of admission into the Union, whichever is the <PRTPAGE P="170"/>later date. However, if on the date the grant would otherwise attach, the land is appropriated under some applicable public land law, the grant does not attach, and the State is entitled to indemnity therefor as provided in the regulations in this subpart.</P>
                <CITA>[35 FR 9607, June 13, 1970]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2621.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>

                <P>(a) Sections 2275 and 2276 of the Revised Statutes, as amended (43 U.S.C. 851, 852), referred to in §§ 2621.0-3 to 2621.4 of this subpart as <E T="03">the law,</E> authorize the public land States except Alaska to select lands (or the retained or reserved interest of the United States in lands which have been disposed of with a reservation to the United States of all minerals, or any specified mineral or minerals, which interest is referred to in §§ 2621.0-3 to 2621.4 as the <E T="03">mineral estate</E>) of equal acreage within their boundaries as indemnity for grant lands in place lost to the States because of appropriation before title could pass to the State or because of natural deficiencies resulting from such causes as fractional sections and fractional townships.</P>
                <P>(b) The law provides that indemnity for lands lost because of natural deficiencies will be selected from the unappropriated, nonmineral, public lands, and that indemnity for lands lost before title could pass to the State will be selected from the unappropriated, public lands subject to the following restrictions:</P>
                <P>(1) No lands mineral in character may be selected except to the extent that the selection is made as indemnity for mineral lands.</P>
                <P>(2) No lands on a known geologic structure of a producing oil or gas field may be selected except to the extent that the selection is made as indemnity for lands on such a structure.</P>

                <P>(c) The law also provides that lands subject to a mineral lease or permit may be selected, but only if the lands are otherwise available for selection, and if none of the lands subject to that lease or permit are in producing or producible status. It permits the selection of lands withdrawn, classified, or reported as valuable for coal, phosphate, nitrate, potash, oil, gas, asphaltic minerals, oil shale, sodium, and sulphur and lands withdrawn by Executive Order 5327 of April 15, 1930, if such lands are otherwise available for, and subject to, selection: <E T="03">Provided,</E> That except where the base lands are mineral in character, such minerals are reserved to the United States in accordance with and subject to the regulations in subpart 2093. Except for the withdrawals mentioned in this paragraph and for lands subject to classification under section 7 of the Taylor Grazing Act of June 28, 1934 (48 Stat. 1269; 43 U.S.C. 315f), as amended, the law does not permit the selection of withdrawn or reserved lands.</P>
                <P>(d) Subsection (b) of the section 2276 of the Revised Statutes, as amended, sets forth the principles of adjustment where selections are made to compensate for deficiencies of school lands in fractional townships.</P>
                <CITA>[35 FR 9607, June 13, 1970]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2621.1</SECTNO>
                <SUBJECT>Applications for selection.</SUBJECT>
                <P>(a) Applications for selection must be made on a form approved by the Director, and must be accompanied by a petition on a form approved by the Director properly executed. However, if the lands described in application have been already classified and opened for selection pursuant to the regulations of this part, no petition is required.</P>
                <P>(b) Applications for selection under the law will be made by the proper selecting agent of the State and will be filed, in duplicate, in the proper office in the State or for lands or mineral estate in a State in which there is no office, will be filed in accordance with the provisions of § 1821.2 of this chapter.</P>
                <P>(c) Applications must be accompanied by the following information:</P>
                <P>(1) A reference to the Act of August 27, 1958 (72 Stat. 928), as amended.</P>
                <P>(2) A certificate by the selecting agent showing:</P>
                <P>(i) All facts relative to medicinal or hot springs or other waters upon the selected lands.</P>
                <FP>(This provision does not apply insofar as the application involves the selection of the mineral estate.)</FP>

                <P>(ii) That indemnity has not been previously granted for the assigned base <PRTPAGE P="171"/>lands and that no other selection is pending for such assigned base.</P>
                <P>(3) A statement describing the mineral or nonmineral character of each smallest legal subdivision of the base and selected lands or mineral estate.</P>
                <P>(4) A certificate by the officer or officers charged with the care and disposal of school lands that no instrument purporting to convey, or in any way incumber, the title to any of the land used as base or bases, has been issued by the State or its agents.</P>
                <P>(d) In addition to the requirements of paragraph (c) of this section, applications for selection must conform with the following rules:</P>
                <P>(1) The selected land and base lands must be described in accordance with the official plats of survey except that unsurveyed lands will be described in terms of protracted surveys as officially approved in accordance with 43 CFR 3101.1-4(d)(1). If the unsurveyed lands are not covered by protracted surveys the lands must be described in terms of their probable legal description, if and when surveyed in accordance with the rectangular system of public land surveys, or if the State Director gives written approval therefor, by a metes and bounds description adequate to identify the lands accurately.</P>
                <P>(2) Separate base or bases do not have to be assigned to each smallest legal subdivision of selected surveyed lands or mineral estate and to each tract of unsurveyed lands upon application. However, prior to final approval of the selection, separate base or bases shall be assigned. Assignment of the smallest actual or probable legal subdivision as base will constitute an election to take indemnity for the entire subdivision and is a waiver of the State's rights to such subdivision, except that any remaining balance of acreage may be used as base in other selections.</P>
                <P>(3) For purposes of selecting unsurveyed land a protracted section shall be considered to be a smallest legal subdivision except where the State Director finds otherwise.</P>

                <P>(4) The cause of loss of the base lands to the State must be specifically stated for each separate base.
                </P>
                <SECAUTH>(Secs. 2275 and 2276 of the Revised Statutes, as amended (43 U.S.C. 851, 852))</SECAUTH>
                <CITA>[35 FR 9607, June 13, 1970. Redesignated and amended at 46 FR 24135, Apr. 29, 1981]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2621.2</SECTNO>
                <SUBJECT>Publication and protests.</SUBJECT>
                <P>(a) The State will be required to publish once a week for five consecutive weeks in accordance with § 1824.3 of this chapter, at its own expense, in a designated newspaper and in a designated form, a notice allowing all persons claiming the land adversely to file in the appropriate office their objections to the issuance of a certification to the State for lands selected under the law. A protestant must serve on the State a copy of the objections and furnish evidence of service to the appropriate land office.</P>
                <P>(b) The State must file a statement of the publisher, accompanied by a copy of the notice published, showing that publication has been had for the required time.</P>
                <CITA>[35 FR 9607, June 13, 1970. Redesignated at 46 FR 24135, Apr. 29, 1981]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2621.3</SECTNO>
                <SUBJECT>Certifications; mineral leases and permits.</SUBJECT>
                <P>(a) Certifications will be issued for all selections approved under the law by the authorized officer of the Bureau of Land Management.</P>
                <P>(b) Where all the lands subject to a mineral lease or permit are certified to a State, or if, where the State has previously acquired title to a portion of the lands subject to a mineral lease or permit, the remaining lands in the lease or permit are certified to the State, the State shall succeed to the position of the United States thereunder. Where a portion of the lands subject to any mineral lease or permit are certified to a State, the United States shall retain for the duration of the lease or permit the mineral or minerals for which the lease or permit was issued.</P>
                <CITA>[35 FR 9607, June 13, 1970. Redesignated at 46 FR 24135, Apr. 29, 1981]</CITA>
              </SECTION>
              <SECTION>
                <PRTPAGE P="172"/>
                <SECTNO>§ 2621.4</SECTNO>
                <SUBJECT>Application for selection of unsurveyed lands.</SUBJECT>

                <P>(a) The authorized officer will reject any application for selection of unsurveyed lands if: (1) The costs of survey of the lands would grossly exceed the average per-acre costs of surveying public lands under the rectangular system of surveys in the State in which the lands are located, or (2) if the conveyance of the lands would create serious problems in the administration of the remaining public lands or resources thereof or would significantly diminish the value of the remaining public lands. The term <E T="03">remaining public lands</E> means the public lands from which the applied-for lands would be separated by survey.</P>
                <P>(b) In addition to the provisions of this section, applications for selection of unsurveyed lands are subject to the provisions of subpart 2400.</P>
                <CITA>[35 FR 9607, June 13, 1970. Redesignated at 46 FR 24135, Apr. 29, 1981]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2622—Quantity and Special Grant Selections</HD>
              <SECTION>
                <SECTNO>§ 2622.0-1</SECTNO>
                <SUBJECT>Purpose and scope.</SUBJECT>
                <P>(a) Sections 2622.0-1 to 2622.0-8 apply generally to quantity and special grants made to States other than Alaska.</P>
                <P>(b) The regulations in §§ 2621.2 to 2621.4 apply to quantity and special grants with the following exceptions and modifications:</P>
                <P>(1) Sections 2621.4(b) and 2621.2(c)(4); and §§ 2621.2(d) (3) and (4) and all references to base lands and to mineral estate do not apply.</P>
                <P>(2) Section 2621.2(c)(1) is modified to require reference to the appropriate granting act; § 2621.2(c)(3) is modified to require a statement testifying to the nonmineral character of each smallest legal subdivision of the selected land; § 2621.2(d)(2) is modified to permit as much as 6,400 acres in a single selection; and § 2621.2 is modified to require a certificate that the selection and those pending, together with those approved, do not exceed the total amount granted for the stated purpose of the grant.</P>
                <CITA>[35 FR 9608, June 13, 1970]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2622.0-8</SECTNO>
                <SUBJECT>Lands subject to selection.</SUBJECT>
                <P>Selections made in satisfaction of quantity and special grants can generally be made only from the vacant, unappropriated, nonmineral, surveyed public lands within the State to which the grant was made. If the lands are otherwise available for selection, the States may select lands which are withdrawn, classified, or reported as valuable for coal, phosphate, nitrate, potash, oil, gas, asphaltic minerals, sodium, or sulphur, provided that the appropriate minerals are reserved to the United States in accordance with and subject to the regulations of subpart 2093.</P>
                <CITA>[35 FR 9608, June 13, 1970]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2623—School Land Grants to Certain States Extended To Include Mineral Sections</HD>
              <SOURCE>
                <HD SOURCE="HED">Source:</HD>
                <P>35 FR 9609, June 18, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2623.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>

                <P>(a) The first paragraph of section 1 of the Act approved January 25, 1927 (44 Stat. 1026; 43 U.S.C. 870), reads as follows:
                </P>
                <EXTRACT>
                  <P>That, subject to the provisions of paragraphs (a), (b), and (c) of this section, the several grants to the States of numbered sections in place for the support or in aid of common or public schools be, and they are hereby, extended to embrace numbered school sections mineral in character, unless land has been granted to and/or selected by and certified or approved, to any such State or States as indemnity or in lieu of any land so granted by numbered sections.</P>
                </EXTRACT>
                
                
                <P>(b) The beneficiaries of this grant are the States of Arizona, California, Colorado, Idaho, Montana, Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. The grant also extends to the unsurveyed school sections reserved, granted, and confirmed to the State of Florida by the Act of Congress approved September 22, 1922 (42 Stat. 1017; 16 U.S.C. 483, 484).</P>

                <P>(c) The additional grant thus made, subject to all the conditions in the statute making same, applies to school-section lands known to be of <PRTPAGE P="173"/>mineral character at the effective date thereof as hereinafter defined. It does not include school-section lands nonmineral in character, those not known to be mineral in character at time of grant, but afterwards found to contain mineral deposits, such lands not being excepted from the grants theretofore made (Wyoming et al. v. United States, 255 U.S. 489-500, 501, 65 L. ed. 742-748), nor does it include lands in numbered school sections in lieu of or as indemnity for which lands were conveyed to the States first above named, or to the State of Florida with respect to school-section lands coming within the purview of the Act of September 22, 1922, prior to January 25, 1927.</P>
                <P>(d) Determinations made prior to January 25, 1927, by the Secretary of the Interior or the Commissioner of the General Land Office to the effect that lands in school sections were excepted from school-land grants because of their known mineral character do not, of themselves, prevent or affect in any way the vesting of title in the States pursuant to the provisions of the statute making the additional grant.</P>

                <P>(e) Subsection (a) of section 1 of the Act provides:
                </P>
                <EXTRACT>
                  <P>That the grant of numbered mineral sections under this Act shall be of the same effect as prior grants for the numbered nonmineral sections, and title to such numbered mineral sections shall vest in the States at the time and in the manner and be subject to all the rights of adverse parties recognized by existing law in the grants of numbered nonmineral sections.</P>
                </EXTRACT>
                
              </SECTION>
              <SECTION>
                <SECTNO>§ 2623.0-7</SECTNO>
                <SUBJECT>Cross reference.</SUBJECT>
                <P>For national forests and national parks, see § 1821.7-2 of this chapter. For naval petroleum reserves, see § 3102.2-2 of this chapter.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2623.0-8</SECTNO>
                <SUBJECT>Lands subject to selection.</SUBJECT>
                <P>(a) <E T="03">Lands included in grant.</E> (1) Section 2 of the Act of January 25, 1927 (44 Stat. 1027; 43 U.S.C. 871) reads as follows:
                </P>
                <EXTRACT>
                  <P>
                    <E T="04">Sec</E>. 2. That nothing herein contained is intended or shall be held or construed to increase, diminish, or affect the rights of States under grants other than for the support of common or public schools by numbered school sections in place, and this Act shall not apply to indemnity of lieu selections or exchanges or the right hereafter to select indemnity for numbered school sections in place lost to the State under the provisions of this or other Acts, and all existing laws governing such grants and indemnity or lieu selections and exchanges are hereby continued in full force and effect.</P>
                </EXTRACT>
                
                <P>(2) The only grants affected in any way by the provisions of the Act of January 25, 1927, are those of numbered sections of land in place made to the States for the support of common or public schools. The adjudication of claims to land asserted under other grants, for indemnity or lieu lands and exchanges of lands, will proceed as theretofore, being governed by the provisions of existing laws applicable thereto. The States will be afforded full opportunity, however, if the facts and conditions are such as to authorize such action, either to assign new base in support of or to withdraw pending unapproved indemnity school land selections in support of which mineral school-section lands have been tendered as base.</P>
                <P>(b) <E T="03">Lands excluded from grant.</E> (1) Subsection (c) of section 1 of the Act of January 25, 1927, provides:
                </P>
                <EXTRACT>
                  <P>That any lands included within the limits of existing reservations of or by the United States, or specifically reserved for waterpower purposes, or included in any pending suit or proceedings in the courts of the United States, or subject to or included in any valid application, claim, or right initiated or held under any of the existing laws of the United States, unless or until such application, claim, or right is relinquished or canceled, and all lands in the Territory of Alaska are excluded from the provisions of this act.</P>
                </EXTRACT>
                
                
                <P>(2) School-section lands included within the limits of existing reservations of or by the United States, specifically reserved for waterpower purposes, or included in any suit or proceedings in the courts of the United States, prior to January 25, 1927, and all lands in Alaska are excluded from the provisions of the Act. (§ 2623.4)</P>
                <P>(3) The words <E T="03">existing reservation</E> as used in subsection (c) are construed generally and subject to specific determination in particular cases if the need therefor shall arise, as including Indian and military reservations, naval and <PRTPAGE P="174"/>petroleum reserves, national parks, national forests, stock driveways, reservations established under the Act of June 25, 1910 (36 Stat. 847; 43 U.S.C. 141-143), as amended by the Act of August 24, 1912 (37 Stat. 497; 43 U.S.C. 142), and all forms of Executive withdrawal recognized and construed by the Department of the Interior as reservations, existent prior to January 25, 1927.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2623.1</SECTNO>
                <SUBJECT>Effective date of grant.</SUBJECT>
                <P>Grants to the States of school lands in place (the numbered sections), of the character and status subject thereto, as a rule, are effective and operate to vest title upon the date of the approval of the statute making the grant or the date of the admission of the State into the Union, as to lands then surveyed, and as to the lands thereafter surveyed upon the date of the acceptance of the survey thereof by the Director of the Bureau of Land Management. (United States v. Morrison, 240 U.S. 192, 60 L. ed. 599; United States v. Sweet, 245 U.S. 563, 62 L. ed. 473; Wyoming et al. v. United States, supra.) It is held, therefore, that the grant made by the first paragraph of section 1 of the Act of January 25, 1927, subject to the provision therein with respect to indemnity or lieu lands, to the provisions of subsections (b) and (c) of said section 1 and following the plain provisions of subsection (a) thereof is effective upon the date of the approval of the Act (January 25, 1927) as to lands then surveyed and the survey thereof accepted by the Director of the Bureau of Land Management and as to the unsurveyed school sections in the State of Florida granted to that State by the Act of September 22, 1922. The grant, as to other lands thereafter surveyed, subject to the same provisions is effective upon the acceptance of the survey thereof as above indicated.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2623.2</SECTNO>
                <SUBJECT>Claims protected.</SUBJECT>
                <P>(a) Valid applications, claims, or rights protected by the provisions of subsection (c) of section 1 of the Act of January 25, 1927, include applications, entries, selections, locations, permits, leases, and other forms of filing, initiated or held pursuant to existing laws of the United States prior to January 25, 1927, embracing known mineral school-section lands then surveyed and otherwise within the terms of the additional grant, and as to lands thereafter surveyed, valid applications, claims, or rights so initiated or held prior to the date of the acceptance of the survey. The additional grant to the State will attach upon the effective date of the relinquishment or cancellation of any claim, so asserted, in the absence of any other valid existing claim for the land and if same be then surveyed. Should the validity of any such claim be questioned by the State, proceedings with respect thereto by protest, contest, hearing, etc., will be had in the form and manner prescribed by existing rules governing such cases. This procedure will be followed in the matter of all protests, contests, or claims filed by individuals, associations, or corporations against the States affecting school-section lands.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2623.3</SECTNO>
                <SUBJECT>States not permitted to dispose of lands except with reservation of minerals.</SUBJECT>

                <P>(a) Subsection (b) of section 1 of the Act of January 25, 1927, provides:
                </P>
                <EXTRACT>

                  <P>That the additional grant made by this Act is upon the express condition that all sales, grants, deeds, or patents for any of the lands so granted shall be subject to and contain a reservation to the State of all the coal and other minerals in the lands so sold, granted, deeded, or patented, together with the right to prospect for, mine, and remove the same. The coal and other mineral deposits in such lands shall be subject to lease by the State as the State legislature may direct, the proceeds of rentals and royalties therefrom to be utilized for the support or in aid of the common or public schools: <E T="03">Provided,</E> That any lands or minerals disposed of contrary to the provisions of this Act shall be forfeited to the United States by appropriate proceedings instituted by the Attorney General for that purpose in the United States district court for the district in which the property or some part thereof is located.</P>
                </EXTRACT>
                
                
                <P>(b) The lands granted to the States by the Act of January 25, 1927, and the mineral deposits therein are to be disposed of by the States in the manner prescribed in subsection (b) thereof, provision being made for judicial forfeiture in case of disposal of any of the lands or minerals contrary to the provisions of the act.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="175"/>
                <SECTNO>§ 2623.4</SECTNO>
                <SUBJECT>Grant of mineral school sections effective upon restoration of land from reservation.</SUBJECT>
                <P>(a) By the Act of January 25, 1927 (44 Stat. 1026; 43 U.S.C. 870, 871), which grants to the States certain school-section lands that are mineral in character, it is provided by subsection (c) of section 1 that where such lands are embraced within an existing reservation at the date of said Act of 1927, they are thereby excluded from the grant made by said act.</P>
                <P>(b) Under the amendatory Act of May 2, 1932 (47 Stat. 140; 43 U.S.C. 870), it is provided that in the event of the restoration of the lands from such reservation, the grant to the State of such mineral school-section lands will thereupon become effective.</P>
                <P>(c) Adjudications in connection with the State's title to school sections will be governed by the provisions of this amendatory Act of May 2, 1932.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <RESERVED>Subpart 2624[Reserved]</RESERVED>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2625—Swamp-land Grants</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9610, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2625.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>

