[Title 43 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2017 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

          Title 43

Public Lands: Interior


________________________

Part 1000 to End

                         Revised as of October 1, 2017

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2017
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 43:
    SUBTITLE B--Regulations Relating to Public Lands 
      (Continued)
          Chapter II--Bureau of Land Management, Department of 
          the Interior                                               5
          Chapter III--Utah Reclamation Mitigation and 
          Conservation Commission                                 1167
  Finding Aids:
      Index to Chapter II.....................................    1211
      Table of CFR Titles and Chapters........................    1231
      Alphabetical List of Agencies Appearing in the CFR......    1251
      List of CFR Sections Affected...........................    1261

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                     ----------------------------

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 43 CFR 1601.0-1 
                       refers to title 43, part 
                       1600, section 0-1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    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.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    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).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    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.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 2017), 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 
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Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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Code a note has been inserted to reflect the future effective date. In 
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states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page 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.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
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the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
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if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
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alphabetical list of agencies publishing in the CFR are also included in 
this volume.

[[Page vii]]

    An index to the text of ``Title 3--The President'' is carried within 
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    The Federal Register Index is issued monthly in cumulative form. 
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INQUIRIES

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    The e-CFR is a regularly updated, unofficial editorial compilation 
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available at www.ecfr.gov.

    Oliver A. Potts,
    Director,
    Office of the Federal Register.
    October 1, 2017.

                                
                                      
                            

  

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                               THIS TITLE

    Title 43--Public Lands: Interior 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, 2017.

    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. An index to chapter II appears in the Finding 
Aids section of the second volume.

    For this volume, Michele Bugenhagen was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of John 
Hyrum Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                    TITLE 43--PUBLIC LANDS: INTERIOR




                 (This book contains parts 1000 to end)

  --------------------------------------------------------------------

      SUBTITLE B--Regulations Relating to Public Lands (Continued)

                                                                    Part

chapter ii--Bureau of Land Management, Department of the 
  Interior..................................................        1600

chapter iii--Utah Reclamation Mitigation and Conservation 
  Commission................................................       10000

[[Page 3]]

      Subtitle B--Regulations Relating to Public Lands (Continued)

[[Page 5]]



    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR




  --------------------------------------------------------------------

                 SUBCHAPTER A--GENERAL MANAGEMENT (1000)
Part                                                                Page
1000-1599       [Reserved]

1600            Planning, programming, budgeting............          11
                     GROUP 1700--PROGRAM MANAGEMENT
1780            Cooperative relations.......................          29
              GROUP 1800--PUBLIC ADMINISTRATIVE PROCEDURES
1810            Introduction and general guidance...........          36
1820            Application procedures......................          39
1840            Appeals procedures..........................          43
1850            Hearings procedures.........................          43
1860            Conveyances, disclaimers and correction 
                    documents...............................          43
1870            Adjudication principles and procedures......          49
1880            Financial assistance, local governments.....          49
              SUBCHAPTER B--LAND RESOURCE MANAGEMENT (2000)
              GROUP 2000--LAND RESOURCE MANAGEMENT; GENERAL
2090            Special laws and rules......................          53
                        GROUP 2100--ACQUISITIONS
                          GROUP 2200--EXCHANGES
2200            Exchanges: General procedures...............          61
                         GROUP 2300--WITHDRAWALS
2300            Land withdrawals............................          77
2360            National Petroleum Reserve in Alaska........          92
2370            Restorations and revocations................          95
                     GROUP 2400--LAND CLASSIFICATION
2400            Land classification.........................          97