                <P>(a) Circular dated Mar. 17, 1896, containing the swamp-land laws and regulations, states:
                </P>
                <EXTRACT>
                  <P>As soon as practicable after the passage of the swamp-land grant of September 28, 1850, viz, on the 21st of November 1850, the commissioner transmitted to the governors of the respective States to which the grant applied copies of office circular setting forth the provisions of said Act, giving instructions thereunder, and allowing the States to elect which of two methods they would adopt for the purpose of designating the swamp lands, viz:</P>
                  <P>1. The field notes of Government survey could be taken as the basis for selections, and all lands shown by them to be swamp or overflowed, within the meaning of the act, which were otherwise vacant and unappropriated September 28, 1850, would pass to the States.</P>
                  <P>2. The States could select the lands by their own agents and report the same to the United States surveyor general with proof as to the character of the same.</P>
                  <P>The following States elected to make the field notes of survey the basis for determining what lands passed to them under the grant, viz: Louisiana, Michigan, and Wisconsin. Later the State of Minnesota adopted this method of settlement.</P>
                  <P>The authorities of the following States elected to make their selections by their own agents and present proof that the lands selected were of the character contemplated by the swamp grant, viz: Alabama, Arkansas, Florida, Illinois, Indiana, Iowa, Mississippi, Missouri, and Ohio. Later Oregon adopted this method.</P>
                  <P>The States of Alabama, Arkansas, Indiana, Mississippi, and Ohio adopted the second method at the beginning, but they changed to the first method, i.e., to the field notes of survey, as a basis of settlement, in recent years.</P>
                  <P>The authorities of California did not adopt either method, and the passage of the Act of July 23, 1866, rendered such action on their part unnecessary.</P>
                  <P>In Louisiana the selections under the grant of March 2, 1849, forming the bulk of the selections in said State, are made in accordance with the terms of said act by deputy surveyors, under the direction of the United States surveyor general, at the expense of the State.</P>
                </EXTRACT>
                
                
                <P>(b) The grant of swamp lands, under Acts of March 2, 1849, and September 28, 1850, is a grant in praesenti. See United States Supreme Court decisions Railroad Co. v. Fremont County (9 Wall, 89, 19 L. ed. 563); Railroad Co. v. Smith (id. 95, 19 L. ed. 599); Martin v. Marks (7 Otto 345, 24 L. ed. 940); decisions of the Secretary of the Interior, December 23, 1851 (1 Lester's L.L. 549), April 25, 1862, and opinion of Attorney General, November 10, 1858 (1 Lester's L.L. 564).</P>
                <P>(c) The Act of September 28, 1850, did not grant swamp and overflowed lands to States admitted into the Union after its passage. See decision of Secretary of the Interior, August 17, 1858; Commissioner, General Land Office, May 2, 1871 (Copp's L.L. 474), affirmed by Secretary June 1, 1871, and Commissioner, General Land Office, January 19, 1874 (Copp's L.L. 473), affirmed by Secretary July 9, 1875.</P>

                <P>(d) A State having elected to take swamp land by field notes and plats of survey is bound by them, as is also the Government. (See Secretary's decisions, October 4, 1855 (1 Lester's L.L. 553), August 1, 1859 (id. 571), December <PRTPAGE P="176"/>4, 1877 (4 Copp's L.L. 149), and September 19, 1879.</P>
                <P>(e) The Swamp-Land Acts do not contain any exception or reservation of mineral lands and none is to be implied, since at the time of their enactment the public policy of withholding mineral lands for disposition only under laws including them, was not established. Work, Secretary of the Interior v. Louisiana (269 U.S. 250, 70 L. ed. 259).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2625.1</SECTNO>
                <SUBJECT>Selection and patenting of swamp lands.</SUBJECT>
                <P>(a) All lands properly selected and reported to the Bureau of Land Management as swamp will be compared with the records of the said office, and lists of such lands as are shown to be swamp or overflowed, within the meaning of the Acts of March 2, 1849, and September 28, 1850 (9 Stat. 352, 519), and that are otherwise free from conflict will be made out by such office and approved.</P>
                <P>(b) When the lists have been approved a copy of each list will be transmitted to the governor of the State, with the statement that on receipt of his request patent will issue to the State for the lands. A copy of each list also will be transmitted to the authorizing officer of the proper office for the district in which the lands are situated, and he will be requested to examine the same with the records of his office and report any conflicts found.</P>
                <P>(c) Upon receipt of a request from the governor for patent, and a report from the authorizing officer as to status, patents will issue to the State for all the lands embraced in said lists so far as they are free from conflict.</P>
                <P>(d) Under the provisions of the Act of March 2, 1849, granting swamp lands to the State of Louisiana, a certified copy of the list approved by the Director, transmitted to the Governor, has the force and effect of a patent.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2625.2</SECTNO>
                <SUBJECT>Applications in conflict with swamp-land claims.</SUBJECT>
                <P>Applications adverse to the State, in conflict with swamp-land claims, will be governed by the following rules:</P>
                <P>(a) In those States where the adjudication of swamp-land claims is based on the evidence contained in the survey returns, applications adverse to the State for lands returned as swamp will be rejected unless accompanied by a showing that the land is non-swamp in character.</P>
                <P>(b) In such case, the claim adverse to the State must be supported by a statement of the applicant under oath, corroborated by two witnesses, setting forth the basis of the claim and that at the date of the swamp-land grant the land was not swamp and overflowed and not rendered thereby unfit for cultivation. In the absence of such affidavit the application will be rejected. If properly supported, the application will be received and suspended subject to a hearing to determine the swamp or nonswamp character of the land, the burden of proof being upon the non-swamp claimant.</P>
                <P>(c) In those States where the survey returns are not made the basis for adjudication of the swamp-land selections, junior applications for lands covered by swamp-land selections may be received and suspended, if supported by non-swamp affidavits corroborated by two witnesses, subject to hearing to determine the character of the land, whether swamp or non-swamp, and the burden of proof will be upon the junior applicant. Likewise, the State, if a junior applicant, may be heard upon furnishing an affidavit corroborated by two witnesses alleging that the land is swamp in character within the meaning of the swamp-land grant, in which case the burden of proof at the hearing will be upon the State.</P>
                <P>(d) Where hearings are ordered in any such cases, the Rules of Practice governing contests will be applied, except as herein otherwise provided.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2627—Alaska</HD>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9611, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2627.1</SECTNO>
                <SUBJECT>Grant for community purposes.</SUBJECT>
                <P>(a) <E T="03">Authority.</E> The Act of July 7, 1958 (72 Stat. 339, 340), grants to the State of Alaska the right to select, within 25 years after January 3, 1959, not to exceed 400,000 acres of national forest lands in Alaska which are vacant and <PRTPAGE P="177"/>unappropriated at the time of their selection and not to exceed 400,000 acres of other public lands in Alaska which are vacant, unappropriated, and unreserved at the time of their selection. The act provides that the selected lands must be adjacent to the established communities or suitable for prospective community centers and recreational areas. The act further provides that such lands shall be selected with the approval of the Secretary of Agriculture as to national forest lands and with the approval of the Secretary of the Interior as to other lands, and that no selection shall be made north and west of the line described in section 10 of the act without approval of the President or his designated representative.</P>
                <P>(b) <E T="03">Applicable regulations.</E> Unless otherwise indicated therein, the regulations in § 2627.3 (a) to (d) apply to the grant and selection of lands for community purposes. In addition to the requirements of § 2627.3(c), where the selected lands are national forest, the application for selection must be accompanied by a statement of the Secretary of Agriculture or his delegate showing that he approves the selection.</P>
                <P>(c) <E T="03">Approval of selections outside of national forests.</E> Selection of lands outside of national forests will be approved by the authorized officer of the Bureau of Land Management if, all else being regular, he finds that approval of a selection of lands adjacent to an established community will further expansion of an established community, or if the lands are suitable for prospective community centers and recreational areas.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2627.2</SECTNO>
                <SUBJECT>Grant for University of Alaska.</SUBJECT>
                <P>(a) <E T="03">Statutory authority.</E> The Act of January 21, 1929 (45 Stat. 1091), as supplemented July 7, 1958 (72 Stat. 339, 343; 43 U.S.C. 852 <E T="04">Note</E>), grants to the State of Alaska, for the exclusive use and benefit of the University of Alaska, the unsatisfied portion of 100,000 acres of vacant, surveyed, unreserved public lands in said State, to be selected by the State, under the direction and subject to the approval of the Secretary of the Interior, and subject to the conditions and limitations expressed in the act.</P>
                <P>(b) <E T="03">Applications for selection.</E> (1) Applications to select lands under the grant made to Alaska by the Act of January 21, 1929, will be made by the proper selecting agent of the State and will be filed in the proper office of the district in which such selected lands are situated. Such selections must be made in accordance with the law and with the applicable regulations governing selection of lands by States as set forth in part 2620.</P>
                <P>(2) Notice of selection and publication is required as provided by § 2627.5 (b) and (c).</P>
                <P>(3) Each list of selections must contain a reference to the act under which the selections are made and must be accompanied by a certificate of the selecting agent showing the selections are made under and pursuant to the laws of the State of Alaska.</P>
                <P>(4) The selections in any one list must not exceed 6,400 acres.</P>
                <P>(5) Each list must be accompanied by a certification of the selecting agent stating that the acreage selected together with the cumulative acreage total of all prior sales for lists pending and finally approved for clear-listing or patenting does not exceed 100,000 acres.</P>
                <P>(c) <E T="03">Statement with application.</E> Every application for selection under the Act of January 21, 1929, must be accompanied by a duly corroborated statement making the following showing as to the lands sought to be selected.</P>
                <P>(1) That no portion of the land is occupied for any purpose by the United States and that to the best of his knowledge and belief the land is unoccupied, unimproved, and unappropriated by any person claiming the same other than the applicant; and that at the date of the application no part of the land was claimed under the mining laws.</P>
                <P>(2) That the land applied for does not extend more than 160 rods along the shore of any navigable water or that such restriction has been or should be waived. (See § 2094.2 of this chapter.)</P>
                <P>(3) All facts relative to medicinal or hot springs or other waters upon the lands must be stated.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2627.3</SECTNO>
                <SUBJECT>Grant for general purposes.</SUBJECT>
                <P>(a) <E T="03">Statutory authority.</E> (1) The Act of July 7, 1958 (72 Stat. 339-343), referred <PRTPAGE P="178"/>to in paragraphs (a) to (d) of this section as <E T="03">the act,</E> grants to the State of Alaska the right to select, within 25 years from January 3, 1959, not to exceed 102,550,000 acres from the public lands in Alaska which are vacant, unappropriated and unreserved at the time of selection. The Act of September 14, 1960 (74 Stat. 1024), defines vacant unappropriated, unreserved public lands in Alaska to include the retained or reserved interest of the United States in lands which have been disposed of with a reservation to the United States of all minerals or any specified mineral or minerals.</P>
                <P>(2) The Act further provides that no selection shall be made in the area north and west of the line described in section 10 thereof (72 Stat. 345) without the approval of the President or his designated representative.</P>
                <P>(b) <E T="03">Lands subject to selection; patents; minerals.</E> (1) The Act as amended August 18, 1959 (73 Stat. 395), provides that any lease, permit, license, or contract issued under the Mineral Leasing Act of 1920 (41 Stat. 437; 30 U.S.C. 181 <E T="03">et seq.</E>), as amended, or under the Alaska Coal Leasing Act of 1914 (38 Stat. 741; 30 U.S.C. 432 <E T="03">et seq.</E>), as amended, referred to in this section as <E T="03">the mineral leasing acts,</E> shall have the effect of withdrawing the lands subject thereto from selection by the State.</P>
                <P>(2) Under the Act, the State may select any vacant, unappropriated, and unreserved public lands in Alaska, whether or not they are surveyed and whether or not they contain mineral deposits. For the purposes of selection, leases, permits, licenses, and contracts issued under the Mineral Leasing Acts of 1914 and 1920 will be considered an appropriation of lands. Where the preference provisions of § 2627.4(a) do not apply, selections by the State of lands covered by an application filed prior to the State selection will be rejected to the extent of the conflict when and if such application is allowed. Conflicting applications and offers for mineral leases and permits, except for preference right applicants, filed pursuant to the Mineral Leasing Act, whether filed prior to, simultaneously with, or after the filing of a selection under this part will be rejected when and if the selection is tentatively approved by the authorized officer of the Bureau of Land Management in accordance with paragraph (d) of this section.</P>
                <P>(3) Patents will be issued for all selections approved under the act by the authorized officer of the Bureau of Land Management but such patents will not issue unless or until the exterior boundaries of the selected area are officially surveyed.</P>
                <P>(4) (i) Where the State selects all the lands in a mineral lease, permit, license, or contract, issued under the Mineral Leasing Acts of 1914 and 1920, the patent issued under the act will convey to the State all mineral deposits in the selected lands. Any such patent shall vest in the State all right, title, and interest of the United States in and to any such lease, permit, license, or contract that remains outstanding on the effective date of the patent, including the right to all rentals, royalties, and other payments accruing after that date under such lease, permit, license, or contract, and including any authority that may have been retained by the United States to modify the terms and conditions of such lease, permit, license, or contract. Issuance of patent will not affect the continued validity of any such lease, permit, license, or contract or any rights arising thereunder.</P>
                <P>(ii) Where the State selects a portion of the lands subject to a mineral lease, permit, license, or contract issued under the Mineral Leasing Acts of 1914 and 1920, the patent issued under the act shall reserve to the United States the mineral or minerals subject to that lease, permit, license, or contract, together with such further rights as may be necessary to the full and complete enjoyment of all rights, privileges, and benefits under or with respect to that lease, permit, license, or contracts. Upon the termination of the lease, permit, license, or contract, title to minerals so reserved to the United States shall pass to the State.</P>
                <P>(c) <E T="03">Applications for selection.</E> (1) Applications for selection of lands under the act will be made by the proper selecting agent of the State and will be filed, in duplicate, in the proper office of the district in which such selected lands are situated. No special form is required but it must be typewritten and <PRTPAGE P="179"/>must contain the following information:</P>
                <P>(i) A reference to the Act of July 7, 1958 (70 Stat. 709), as supplemented, and a statement that the selection, together with other selections under the act pending or approved, does not exceed 102,550,000 acres (400,000 acres where one of the grants for community purposes is involved).</P>
                <P>(ii) A certificate by the selecting agent showing:</P>
                <P>(<E T="03">a</E>) That the selection is made under and pursuant to the laws of the State.</P>
                <P>(<E T="03">b</E>) The acreage selected and the cumulative acreage of all prior selection lists pending and finally approved for clear-listing or patenting.</P>
                <P>(<E T="03">c</E>) His official title and his authority to make the selection on behalf of the State.</P>
                <P>(<E T="03">d</E>) That no portion of the selected land is occupied for any purpose by the United States and that to the best of his knowledge and belief the land is unoccupied, unimproved, and unappropriated by any person claiming the land other than the applicant, and that at the date of the application no part of the land claimed or occupied under the mining laws.</P>
                <P>(<E T="03">e</E>) That the selected land does not extend more than 160 rods along the shore of any navigable water or that such restriction has been waived or should be waived. (§ 2094.2 of this chapter.)</P>
                <P>(<E T="03">f</E>) All the facts relative to medicinal or hot springs or other waters upon the selected lands.</P>
                <P>(iii) If the selected lands are surveyed, the legal description of the lands in accordance with official plats of survey.</P>
                <P>(iv) If the selected lands are unsurveyed and are described by approved protraction diagrams of the rectangular system of surveys, such description is required.</P>
                <P>(v) If the selected lands are unsurveyed and are not described by approved protraction diagrams, a description of the lands and a map or maps, in duplicate, sufficient to permit ready identification of the location, boundaries, and area of the lands.</P>
                <P>(2) Selections must be accompanied by a filing fee of $10 for 5,760 acres or fraction thereof in the selection which fee is not returnable.</P>
                <P>(3) All selections shall be made in reasonably compact tracts, taking into account the situation and potential uses of the lands involved. A tract will not be considered compact if it excludes other public lands available for selection within its exterior boundary. Each tract selected shall contain at least 5,760 acres unless isolated from other tracts open to selection.</P>
                <P>(4) If the selected lands are in the area north and west of the line described in section 10 of the Act, all selection made or confirmed by the act must be accompanied by a statement of the President or his designated representative showing that he approves the selection.</P>
                <P>(5) Section 2627.3(a)(1) and (c)(1)(ii) do not apply to the extent that an application embraces a reserved or retained interest.</P>
                <P>(d) <E T="03">Effect of approval of selections.</E> Following the selection of lands by the State and the tentative approval of such selection by the authorized officer of the Bureau of Land Management, the State is authorized to execute conditional leases and to make conditional sales of such selected lands pending survey of the exterior boundaries of the selected area, if necessary, and issuance of patent. Said officer will notify the appropriate State official in writing of his tentative approval of a selection after determining that there is no bar to passing legal title to the lands to the State other than the need for the survey of the lands or for the issuance of patent or both.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2627.4</SECTNO>
                <SUBJECT>All grants.</SUBJECT>
                <P>(a) <E T="03">State preference right of selection: waivers.</E> (1) The Act of July 7, 1958 (see § 2627.3(a)), provide that upon the revocation of any order of withdrawal in Alaska, the order of revocation shall provide for a period of not less than 90 days before the date on which it otherwise becomes effective during which period the State of Alaska shall have a preferred right of selection under the acts of 1956 and 1958, except as against prior existing valid rights, equitable claims subject to allowance and confirmation and other preferred rights of application conferred by law.<PRTPAGE P="180"/>
                </P>
                <P>(2) Where the proper selecting agent of the State files in writing in the proper office a waiver of the preference provisions of paragraph (a) of this section in connection with the proposed revocation of an order of withdrawal, the order affecting such revocation will not provide for such preference.</P>
                <P>(b) <E T="03">Segregative effect of applications.</E> Lands desired by the State under the regulations of this part will be segregated from all appropriations based upon application or settlement and location, including locations under the mining laws, when the state files its application for selection in the proper office properly describing the lands as provided in § 2627.3(c)(1) (iii), (iv), and (v). Such segregation will automatically terminate unless the State publishes first notice as provided by paragraph (c) of this section within 60 days of service of such notice by the appropriate officer of the Bureau of Land Management.</P>
                <P>(c) <E T="03">Publications and protests.</E> (1) The State will be required to publish once a week for five consecutive weeks in accordance with § 1824.4 of this chapter, at its own expense, in a designated newspaper, and in a designated form, a notice allowing all persons claiming the land adversely to file in the appropriate office their objections to the issuance of patent or certification for lands selected under the regulations of this part. A protestant must serve on the State a copy of the objections and furnish evidence of service to the proper office.</P>
                <P>(2) The State must file a statement of the publisher, accompanied by a copy of the notice published, showing that publication has been had for the required time.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2630</EAR>
            <HD SOURCE="HED">PART 2630—RAILROAD GRANTS</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2631—Patents for Lands Sold by Railroad Carriers (Transportation Act of 1940)</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2631.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2631.0-8</SECTNO>
                <SUBJECT>Lands for which applications may be made.</SUBJECT>
                <SECTNO>2631.1</SECTNO>
                <SUBJECT>Applications.</SUBJECT>
                <SECTNO>2631.2</SECTNO>
                <SUBJECT>Publication of notice.</SUBJECT>
                <SECTNO>2631.3</SECTNO>
                <SUBJECT>Surveying and conveyance fees.</SUBJECT>
                <SECTNO>2631.4</SECTNO>
                <SUBJECT>Patents.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2631—Patents for Lands Sold by Railroad Carriers (Transportation Act of 1940)</HD>
              <AUTH>
                <HD SOURCE="HED">Authority: </HD>
                <P>R.S. 2478; 43 U.S.C. 1201.</P>
              </AUTH>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>35 FR 9613, June 13, 1970, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2631.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>

                <P>Subsection (b) of section 321, Part II, Title III, of the Transportation Act of September 18, 1940 (54 Stat. 934; 49 U.S.C. 65), authorizes the issuance of patents for the benefit of certain innocent purchasers for value of land-grant lands from railroad carriers which have released their land-grant claims.
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note:</HD>
                  <P>Notices of releases of land grant claims by railroad carriers listing the carriers, the date of the approval of the release and the land-grant predecessors involved dated Dec. 17, 1940, May 17, 1941, and June 29, 1942, appear at 6 FR 449, 2634, and 7 FR 5319.</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2631.0-8</SECTNO>
                <SUBJECT>Lands for which applications may be made.</SUBJECT>

                <P>Subsection (b) of section 321, Part II, Title III, of the Transportation Act of 1940 provides that in the case of a railroad carrier, or a predecessor, which received a land grant to aid in the construction of any part of its railroad, the laws relating to compensation for certain Government transportation services shall continue to apply as though subsection (a) of section 321 had not been enacted unless the carrier shall file on or before September 18, 1941, with the Secretary of the Interior, in the form and manner prescribed by him, a release of any claim it may have to lands, interests in lands, compensation, or reimbursement on account of lands or interests in lands so granted, claimed to have been granted or claimed should have been granted. Section 321 provides further that nothing therein shall be construed as preventing the issuance of patents confirming the title to such uncertified or unpatented lands as the Secretary of the Interior shall find have been sold prior to September 18, 1940, to innocent purchasers for value. Subsection (b) of section 321 authorizing the issuance of such patents is not an enlargement of the grants, and does not extend them to lands not already covered thereby <PRTPAGE P="181"/>and, therefore, has no application to lands which for various reasons, such as mineral character, prior grants, withdrawals, reservations, or appropriation, were not subject to the grants. It does apply, however, to lands selected under remedial or lieu acts supplemental to the original grants as well as to primary and indemnity lands. Classification under section 7 of the Taylor Grazing Act of June 28, 1934 (48 Stat. 1269), as amended by the Act of June 26, 1936 (49 Stat. 1976; 43 U.S.C. 315f), will not be required where the sold land is such as the company was authorized by law to select.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2631.1</SECTNO>
                <SUBJECT>Applications.</SUBJECT>
                <P>Application, and supporting evidence, must be filed by the carrier in the proper office, accompanied by a nonrefundable application service charge of $10. The lands listed in any one application must be limited to those embraced in a single sale upon which the claim for patent is based. The application should state that it is filed under the railroad land grant act involved, properly cited, and subsection (b) of section 321, Part II, Title III of the Transportation Act of 1940 (54 Stat. 954). The application must be supported by a showing that the land is of the character which would pass under the grant involved, and was not by some superior or prior claim, withdrawal, reservation, or other reason, excluded from the operation of the grant. Full details of the alleged sale must be furnished, such as dates, the terms thereof, the estate involved, consideration, parties, amounts and dates of payments, made, and amounts due, if any, description of the land, and transfers of title. The use, occupancy, and cultivation of the land and the improvements placed thereon by the alleged purchaser should be described. All statements should be duly corroborated. Available documentary evidence, including the contract or deed, should be filed, which may be authenticated copies of the originals. An abstract of title may be necessary, dependent upon the circumstances of the particular case. No application for a patent under this act will be favorably considered unless it be shown that the alleged purchaser is entitled forthwith to the estate and interest transferred by such patent. Evidence of a recorded deed of conveyance from the carrier to the purchaser may be required. Where the company has on file an application in which the sold lands embraced, it need not file a new application, but may file a request for amendment of the pending application to come under the Transportation Act of 1940, together with the showing, supra, required as to the bona fide sale.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2631.2</SECTNO>
                <SUBJECT>Publication of notice.</SUBJECT>
                <P>The authorizing officer shall direct the publication of notice of the application. The notice will be published at the carrier's expense in a newspaper of general circulation in the vicinity of the land. If a daily newspaper be designated, the notice should be published in the Wednesday issue for five consecutive weeks; if weekly, for five consecutive issues; and if semiweekly, in either issue for five consecutive weeks. The carrier must furnish evidence of such publication in due course. Notice need not be published, in case of amendment of a pending application, where publication has already been had.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2631.3</SECTNO>
                <SUBJECT>Surveying and conveyance fees.</SUBJECT>

                <P>The carrier must pay the cost of the survey of the land, paying also one-half the cost of any segregation survey in accordance with the laws and regulations pertaining to the survey and patenting of railroad lands. (See 43 U.S.C. 881 <E T="03">et seq.</E>; also subpart 1822 of this chapter.)</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2631.4</SECTNO>
                <SUBJECT>Patents.</SUBJECT>
                <P>If all be found regular and in conformity with the governing law and regulations, patent shall be issued in the name of the grantee under the railroad grant, the carrier paying the costs of preparation and issuance of the patent.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2640</EAR>
            <HD SOURCE="HED">PART 2640—FAA AIRPORT GRANTS</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2640—Airport and Airway Improvement Act of September 3, 1982</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2640.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <SECTNO>2640.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2640.0-5</SECTNO>
                <SUBJECT>Definitions.<PRTPAGE P="182"/>
                </SUBJECT>
                <SECTNO>2640.0-7</SECTNO>
                <SUBJECT>Cross reference.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2641—Procedures</HD>
                <SECTNO>2641.1</SECTNO>
                <SUBJECT>Request by Administrator for conveyance of property interest.</SUBJECT>
                <SECTNO>2641.2</SECTNO>
                <SUBJECT>Action on request.</SUBJECT>
                <SECTNO>2641.3</SECTNO>
                <SUBJECT>Publication and payment.</SUBJECT>
                <SECTNO>2641.4</SECTNO>
                <SUBJECT>Approval of conveyance.</SUBJECT>
                <SECTNO>2641.5</SECTNO>
                <SUBJECT>Reversion.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority: </HD>
              <P>Sec. 516, Airport and Airway Improvement Act of 1982 (49 U.S.C. 2215).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source: </HD>
              <P>51 FR 26894, July 28, 1986, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2640—Airport and Airway Improvement Act of September 3, 1982</HD>
              <SECTION>
                <SECTNO>§ 2640.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <P>This subpart sets forth procedures for the issuance of conveyance documents for lands under the jurisdiction of the Department of the Interior to public agencies for use as airports and airways.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2640.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>Section 516 of the Airport and Airway Improvement Act of September 3, 1982 (49 U.S.C. 2215).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2640.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>As used in this subpart, the term:</P>
                <P>(a) <E T="03">Act</E> means section 516 of the Airport and Airway Improvement Act of September 3, 1982 (49 U.S.C. 2215).</P>
                <P>(b) <E T="03">Secretary</E> means the Secretary of the Interior.</P>
                <P>(c) <E T="03">Authorized officer</E> means any employee of the Bureau of Land Management who has been delegated the authority to perform the duties described in this subpart.</P>
                <P>(d) <E T="03">Administrator</E> means the person authorized by the Secretary of Transportation to administer the Act.</P>
                <P>(e) <E T="03">Applicant</E> means any public agency as defined in § 153.3 of Title 14 of the Code of Federal Regulations, which, either individually or jointly with other such public agencies, submits to the Administrator an application requesting that lands or interests in lands under the jurisdiction of the Department of the Interior be conveyed to such applicant under the Act.</P>
                <P>(f) <E T="03">Property interest</E> means the title to or any other interest in lands or any easement through or other interest in air space.</P>
                <P>(g) <E T="03">Conveyance document</E> means a patent, deed or similar instrument which transfers title to lands or interests in lands.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2640.0-7</SECTNO>
                <SUBJECT>Cross reference.</SUBJECT>
                <P>The regulations of the Federal Aviation Administration under the Act are found in 14 CFR part 153.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2641—Procedures</HD>
              <SECTION>
                <SECTNO>§ 2641.1</SECTNO>
                <SUBJECT>Request by Administrator for conveyance of property interest.</SUBJECT>
                <P>Each request by the Administrator in behalf of the applicant for conveyance of a property interest in lands under the jurisdiction of the Department of the Interior shall be filed with the State Office of the Bureau of Land Management having jurisdiction of the lands or interests in lands in duplicate, and shall contain the following:</P>
                <P>(a) A copy of the application filed by the requesting public agency with the Administrator.</P>
                <P>(b) A description of the lands or interests in lands, if surveyed, by legal subdivisions, specifying section, township, range, meridian and State. Unsurveyed lands shall be described by metes and bounds with a tie to a corner of the public-land surveys if within two miles; otherwise a tie shall be made to some prominent topographic feature and the approximate latitute and longitude shall be provided.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2641.2</SECTNO>
                <SUBJECT>Action on request.</SUBJECT>

                <P>(a) Upon receipt of the request from the Administrator, the authorized officer shall determine whether the requested conveyance is inconsistent with the needs of the Department of the Interior, or any agency thereof, and shall notify the Administrator of the determination within 4 months after receipt of the request. On determining that the conveyance is not inconsistent with the needs of the Department of the Interior, the authorized officer also shall determine what, if any, convenants, terms, conditions and reservations should be included in the conveyance, if made. Any conveyance shall be made subject to valid existing rights of record, and to those <PRTPAGE P="183"/>disclosed as a result of publication or otherwise.</P>
                <P>(b) Unless otherwise specifically provided by law, no conveyance shall be made of Federal lands within any national park, national monument, national recreation area, or similar area under the administration of the National Park Service; within any unit of the National Wildlife Refuge System or similar area under the jurisdiction of the United States Fish and Wildlife Service; within any area designated part of the National Wilderness Preservation System or any area designated as a wilderness study area; or within any national forest or Indian reservation.</P>
                <P>(c) The applicant shall, upon request by the authorized officer, submit a deposit in an amount determined by the authorized officer, to cover the administrative costs of processing the application, including the cost of survey, if one is necessary, and issuing of a document of conveyance. No document of conveyance shall be issued for unsurveyed lands. The processing of applications under this part shall be accomplished without any expense to the Bureau of Land Management.</P>

                <P>(d) Each applicant also shall pay the cost of publication of a notice in the <E T="04">Federal Register</E> and in a newspaper of general circulation in the area in which the lands are located.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2641.3</SECTNO>
                <SUBJECT>Publication and payment.</SUBJECT>

                <P>(a) Prior to issuance of a conveyance document, the authorized officer shall publish a notice of realty action in the <E T="04">Federal Register</E> and in a newspaper of general circulation in the area of the lands to be conveyed. The notice shall identify the lands proposed for conveyance and contain the terms, covenants, conditions and reservations to be included in the conveyance document. The notice shall provide public comment period of 45 days from the date of publication in the <E T="04">Federal Register.</E> Comments shall be sent to the Bureau of Land Management office issuing the notice.</P>
                <P>(b) The notice of realty action may segregate the lands or interests in lands to be conveyed to the extent that they will not be subject to appropriation under the public land laws, including the mining laws. The segregative effect of the notice of realty action shall terminate either upon the issuance of a document of conveyance or 1 year after the date of publication, whichever occurs first.</P>
                <P>(c) The determination concerning the granting or denial of an application shall be sent by the authorized officer to the applicant and to any party who commented on the application.</P>
                <P>(d) The authorized officer shall advise the applicant whether any balance is due on the payments required of the applicant and of the time within which payment shall be made. Failure to pay the required amount within the allotted time shall constitute grounds for rejection of the application. If the applicant has deposited with the authorized officer an amount in excess of the payments required, the authorized officer shall so advise the applicant and return the excess payment.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2641.4</SECTNO>
                <SUBJECT>Approval of conveyance.</SUBJECT>
                <P>(a) Each conveyance document shall contain appropriate covenants, terms, conditions and reservations requested by the Administrator, and those required for protection of the Department of the Interior or any agency thereof.</P>
                <P>(b) Upon receipt of the payment required by § 2641.2 (c) and (d) of this title and after consideration of comments received, the authorized officer shall make a decision upon the application. If the decision is to make a conveyance, the authorized officer shall send the conveyance document to the Attorney General of the United States for consideration. Upon approval by the Attorney General, the authorized officer shall issue the conveyance document.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2641.5</SECTNO>
                <SUBJECT>Reversion.</SUBJECT>

                <P>A conveyance shall be made only on the condition that, at the option of the Administrator, the property interest conveyed shall revert to the United States in the event that the lands in question are not developed for airport or airway purposes or are used in a manner inconsistent with the terms of the conveyance. If only a part of the property interest conveyed is not developed for airport purposes, or is used <PRTPAGE P="184"/>in a manner inconsistent with the terms of the conveyance, only that particular part shall, at the option of the Administrator, revert to the United States.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2650</EAR>
            <HD SOURCE="HED">PART 2650—ALASKA NATIVE SELECTIONS</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2650—Alaska Native Selections: Generally</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2650.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <SECTNO>2650.0-2</SECTNO>
                <SUBJECT>Objectives.</SUBJECT>
                <SECTNO>2650.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2650.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>2650.0-7</SECTNO>
                <SUBJECT>References.</SUBJECT>
                <SECTNO>2650.0-8</SECTNO>
                <SUBJECT>Waiver.</SUBJECT>
                <SECTNO>2650.1</SECTNO>
                <SUBJECT>Provisions for interim administration.</SUBJECT>
                <SECTNO>2650.2</SECTNO>
                <SUBJECT>Application procedures for land selections.</SUBJECT>
                <SECTNO>2650.3</SECTNO>
                <SUBJECT>Lawful entries, lawful settlements, and mining claims.</SUBJECT>
                <SECTNO>2650.3-1</SECTNO>
                <SUBJECT>Lawful entries and lawful settlements.</SUBJECT>
                <SECTNO>2650.3-2</SECTNO>
                <SUBJECT>Mining claims.</SUBJECT>
                <SECTNO>2650.4</SECTNO>
                <SUBJECT>Conveyance reservations.</SUBJECT>
                <SECTNO>2650.4-1</SECTNO>
                <SUBJECT>Existing rights and contracts.</SUBJECT>
                <SECTNO>2650.4-2</SECTNO>
                <SUBJECT>Succession of interest.</SUBJECT>
                <SECTNO>2650.4-3</SECTNO>
                <SUBJECT>Administration.</SUBJECT>
                <SECTNO>2650.4-4</SECTNO>
                <SUBJECT>Revenues. [Reserved]</SUBJECT>
                <SECTNO>2650.4-5</SECTNO>
                <SUBJECT>National forest lands.</SUBJECT>
                <SECTNO>2650.4-6</SECTNO>
                <SUBJECT>National wildlife refuge system lands.</SUBJECT>
                <SECTNO>2650.4-7</SECTNO>
                <SUBJECT>Public easements.</SUBJECT>
                <SECTNO>2650.5</SECTNO>
                <SUBJECT>Survey requirements.</SUBJECT>
                <SECTNO>2650.5-1</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <SECTNO>2650.5-2</SECTNO>
                <SUBJECT>Rule of approximation.</SUBJECT>
                <SECTNO>2650.5-3</SECTNO>
                <SUBJECT>Regional surveys.</SUBJECT>
                <SECTNO>2650.5-4</SECTNO>
                <SUBJECT>Village surveys.</SUBJECT>
                <SECTNO>2650.5-5</SECTNO>
                <SUBJECT>Cemetery sites and historical places.</SUBJECT>
                <SECTNO>2650.5-6</SECTNO>
                <SUBJECT>Adjustment to plat of survey.</SUBJECT>
                <SECTNO>2650.6</SECTNO>
                <SUBJECT>Selection limitations.</SUBJECT>
                <SECTNO>2650.7</SECTNO>
                <SUBJECT>Publication.</SUBJECT>
                <SECTNO>2650.8</SECTNO>
                <SUBJECT>Appeals.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2651—Village Selections</HD>
                <SECTNO>2651.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2651.1</SECTNO>
                <SUBJECT>Entitlement.</SUBJECT>
                <SECTNO>2651.2</SECTNO>
                <SUBJECT>Eligibility requirements.</SUBJECT>
                <SECTNO>2651.3</SECTNO>
                <SUBJECT>Selection period.</SUBJECT>
                <SECTNO>2651.4</SECTNO>
                <SUBJECT>Selection limitations.</SUBJECT>
                <SECTNO>2651.5</SECTNO>
                <SUBJECT>Conveyance reservations.</SUBJECT>
                <SECTNO>2651.6</SECTNO>
                <SUBJECT>Airport and air navigation facilities.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2652—Regional Selections</HD>
                <SECTNO>2652.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2652.1</SECTNO>
                <SUBJECT>Entitlement.</SUBJECT>
                <SECTNO>2652.2</SECTNO>
                <SUBJECT>Selection period.</SUBJECT>
                <SECTNO>2652.3</SECTNO>
                <SUBJECT>Selection limitations.</SUBJECT>
                <SECTNO>2652.4</SECTNO>
                <SUBJECT>Conveyance reservations.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2653—Miscellaneous Selections</HD>
                <SECTNO>2653.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2653.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>2653.1</SECTNO>
                <SUBJECT>Conveyance limitations.</SUBJECT>
                <SECTNO>2653.2</SECTNO>
                <SUBJECT>Application procedures.</SUBJECT>
                <SECTNO>2653.3</SECTNO>
                <SUBJECT>Lands available for selection.</SUBJECT>
                <SECTNO>2653.4</SECTNO>
                <SUBJECT>Termination of selection period.</SUBJECT>
                <SECTNO>2653.5</SECTNO>
                <SUBJECT>Cemetery sites and historical places.</SUBJECT>
                <SECTNO>2653.6</SECTNO>
                <SUBJECT>Native groups.</SUBJECT>
                <SECTNO>2653.7</SECTNO>
                <SUBJECT>Sitka-Kenai-Juneau-Kodiak selections.</SUBJECT>
                <SECTNO>2653.8</SECTNO>
                <SUBJECT>Primary place of residence.</SUBJECT>
                <SECTNO>2653.8-1</SECTNO>
                <SUBJECT>Acreage to be conveyed.</SUBJECT>
                <SECTNO>2653.8-2</SECTNO>
                <SUBJECT>Primary place of residence criteria.</SUBJECT>
                <SECTNO>2653.8-3</SECTNO>
                <SUBJECT>Appeals.</SUBJECT>
                <SECTNO>2653.9</SECTNO>
                <SUBJECT>Regional selections.</SUBJECT>
                <SECTNO>2653.10</SECTNO>
                <SUBJECT>Excess selections.</SUBJECT>
                <SECTNO>2653.11</SECTNO>
                <SUBJECT>Conveyance reservations.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2654—Native Reserves</HD>
                <SECTNO>2654.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2654.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>2654.1</SECTNO>
                <SUBJECT>Exercise of option.</SUBJECT>
                <SECTNO>2654.2</SECTNO>
                <SUBJECT>Application procedures.</SUBJECT>
                <SECTNO>2654.3</SECTNO>
                <SUBJECT>Conveyances.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2655—Federal Installations</HD>
                <SECTNO>2655.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2655.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>2655.1</SECTNO>
                <SUBJECT>Lands subject to determination.</SUBJECT>
                <SECTNO>2655.2</SECTNO>
                <SUBJECT>Criteria for determinations.</SUBJECT>
                <SECTNO>2655.3</SECTNO>
                <SUBJECT>Determination procedures.</SUBJECT>
                <SECTNO>2655.4</SECTNO>
                <SUBJECT>Adverse decisions.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority: </HD>

              <P>Sec. 25, Alaska Native Claims Settlement Act of December 18, 1971; Administrative Procedure Act (5 U.S.C. 551 <E T="03">et seq.</E>), unless otherwise noted.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source: </HD>
              <P>38 FR 14218, May 30, 1973, unless otherwise noted.
              </P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2650—Alaska Native Selections: Generally</HD>
              <SECTION>
                <SECTNO>§ 2650.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <P>The purpose of the regulations in this part is to provide procedures for orderly and timely implementation of those provisions of the Alaska Native Claims Settlement Act of December 18, 1971 (43 U.S.C. 1601) which pertain to selections of lands and interests in lands in satisfaction of the land selections conferred by said Act upon Alaska Natives and Alaska Native corporations.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.0-2</SECTNO>
                <SUBJECT>Objectives.</SUBJECT>

                <P>The program of the Secretary is to implement such provisions in keeping with the congressional declaration of <PRTPAGE P="185"/>policy that the settlement of the Natives’ aboriginal land claims be fair and just and that it be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation and with maximum participation by Natives in decisions affecting their rights and property.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>