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2410            Criteria for all land classifications.......         100
2420            Multiple-use management classifications.....         101
2430            Disposal classifications....................         102
2440            Segregation by classification...............         104
2450            Petition-application classification system..         105
2460            Bureau initiated classification system......         107
2470            Postclassification actions..................         110
               GROUP 2500--DISPOSITION; OCCUPANCY AND USE
2520            Desert-land entries.........................         110
2530            Indian allotments...........................         126
2540            Color-of-title and omitted lands............         130
2560            Alaska occupancy and use....................         141
                     GROUP 2600--DISPOSITION; GRANTS
2610            Carey Act grants............................         164
2620            State grants................................         169
2630            Railroad grants.............................         180
2640            FAA airport grants..........................         182
2650            Alaska native selections....................         184
                     GROUP 2700--DISPOSITION; SALES
2710            Sales: Federal Land Policy and Management 
                    Act.....................................         213
2720            Conveyance of federally-owned mineral 
                    interests...............................         220
2740            Recreation and Public Purposes Act..........         224
                     GROUP 2800--USE; RIGHTS-OF-WAY
2800            Rights-of-way under the Federal Land Policy 
                    and Management Act......................         233
2810            Tramroads and logging roads.................         293
2880            Rights-of-way under the Mineral Leasing Act.         308
                   GROUP 2900--USE; LEASES AND PERMITS
2910            Leases......................................         333
2920            Leases, permits and easements...............         339
2930            Permits for recreation on public lands......         350
                SUBCHAPTER C--MINERALS MANAGEMENT (3000)
3000            Minerals management: General................         360
3100            Oil and gas leasing.........................         364
3110            Noncompetitive leases.......................         400
3120            Competitive leases..........................         405
3130            Oil and gas leasing: National Petroleum 
                    Reserve, Alaska.........................         409
3140            Leasing in special tar sand areas...........         435
3150            Onshore oil and gas geophysical exploration.         448

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3160            Onshore oil and gas operations..............         452
3170            Onshore oil and gas production..............         485
3180            Onshore oil and gas unit agreements: 
                    Unproven areas..........................         611
3190            Delegation of authority, cooperative 
                    agreements and contracts for oil and gas 
                    inspection..............................         631
3195            Helium contracts............................         639
                GROUP 3200--GEOTHERMAL RESOURCES LEASING
3200            Geothermal resource leasing.................         643
3280            Geothermal resources unit agreements........         701
                       GROUP 3400--COAL MANAGEMENT
3400            Coal management: General....................         725
3410            Exploration licenses........................         731
3420            Competitive leasing.........................         735
3430            Noncompetitive leases.......................         753
3440            Licenses to mine............................         769
3450            Management of existing leases...............         770
3460            Environment.................................         775
3470            Coal management provisions and limitations..         784
3480            Coal exploration and mining operations rules         796
3500            Leasing of solid minerals other than coal 
                    and oil shale...........................         823
3580            Special leasing areas.......................         861
3590            Solid minerals (other than coal) exploration 
                    and mining operations...................         869
                 GROUP 3600--MINERAL MATERIALS DISPOSAL
3600            Mineral materials disposal..................         878
3620            Free use of petrified wood..................         894
                    GROUP 3700--MULTIPLE USE; MINING
3710            Public Law 167; Act of July 23, 1955........         895
3720            [Reserved]

3730            Public Law 359; mining in powersite 
                    withdrawals: General....................         910
3740            Public Law 585; multiple mineral development         914
         GROUP 3800--MINING CLAIMS UNDER THE GENERAL MINING LAWS
3800            Mining claims under the general mining laws.         921
3810            Lands and minerals subject to location......         964
3820            Areas subject to special mining laws........         970
3830            Locating, recording, and maintaining mining 
                    claims or sites; general provisions.....         974

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3831

Mineral lands available for locating mining claims or sites [Reserved]

3832            Locating mining claims or sites.............         983
3833            Recording mining claims and sites...........         988
3834            Required fees for mining claims or sites....         990
3835            Waivers from annual maintenance fees........         992
3836            Annual assessment work requirements for 
                    mining claims...........................         997
3837            Acquiring a delinquent co-claimant's 
                    interests in a mining claim or site.....        1000
3838            Special procedures for locating and 
                    recording mining claims and tunnel sites 
                    on Stockraising Homestead Act (SRHA) 
                    lands...................................        1002
3839

Special laws, in addition to FLPMA, that require recording or notice 
[Reserved]