                <P>Section 25 of the Alaska Native Claims Settlement Act of December 18, 1971, authorizes the Secretary of the Interior to issue and publish in the <E T="04">Federal Register</E>, pursuant to the Administrative Procedure Act (5 U.S.C. 551, <E T="03">et seq.</E>), such regulations as may be necessary to carry out the purposes of the act.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>(a) <E T="03">Act</E> means the Alaska Native Claims Settlement Act of December 18, 1971 (43 U.S.C. 1601) and any amendments thereto.</P>
                <P>(b) <E T="03">Secretary</E> means the Secretary of the Interior or his authorized delegate.</P>
                <P>(c) <E T="03">Native</E> means a Native as defined in section 3(b) of the Act.</P>
                <P>(d) <E T="03">Native village</E> means any tribe, band, clan, group, village, community, or association in Alaska, as defined in section 3(c) of the Act.</P>
                <P>(e) <E T="03">Village corporation</E> means a profit or nonprofit Alaska Native village corporation which is eligible under § 2651.2 of this chapter to select land and receive benefits under the act, and is organized under the laws of the State of Alaska in accordance with the provisions of section 8 of the Act.</P>
                <P>(f) <E T="03">Regional corporation</E> means an Alaska Native regional corporation organized under the laws of the State of Alaska in accordance with the provisions of section 7 of the Act.</P>
                <P>(g) <E T="03">Public lands</E> means all Federal lands and interests in lands located in Alaska (including the beds of all non-navigable bodies of water), except:</P>
                <P>(1) The smallest practicable tract, as determined by the Secretary, enclosing land actually used, but not necessarily having improvements thereon, in connection with the administration of a Federal installation; and,</P>
                <P>(2) Land selections of the State of Alaska which have been patented or tentatively approved under section 6(g) of the Alaska Statehood Act, as amended (72 Stat. 341; 77 Stat. 223; 48 U.S.C. Ch. 2), or identified for selection by the State prior to January 17, 1969, except as provided in § 2651.4(a)(1) of this chapter.</P>
                <P>(h) <E T="03">Interim conveyance</E> as used in these regulations means the conveyance granting to the recipient legal title to unsurveyed lands, and containing all the reservations for easements, rights-of-way, or other interests in land, provided by the act or imposed on the land by applicable law, subject only to confirmation of the boundary descriptions after approval of the survey of the conveyed land.</P>
                <P>(i) <E T="03">Patent</E> as used in these regulations means the original conveyance granting legal title to the recipient to surveyed lands, and containing all the reservations for easements, rights-of-way, or other interests in land, provided by the act or imposed on the land by applicable law; or the document issued after approval of the survey by the Bureau of Land Management, to confirm the boundary description of the unsurveyed conveyed lands.</P>
                <P>(j) <E T="03">Conveyance</E> as used in these regulations means the transfer of title pursuant to the provisions of the act whether by interim conveyance or patent, whichever occurs first.</P>
                <P>(k) <E T="03">National Wildlife Refuge System</E> means all lands, waters, and interests therein administered on December 18, 1971, by the Secretary as wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened with extinction, wildlife ranges, game ranges, wildlife management areas, or waterfowl production areas, as provided in the Act of October 15, 1966, 80 Stat. 927, as amended by the Act of July 18, 1968, 82 Stat. 359 (16 U.S.C. 668dd).</P>
                <P>(l) <E T="03">Protraction diagram</E> means the approved diagram of the Bureau of Land Management mathematical plan for extending the public land surveys and does not constitute an official Bureau of Land Management survey, and, in the absence of an approved diagram of the Bureau of Land Management, includes the State of Alaska protraction <PRTPAGE P="186"/>diagrams which have been authenticated by the Bureau of Land Management.</P>
                <P>(m) <E T="03">Date of filing</E> shall be the date of postmark, except when there is no postmark, in which case it shall be the date of receipt in the proper office.</P>
                <P>(n) <E T="03">LUPC</E> means the Joint Federal-State Land Use Planning Commission for Alaska.</P>
                <P>(o) <E T="03">Major waterway</E> means any river, stream, or lake which has significant use in its liquid state by watercraft for access to publicly owned lands or between communities. Significant use means more than casual, sporadic or incidental use by watercraft, including floatplanes, but does not include use of the waterbody in its frozen state by snowmobiles, dogsleds or skiplanes. Designation of a river or stream as a major waterway may be limited to a specific segment of the particular waterbody.</P>
                <P>(p) <E T="03">Present existing use</E> means use by either the general public which includes both Natives and non-Natives alike or by a Federal, State, or municipal corporation entity on or before December 18, 1976, or the date of selection, whichever is later. Past use which has long been abandoned shall not be considered present existing use.</P>
                <P>(q) <E T="03">Public easement</E> means any easement reserved by authority of section 17(b) of the Act and under the criteria set forth in these regulations. It includes easements for use by the general public and easements for use by a specific governmental agency. Public easements may be reserved for transportation, communication and utility purposes, for air, light or visibility purposes, or for guaranteeing international treaty obligations.</P>
                <P>(r) <E T="03">Publicly owned lands</E> means all Federal, State, or municipal corporation (including borough) lands or interests therein in Alaska, including public lands as defined herein, and submerged lands as defined by the Submerged Lands Act, 43 U.S.C. 1301, <E T="03">et seq.</E>
                </P>
                <P>(s) <E T="03">Director</E> means the Director, Bureau of Land Managment</P>
                <P>(t) <E T="03">Isolated tract</E> means a tract of one or more contiguous parcels of publicly owned lands completely surrounded by lands held in nonpublic ownership or so effectively separated from other publicly owned lands as to make its use impracticable without a public easement for access.</P>
                <P>(u) <E T="03">State</E> means the State of Alaska.</P>
                <P>(v) <E T="03">Native corporation</E> means any Regional Corporation, any Village Corporation, Urban Corporation and any Native Group.</P>
                <CITA>[38 FR 14218, May 30, 1973, as amended at 43 FR 55328, Nov. 27, 1978; 50 FR 15547, Apr. 19, 1985]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.0-7</SECTNO>
                <SUBJECT>References.</SUBJECT>
                <P>(a) Native enrollment procedures are contained in 25 CFR part 43h.<SU>1</SU>
                  <FTREF/>
                </P>
                <FTNT>
                  <P>
                    <SU>1</SU> At 47 FR 13327, Mar. 30, 1982, part 43h of Title 25 was redesignated as part 69.</P>
                </FTNT>
                <P>(b) Withdrawal procedures are contained in part 2300 of this chapter.</P>
                <P>(c) Application procedures are contained in subpart 1821 of this chapter.</P>
                <P>(d) Appeals procedures are contained in 43 CFR part 4, subpart E.</P>

                <P>(e) Mineral patent application procedures are contained in part 3860 of this chapter.
                </P>
                <SECAUTH>(43 U.S.C. 1601-1624)</SECAUTH>
                <CITA>[38 FR 14218, May 30, 1973, as amended at 40 FR 33174, Aug. 6, 1975]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.0-8</SECTNO>
                <SUBJECT>Waiver.</SUBJECT>
                <P>The Secretary may, in his discretion, waive any nonstatutory requirement of these regulations. When the rights of third parties will not be impaired, and when rapid, certain settlement of the claims of Natives will be assisted, minor procedural and technical errors should be waived.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.1</SECTNO>
                <SUBJECT>Provisions for interim administration.</SUBJECT>

                <P>(a)(1) Prior to any conveyance under the Act, all public lands withdrawn pursuant to sections 11, 14, and 16, or covered by section 19 of the Act, shall be administered under applicable laws and regulations by the Secretary of the Interior, or by the Secretary of Agriculture in the case of national forest lands, as provided by section 22(i) of the Act. The authority of the Secretary of the Interior and of the Secretary of Agriculture to make contracts and to issue leases, permits, rights-of-way, or easements is not impaired by the withdrawals.<PRTPAGE P="187"/>
                </P>
                <P>(2)(i) Prior to the Secretary's making contracts or issuing leases, permits, rights-of-way, or easements, the views of the concerned regions or villages shall be obtained and considered, except as provided in paragraph (a)(2)(ii) of this section.</P>
                <P>(ii) Prior to making contracts, or issuing leases, permits, rights-of-way, or easements on lands subject to election pursuant to section 19(b) of the Act, the Secretary shall obtain the consent of the representatives of the Natives living on those lands.</P>
                <P>(b) As provided in section 17(d)(3) of the Act, any lands withdrawn pursuant to section 17(d) shall be subject to administration by the Secretary under applicable laws and regulations and his authority to make contracts, and to issue leases, permits, rights-of-way, or easements shall not be impaired by the withdrawal. To the extent that any such land is also subject to the provisions of paragraph (a) of this section, the provisions of that subsection shall govern.</P>
                <P>(c) As provided in section 21(e) of the Act, so long as there are no substantial revenues from real property interests conveyed pursuant to this Act and the lands are not subject to State and local real property taxes, such lands shall continue to receive forest fire protection services from the United States at no cost. The Secretary will promulgate criteria, after consultation with the concerned Native corporations and the State of Alaska, for determining when substantial revenues are accruing as to lands for which forest fire protection services are furnished by the Department of the Interior and no discontinuance of such service will be ordered by the Secretary unless he finds, after notice and opportunity for submission of views, that such discontinuance is in conformity with the criteria.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.2</SECTNO>
                <SUBJECT>Application procedures for land selections.</SUBJECT>
                <P>(a) Applications for land selections must be filed on forms approved by the Director, Bureau of Land Management. Applications must be filed in accordance with subpart 1821 of this chapter.</P>
                <P>(b) Each regional corporation shall submit with its initial application under this section a copy of the resolution authorizing the individual filing the application to do so.</P>
                <P>(c) Each village corporation under subpart 2651 of this chapter must submit with its initial application under this section a certificate of incorporation, evidence of approval of its articles of incorporation by the regional corporation for that region, and a copy of the authorization of the individual filing the application to do so.</P>
                <P>(d)(1) Regional and village corporations authorized by the act subsequently filing additional or amendatory applications need only refer to the serial number of the initial filing.</P>
                <P>(2) Any change of the officer authorized to act for any corporation in the matter of land selections should be promptly submitted to the appropriate office of the Bureau of Land Management.</P>
                <P>(e)(1) If the lands applied for are surveyed, the legal description of the lands in accordance with the official plats of survey shall be used.</P>
                <P>(2) If the lands applied for are unsurveyed, they shall be described by protraction diagrams.</P>
                <P>(3) If the lands applied for are not surveyed and are not covered by protraction diagrams, they must be described by metes and bounds commencing at a readily identifiable topographic feature, such as a mountain peak, mouth of a stream, etc., or a monumented point of known position, such as a triangulation station, and the description must be accompanied by a topographic map delineating the boundary of the area applied for.</P>
                <P>(4) Where 1:63,360 U.S.G.S. quadrangle maps with the protraction diagram plotted thereon have been published, these maps shall be used to portray and describe the lands applied for. Where 1:63,360 U.S.G.S. quadrangle maps with the protraction diagram plotted thereon have not been published, then the 1:250,000 U.S.G.S. quadrangle maps with the protraction diagrams plotted thereon shall be used.</P>

                <P>(5) If the written description shown on the application and the map portrayal accompanying the application do not agree the delineation shown on the map shall be controlling.<PRTPAGE P="188"/>
                </P>
                <P>(f) The selected areas may be adjusted by the Secretary with the consent of the applicant and amendment of the application by the applicant, provided that the adjustment will not create an excess over the selection entitlement.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.3</SECTNO>
                <SUBJECT>Lawful entries, lawful settlements, and mining claims.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.3-1</SECTNO>
                <SUBJECT>Lawful entries and lawful settlements.</SUBJECT>
                <P>(a) Pursuant to sections 14(g) and 22(b) of the Act, all conveyances issued under the act shall exclude any lawful entries or entries which have been perfected under, or are being maintained in compliance with, laws leading to the acquisition of title, but shall include land subject to valid existing rights of a temporary or limited nature such as those created by leases (including leases issued under section 6(g) of the Alaska Statehood Act), contracts, permits, rights-of-way, or easements.</P>

                <P>(b) The right of use and occupancy of persons who initiated lawful settlement or entry of land, prior to August 31, 1971, is protected: <E T="03">Provided,</E> That:</P>
                <P>(1) Occupancy has been or is being maintained in accordance with the appropriate public land law, and</P>
                <P>(2) Settlement or entry was not in violation of Public Land Order 4582, as amended. Any person who entered or settled upon land in violation of that public land order has gained no rights.</P>
                <P>(c) In the event land excluded from conveyance under paragraph (a) of this section reverts to the United States, the grantee or his successor in interest shall be afforded an opportunity to acquire such land by exchange pursuant to section 22(f) of the Act.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.3-2</SECTNO>
                <SUBJECT>Mining claims.</SUBJECT>
                <P>(a) <E T="03">Possessory rights.</E> Pursuant to section 22(c) of the Act, on any lands to be conveyed to village or regional corporations, any person who prior to August 31, 1971, initiated a valid mining claim or location, including millsites, under the general mining laws and recorded notice thereof with the appropriate State or local office, shall not be challenged by the United States as to his possessory rights, if all requirements of the general mining laws are met. However, the validity of any unpatented mining claim may be contested by the United States, the grantee of the United States or its successor in interest, or by any person who may initiate a private contest. Contest proceedings and appeals therefrom shall be to the Interior Board of Land Appeals.</P>
                <P>(b) <E T="03">Patent requirements met.</E> An acceptable mineral patent application must be filed with the appropriate Bureau of Land Management office not later than December 18, 1976, on lands conveyed to village or regional corporations.</P>
                <P>(1) Upon a showing that a mineral survey cannot be completed by December 18, 1976, the filing of an application for a mineral survey, which states on its face that it was filed for the purpose of proceeding to patent, will constitute an acceptable mineral patent application, provided all applicable requirements under the general mining laws have been met.</P>
                <P>(2) The failure of an applicant to prosecute diligently his application for mineral patent to completion will result in the loss of benefits afforded by section 22(c) of the Act.</P>
                <P>(3) The appropriate office of the Bureau of Land Management shall give notice of the filing of an application under this section to the village or regional corporation which has selection rights in the land covered by the application.</P>
                <P>(c) <E T="03">Patent requirements not met.</E> Any mineral patent application filed after December 18, 1976, on land conveyed to any village or regional corporation pursuant to this Act, will be rejected for lack of departmental jurisdiction. After that date, patent applications may continue to be filed on land not conveyed to village or regional corporations until such land is conveyed.</P>
                <SECAUTH>(43 U.S.C. 1601-1624)</SECAUTH>
                <CITA>[38 FR 14218, May 30, 1973, as amended at 40 FR 33174, Aug. 6, 1975]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.4</SECTNO>
                <SUBJECT>Conveyance reservations.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.4-1</SECTNO>
                <SUBJECT>Existing rights and contracts.</SUBJECT>

                <P>Any conveyance issued for surface and subsurface rights under this act will be subject to any lease, contract, <PRTPAGE P="189"/>permit, right-of-way, or easement and the rights of the lessee, contractee, permittee, or grantee to the complete enjoyment of all rights, privileges, and benefits thereby granted him.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.4-2</SECTNO>
                <SUBJECT>Succession of interest.</SUBJECT>
                <P>Upon issuance of any conveyance under this authority, the grantee thereunder shall succeed and become entitled to any and all interests of the State of Alaska or of the United States as lessor, contractor, permitter, or grantor, in any such lease, contract, permit, right-of-way, or easement covering the estate conveyed, subject to the provisions of section 14(g) of the Act.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.4-3</SECTNO>
                <SUBJECT>Administration.</SUBJECT>
                <P>Leases, contracts, permits, rights-of-way, or easements granted prior to the issuance of any conveyance under this authority shall continue to be administered by the State of Alaska or by the United States after the conveyance has been issued, unless the responsible agency waives administration. Where the responsible agency is an agency of the Department of the Interior, administration shall be waived when the conveyance covers all the land embraced within a lease, contract, permit, right-of-way, or easement, unless there is a finding by the Secretary that the interest of the United States requires continuation of the administration by the United States. In the latter event, the Secretary shall not renegotiate or modify any lease, contract, right-of-way or easement, or waive any right or benefit belonging to the grantee until he has notified the grantee and allowed him an opportunity to present his views.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.4-4</SECTNO>
                <SUBJECT>Revenues. [Reserved]</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.4-5</SECTNO>
                <SUBJECT>National forest lands.</SUBJECT>
                <P>Every conveyance which includes lands within the boundaries of a national forest shall, as to such lands, contain reservations that:</P>
                <P>(a) Until December 18, 1976, the sale of any timber from the land is subject to the same restrictions relating to the export of timber from the United States as are applicable to national forest lands in Alaska under rules and regulations of the Secretary of Agriculture; and,</P>
                <P>(b) Until December 18, 1983, the land shall be managed under the principles of sustained yield and under management practices for protection and enhancement of environmental quality no less stringent than such management practices on adjacent national forest lands.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.4-6</SECTNO>
                <SUBJECT>National wildlife refuge system lands.</SUBJECT>
                <P>(a) Every conveyance which includes lands within the national wildlife refuge system shall, as to such lands, provide that the United States has the right of first refusal so long as such lands remain within the system. The right of first refusal shall be for a period of 120 days from the date of notice to the United States that the owner of the land has received a bona fide offer of purchase. The United States shall exercise such right of first refusal by written notice to the village corporation within such 120-day period. The United States shall not be deemed to have exercised its right of first refusal if the village corporation does not consummate the sale in accordance with the notice to the United States.</P>
                <P>(b) Every conveyance which covers lands lying within the boundaries of a national wildlife refuge in existence on December 18, 1971, shall provide that the lands shall remain subject to the laws and regulations governing use and development of such refuge so long as such lands remain in the refuge. Regulations governing use and development of refuge lands conveyed pursuant to section 14 shall permit such uses that will not materially impair the values for which the refuge was established.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.4-7</SECTNO>
                <SUBJECT>Public easements.</SUBJECT>
                <P>(a) <E T="03">General requirements.</E> (1) Only public easements which are reasonably necessary to guarantee access to publicly owned lands or major waterways and the other public uses which are contained in these regulations, or to guarantee international treaty obligations shall be reserved.</P>

                <P>(2) In identifying appropriate public easements assessment shall be made in writing of the use and purpose to be accommodated.<PRTPAGE P="190"/>
                </P>
                <P>(3) The primary standard for determining which public easements are reasonably necessary for access shall be present existing use. However, a public easement may be reserved absent a demonstration of present existing use only if it is necessary to guarantee international treaty obligations, if there is no reasonable alternative route or site available, or if the public easement is for access to an isolated tract or area of publicly owned land. When adverse impacts on Native culture, lifestyle, and subsistence needs are likely to occur because of the reservation of a public easement, alternative routes shall be assessed and reserved where reasonably available. The natural environment and other relevant factors shall also be considered.</P>
                <P>(4) All public easements which are reserved shall be specific as to use, location, and size. Standard sizes and uses which are delineated in this subsection may be varied only when justified by special circumstances.</P>
                <P>(5) Transportation, communication, and utility easements shall be combined where the combination of such easements is reasonable considering the primary purposes for which easement is to be reserved.</P>
                <P>(6) Public easements may be reserved to provide access to present existing Federal, State, or municipal corporation sites; these sites themselves shall not be reserved as public easements. Unless otherwise justified, access to these sites shall be limited to government use.</P>
                <P>(7) Scenic easements or easements for recreation on lands conveyed pursuant to the Act shall not be reserved. Nor shall public easements be reserved to hunt or fish from or on lands conveyed pursuant to the Act.</P>
                <P>(8) The identification of needed easements and major waterways shall include participation by appropriate Natives and Native corporations, LUPC, State, Federal agencies, and other members of the public.</P>
                <P>(9) After reviewing the identified easements needs, the Director shall tentatively determine which easements shall be reserved. Tentative determinations of major waterways shall also be made by the Director and shall apply to rivers, streams, and lakes. All lakes over 640 acres in size shall be screened to determine if they qualify as major waterways. Those smaller than 640 acres may be considered on a case-by-case basis. The Director shall issue a notice of proposed easements which notifies all parties that participated in the development of the easement needs and information on major waterways as to the tentative easement reservations and which directs that all comments be sent to the LUPC and the Director.</P>
                <P>(10) The State and the LUPC shall be afforded 90 days after notice by the Director to make recommendations with respect to the inclusion of public easements in any conveyance. If the Director does not receive a recommendation from the LUPC or the State within the time period herein called for, he may proceed with his determinations.</P>
                <P>(11) Prior to making a determination of public easements to be reserved, the Director shall review the recommendations of the LUPC, appropriate Native corporation(s), other Federal agencies, the State, and the public. Consideration shall be given to recommendations for public easement reservations which are timely submitted to the Bureau of Land Management and accompanied by written justification.</P>
                <P>(12) The Director, after such review, shall prepare a decision to convey that includes all necessary easements and other appropriate terms and conditions relating to conveyance of the land. If the decision prepared by the Director is contrary to the LUPC's recommendations, he shall notify the LUPC of the variance(s) and shall afford the LUPC 10 days in which to document the reasons for its disagreement before making his final decision. The Director shall then issue a Decision to Issue Conveyance (DIC).</P>