3860            Mineral patent applications.................        1005
3870            Adverse claims, protests and conflicts......        1016
3900            Oil shale management--general...............        1020
3910            Oil shale exploration licenses..............        1031
3920            Oil shale leasing...........................        1033
3930            Management of oil shale exploration and 
                    leases..................................        1039
                  SUBCHAPTER D--RANGE MANAGEMENT (4000)
                   GROUP 4100--GRAZING ADMINISTRATION
4100            Grazing administration--exclusive of Alaska.        1053
          GROUP 4200--GRAZING ADMINISTRATION; ALASKA; LIVESTOCK
4200            Grazing administration; Alaska; livestock...        1082
      GROUP 4300--GRAZING ADMINISTRATION; ALASKA; REINDEER; GENERAL
4300            Grazing administration; Alaska; reindeer; 
                    general.................................        1083
                           GROUP 4600--LEASES
4600            Leases of grazing land--Pierce Act..........        1087
        GROUP 4700--WILD FREE-ROAMING HORSE AND BURRO MANAGEMENT
4700            Protection, management, and control of wild 
                    free-roaming horses and burros..........        1090
                 SUBCHAPTER E--FOREST MANAGEMENT (5000)
                  GROUP 5000--FOREST MANAGEMENT GENERAL
5000            Administration of forest management 
                    decisions...............................        1099

[[Page 9]]

5040            Sustained-yield forest units................        1100
                  GROUP 5400--SALES OF FOREST PRODUCTS
5400            Sales of forest products; general...........        1101
5410            Annual timber sale plan.....................        1104
5420            Preparation for sale........................        1105
5430            Advertisement...............................        1106
5440            Conduct of sales............................        1107
5450            Award of contract...........................        1109
5460            Sales administration........................        1111
5470            Contract modification--extension--assignment        1115
                      GROUP 5500--NONSALE DISPOSALS
5500            Nonsale disposals; general..................        1116
5510            Free use of timber..........................        1117
           SUBCHAPTER F--PRESERVATION AND CONSERVATION (6000)
6300            Management of designated wilderness areas...        1124
                     SUBCHAPTER G (7000) [RESERVED]
                SUBCHAPTER H--RECREATION PROGRAMS (8000)
           GROUP 8100--CULTURAL RESOURCE MANAGEMENT [RESERVED]
             GROUP 8200--NATURAL HISTORY RESOURCE MANAGEMENT
8200            Procedures..................................        1132
8340            Off-road vehicles...........................        1134
8350            Management areas............................        1138
8360            Visitor services............................        1139
      GROUP 8600--ENVIRONMENTAL EDUCATION AND PROTECTION [RESERVED]
                 SUBCHAPTER I--TECHNICAL SERVICES (9000)
                         GROUP 9100--ENGINEERING
9180            Cadastral survey............................        1145
                         GROUP 9200--PROTECTION
9210            Fire management.............................        1150
9230            Trespass....................................        1152
9260            Law enforcement--criminal...................        1157
9261-9999       [Reserved]

[[Page 11]]



                 SUBCHAPTER A_GENERAL MANAGEMENT (1000)



                       PARTS 1000	1599 [RESERVED]



PART 1600_PLANNING, PROGRAMMING, BUDGETING--Table of Contents



                          Subpart 1601_Planning

Sec.
1601.0-1  Purpose.
1601.0-2  Objective.
1601.0-3  Authority.
1601.0-4  Responsibilities.
1601.0-5  Definitions.
1601.0-6  Environmental impact statement policy.
1601.0-7  Scope.
1601.0-8  Principles.

                Subpart 1610_Resource Management Planning

1610.1  Resource management planning framework.
1610.1-1  Guidance and general requirements.
1610.1-2  Plan components.
1610.2  Public involvement.
1610.2-1  Public notice.
1610.2-2  Public comment periods.
1610.2-3  Availability of the resource management plan.
1610.3  Consultation with Indian tribes and coordination with other 
          Federal agencies, State and local governments, and Indian 
          tribes.
1610.3-1  Consultation with Indian tribes.
1610.3-2  Coordination of planning efforts.
1610.3-3  Consistency requirements.
1610.4  Planning  assessment.
1610.5  Preparation of a resource management plan.
1610.5-1  Identification of planning issues.
1610.5-2  Formulation of resource management alternatives.
1610.5-3  Estimation of effects of alternatives.
1610.5-4  Preparation of the draft resource management plan and 
          selection of preferred alternatives.
1610.5-5  Selection of the proposed resource management plan.
1610.6  Resource management plan approval, implementation, and 
          modification.
1610.6-1  Resource management plan approval and implementation.
1610.6-2  Protest procedures.
1610.6-3  Conformity and implementation.
1610.6-4  Monitoring and evaluation.
1610.6-5  Maintenance.
1610.6-6  Amendment.
1610.6-7  Revision.
1610.6-8  Situations where action can be taken based on another agency's 
          planning documents.
1610.7  Management decision review by Congress.
1610.8  Designation of areas.
1610.8-1  Designation of areas unsuitable for surface mining.
1610.8-2  Designation of areas of critical environmental concern.
1610.9  Transition period.

    Authority: 43 U.S.C. 1711-1712.

    Source: 81 FR 89661, Dec. 12, 2016, unless otherwise noted.



                          Subpart 1601_Planning



Sec. 1601.0-1  Purpose.

    The purpose of this part is to establish in regulations a process 
for the development, approval, maintenance, and amendment of resource 
management plans, and the use of existing plans for public lands 
administered by the Bureau of Land Management (BLM), consistent with the 
principles of multiple use and sustained yield, unless otherwise 
specified by law.



Sec. 1601.0-2  Objective.

    The objective of resource management planning by the BLM is to 
manage public lands on the basis of multiple use and sustained yield, 
unless otherwise specified by law, provide for meaningful public 
involvement by the public, State and local governments, Indian tribes 
and Federal agencies in the preparation and amendment of resource 
management plans, and ensure that the public lands be managed in a 
manner that will protect the quality of scientific, scenic, historical, 
ecological, environmental, air and atmospheric, water resource, and 
archeological values; that, where appropriate, will preserve and protect 
certain public lands in their natural condition; that will provide food 
and habitat for fish and wildlife and domestic animals; that will 
provide for outdoor recreation and human occupancy and use, and which 
recognizes the Nation's need for renewable and non-renewable resources 
including, but not limited to, domestic

[[Page 12]]

sources of minerals, food, timber, and fiber from the public lands.



Sec. 1601.0-3  Authority.

    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) (FLPMA); 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 et seq.); and 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).



Sec. 1601.0-4  Responsibilities.

    (a) The Secretary and the Director provide national level policy and 
procedure guidance for planning. The Director determines the deciding 
official and the planning area for the preparation of resource 
management plans and plan amendments that cross State boundaries. For 
other resource management plans or plan amendments, the deciding 
official shall be the BLM State Director, unless otherwise determined by 
the Director.
    (b) Deciding officials provide quality control and supervisory 
review, including approval, for the preparation and amendment of 
resource management plans and related environmental impact statements or 
environmental assessments. The deciding official determines the 
responsible official for the preparation of each resource management 
plan or plan amendment. The deciding official also determines the 
planning area for resource management plans and plan amendments that do 
not cross State boundaries.
    (c) Responsible officials prepare resource management plans and plan 
amendments and related environmental impact statements or environmental 
assessments.



Sec. 1601.0-5  Definitions.

    As used in this part, the term:
    Areas of Critical Environmental Concern or ACEC 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.
    Conformity or conformance means that a resource management action 
shall be clearly consistent with the plan components of the approved 
resource management plan (see Sec. 1610.6-3).
    Consistent with officially approved and adopted plans means that 
resource management plans are compatible with the terms, conditions, and 
decisions of officially approved and adopted plans of other Federal 
agencies, State and local governments, and Indian tribes, to the maximum 
extent the BLM finds consistent with the purposes of FLPMA and other 
Federal law and regulations applicable to public lands, and the 
purposes, policies and programs implementing such laws and regulations, 
and subject to the qualifications in Sec. 1610.3-3.
    Cooperating agency means an eligible governmental entity (see 43 CFR 
46.225(a)) that has entered into an agreement with the BLM to 
participate in the development of an environmental impact statement or 
environmental assessment as a cooperating agency under the National 
Environmental Policy Act and in the planning process as described in 
Sec. 1610.3-2 of this part. The BLM and the cooperating agency will work 
together under the terms of the agreement.
    Deciding official means the BLM official who is delegated the 
authority to approve a resource management plan or plan amendment (see 
Sec. 1601.0-4).
    High quality information means any representation of knowledge such 
as facts or data, including the best available scientific information, 
which is accurate, reliable, and unbiased, is not compromised through 
corruption or falsification, and is useful to its intended users.
    Indian tribe means an Indian tribe under section 102 of the 
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
    Landscape means an area of land encompassing an interacting mosaic 
of