                <P>(13) The Director shall terminate a public easement if it is not used for the purpose for which it was reserved by the date specified in the conveyance, if any, or by December 18, 2001, whichever occurs first, He may terminate an easement at any time if he finds that conditions are such that its retention is no longer needed for public use or governmental function. However, the Director shall not terminate an access easement to isolated tracts of publicly owned <PRTPAGE P="191"/>land solely because of the absence of proof of public use. Public easements which have been reserved to guarantee international treaty obligations shall not be terminated unless the Secretary determines that the reasons for such easements no longer justify the reservation. No public easement shall be terminated without proper notice and an opportunity for submission of written comments or for a hearing if a hearing is deemed to be necessary by either the Director or the Secretary.</P>
                <P>(b) <E T="03">Transportation easements.</E> (1) Public easements for transportation purposes which are reasonably necessary to guarantee the public's ability to reach publicly owned lands or major waterways may be reserved across lands conveyed to Native corporations. Such purposes may also include transportation to and from communities, airports, docks, marine coastline, groups of private holdings sufficient in number to constitute a public use, and government reservations or installations. Public easements may also be reserved for railroads. If public easements are to be reserved, they shall:</P>
                <P>(i) Be reserved across Native lands only if there is no reasonable alternative route of transportation across publicly owned lands;</P>
                <P>(ii) Within the standard of reasonable necessity, be limited in number and not duplicative of one another (nonduplication does not preclude separate easements for winter and summer trails, if otherwise justified);</P>
                <P>(iii) Be subject only to specific uses and sizes which shall be placed in the appropriate interim conveyance and patent documents;</P>
                <P>(iv) Follow existing routes of travel unless a variance is otherwise justified;</P>
                <P>(v) Be reserved for future roads, including railroads and roads for future logging operations, only if they are site specific and actually planned for construction within 5 years of the date of conveyance;</P>
                <P>(vi) Be reserved in topographically suitable locations whenever the location is not otherwise determined by an existing route of travel or when there is no existing site;</P>
                <P>(vii) Be reserved along the marine coastline only to preserve a primary route of travel between coastal communities, publicly owned uplands, or coastal communities and publicly owned uplands;</P>
                <P>(viii) Be reserved from publicly owned uplands to the marine coastline only if significant present existing use has occurred on those publicly owned lands below the line of mean high tide. However, for isolated tracts of publicly owned uplands, public easements may be reserved to provide transportation from the marine coastline if there is no other reasonable transportation route;</P>
                <P>(ix) Be reserved along major waterways only to provide short portages or transportation routes around obstructions. However, this condition does not preclude the reservation of a trail or road easement which happens to run alongside a waterway;</P>
                <P>(x) Not be reserved on the beds of major waterways except where use of the bed is related to road or trail purposes, portaging, or changing the mode of travel between water and land (e.g., launching or landing a boat); a specific portion of the bed or shore of the waterway which is necessary to provide portage or transportation routes around obstructions, including those that are dangerous or impassible or seasonably dangerous or impassible, may be reserved.</P>
                <P>(xi) Not be reserved on the beds of nonmajor waterways except where use of the beds is related to road or trail purposes. However, this exception shall not be used to reserve a continuous linear easement on the streambed to facilitate access by boat.</P>
                <P>(xii) Not be reserved simply to reflect patterns of Native use on Native lands;</P>
                <P>(xiii) Not be reserved for the purpose of protecting Native stockholders from their respective corporations;</P>
                <P>(xiv) Not be reserved on the basis of subsistence use of the lands of one village by residents of another village.</P>

                <P>(2) Transportation easements shall be limited to roads and sites which are related to access. The use of these easements shall be controlled by applicable Federal, State, or municipal corporation laws or regulations. The uses stated herein will be specified in the interim conveyance and patent documents as permitted uses of the easement.<PRTPAGE P="192"/>
                </P>
                <P>(i) The width of a trail easement shall be no more than 25 feet if the uses to be accommodated are for travel by foot, dogsleds, animals, snowmobiles, two and three-wheel vehicles, and small all-terrain vehicles (less than 3,000 lbs. G.V.W.);</P>
                <P>(ii) The width of a trail easement shall be no more than 50 feet if the uses to be accommodated are for travel by large all-terrain vehicles (more than 3,000 lbs. G.V.W.), track vehicles and 4-wheel drive vehicles, in addition to the uses included under paragraph (b)(2)(i) of this section;</P>
                <P>(iii) The width of an existing road easement shall be no more than 60 feet if the uses to be accommodated are for travel by automobiles or trucks in addition to the uses included under paragraphs (b)(2) (i) and (ii) of this section. However, if an existing road is wider than 60 feet, the specific public easement may encompass that wider width. For proposed roads, including U.S. Forest Service logging roads, the width of the public easement shall be 100 feet, unless otherwise justified. Prior to construction, trail uses which are included under paragraphs (b)(2) (i) and (ii) of this section may be permitted if otherwise justified and may continue if the road is not built. If after the road has been constructed a lesser width is sufficient to accommodate the road, the Director shall reduce the size of the easement to that width.</P>
                <P>(iv) The width of a proposed railroad easement shall be 100 feet on either side of the center line of any such railroad.</P>
                <P>(3) <E T="03">Site easements.</E> Site easements which are related to transportation may be reserved for aircraft landing or vehicle parking (e.g., aircraft, boats, ATV's, cars, trucks), temporary camping, loading or unloading at a trail head, along an access route or waterway, or within a reasonable distance of a transportation route or waterway where there is a demonstrated need to provide for transportation to publicly owned lands or major waterways. Temporary camping, loading, or unloading shall be limited to 24 hours. Site easements shall not be reserved for recreational use such as fishing, unlimited camping, or other purposes not associated with use of the public easement for transportation. Site easements shall not be reserved for future logging or similar operations (e.g., log dumps, campsites, storage or staging areas). Before site easements are reserved on transportation routes or on major waterways, a reasonable effort shall be made to locate parking, camping, beaching, or aircraft landing sites on publicly owned lands; particularly, publicly owned lands in or around communities, or bordering the waterways. If a site easement is to be reserved, it shall:</P>
                <P>(i) Be subject to the provisions of paragraphs (b)(1) (ii), (iii), (vi), (xii), (xiii), and (xiv) of this section.</P>
                <P>(ii) Be no larger than one acre in size and located on existing sites unless a variance is in either instance, otherwise justified;</P>
                <P>(iii) Be reserved on the marine coastline only at periodic points along the coast where they are determined to be reasonably necessary to facilitate transportation on coastal waters or transportation between coastal waters and publicly owned uplands;</P>
                <P>(iv) Be reserved only at periodic points on major waterways. Uses shall be limited to those activities which are related to travel on the waterway or to travel between the waterway and publicly owned lands. Also, periodic site easements shall be those necessary to allow a reasonable pattern of travel on the waterway;</P>
                <P>(v) Be reserved for aircraft landing strips only if they have present significant use and are a necessary part of a transportation system for access to publicly owned lands and are not suitable for reservation under section 14(c)(4) of the Act. Any such easement shall encompass only that area which is used for takeoffs and landings and any clear space around such site that is needed for parking or public safety.</P>
                <P>(c) <E T="03">Miscellaneous easements.</E> The public easements referred to in this subsection which do not fall into the categories above may be reserved in order to continue certain uses of publicly owned lands and major waterways. These public easements shall be limited in number. The identification and size of these public easements may vary from place to place depending upon particular circumstances. When <PRTPAGE P="193"/>not controlled by applicable law or regulation, size shall not exceed that which is reasonably necessary for the purposes of the identified easement. Miscellaneous easements may be reserved for the following purposes:</P>
                <P>(1) Public easements which are for utility purposes (e.g., water, electricity, communications, oil, gas, and sewage) may be reserved and shall be based upon present existing use. Future easements for these purposes may also be reserved, but only if they are site specific and actually planned for construction within 5 years of the date of conveyance;</P>
                <P>(2) Easements for air light or visibility purposes may be reserved if required to insure public safety or to permit proper use of improvements developed for public benefit or use; e.g., protection for aviation or navigation aids or communications sites;</P>
                <P>(3) Public easements may be reserved to guarantee international treaty obligations or to implement any agreement entered into between the United States and the Native Corporation receiving the conveyance. For example, the agreement of May 14, 1974, related to Naval Petroleum Reserve Number Four (redesignated June 1, 1977, as the National Petroleum Reserve-Alaska) between the United States Department of the Navy and the Arctic Slope Regional Corporation and four Native village corporations, shall be incorporated in the appropriate conveyances and the easements necessary to implement the agreement shall be reserved.</P>
                <P>(d) <E T="03">Conveyance provisions.</E> (1) Public easement provisions shall be placed in interim conveyances and patents.</P>
                <P>(2) Permissible uses of a specific easement shall be listed in the appropriate conveyance document. The conveyance documents shall include a general provision which states that uses which are not specifically listed are prohibited.</P>
                <P>(3) The easements shall be identified on appropriate maps which shall be part of the pertinent interim conveyance and patent.</P>
                <P>(4) All public easement shall be reserved to the United States and subject, as appropriate, to further Federal, State, or municipal corporation regulation.</P>
                <P>(5) All conveyance documents shall contain a general provision which states that pursuant to section 17(b)(2) of the Act, any valid existing right recognized by the Act shall continue to have whatever right of access as is now provided for under existing law.</P>
                <CITA>[43 FR 55329, Nov. 27, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.5</SECTNO>
                <SUBJECT>Survey requirements.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.5-1</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <P>(a) Selected areas are to be surveyed as provided in section 13 of the Act. Any survey or description used as a basis for conveyance must be adequate to identify the lands to be conveyed.</P>
                <P>(b) The following procedures shall be used to determine what acreage is not to be charged against Native entitlement:</P>

                <P>(1) For any approved plat of survey where meanderable water bodies were not segregated from the survey but were included in the calculation of acreage to be charged against the Native corporation's land entitlement, the chargeable acreage shall, at no cost to the Native corporation, be recalculated to conform to the principles contained in the Bureau of Land Management's <E T="03">Manual of Surveying Instructions,</E> 1973, except as modified by this part. Pursuant to such principles, the acreage of meanderable water bodies, as modified by this part, shall not be included in the acreage charged against the Native corporation's land entitlement.</P>

                <P>(2) For any plat of survey approved after December 5, 1983, water bodies shall be meandered and segregated from the survey in accordance with the principles contained in the Bureau of Land Management's <E T="03">Manual of Surveying Instructions,</E> 1973, as modified by this part, as the basis for determining acreage chargeability.</P>
                <P>(3) If title to lands beneath navigable waters, as defined in the Submerged Lands Act, of a lake less than 50 acres in size or a river or stream less than 3 chains in width did not vest in the State on the date of Statehood, such lake, river or stream shall not be meandered and shall be charged against the Native corporation's entitlement.</P>

                <P>(4) Any determinations of meanders which may be made pursuant to this <PRTPAGE P="194"/>paragraph shall not require monumentation on the ground unless specifically required by law or for good cause in the public interest.</P>
                <CITA>[38 FR 14218, May 30, 1973, as amended at 50 FR 15547, Apr. 19, 1985]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.5-2</SECTNO>
                <SUBJECT>Rule of approximation.</SUBJECT>
                <P>To assure full entitlement, the rule of approximation may be applied with respect to the acreage limitations applicable to conveyances and surveys under this authority, i.e., any excess must be less than the deficiency would be if the smallest legal subdivision were eliminated (see 62 I.D. 417, 421).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.5-3</SECTNO>
                <SUBJECT>Regional surveys.</SUBJECT>
                <P>Lands to be conveyed to a regional corporation, when selected in contiguous units, shall be grouped together for the purpose of survey and surveyed as one tract, with monuments being established on the exterior boundary at angle points and at intervals of approximately 2 miles on straight lines. If requested by the grantee, the Secretary may survey, insofar as practicable, the individual selections that comprise the total tract.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.5-4</SECTNO>
                <SUBJECT>Village surveys.</SUBJECT>
                <P>(a) Only the exterior boundaries of contiguous entitlements for each village corporation will be surveyed. Where land within the outer perimeter of a selection is not selected, the boundaries along the area excluded shall be deemed exterior boundaries. The survey will be made after the total acreage entitlement of the village has been selected.</P>
                <P>(b) Surveys will be made within the village corporation selections to delineate those tracts required by law to be conveyed by the village corporations pursuant to section 14(c) of the Act.</P>
                <P>(c) (1) The boundaries of the tracts described in paragraph (b) of this section shall be posted on the ground and shown on a map which has been approved in writing by the affected village corporation and submitted to the Bureau of Land Management. Conflicts arising among potential transferees identified in section 14(c) of the Act, or between the village corporation and such transferees, will be resolved prior to submission of the map. Occupied lots to be surveyed will be those which were occupied as of December 18, 1971.</P>
                <P>(2) Lands shown by the records of the Bureau of Land Management as not having been conveyed to the village corporation will be excluded by adjustments on the map by the Bureau of Land Management. No surveys shall begin prior to final written approval of the map by the village corporation and the Bureau of Land Management. After such written approval, the map will constitute a plan of survey. Surveys will then be made in accordance with the plan of survey. No further changes will be made to accommodate additional section 14(c) transferees, and no additional survey work desired by the village corporation or municipality within the area covered by the plan of survey or immediately adjacent thereto will be performed by the Secretary.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.5-5</SECTNO>
                <SUBJECT>Cemetery sites and historical places.</SUBJECT>
                <P>Only those cemetery sites and historical places to be conveyed under section 14(h)(1) of the Act shall be surveyed.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.5-6</SECTNO>
                <SUBJECT>Adjustment to plat of survey.</SUBJECT>
                <P>All conveyances issued for lands not covered by officially approved surveys of the Bureau of Land Management shall note that upon the filing of an official plat of survey, the boundary of the selected area, described in terms of protraction diagrams or by metes and bounds, shall be redescribed in accordance with the plats of survey. However, no change will be made in the land selected.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.6</SECTNO>
                <SUBJECT>Selection limitations.</SUBJECT>

                <P>(a) Notwithstanding any other provisions of the act, no village or regional corporation may select lands which are within 2 miles from the boundary of any home rule or first-class city (excluding boroughs) as the boundaries existed and the cities were classified on December 18, 1971, or which are within 6 miles from the boundary of Ketchikan, except that a village corporation organized by Natives of a community which is itself a first class or home-rule city is not prohibited from making selections within 2 miles from the <PRTPAGE P="195"/>boundary of that first class or home-rule city, unless such selections fall within 2 miles from the boundary of another first class or home-rule city which is not itself a Native village or within 6 miles from the boundary of Ketchikan.</P>
                <P>(b) Determination as to which cities were classified as home rule or first class as of December 18, 1971, and their boundaries as of that date will be made in accordance with the laws of the State of Alaska.</P>
                <P>(c) If any village corporation whose land withdrawals encompass Dutch Harbor is found eligible under this act, it may select lands pursuant to subpart 2651 of this chapter and receive a conveyance under the terms of section 14(a) of the Act.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.7</SECTNO>
                <SUBJECT>Publication.</SUBJECT>
                <P>In order to determine whether there are any adverse claimants to the land, the applicant should publish notice of his application. If the applicant decides to avail himself of the privilege of publishing a notice to all adverse claimants and requests it, the authorized officer will prepare a notice for publication. The publication will be in accordance with the following procedure:</P>
                <P>(a) The applicant will have the notice published allowing all persons claiming the land adversely to file in the appropriate land office their objections to the issuance of any conveyance. The notice shall be published once a week for 4 consecutive weeks in a newspaper of general circulation.</P>
                <P>(b) The applicant shall file a statement of the publisher, accompanied by a copy of the published notice, showing that publication has been had for 4 consecutive weeks. The applicant must pay the cost of publication.</P>
                <P>(c) Any adverse claimant must serve on the applicant a copy of his objections and furnish evidence of service thereof to the appropriate land office.</P>

                <P>(d) For all land selections made under the Act, in order to give actual notice of the decision of the Bureau of Land Management proposing to convey lands, the decision shall be served on all known parties of record who claim to have a property interest or other valid existing right in land affected by such decision, the appropriate regional corporation, and any Federal agency of record. In order to give constructive notice of the decision to any unknown parties, or to known parties who cannot be located after reasonable efforts have been expended to locate, who claim a property interest or other valid existing right in land affected by the decision, notice of the decision shall be published once in the <E T="04">Federal Register</E> and, once a week, for four (4) consecutive weeks, in one or more newspapers of general circulation in the State of Alaska nearest the locality where the land affected by the decision is situated, if possible. Any decision or notice actually served on parties or constructively served on parties in accord with this subsection shall state that any party claiming a property interest in land affected by the decision may appeal the decision to the Board of Land Appeals. The decision or notice of decision shall also state that:</P>
                <P>(1) Any party receiving actual notice of the decision shall have 30 days from the receipt of actual notice to file an appeal; and,</P>

                <P>(2) That any unknown parties, any parties unable to be located after reasonable efforts have been expended to locate, and any parties who failed or refused to sign a receipt for actual notice, shall have 30 days from the date of publication in the <E T="04">Federal Register</E> to file an appeal. Furthermore, the decision or notice of decision shall inform readers where further information on the manner of, and requirements for, filing appeal may be obtained, and shall also state that any party known or unknown who may claim a property interest which is adversely affected by the decision shall be deemed to have waived their rights which were adversely affected unless an appeal is filed in accordance with the requirements stated in the decisions or notices provided for in this subsection and the regulation governing such appeals set out in 43 CFR part 4, subpart E.</P>
                <CITA>[38 FR 14218, May 30, 1973, as amended at 41 FR 14737, Apr. 7, 1976; 41 FR 17909, Apr. 29, 1976; 49 FR 6373, Feb. 21, 1984]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2650.8</SECTNO>
                <SUBJECT>Appeals.</SUBJECT>