[[Page 13]]

ecosystems and human systems characterized by a set of common management 
concerns. The landscape is not defined by the size of the area, but 
rather by the interacting elements that are relevant and meaningful in a 
management context.
    Mitigation means the sequence of avoiding impacts, minimizing 
impacts, and compensating for remaining unavoidable impacts.
    Multiple use 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.
    Officially approved and adopted plans means resource-related plans 
prepared and approved by other Federal agencies, State and local 
governments, and Indian tribes pursuant to and in accordance with 
authorization provided by Federal, State, tribal, or local 
constitutions, legislation, or charters which have the force and effect 
of law.
    Plan amendment means an amendment to an approved resource management 
plan or management framework plan to change one or more plan components 
(see Sec. 1610.6-6).
    Plan components means the elements of a resource management plan 
with which future management actions shall be consistent. Plan 
components consist of goals; objectives; designations; resource use 
determinations; monitoring and evaluation standards; and lands 
identified as available for disposal, including sales under section 203 
of FLPMA, as applicable (see Sec. 1610.1-2).
    Plan maintenance means change(s) to an approved resource management 
plan to correct typographical or mapping errors or to reflect minor 
changes in mapping or data (see Sec. 1610.6-5).
    Plan revision means a revision of an approved resource management 
plan that affects the entire resource management plan or major portions 
of the resource management plan (see Sec. 1610.6-7). Preparation or 
development of a resource management plan includes plan revisions.
    Planning area means the geographic area for the preparation or 
amendment of a resource management plan.
    Planning assessment means an evaluation of relevant resource, 
environmental, ecological, social, and economic conditions in the 
planning area (see Sec. 1610.4). A planning assessment is developed to 
inform the preparation and, as appropriate, the implementation of a 
resource management plan.
    Planning issue means disputes, controversies, or opportunities 
related to resource management.
    Public 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 Federal, State, local, and Indian 
tribal governments.
    Public involvement means the opportunity for participation by the 
public in decision making and planning with respect to the public lands.
    Public lands means any lands or interest in lands owned by the 
United States and administered by the Secretary of the Interior through 
the BLM. Public lands do not include lands located on the Outer 
Continental Shelf and lands held for the benefit of Indians, Aleuts, and 
Eskimos.
    Resource management plan means a land use plan as described under 
section 202 of the FLPMA, including plan

[[Page 14]]

revisions. Approval of a resource management plan is not a final 
implementation decision on actions which require further specific plans, 
process steps, or decisions under specific provisions of law and 
regulations.
    Responsible official means a BLM official who is delegated the 
authority to prepare a resource management plan or plan amendment.
    State and local government means the State, any political 
subdivision of the State, and any general purpose unit of local 
government with resource planning, resource management, zoning, or land 
use regulatory authority.
    Sustained yield means the achievement and maintenance in perpetuity 
of a high-level annual or regular periodic output of the various 
renewable resources of the public lands consistent with multiple use.



Sec. 1601.0-6  Environmental impact statement policy.

    The BLM shall prepare an environmental impact statement when 
preparing a resource management plan. The environmental analysis of 
alternatives and the proposed resource management plan shall be 
accomplished as part of the resource management planning process and, 
wherever possible, the proposed resource management plan shall be 
published in a single document with the related environmental impact 
statement.



Sec. 1601.0-7  Scope.

    (a) These regulations apply to all public lands.
    (b) These regulations also govern the preparation of resource 
management plans when the only public land interest is the mineral 
estate.



Sec. 1601.0-8  Principles.