                <P>Any decision relating to a land selection shall become final unless appealed <PRTPAGE P="196"/>to the Board of Land Appeals by a person entitled to appeal, under, and in accordance with, subpart E of part 4, 43 CFR.</P>
                <SECAUTH>(43 U.S.C. 1601-1624)</SECAUTH>
                <CITA>[40 FR 33175, Aug. 6, 1975]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2651—Village Selections</HD>
              <SECTION>
                <SECTNO>§ 2651.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>Sections 12 and 16(b) of the Act provide for the selection of lands by eligible village corporations.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2651.1</SECTNO>
                <SUBJECT>Entitlement.</SUBJECT>
                <P>(a) Village corporations eligible for land benefits under the Act shall be entitled to a conveyance to the surface estate in accordance with sections 14(a) and 16(b) of the Act.</P>
                <P>(b) In addition to the land benefits in paragraph (a) of this section, each eligible village corporation shall be entitled to select and receive a conveyance to the surface estate for such acreage as is reallocated to the village corporation in accordance with section 12(b) of the Act.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2651.2</SECTNO>
                <SUBJECT>Eligibility requirements.</SUBJECT>
                <P>(a) Pursuant to sections 11(b) and 16(a) of the Act, the Director, Juneau Area Office, Bureau of Indian Affairs, shall review and make a determination, not later than December 19, 1973, as to which villages are eligible for benefits under the act.</P>
                <P>(1) <E T="03">Review of listed native villages.</E> The Director, Juneau Area Office, Bureau of Indian Affairs, shall make a determination of the eligibility of villages listed in section 11(b)(1) and 16(a) of the Act. He shall investigate and examine available records and evidence that may have a bearing on the character of the village and its eligibility pursuant to paragraph (b) of this section.</P>
                <P>(2) <E T="03">Findings of fact and notice of proposed decision.</E> After completion of the investigation and examination of records and evidence with respect to the eligibility of a village listed in sections 11(b)(1) and 16(a) of the Act for land benefits, the Director, Juneau Area Office, Bureau of Indian Affairs, shall publish in the <E T="04">Federal Register</E> and in one or more newspapers of general circulation in Alaska his proposed decision with respect to such eligibility and shall mail a copy of the proposed decision to the affected village, all villages located in the region in which the affected village is located, all regional corporations within the State of Alaska and the State of Alaska. His proposed decision is subject to protest by any interested party within 30 days of the publication of the proposed decision in the <E T="04">Federal Register</E>. If no valid protest is received within the 30-day period, such proposed decision shall become final and shall be published in the <E T="04">Federal Register</E>. If the final decision is in favor of a listed village, the Director, Juneau Area Office, Bureau of Indian Affairs, shall issue a certificate as to the eligibility of the village in question for land benefits under the act, and certify the record and the decision to the Secretary. Copies of the final decisions and certificates of village eligibility shall be mailed to the affected village, all villages located in the region in which the affected village is located, all regional corporations within the State of Alaska, and the state of Alaska.</P>
                <P>(3) <E T="03">Protest.</E> Within 30 days from the date of publication of the proposed decision in the <E T="04">Federal Register</E>, any interested party may protest a proposed decision as to the eligibility of a village. No protest shall be considered which is not accompanied by supporting evidence. The protest shall be mailed to the Director, Juneau Area Office, Bureau of Indian Affairs.</P>
                <P>(4) <E T="03">Action on protest.</E> Upon receipt of a protest, the Director, Juneau Area Office, Bureau of Indian Affairs, shall examine and evaluate the protest and supporting evidence required herein, together with his record of findings of fact and proposed decision, and shall render a decision on the eligibility of the Native village that is the subject of the protest. Such decision shall be rendered within 30 days from the receipt of the protest and supporting evidence by the Director, Juneau Area Office, Bureau of Indian Affairs. The decision of the Director, Juneau Area Office, Bureau of Indian Affairs, shall be published in the <E T="04">Federal Register</E> and in one or more newspapers of general circulation in the State of Alaska and a copy of the decision and findings of <PRTPAGE P="197"/>fact upon which the decision is based shall be mailed to the affected village, all villages located in the region in which the affected village is located, all regional corporations within the State of Alaska, the State of Alaska, and any other party of record. Such decision shall become final unless appealed to the Secretary by a notice filed within 30 days of its publication in the <E T="04">Federal Register</E> in accordance with the regulations governing appeals set out in 43 CFR part 4, subpart E.</P>
                <P>(5) <E T="03">Action on appeals.</E> Appeals shall be made to the Board of Land Appeals in accordance with subpart E of part 4 of this title. Decisions of the Board on village eligibility appeals are not final until personally approved by the Secretary.</P>
                <P>(6) <E T="03">Applications by unlisted villages for determination of eligibility.</E> The head or any authorized subordinate officer of a Native village not listed in section 11(b) of the Act may file on behalf of the unlisted village an application for a determination of its eligibility for land benefits under the act. Such application shall be filed in duplicate with the Director, Juneau Area Office, Bureau of Indian Affairs, prior to September 1, 1973. If the application does not constitute prima facie evidence of compliance with the requirements of paragraph (b) of this section, he shall return the application to the party filing the same with a statement of reasons for return of the application, but such filing, even if returned, shall constitute timely filing of the application. The Director, Juneau Area Office, Bureau of Indian Affairs, shall immediately forward an application which appears to meet the criteria for eligibility to the appropriate office of the Bureau of Land Management for filing. Each application must identify the township or townships in which the Native village is located.</P>
                <P>(7) <E T="03">Segregation of land.</E> The receipt of the selection application for filing by the Bureau of Land Management shall operate to segregate the lands in the vicinity of the village as provided in sections 11(a)(1) and (2) of the Act.</P>
                <P>(8) <E T="03">Action on application for eligibility.</E> Upon receipt of an application which appears to meet the criteria for eligibility, the Director, Juneau Area Office, Bureau of Indian Affairs, shall have a notice of the filing of the application published in the <E T="04">Federal Register</E> and in one or more newspapers of general circulation in Alaska and shall promptly review the statements contained in the application. He shall investigate and examine available records and evidence that may have a bearing on the character of the village and its eligibility pursuant to this subpart 2651, and thereafter make findings of fact as to the character of the village. No later than December 19, 1973, the Director, Juneau Area Office, Bureau of Indian Affairs, shall make a determination as to the eligibility of the village as a Native village for land benefits under the act and shall issue a decision. He shall publish his decision in the <E T="04">Federal Register</E> and in one or more newspapers of general circulation in Alaska and shall mail a copy of the decision to the representative or representatives of the village, all villages in the region in which the village is located, all regional corporations, and the State of Alaska.</P>
                <P>(9) <E T="03">Protest to eligibility determination.</E> Any interested party may protest a decision of the Director, Juneau Area Office, Bureau of Indian Affairs, regarding the eligibility of a Native village for land benefits under the provisions of sections 11(b)(3)(A) and (B) of the Act by filing a notice of protest with the Director, Juneau Area Office, Bureau of Indian Affairs, within 30 days from the date of publication of the decision in the <E T="04">Federal Register</E>. A copy of the protest must be mailed to the representative or representatives of the village, all villages in the region in which the village is located, all regional corporations within Alaska, the State of Alaska, and any other parties of record. If no protest is received within the 30-day period, the decision shall become final and the Director, Juneau Area Office, Bureau of Indian Affairs, shall certify the record and the decision to the Secretary. No protest shall be considered which is not accompanied by supporting evidence. Anyone protesting a decision concerning the eligibility or ineligibility of an unlisted Native village shall have the burden of proof in establishing that the <PRTPAGE P="198"/>decision is incorrect. Anyone appealing a decision concerning the eligibility or ineligibility of an unlisted Native village shall have the burden of proof in establishing that the decision is incorrect.</P>
                <P>(10) <E T="03">Action on protest appeal.</E> Upon receipt of a protest, the Director, Juneau Area Office, Bureau of Indian Affairs, shall follow the procedure outlined in paragraph (a)(4) of this section. If an appeal is taken from a decision on eligibility, the provisions of paragraph (a)(5) of this section shall apply.</P>
                <P>(b) Except as provided in paragraph (b)(4) of this section, villages must meet each of the following criteria to be eligible for benefits under sections 14(a) and (b) of the Act:</P>
                <P>(1) There must be 25 or more Native residents of the village on April 1, 1970, as shown by the census or other evidence satisfactory to the Secretary. A Native properly enrolled to the village shall be deemed a resident of the village.</P>

                <P>(2) The village shall have had on April 1, 1970, an identifiable physical location evidenced by occupancy consistent with the Natives’ own cultural patterns and life style and at least 13 persons who enrolled thereto must have used the village during 1970 as a place where they actually lived for a period of time: <E T="03">Provided,</E> That no village which is known as a traditional village shall be disqualified if it meets the other criteria specified in this subsection by reason of having been temporarily unoccupied in 1970 because of an act of God or government authority occurring within the preceding 10 years.</P>
                <P>(3) The village must not be modern and urban in character. A village will be considered to be of modern and urban character if the Secretary determines that it possessed all the following attributes as of April 1, 1970:</P>
                <P>(i) Population over 600.</P>
                <P>(ii) A centralized water system and sewage system that serves a majority of the residents.</P>
                <P>(iii) Five or more business establishments which provide goods or services such as transient accommodations or eating establishments, specialty retail stores, plumbing and electrical services, etc.</P>
                <P>(iv) Organized police and fire protection.</P>
                <P>(v) Resident medical and dental services, other than those provided by Indian Health Service.</P>
                <P>(vi) Improved streets and sidewalks maintained on a year-round basis.</P>

                <P>(4) In the case of unlisted villages, a majority of the residents must be Native, but in the case of villages listed in sections 11 and 16 of the Act, a majority of the residents must be Native only if the determination is made that the village is modern and urban pursuant to paragraph (b)(3) of this section.
                </P>
                <SECAUTH>(43 U.S.C. 1601-1624)</SECAUTH>
                <CITA>[38 FR 14218, May 30, 1973, as amended at 40 FR 33175, Aug. 6, 1975; 49 FR 6373, Feb. 21, 1984]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2651.3</SECTNO>
                <SUBJECT>Selection period.</SUBJECT>
                <P>Each eligible village corporation must file its selection application(s) not later than December 18, 1974, under sections 12(a) or 16(b) of the Act; and not later than December 18, 1975, under section 12(b) of the Act.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2651.4</SECTNO>
                <SUBJECT>Selection limitations.</SUBJECT>
                <P>(a) Each eligible village corporation may select the maximum surface acreage entitlement under sections 12(a) and (b) and section 16(b) of the Act. Village corporations selecting lands under sections 12(a) and (b) may not select more than:</P>
                <P>(1) 69,120 acres from land that, prior to January 17, 1969, has been selected by, or tentatively approved to, but not yet patented to the State under the Alaska Statehood Act; and</P>
                <P>(2) 69,120 acres of land from the National Wildlife Refuge System; and</P>
                <P>(3) 69,120 acres of land from the National Forest System.</P>

                <P>(b) To the extent necessary to obtain its entitlement, each eligible village corporation shall select all available lands within the township or townships within which all or part of the village is located, and shall complete its selection from among all other available lands. Selections shall be contiguous and, taking into account the situation and potential uses of the lands involved, the total area selected shall be reasonably compact, except where separated by lands which are unavailable <PRTPAGE P="199"/>for selection. The total area selected will not be considered to be reasonably compact if (1) it excludes other lands available for selection within its exterior boundaries; or (2) lands which are similar in character to the village site or lands ordinarily used by the village inhabitants are disregarded in the selection process; or (3) an isolated tract of public land of less than 1,280 acres remains after selection.</P>
                <P>(c) The lands selected under sections 12(a) or (b) shall be in whole sections where they are available, or shall include all available lands in less than whole sections, and, wherever feasible, shall be in units of not less than 1,280 acres. Lands selected under section 16(b) of the Act shall conform to paragraph (b) of this section and shall conform as nearly as practicable to the U.S. land survey system.</P>
                <P>(d) Village corporation selections within sections 11 (a)(1) and (a)(3) areas shall be given priority over regional corporation selections for the same lands.</P>
                <P>(e) Village or regional corporations are not required to select lands within an unpatented mining claim or millsite. Unpatented mining claims and millsites shall be deemed to be selected, unless they are excluded from the selection by metes and bounds or other suitable description and there is attached to the selection application a copy of the notice of location and any amendments thereto. If the village or regional corporation selection omits lands within an unpatented mining claim or millsite, this will not be construed as violating the requirements for compactness and contiguity. If, during the selection period, the excepted mining claims or millsites are declared invalid, or under the State of Alaska mining laws are determined to be abandoned, the selection will no longer be considered as compact and contiguous. The corporation shall be required to amend its selection, upon notice from the authorized officer of the Bureau of Land Management, to include the lands formerly included in the mining claim or millsite. If the corporation fails to amend its selection to include such lands, the selection may be rejected.</P>
                <P>(f) Eligible village corporations may file applications in excess of their total entitlement. To insure that a village acquires its selection in the order of its priorities, it should identify its choices numerically in the order it wishes them granted. Such selections must be filed not later than December 18, 1974, as to sections 12(a) or 16(b) selections and December 18, 1975, as to section 12(b) selections.</P>
                <P>(g) Whenever the Secretary determines that a dispute exists between villages over land selection rights, he shall accept, but not act on, selection applications from any party to the dispute until the dispute has been resolved in accordance with section 12(e) of the Act.</P>
                <P>(h) Village or regional corporations may, but are not required to, select lands within pending Native allotments. If the village or regional corporation selection omits lands within a pending Native allotment, this will not be construed as violating the requirements for compactness and contiguity. If, during the selection period, the pending Native allotment is finally rejected and closed, the village or regional corporation may amend its selection application to include all of the land formerly in the Native allotment application, but is not required to do so to meet the requirements for compactness and contiguity.</P>
                <CITA>[38 FR 14218, May 30, 1973, as amended at 39 FR 34543, Sept. 26, 1974; 50 FR 15547, Apr. 19, 1985]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2651.5</SECTNO>
                <SUBJECT>Conveyance reservations.</SUBJECT>
                <P>In addition to the conveyance reservations in § 2650.4 of this chapter, conveyances issued to village corporations shall provide for the transfer of the surface estates specified in section 14(c) of the Act, and shall be subject to valid existing rights under section 14(g) of the Act.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2651.6</SECTNO>
                <SUBJECT>Airport and air navigation facilities.</SUBJECT>

                <P>(a) Every airport and air navigation facility owned and operated by the United States which the Secretary determines is actually used in connection with the administration of a Federal <PRTPAGE P="200"/>program will be deemed a <E T="03">Federal installation</E> under the provisions of section 3(e) of the Act, and the Secretary will determine the smallest practicable tract which shall enclose such Federal installations. Such Federal installations are not public lands as defined in the act and are therefore not <E T="03">lands available for selection</E> under the provisions of these regulations.</P>
                <P>(b) The surface of all other lands of existing airport sites, airway beacons, or other navigation aids, together with such additional acreage or easements as are necessary to provide related services and to insure safe approaches to airport runways, shall be conveyed by the village corporation to the State of Alaska, and the Secretary will include in the conveyance to any village corporation any and all covenants which he deems necessary to insure the fulfillment of this obligation.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2652—Regional Selections</HD>
              <SECTION>
                <SECTNO>§ 2652.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>Sections 12 (a)(1) and (c)(3) provide for selections by regional corporations; and sections 14 (e), (f), (h), (1), (2), (3), (5), and (8), provide for the conveyance to regional corporations of the selected surface and subsurface estates, as appropriate.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2652.1</SECTNO>
                <SUBJECT>Entitlement.</SUBJECT>
                <P>(a) Eligible regional corporations may select the maximum acreage granted pursuant to section 12(c) of the Act. They will be notified by the Secretary of their entitlement as expeditiously as possible.</P>
                <P>(b) Where subsurface rights are not available to the eligible regional corporations in lands whose surface has been conveyed under section 14 of the Act, the regional corporations may select an equal subsurface acreage from lands withdrawn under sections 11(a) (1) and (3) of the Act, within the region, if possible.</P>
                <P>(c) As appropriate, the regional corporations will receive title to the subsurface estate of lands, the surface estate of which is conveyed pursuant to section 14 of the Act.</P>
                <P>(d) If a 13th regional corporation is organized under section 7(c) of the Act, it will not be entitled to any grant of lands.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2652.2</SECTNO>
                <SUBJECT>Selection period.</SUBJECT>
                <P>All regional corporations must file their selection applications not later than December 18, 1975, for lands other than those allocated under section 14(h)(8) of the Act.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2652.3</SECTNO>
                <SUBJECT>Selection limitations.</SUBJECT>
                <P>(a) To the extent necessary to obtain its entitlement, each regional corporation must select all available lands withdrawn pursuant to sections 11(a)(1)(B) and (C) of the Act, before selecting lands withdrawn pursuant to section 11(a)(3) of the Act, except that regional corporations selecting lands withdrawn pursuant to sections 11(a)(1) (B) and (C) may select only even-numbered townships in even-numbered ranges and only odd-numbered townships in odd-numbered ranges.</P>
                <P>(b) Village corporation selections within section 11(a)(1) and section 11(a)(3) areas shall be given priority over regional corporation selections for the same lands.</P>

                <P>(c) Whenever a regional selection is made in any township, the regional corporation shall select all available lands in that township: <E T="03">Provided,</E> That such selection would not exceed the entitlement of that regional corporation.</P>
                <P>(d) Subsurface selections made by a regional corporation pursuant to section 12(a) of the Act shall be contiguous and the total area selected shall be reasonably compact, except as separated by subsurface interests that are not the property of the United States including subsurface interests under bodies of water, and the selection shall be in whole sections where they are available, or shall include all available subsurface interests in less than whole sections and, wherever feasible, shall be in units of not less than 1,280 acres. The total area selected shall not be considered to be reasonably compact if (1) it excludes other subsurface interests available for selection within its exterior boundaries; or (2) an isolated tract of subsurface interests owned by the United States of less than 1,280 acres remains after selection.</P>

                <P>(e) Regional corporations are not required to select lands within <PRTPAGE P="201"/>unpatented mining claims or millsites, as provided in § 2651.4(e) of this chapter.</P>
                <P>(f) Regional corporations may file applications in excess of their total entitlement. To insure that a regional corporation acquires its selections in the order of its priorities, it should identify its choices numerically in the order it wishes them granted.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2652.4</SECTNO>
                <SUBJECT>Conveyance reservations.</SUBJECT>
                <P>In addition to the conveyance reservations in § 2650.4 of this chapter, conveyances issued to regional corporations for the subsurface estate of lands whose surface has been conveyed to village corporations shall provide that the right to explore, develop, or remove minerals from the subsurface estate in the lands within the boundaries of any Native village shall be subject to the consent of the village corporation.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2653—Miscellaneous Selections</HD>
              <SECTION>
                <SECTNO>§ 2653.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>Section 14(h) of the Act requires the Secretary to withdraw and to convey 2 million acres of unreserved and unappropriated public lands located outside the areas withdrawn by sections 11 and 16 of the Act. The Secretary will convey the land in part as follows:</P>
                <P>(a) Title to existing cemetery sites and historical places to the regional corporations for the regions in which the lands are located;</P>
                <P>(b) Title to the surface estate to any Native group that qualifies pursuant to this subpart 2653;</P>
                <P>(c) Title to the surface estate of lands to the Natives residing in each of the cities of Sitka, Kenai, Juneau, and Kodiak, who have incorporated;</P>
                <P>(d) Title to the surface estate of land to a Native as a primary place of residence.</P>
                <P>(e) Title to the regional corporations for lands selected, if any remain, pursuant to section 14(h)(8) of the Act; and</P>
                <P>(f) Title to the subsurface estate to the regional corporations of lands conveyed under paragraphs (b) and (d) of this section and title to the regional corporations to the subsurface estate to those lands not located in a National Wildlife Refuge under paragraph (c) of this section.</P>
                <CITA>[38 FR 14218, May 30, 1973, as amended at 41 FR 14737, Apr. 7, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2653.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>(a) <E T="03">Cemetery site</E> means a burial ground consisting of the gravesites of one or more Natives.</P>
                <P>(b) <E T="03">Historical place</E> means a distinguishable tract of land or area upon which occurred a significant Native historical event, which is importantly associated with Native historical or cultural events or persons, or which was subject to sustained historical Native activity, but sustained Native historical activity shall not include hunting, fishing, berry-picking, wood gathering, or reindeer husbandry. However, such uses may be considered in the evaluation of the sustained Native historical activity associated with the tract or area.</P>
                <P>(c) <E T="03">Native group</E> means any tribe, band, clan, village, community or village association of Natives composed of less than 25, but more than 3 Natives, who comprise a majority of the residents of a locality and who have incorporated under the laws of the State of Alaska.</P>
                <P>(d) <E T="03">Primary place of residence</E> means a place comprising a primary place of residence of an applicant on August 31, 1971, at which he regularly resides on a permanent or seasonal basis for a substantial period of time.</P>
                <CITA>[38 FR 14218, May 30, 1973, as amended at 41 FR 14737, Apr. 7, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2653.1</SECTNO>
                <SUBJECT>Conveyance limitations.</SUBJECT>
                <P>(a) Under section 14(h) of the Act, a total of 2 million acres may be selected for cemetery sites and historical places, Native groups, corporations formed by the Native residents of Sitka, Kenai, Juneau, and Kodiak, for primary places of residence, and for Native allotments approved as provided in section 18 of the Act. Selections must be made before July 1, 1976. Of this total amount:</P>

                <P>(1) 500,000 acres will be set aside to be used by the Secretary to satisfy applications filed pursuant to section 14(h) (1), (2), and (5) of the Act. The 500,000 acres will be allocated by: (i) Dividing <PRTPAGE P="202"/>200,000 acres among the regions based on the number of Natives enrolled in each region; and, (ii) dividing 300,000 acres equally among the regions;</P>
                <P>(2) 92,160 acres will be set aside for possible allocation by the Secretary to corporations formed by the Natives residing in Sitka, Kenai, Juneau, and Kodiak;</P>