    The development, approval, maintenance, amendment, and revision of 
resource management plans shall provide for public involvement and shall 
be consistent with the principles described in section 202 of FLPMA. 
Additionally, the BLM shall consider the impacts of resource management 
plans on resource, environmental, ecological, social, and economic 
conditions at relevant scales. The BLM also shall consider the impacts 
of resource management plans on, and the uses of, adjacent or nearby 
Federal and non-Federal lands, and non-public land surface over 
federally-owned mineral interests.



                Subpart 1610_Resource Management Planning



Sec. 1610.1  Resource management planning framework.



Sec. 1610.1-1  Guidance and general requirements.

    (a) Guidance for preparation and amendment of resource management 
plans may be provided by the Director and deciding official, as needed, 
to help the responsible official prepare a specific resource management 
plan. Such guidance may include the following:
    (1) Policy established by the President, Secretary, Director, or 
deciding official approved documents, so long as such policy complies 
with the Federal laws and regulations applicable to public lands; and
    (2) Analysis requirements, planning procedures, and other written 
information and instructions required to be considered in the planning 
process.
    (b) The BLM shall use a systematic interdisciplinary approach in the 
preparation and amendment of resource management plans to achieve 
integrated consideration of physical, biological, ecological, social, 
economic, and other sciences. The expertise of the preparers shall be 
appropriate to the resource values involved, the issues identified 
during the issue identification and environmental impact statement 
scoping stage of the planning process, and the principles of multiple 
use and sustained yield unless otherwise specified by law. The 
responsible official may use any necessary combination of BLM staff, 
consultants, contractors, other governmental personnel, and advisors to 
achieve an interdisciplinary approach.
    (c) The BLM shall use high quality information to inform the 
preparation, amendment, and maintenance of resource management plans.



Sec. 1610.1-2  Plan components.

    (a) Plan components guide future management actions within the 
planning area. Resource management plans

[[Page 15]]

shall include the following plan components:
    (1) Goals. A goal is a broad statement of desired outcomes 
addressing resource, environmental, ecological, social, or economic 
characteristics within the planning area, or a portion of the planning 
area, toward which management of the land and resources should be 
directed.
    (2) Objectives. An objective is a concise statement of desired 
resource conditions within the planning area, or a portion of the 
planning area, developed to guide progress toward one or more goals. An 
objective is specific, measurable, and should have established time-
frames for achievement. As appropriate, objectives should also:
    (i) Identify standards to mitigate undesirable impacts to resource 
conditions;
    (ii) Provide integrated consideration of resource, environmental, 
ecological, social, and economic factors; and
    (iii) Identify indicators for evaluating progress toward achievement 
of the objective.
    (b) Resource management plans also shall include the following plan 
components in order to achieve the goals and objectives of the resource 
management plan, or applicable legal requirements or policies, 
consistent with the principles of multiple use and sustained yield 
unless otherwise specified by law:
    (1) Designations. A designation identifies areas of public land 
where management is directed toward one or more priority resource values 
or resource uses.
    (i) Planning designations are identified through the BLM's land use 
planning process in order to achieve the goals and objectives of the 
resource management plan or applicable legal requirements or policies 
such as the designation of areas of critical environmental concern 
(ACEC) (see Sec. 1610.8-2).
    (ii) Non-discretionary designations are designated by the President, 
Congress, or the Secretary of the Interior pursuant to other legal 
authorities.
    (2) Resource use determinations. A resource use determination 
identifies areas of public lands or mineral estate where, subject to 
valid existing rights, specific uses are excluded, restricted, or 
allowed, in order to achieve the goals and objectives of the resource 
management plan or applicable legal requirements or policies. Resource 
use determinations shall be consistent with or support the management 
priorities identified through designations.
    (3) Monitoring and evaluation standards. Monitoring and evaluation 
standards identify indicators and intervals for monitoring and 
evaluation to determine whether the resource management plan objectives 
are being met or there is relevant new information that may warrant 
amendment or revision of the resource management plan.
    (4) Lands identified as available for disposal from BLM 
administration, including sales under section 203 of FLPMA, as 
applicable.
    (c) A plan component may only be changed through a resource 
management plan amendment or revision, except to correct typographical 
or mapping errors or to reflect minor changes in mapping or data (see 
Sec. 1610.6-5).



Sec. 1610.2  Public involvement.