                <P>(3) 400,000 acres will be set aside to be used by the Secretary to satisfy Native allotment applications approved prior to December 18, 1975, under the Act of May 17, 1906 (34 Stat. 197), the Act of February 8, 1887 (24 Stat. 389), as amended and supplemented, and the Act of June 25, 1910 (36 Stat. 863). Any Native allotment applications pending before the Bureau of Indian Affairs or the Bureau of Land Management on December 18, 1971, will be considered as <E T="03">pending before the Department.</E> Those allotment applications which have been determined to meet the requirements of the acts cited herein and for which survey has been requested before December 18, 1975, shall be considered <E T="03">approved</E> under section 14(h)(6) of the Act and shall be charged against the acreage.</P>
                <P>(b) After subtracting the number of acres used in accordance with paragraph (a) of this section from 2 million acres, the remainder will, after July 1, 1976, be reallocated by the Secretary among the regional corporations in accordance with the number of Natives enrolled in each region.</P>
                <P>(c) No Native allotment applications pending before the Secretary on December 18, 1971, will be rejected solely for the reason that the acreage set aside by paragraph (a)(3) of this section has been exhausted.</P>
                <CITA>[38 FR 14218, May 30, 1973, as amended at 41 FR 14737, Apr. 7, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2653.2</SECTNO>
                <SUBJECT>Application procedures.</SUBJECT>
                <P>(a) All applications must be filed in accordance with the procedures in § 2650.2(a) of this chapter.</P>
                <P>(b) Applications by corporations of Native groups under section 14(h)(2) and by a Native for a primary place of residence under section 14(h)(5) of the Act must be accompanied by written concurrence of the affected regional corporation. In the case of Native groups, such concurrence must also indicate how much land per member of the Native group, not to exceed 320 acres per member, the regional corporation recommends that the Secretary convey. Any application not accompanied by the necessary concurrence and recommendation of the affected region will be rejected.</P>
                <P>(c) Native groups, and Natives residing in Sitka, Kenai, Juneau, and Kodiak, as provided in sections 14(h) (2) and (3), respectively, must comply with the applicable terms of § 2650.2(a), (c), (d), (e), and (f) of this chapter.</P>
                <P>(d) The filing of an application under the regulations of this section will constitute a request for withdrawal of the lands, and will segregate the lands from all other forms of appropriation under the public land laws, including the mining and mineral leasing laws, and from selection under the Alaska Statehood Act, as amended, subject to valid existing rights, but will not segregate the lands from selections under section 12 or 16 of the Act. The segregative effect of such an application will terminate if the application is rejected.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2653.3</SECTNO>
                <SUBJECT>Lands available for selection.</SUBJECT>

                <P>(a) Selection may be made for existing cemetery sites or historical places, Native groups, corporations formed by the Natives residing in Sitka, Kenai, Juneau, and Kodiak, and for primary places of residence, from any unappropriated and unreserved lands which the Secretary may withdraw for these purposes: <E T="03">Provided,</E> That National Wildlife Refuge System lands and National Forest lands may be made available as provided by section 14(h)(7) of the Act and the regulations in this subpart. Selections for these purposes may also be made from any unappropriated and unreserved lands which the Secretary may withdraw from lands formerly withdrawn and not selected under section 16 of the Act and after December 18, 1975, from lands formerly withdrawn under section 11(a)(1) or 11(a)(3) and not selected under sections 12 or 19 of the Act.</P>

                <P>(b) After December 18, 1975, selection of the lands allocated pursuant to § 2653.1(b), shall be made from any lands previously withdrawn under sections 11 or 16 of the Act which are not otherwise appropriated.<PRTPAGE P="203"/>
                </P>
                <P>(c) A withdrawal made pursuant to section 17(d)(1) of the Act which is not part of the Secretary's recommendation to Congress of December 18, 1973, on the four national systems shall not preclude a withdrawal pursuant to section 14(h) of the Act.</P>
                <CITA>[41 FR 14737, Apr. 7, 1976; 41 FR 17909, Apr. 29, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2653.4</SECTNO>
                <SUBJECT>Termination of selection period.</SUBJECT>
                <P>Except as provided in § 2653.10, applications for selections under this subpart will be rejected after all allocated lands, as provided in § 2653.1, have been exhausted, or if the application is received after the following dates, whichever occurs first:</P>
                <P>(a) As to primary place of residence—December 18, 1973.</P>
                <P>(b) As to all recipients described in sections 14(h) (1), (2), and (3) of the Act—December 31, 1976.</P>
                <P>(c) As to all recipients under section 14(h)(8) of the Act and § 2653.1(b)—September 18, 1978.</P>
                <CITA>[41 FR 14737, Apr. 7, 1976, as amended at 41 FR 44041, Oct. 6, 1976; 43 FR 11822, Mar. 22, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2653.5</SECTNO>
                <SUBJECT>Cemetery sites and historical places.</SUBJECT>

                <P>(a) The appropriate regional corporation may apply to the Secretary for the conveyance of existing cemetery sites or historical places pursuant to section 14(h) of the Act. The Secretary may give favorable consideration to these applications: <E T="03">Provided,</E> That the Secretary determines that the criteria in these regulations are met: <E T="03">And provided further,</E> That the regional corporation agrees to accept a covenant in the conveyance that these cemetery sites or historical places will be maintained and preserved solely as cemetery sites or historical places by the regional corporation, in accordance with the provisions for conveyance reservations in § 2653.11.</P>
                <P>(b) A historical place may be granted in a National Wildlife Refuge or National Forest unless, in the judgment of the Secretary, the events or the qualities of the site from which it derives its particular value and significance as a historical place can be commemorated or found in an alternative site outside the refuge or forest, or if the Secretary determines that the conveyance could have a substantial detrimental effect on (1) a fish or wildlife population, (2) its habitat, (3) the management of such population or habitat, or (4) access by a fish or wildlife population to a critical part of its habitat.</P>
                <P>(c) Although the existence of a cemetery site or historical place and a proper application for its conveyance create no valid existing right, they operate to segregate the land from all other forms of appropriation under the public land laws. Conveyances of lands reserved for the National Wildlife Refuge System made pursuant to this subpart are subject to the provisions of section 22(g) of the Act and § 2650.4-6 as though they were conveyances to a village corporation.</P>
                <P>(d) For purposes of evaluating and determining the eligibility of properties as historical places, the quality of significance in Native history or culture shall be considered to be present in places that possess integrity of location, design, setting, materials, workmanship, feeling and association, and:</P>
                <P>(1) That are associated with events that have made a significant contribution to the history of Alaskan Indians, Eskimos or Aleuts, or</P>
                <P>(2) That are associated with the lives of persons significant in the past of Alaskan Indians, Eskimos or Aleuts, or</P>
                <P>(3) That possess outstanding and demonstrably enduring symbolic value in the traditions and cultural beliefs and practices of Alaskan Indians, Eskimos or Aleuts, or</P>
                <P>(4) That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or</P>
                <P>(5) That have yielded, or are demonstrably likely to yield information important in prehistory or history.</P>

                <P>(e) Criteria considerations for historic places: Ordinarily, cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, <PRTPAGE P="204"/>and properties that have achieved significance within the past 50 years shall not be considered eligible as a historical place unless they fall within one of the following categories:</P>
                <P>(1) A religious property deriving primary significance from architectural or artistic distinction or historical importance;</P>
                <P>(2) A building or structure removed from its original location but which is the surviving structure most importantly associated with a historic person or event;</P>
                <P>(3) A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building directly associated with his productive life;</P>
                <P>(4) A cemetery which derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events;</P>
                <P>(5) A reconstructed building when accurately executed in a suitable environment and preserved in a dignified manner as part of a restoration master plan and when no other building or structure with the same association has survived;</P>
                <P>(6) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; or</P>
                <P>(7) A property achieving significance within the past 50 years if it is of exceptional importance.</P>
                <P>(f) Applications by a regional corporation under section 14(h)(1) of the Act for conveyance of existing cemetery sites or historical places within its boundaries shall be filed with the proper office of the Bureau of Land Management in accordance with § 2650.2(a) of this chapter. The regional corporation shall include as an attachment to its application for a historical place a statement describing the events that took place and the qualities of the site from which it derives its particular value and significance as a historical place. In making the application, the regional corporation should identify accurately and with sufficient specificity the size and location of the site for which the application is made as an existing cemetery site or historical place to enable the Bureau of Land Management to segregate the proper lands. The land shall be described in accordance with § 2650.2(e) of this chapter, except that if the site under application is less than 2.50 acres or if it cannot be described by a protracted survey description, it shall be described by a metes and bounds description.</P>
                <P>(g) Upon receipt of an application for an existing cemetery site or historical place, the Bureau of Land Management shall segregate from all other appropriation under the public land laws the land which it determines, adequately encompasses the site described in the application.</P>

                <P>(h) Notice of filing of such application specifying the regional corporation, the size and location of the segregated lands encompassing the site for which application has been made, the date of filing, and the date by which any protest of the application must be filed shall be published once in the <E T="04">Federal Register</E> and in one or more newspapers of general circulation in Alaska once a week for three consecutive weeks by the Bureau of Land Management. The Bureau of Land Management shall then forward the application to the Director, Juneau Area Office, Bureau of Indian Affairs, for investigation, report, and certification and supply a copy to the National Park Service. When an application pertains to lands within a National Wildlife Refuge or National Forest, the Bureau of Land Management shall also forward informational copies of the application and the size and location of segregated lands to the agency or agencies involved.</P>

                <P>(i) If, during its investigation, the Bureau of Indian Affairs finds that the location of the site as described in the application is in error, it shall notify the applicant, the Bureau of Land Management, and other affected Federal agencies, of such error. The applicant shall have 60 days from receipt of such notice to file with the Bureau of Land Management an amendment to its application with respect to the location of the site. Upon acceptance of such amendment the Bureau of Land Management shall reprocess the application, including segregation of lands and publication of notice.<PRTPAGE P="205"/>
                </P>
                <P>(j) The Bureau of Indian Affairs shall identify on a map and mark on the ground, including gravesites or other important items, the location and size of the site or place with sufficient clarity to enable the Bureau of Land Management to locate on the ground said site or place. The Bureau of Indian Affairs, after consultation with the National Park Service and, in the case of refuges and forests, the agency or agencies involved, shall certify as to the existence of the site or place and that it meets the criteria in this subpart.</P>
                <P>(1) <E T="03">Cemetery sites.</E> The Bureau of Indian Affairs shall certify specifically that the site is the burial place of one or more Natives. The Bureau of Indian Affairs shall determine whether the cemetery site is in active or inactive use, and if active, it shall estimate the degree of use by Native groups and villages in the area which it shall identify.</P>
                <P>(2) <E T="03">Historical places.</E> The Bureau of Indian Affairs shall describe the events that took place and qualities of the site which give it particular value and significance as a historical place.</P>
                <P>(k) The Bureau of Indian Affairs shall submit its report and certification along with the written comments and recommendations of the National Park Service and any other Federal agency, to the Bureau of Land Management. If the land is available, the Bureau of Land Management shall issue a decision to convey. However, where the issues in § 2653.5(b) are raised by the reports of the Fish and Wildlife Service or the Forest Service, the State Director, Bureau of Land Management shall submit the record including a land status report, to the Secretary for a resolution of any conflicts. If the land is available for that purpose, the Secretary shall make his determination to convey or not to convey the site to the applicant.</P>
                <P>(l) The decision of the Bureau of Land Management or the Secretary shall be served on the applicant and all parties of record in accordance with the provisions of 43 CFR part 4, subpart E and shall be published in accordance with § 2650.7 of this part. The decision of the Bureau of Land Management shall become final unless appealed to the Board of Land Appeals in accordance with 43 CFR part 4, subpart E. Any agency adversely affected by the certification of BIA or the decision of the Bureau of Land Management may also appeal the matter to the Board of Land Appeals. After a decision to convey an existing cemetery site or historical place has become final, the Bureau of Land Management shall adjust the segregation of the lands to conform with said conveyance.</P>
                <P>(m) For inactive cemeteries, the boundaries of such cemetery sites shall include an area encompassing all actual gravesites including a reasonable buffer zone of not more than 66 feet. For active cemeteries, the boundaries of such sites shall include an area of actual use and reasonable future expansion of not more than 10 acres, but the BLM in consultation with any affected Federal agency may include more than 10 acres upon a determination that special circumstances warrant it. For historical places, the boundaries shall include an area encompassing the actual site with a reasonable buffer zone of not more than 330 feet.</P>
                <CITA>[41 FR 14738, Apr. 7, 1976; 41 FR 17909, Apr. 29, 1976, as amended at 41 FR 49487, Nov. 9, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2653.6</SECTNO>
                <SUBJECT>Native groups.</SUBJECT>
                <P>(a) <E T="03">Eligibility.</E> (1) The head or any authorized representative of a Native group incorporated pursuant to section 14(h)(2) of the Act may file on behalf of the group an application for a determination of its eligibility under said section of the Act. Such application shall be filed in duplicate with the appropriate officer, Bureau of Land Management, prior to April 16, 1976, in accordance with § 2650.2(a) of this chapter. Upon serialization of the application, the Bureau of Land Management office will forward a copy of such application to the Director, Juneau Area Office, Bureau of Indian Affairs, who shall investigate and report the findings of fact required to be made herein to the Bureau of Land Management with a certification thereof. A copy of an application by a group located within a National Wildlife Refuge or a National Forest will be furnished to the appropriate agency administering the area.<PRTPAGE P="206"/>
                </P>
                <P>(2) Each application must identify the section, township, and range in which the Native group is located, and must be accompanied by a list of the names of the Native members of the group, a listing of permanent improvements and periods of use of the locality by members, a conformed copy of the group's article of incorporation, and the regional corporation's concurrence and recommendation under § 2653.2(b).</P>

                <P>(3) Notice of the filing of such application specifying the date of such filing, the identity and location of the Native group, and the date by which any protest of the application must be filed shall be prepared by the Bureau of Indian Affairs and shall be published once in the <E T="04">Federal Register</E> and in one or more newspapers of general circulation in Alaska once a week for three consecutive weeks by the Bureau of Land Management. Any protest to the application shall be filed with the Bureau of Indian Affairs within the time specified in the notice.</P>
                <P>(4) The Bureau of Indian Affairs shall investigate and determine whether each member of a Native group formed pursuant to section 14(h)(2) of the Act is enrolled pursuant to section 5 of the Act. The Bureau of Indian Affairs shall determine whether the members of the Native group actually reside in and are enrolled to the locality specified in its application. The Bureau of Indian Affairs shall specify the number and names of Natives who actually reside in and are enrolled to the locality, including children who are members of the group and who are temporarily elsewhere for purposes of education, and it shall further determine whether the members of the Native group constitute the majority of the residents of the locality where the group resides. The Bureau of Indian Affairs shall determine and identify the exterior boundaries of the Native group's locality and the location of all those permanent structures of the Native group used as dwelling houses.</P>
                <P>(5) The Native group must have an identifiable physical location. The members of the group must use the group locality as a place where they actually live in permanent structures used as dwelling houses. The group must have the character of a separate community, distinguishable from nearby communities, and must be composed of more than a single family or household. Members of a group must have enrolled to the group's locality pursuant to section 5 of the Act, must actually have resided there as of the 1970 census enumeration date, and must have lived there as their principal place of residence since that date.</P>
                <P>(6) The Bureau of Indian Affairs shall issue its certification, containing its findings of fact required to be made herein and its determination of the eligibility of the Native group, except it shall issue a certification of ineligibility when it is notified by the Bureau of Land Management that the land is unavailable for selection by such Native group. It shall send a copy thereof by certified mail to the Bureau of Land Management, the Native group, its regional corporation and any party of record.</P>
                <P>(7) Appeals concerning the eligibility of a Native group may be made to the Board of Land Appeals in accordance with 43 CFR part 4, subpart E.</P>
                <P>(b) <E T="03">Selections.</E> (1) Native group selections shall not exceed the amount recommended by the regional corporation or 320 acres for each Native member of a group, or 7,680 acres for each Native group, whichever is less. Any acreage selected in excess of that number shall be identified as alternate selections and shall be numerically ordered to indicate selection preference. Native groups will not receive land benefits unless the land which is occupied by their permanent structures used as dwelling houses is available, or in the case where such land is not State or federally owned, the land which is contiguous to and immediately surrounds the land occupied by their permanent structures used as dwelling houses is available, and is not within a wildlife refuge or forest, pursuant to section 14(h) of the Act. Public lands which may be available for this purpose are set forth in § 2653.3 (a) and (c). Conveyances of lands reserved for the National Wildlife Refuge System made pursuant to this part are subject to the provisions of section 22(g) of the Act and § 2650.4-6 of this chapter as though they were conveyances to a village corporation.<PRTPAGE P="207"/>
                </P>
                <P>(2) Upon receipt of the applications of a Native group for a determination of its eligibility under section 14(h)(2) of the Act, the Bureau of Land Management shall segregate the land encompassed within the group locality from land available for that purpose pursuant to § 2653.6(b)(1). However, segregation of land for Native groups whose dwelling structures are located outside but adjacent to a National Wildlife Refuge or National Forest shall not include such reserved land, unless the Native group's dwelling structures are located on land excepted from the Kodiak National Wildlife Refuge pursuant to Public Land Order 1634 (FR Doc. 58-3696, filed May 16, 1958).</P>
                <P>(3) The Bureau of Indian Affairs shall visit the locality of the group and shall recommend to the Bureau of Land Management the manner in which the segregation should be modified to encompass the residences of as many members as possible while allowing for the inclusion of the land most intensively used by members of the Native group. The recommended segregation must be contiguous and as compact as possible. The Bureau of Land Management may segregate the land accordingly provided such lands are otherwise available in accordance with paragraph (b) (1) and (b)(2). If the Bureau of Land Management finds the lands are unavailable for selection by a Native group, it shall notify the Bureau of Indian Affairs.</P>
                <P>(4) Selections shall be made from lands segregated for that purpose and shall be filed prior to July 1, 1976. Selections shall be contiguous and taking into account the situation and potential uses of the lands involved, the total area selected shall be reasonably compact except where separated by lands which are unavailable for selection. The total area selected will not be considered to be reasonably compact if (i) it excludes other lands available for selection within its exterior boundaries; or (ii) an isolated tract of public land of less than 640 acres remains after selection. The lands selected shall be in quarter sections where they are available unless the exhaustion of the acreage which the group may be entitled to select does not permit the selection of a quarter section and shall include all available lands in less than quarter sections. Lands selected shall conform as nearly as practicable to the United States land survey system.</P>
                <P>(5) A Native group whose eligibility has not been finally determined may file its land selections as if it were determined to be eligible. The Bureau of Land Management shall release from segregation the lands not selected and shall continue segregation of the selected land until the lands are conveyed or the group is finally determined to be ineligible. However, in the case of a group determined to be ineligible by the Board of Land Appeals, the segregation shall be continued for a period of 60 days from the date of such decision.</P>
                <P>(6) Where any conflict in land selection occurs between any eligible Native groups, the Bureau of Land Management shall request the appropriate regional corporation to recommend the manner in which such conflict should be resolved.</P>
                <P>(7) The Bureau of Land Management shall issue a decision on the selection of a Native group determined to be eligible and shall serve a copy of such decision by certified mail on the Native group, its regional corporation and any party of record and the decision shall be published in accordance with § 2650.7 of this part.</P>
                <P>(8) Appeals from the Bureau of Land Management decision on the selection by a Native group under this section shall be made to the Board of Land Appeals in accordance with 43 CFR part 4, subpart E.</P>
                <CITA>[41 FR 14739, Apr. 7, 1976, as amended at 41 FR 49487, Nov. 9, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2653.7</SECTNO>
                <SUBJECT>Sitka-Kenai-Juneau-Kodiak selections.</SUBJECT>
                <P>(a) The corporations representing the Natives residing in Sitka, Kenai, Juneau, and Kodiak, who incorporate under the laws of the State of Alaska, may each select the surface estate of up to 23,040 acres of lands of similar character located in reasonable proximity to those municipalities.</P>

                <P>(b) The corporations representing the Natives residing in Sitka, Kenai, Juneau, and Kodiak, shall nominate not less than 92,160 acres of lands within 50 miles of each of the four named cities <PRTPAGE P="208"/>which are similar in character to the lands in which each of the cities is located. After review and public hearings, the Secretary shall withdraw up to 46,080 acres near each of the cities from the lands nominated. Each corporation representing the Native residents of the four named cities may select not more than one-half the area withdrawn for selection by that corporation. The Secretary shall convey the area selected.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2653.8</SECTNO>
                <SUBJECT>Primary place of residence.</SUBJECT>
                <P>(a) An application under this subpart may be made by a Native who occupied land as a primary place of residence on August 31, 1971.</P>
                <P>(b) Applications for a primary place of residence must be filed not later than December 18, 1973.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2653.8-1</SECTNO>
                <SUBJECT>Acreage to be conveyed.</SUBJECT>
                <P>A Native may secure title to the surface estate of only a single tract not to exceed 160 acres under the provisions of this subpart, and shall be limited to the acreage actually occupied and used. An application for title under this subpart shall be accompanied by a certification by the applicant that he will not receive title to any other tract of land pursuant to sections 14 (c)(2), (h)(2), or 18 of the Act.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2653.8-2</SECTNO>
                <SUBJECT>Primary place of residence criteria.</SUBJECT>
                <P>(a) <E T="03">Periods of occupancy.</E> Casual or occasional use will not be considered as occupancy sufficient to make the tract applied for a primary place of residence.</P>
                <P>(b) <E T="03">Improvements constructed on the land.</E> (1) Must have a dwelling.</P>
                <P>(2) May include associated structures such as food cellars, drying racks, caches etc.</P>
                <P>(c) <E T="03">Evidence of occupancy.</E> Must have evidence of permanent or seasonal occupancy for substantial periods of time.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2653.8-3</SECTNO>
                <SUBJECT>Appeals.</SUBJECT>
                <P>Appeals from decisions made by the Bureau of Land Management on applications filed pursuant to section 14(h)(5) of the Act shall be made to the Board of Land Appeals in accordance with 43 CFR part 4, subpart E.</P>
                <CITA>[41 FR 14740, Apr. 7, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2653.9</SECTNO>
                <SUBJECT>Regional selections.</SUBJECT>
                <P>(a) Applications by a regional corporation for selection of land within its boundaries under section 14(h)(8) of the Act shall be filed with the proper office of the Bureau of Land Management in accordance with § 2650.2(a). Selections made under section 14(h)(1), (2), (3), and (5) of the Act will take priority over selections made pursuant to section 14(h)(8). Lands available for section 14(h)(8) selections are those lands originally withdrawn under section 11(a)(1), (3), or 16(a) of the Act and not conveyed pursuant to selections made under sections 12(a), (b), or (c), 16(b) or 19 of the Act.</P>
                <P>(b) A regional corporation may select a total area in excess of its entitlement to ensure that it will obtain its entitlement in the event of any conflicts. Any acreage in excess of its entitlement shall be identified as alternate selections and shall be numerically ordered on a section by section basis to indicate selection preference.</P>

                <P>(c) Selections need not be contiguous but must be made along section lines in reasonably compact tracts of at least 5,760 acres, not including any unavailable land contained therein. The exterior boundaries of such tracts shall be in linear segments of not less than two miles in length, except where adjoining unavailable lands or where shorter segments are necessary to follow section lines where township lines are offset along standard parallels caused by the convergence of the meridians. However, selected tracts may contain less than 5,760 acres where there is good cause shown for such selection, taking into consideration good land management planning and principles for the potentially remaining public lands, and which would not leave unduly fragmented tracts of such public lands. Each tract selected shall not be considered to be reasonably compact if (1) it excludes other lands for selection within its exterior boundaries, or (2) an isolated tract of public land of less than 1,280 acres remains after selection of the total entitlement. Regional corporations shall not <PRTPAGE P="209"/>be precluded from selecting less than 5,760 acres where the entire tract available for selection constitutes less than 5,760 acres. Selection shall conform as nearly as practicable to the United States land survey system.</P>

                <P>(d) Notice of the filing of such selections, including the date by which any protest of the selection should be filed, shall be published once in the <E T="04">Federal Register</E> and one or more newspapers of general circulation in Alaska once a week for three consecutive weeks by the Bureau of Land Management. Any protest to the application should be filed in the Bureau of Land Management office in which such selections were filed within the time specified in the notice.</P>
                <P>(e) Appeals from decisions made by the Bureau of Land Management with respect to such selections shall be made to the Board of Land Appeals in accordance with 43 CFR part 4, subpart E.</P>
                <CITA>[41 FR 14740, Apr. 7, 1976, as amended at 41 FR 49487, Nov. 9, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2653.10</SECTNO>
                <SUBJECT>Excess selections.</SUBJECT>
                <P>Where land selections by a regional corporation, Native group, any of the four named cities, or a Native pursuant to section 14(h) (1), (2), (3), or (5) exceed the land entitlement, the Bureau of Land Management may request such corporation to indicate its preference among lands selected.</P>
                <CITA>[41 FR 14740, Apr. 7, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2653.11</SECTNO>
                <SUBJECT>Conveyance reservations.</SUBJECT>
                <P>(a) Conveyances issued pursuant to this subpart are subject to the conveyance reservations described in § 2650.4 of this chapter.</P>
                <P>(b) In addition to the reservations provided in paragraph (a) of this section, conveyance for cemetery sites or historical places will contain a covenant running with the land providing that (1) the regional corporation shall not authorize mining or mineral activity of any type; nor shall it authorize any use which is incompatible with or is in derogation of the values of the area as a cemetery site or historical place (standards for determining uses which are incompatible with or in derogation of the values of the area are found in relevant portions of 36 CFR 800.9 (1974); and (2) that the United States reserves the right to seek enforcement of the covenant in an action in equity. The covenant placed in this subsection may be released by the Secretary, in his discretion, upon application of the regional corporation grantee showing that extraordinary to circumstances of a nature to warrant the release have arisen subsequent to the conveyance.</P>
                <P>(c) Conveyances for cemetery sites and historical places shall also contain the covenant required by § 2650.4-6 of this chapter.</P>
                <CITA>[38 FR 14218, May 30, 1973. Redesignated and amended at 41 FR 14740, Apr. 7, 1976]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2654—Native Reserves</HD>
              <SECTION>
                <SECTNO>§ 2654.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>Section 19(b) of the Act authorizes any village corporation(s) located within a reserve defined in the act to acquire title to the surface and subsurface estates in any reserve set aside for the use and benefit of its stockholders or members prior to December 18, 1971. Such acquisition precludes any other benefits under the Act.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2654.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>
                  <E T="03">Reserve lands</E> means any lands reserved prior to the date of enactment of the act which are subject to being taken in lieu of other benefits under the act pursuant to section 19(b) of the Act.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2654.1</SECTNO>
                <SUBJECT>Exercise of option.</SUBJECT>
                <P>(a) Any village corporation which has not, by December 18, 1973, elected to acquire title to the reserve lands will be deemed to have elected to receive for itself and its members the other benefits under the Act.</P>

                <P>(b) The election of a village to acquire title to the reserve lands shall be exercised in the manner provided by its articles of incorporation. However when two or more villages are located on the same reserve there must be a special election to acquire title to the reserve lands. A majority vote of all the stockholders or members of all corporations located on the reserve is required to acquire title to the reserve <PRTPAGE P="210"/>lands. For the purpose of this paragraph the stockholders or members shall be determined on the basis of the roll of village residents proposed to be promulgated under 25 CFR 43h.7.<SU>1</SU>
                  <FTREF/> The regional corporation or village corporations or any member or stockholder of the village corporations involved may request that the election be observed by the Bureau of Indian Affairs.</P>
                <FTNT>
                  <P>
                    <SU>1</SU> At 47 FR 13327, Mar. 30, 1982, § 43h.7 of Title 25 was redesignated as § 69.7.</P>
                </FTNT>
                <P>(c) The results of any election by a village corporation or corporations to acquire title to the reserve lands shall be certified by such village corporation or corporations as being in conformity with the articles of incorporation and by-laws of the village corporation or corporations.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2654.2</SECTNO>
                <SUBJECT>Application procedures.</SUBJECT>
                <P>(a) If the corporation or corporations elect to take title to the reserve lands, submission to the Secretary of the certificate of election will constitute an application to acquire title to those lands.</P>
                <P>(b) If the village corporation or corporations do not elect to take the reserve lands, they shall apply for their land selections pursuant to subpart 2651 of this chapter.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2654.3</SECTNO>
                <SUBJECT>Conveyances.</SUBJECT>
                <P>(a) Conveyances under this subpart are subject to the provisions of section 14(g) of the Act, as provided by § 2650.4 of this chapter.</P>
                <P>(b) Conveyances under this subpart to two or more village corporations will be made to them as tenants-in-common, having undivided interests proportionate to the number of their respective members or stockholders determined on the basis of the final roll promulgated by the Secretary pursuant to section 5 of the Act.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2655—Federal Installations</HD>
              <AUTH>
                <HD SOURCE="HED">Authority: </HD>

                <P>Alaska Claims Settlement Act of 1971 (43 U.S.C. 1601 <E T="03">et seq.</E>).</P>
              </AUTH>
              <SOURCE>
                <HD SOURCE="HED">Source: </HD>
                <P>45 FR 70206, Oct. 22, 1980, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 2655.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>Section 3(e)(1) of the Act provides that the Secretary shall determine the smallest practicable tract enclosing land actually used in connection with the administration of Federal installations in Alaska.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2655.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>As used in this subpart, the term:</P>
                <P>(a) <E T="03">Holding agency</E> means any Federal agency claiming use of a tract of land subject to these regulations.</P>
                <P>(b) <E T="03">Appropriate selection period</E> means the statutory or regulatory period within which the lands were available for Native selection under the act.</P>
                <P>(c) <E T="03">State Director</E> means the Director, Alaska State Office, Bureau of Land Management.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2655.1</SECTNO>
                <SUBJECT>Lands subject to determination.</SUBJECT>
                <P>(a) Holding agency lands located within areas withdrawn by sections 11(a)(1), 16(a), or 16(d) of the Act and subsequently selected by a village or regional corporation under sections 12 or 16, or selected by the regional corporation under sections 12 or 16, or selected by the regional corporation for southeast Alaska in accordance with section 14(h)(8)(B) are subject to a determination made under this subpart.</P>
                <P>(b) Lands in the National Park System, lands withdrawn or reserved for national defense purposes and those former Indian reserves elected under section 19 of the Act are not subject to a determination under section 3(e)(1) of the Act or this subpart. Lands withdrawn under section 11(a)(3) or 14(h), except 14(h)(8)(B), of the Act do not include lands withdrawn or otherwise appropriated by a Federal agency and, therefore, are not subject to a determination under section 3(e)(1) of the Act or this subpart.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2655.2</SECTNO>
                <SUBJECT>Criteria for determinations.</SUBJECT>

                <P>Land subject to determination under section 3(e)(1) of the Act will be subject to conveyance to Native corporations if they are determined to be public lands under this subpart. If the lands are determined not to be public lands, they will be retained by the holding agency. The Bureau of Land Management shall determine:<PRTPAGE P="211"/>
                </P>
                <P>(a) Nature and time of use.</P>
                <P>(1) If the holding agency used the lands for a purpose directly and necessarily connected with the Federal agency as of December 18, 1971; and</P>
                <P>(2) If use was continuous, taking into account the type of use, throughout the appropriate selection period; and</P>
                <P>(3) If the function of the holding agency is similiar to that of the Federal agency using the lands as of December 18, 1971.</P>
                <P>(b) Specifications for area to be retained by Federal agency.</P>
                <P>(1) Area shall be no larger than reasonably necessary to support the agency's use.</P>
                <P>(2) Tracts shall be described by U.S. Survey (or portion thereof), smallest aliquot part, metes and bounds or protraction diagram, as appropriate.</P>
                <P>(3) Tracts may include:</P>
                <P>(i) Improved lands;</P>
                <P>(ii) Buffer zone surrounding improved lands as is reasonably necessary for purposes such as safety measures, maintenance, security, erosion control, noise protection and drainage;</P>
                <P>(iii) Unimproved lands used for storage;</P>
                <P>(iv) Lands containing gravel or other materials used in direct connection with the agency's purpose and not used simply as a source of revenue or services. The extent of the areas reserved as a source of materials will be the area disturbed but not depleted as of the date of the end of the appropriate selection period; and</P>
                <P>(v) Lands used by a non-governmental entity or private person for a use that has a direct, necessary and substantial connection to the purpose of the holding agency but shall not include lands from which proceeds of the lease, permit, contract, or other means are used primarily to derive revenue.</P>
                <P>(c) Interest to be retained by Federal agency.</P>
                <P>(1) Generally, full fee title to the tract shall be retained; however, where the tract is used primarily for access, electronic, light or visibility clear zones or right-of-way, an easement may be reserved in lieu of full fee title where the State Director determines that an easement affords sufficient protection, that an easement is customary for the particular use and that it would further the objectives of the act.</P>
                <P>(2) Easements reserved in lieu of full fee title shall be reserved under the provisions of section 17(b) of the Act and § 2650.4-7 of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2655.3</SECTNO>
                <SUBJECT>Determination procedures.</SUBJECT>
                <P>(a) The State Director shall make the determination pursuant to the provisions in this subpart. Where sufficient information has not already been provided, the State Director shall issue written notice to any Federal agency which the Bureau of Land Management has reason to believe might be a holding agency. The written notice shall provide that the information requested be furnished in triplicate to the State Director within 90 days from the receipt of the notice. Upon receipt of information the State Director will promptly provide affected Native corporations with copies of the documents. Upon adequate and justifiable showing as to the need for an extension by the holding agency, the State Director may grant a time extension up to 60 days to provide the information requested in this subpart.</P>
                <P>(b) The information to be provided by the holding agency shall include the following for each tract which is subject to determination:</P>
                <P>(1) The function and scope of the installation;</P>
                <P>(2) A plottable legal description of the lands used;</P>
                <P>(3) A list of structures or other alterations to the character of lands and their function, their location on the tract, and date of construction;</P>
                <P>(4) A description of the use and function of any unaltered lands;</P>
                <P>(5) A list of any rights, interests or permitted uses the agency has granted to others, including other Federal agencies, along with dates of issuance and expiration and copies of any relevant documents;</P>
                <P>(6) If available, site plans, drawings and annotated aerial photographs delineating the boundaries of the installation and locations of the areas used; and</P>

                <P>(7) A narrative explanation stating when Federal use of each area began; what use was being made of the lands as of December 18, 1971; whether any <PRTPAGE P="212"/>action has taken place between December 18, 1971, and the end of the appropriate selection period that would reduce the area needed, and the date this action occurred.</P>
                <P>(c) The State Director shall request comments from the selecting Native corporation relating to the identification of lands requiring a determination. The period for comment by the Native corporation shall be as provided for the agency in paragraph (a) of this section, but shall commence from the date of receipt of the latest copy of the holding agency's submission.</P>
                <P>(d) The holding agency has the burden of proof in proceedings before the State Director under this subpart. A determination of the lands to be retained by the holding agency under section 3(e) of the Act and this subpart shall be made based on the information available in the case file. If the holding agency fails to present adequate information on which to base a determination, all lands selected shall be approved for conveyance to the selecting Native corporation.</P>
                <P>(e) The results of the determination shall be incorporated into appropriate decision documents.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2655.4</SECTNO>
                <SUBJECT>Adverse decisions.</SUBJECT>
                <P>(a) Any decision adverse to the holding agency or Native corporation shall become final unless appealed to the Board of Land Appeals in accordance with 43 CFR part 4, subpart E. If a decision is appealed, the Secretary may take personal jurisdiction over the matter in accordance with 43 CFR 4.5. In the case of appeals from affected Federal agencies, the Secretary may take jurisdiction upon written request from the appropriate cabinet level official. The requesting official, the State Director and any affected Native corporation shall be notified in writing of the Secretary's decision regarding the request for Secretarial jurisdiction and the reasons for the decision shall be communicated in writing to the requesting agency and any other parties to the appeal.</P>

                <P>(b) When an appeal to a decision to issue a conveyance is made by a holding agency or a Native corporation on the basis that the Bureau of Land Management neglected to make a determination pursuant to section 3(e)(1) of the Act, the matter shall be remanded by the Board of Land Appeals to the Bureau of Land Management for a determination pursuant to section 3(e)(1) of the Act and these regulations: <E T="03">Provided,</E> That the holding agency or Native corporation has reasonably satisfied the Board that its claim is not frivolous.</P>
                <HD SOURCE="HED1">Group 2700—Disposition; Sales</HD>
                <NOTE>
                  <HD SOURCE="HED">Note:</HD>

                  <P>The information collection requirements contained in parts 2720 and 2740 of Group 2700 have been approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance numbers 1004-0153 and 1004-0012, respectively. The information is being collected to permit the authorized officer to determine if disposition of Federally-owned mineral interests should be made and to determine if disposition of public lands should be made for recreation and public purposes. This information will be used to make these determinations. A response is required to obtain a benefit.
                  </P>
                  <FP>(See 51 FR 9657, Mar. 20, 1986) </FP>
                </NOTE>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 2710</EAR>
            <HD SOURCE="HED">PART 2710—SALES: FEDERAL LAND POLICY AND MANAGEMENT ACT</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2710—Sales: General Provisions</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>2710.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <SECTNO>2710.0-2</SECTNO>
                <SUBJECT>Objective.</SUBJECT>
                <SECTNO>2710.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>2710.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>2710.0-6</SECTNO>
                <SUBJECT>Policy.</SUBJECT>
                <SECTNO>2710.0-8</SECTNO>
                <SUBJECT>Lands subject to sale.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 2711—Sales: Procedures</HD>
                <SECTNO>2711.1</SECTNO>
                <SUBJECT>Initiation of sale.</SUBJECT>
                <SECTNO>2711.1-1</SECTNO>
                <SUBJECT>Identification of tracts by land use planning.</SUBJECT>
                <SECTNO>2711.1-2</SECTNO>
                <SUBJECT>Notice of realty action.</SUBJECT>
                <SECTNO>2711.1-3</SECTNO>
                <SUBJECT>Sales requiring grazing permit or lease cancellations.</SUBJECT>
                <SECTNO>2711.2</SECTNO>
                <SUBJECT>Qualified conveyees.</SUBJECT>
                <SECTNO>2711.3</SECTNO>
                <SUBJECT>Procedures for sale.</SUBJECT>
                <SECTNO>2711.3-1</SECTNO>
                <SUBJECT>Competitive bidding.</SUBJECT>
                <SECTNO>2711.3-2</SECTNO>
                <SUBJECT>Modified bidding.</SUBJECT>
                <SECTNO>2711.3-3</SECTNO>
                <SUBJECT>Direct sales.</SUBJECT>
                <SECTNO>2711.4</SECTNO>
                <SUBJECT>Compensation for authorized improvements.</SUBJECT>
                <SECTNO>2711.4-1</SECTNO>
                <SUBJECT>Grazing improvements.</SUBJECT>
                <SECTNO>2711.4-2</SECTNO>
                <SUBJECT>Other private improvements.</SUBJECT>
                <SECTNO>2711.5</SECTNO>
                <SUBJECT>Conveyance documents.</SUBJECT>
                <SECTNO>2711.5-2</SECTNO>
                <SUBJECT>Terms, convenants, conditions, and reservations.</SUBJECT>
                <SECTNO>2711.5-3</SECTNO>
                <SUBJECT>Notice of conveyance.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority: </HD>
              <P>43 U.S.C. 1713, 1740.</P>
            </AUTH>
            <SOURCE>
              <PRTPAGE P="213"/>
              <HD SOURCE="HED">Source: </HD>
              <P>45 FR 39418, June 10, 1980, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart 2710—Sales: General Provisions</HD>
              <SECTION>
                <SECTNO>§ 2710.0-1</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <P>The regulations in this part implement the sale authority of section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701, 1713).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2710.0-2</SECTNO>
                <SUBJECT>Objective.</SUBJECT>
                <P>The objective is to provide for the orderly disposition at not less than fair market value of public lands identified for sale as part of the land use planning process.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2710.0-3</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>(a) The Secretary of the Interior is authorized by the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701, 1713), to sell public lands where, as a result of land use planning, it is determined that the sale of such tract meets any or all of the following disposal criteria:</P>
                <P>(1) Such tract was acquired for a specific purpose and the tract is no longer required for that or any other Federal purpose; or</P>
                <P>(2) Disposal of such tract shall serve important public objectives, including but not limited to, expansion of communities and economic development, which cannot be achieved prudently or feasibly on lands other than public lands and which outweigh other public objectives and values, including, but not limited to, recreation and scenic values, which would be served by maintaining such tract in Federal ownership; or</P>
                <P>(3) Such tract, because of its location or other characteristics is difficult and uneconomic to manage as part of the public lands and is not suitable for management by another Federal department or agency.</P>
                <P>(b) The Secretary of the Interior is authorized by section 310 of the Federal Land Policy and Management Act (43 U.S.C. 1740) to promulgate rules and regulations to carry out the purpose of the Act.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 2710.0-5</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>As used in this part, the term</P>
                <P>(a) <E T="03">Public lands</E> means any lands and interest in lands owned by the United States and administered by the Secretary through the Bureau of Land Management except:</P>
                <P>(1) Lands located on the Outer Continental Shelf;</P>
                <P>(2) Lands held for the benefit of Indians, Aleuts, and Eskimos.</P>
                <P>(b) <E T="03">Secretary</E> means the Secretary of the Interior.</P>
            