    (a) The BLM shall provide the public with opportunities to become 
meaningfully involved in and comment on the preparation and amendment of 
resource management plans. Public involvement in the resource management 
planning process shall conform to the requirements of the National 
Environmental Policy Act and associated implementing regulations.
    (b) Public involvement activities conducted by the BLM shall be 
documented either by a record or by a summary of the principal issues 
discussed and comments made. The record or summary of the principal 
issues discussed and comments made shall be available to the public and 
open for 30 days to any participant who wishes to review the record or 
summary.
    (c) Before the close of each fiscal year, the BLM shall post the 
status of each resource management plan in process of preparation or 
scheduled to be started to the BLM's Web site.



Sec. 1610.2-1  Public notice.

    (a) When the BLM prepares a resource management plan or amends a 
resource management plan and prepares an environmental impact statement 
to inform the amendment, the

[[Page 16]]

BLM shall notify the public and provide opportunities for public 
involvement appropriate to the areas and people involved during the 
following points in the planning process:
    (1) Preparation of the planning assessment (subject to Sec. 1610.4);
    (2) Identification of planning issues and review of the preliminary 
statement of purpose and need (see Sec. 1610.5-1);
    (3) Review of the preliminary resource management alternatives, 
preliminary rationale for alternatives, and the basis for analysis 
(subject to Secs. 1610.5-2(c) and 1610.5-3(a)(1));
    (4) Comment on the draft resource management plan (see Sec. 1610.5-
4); and
    (5) Protest of the proposed resource management plan (see 
Secs. 1610.5-5 and 1610.6-2).
    (b) When the BLM amends a resource management plan and prepares an 
environmental assessment to inform the amendment, the BLM shall notify 
the public and provide opportunities for public involvement appropriate 
to the areas and people involved during the following points in the 
planning process:
    (1) Identification of planning issues (see Sec. 1610.6-6(a));
    (2) Comment on the draft resource management plan amendment, as 
appropriate (see Sec. 1610.6-6(a)); and
    (3) Protest of the proposed resource management plan amendment (see 
Secs. 1610.5-5 and 1610.6-2).
    (c) The BLM shall announce opportunities for public involvement by 
posting a notice on the BLM's Web site, at all BLM offices within the 
planning area, and at other public locations, as appropriate. The 
responsible official shall identify additional forms of notification to 
reach local communities located within the planning area, as 
appropriate.
    (d) Individuals or groups may request to be notified of 
opportunities for public involvement related to the preparation or 
amendment of a resource management plan. The BLM shall notify those 
individuals or groups through written or electronic means.
    (e) The BLM shall notify the public at least 15 days before any 
public involvement activities where the public is invited to attend, 
such as a public meeting.
    (f) When initiating the identification of planning issues for the 
preparation of a resource management plan or plan amendment, in addition 
to the public notification requirements of Secs. 1610.2-1(c) and 1610.2-
1(d), the BLM shall notify the public as follows:
    (1) The BLM shall publish a notice in appropriate media, including 
newspapers of general circulation in the planning area. The BLM shall 
also publish a notice of intent in the Federal Register. This notice may 
also constitute the scoping notice required by regulations implementing 
the National Environmental Policy Act (40 CFR 1501.7).
    (2) This notice shall include the following:
    (i) Description of the proposed planning action;
    (ii) Identification of the planning area for which the resource 
management plan is to be prepared;
    (iii) The general types of issues anticipated;
    (iv) The expertise to be represented and used to prepare the 
resource management plan, in order to achieve an interdisciplinary 
approach (see Sec. 1610.1-1(b));
    (v) The kind and extent of public involvement opportunities to be 
provided, as known at the time;
    (vi) The times, dates, and locations scheduled or anticipated for 
any public meetings, hearings, conferences, or other gatherings, as 
known at the time;
    (vii) The name, title, address, and telephone number of the BLM 
official who may be contacted for further information; and
    (viii) The location and availability of documents relevant to the 
planning process.
    (g) If, after publication of a proposed resource management plan or 
plan amendment, the BLM intends to select an alternative that is 
encompassed by the range of alternatives in the final environmental 
impact statement or environmental assessment, but is substantially 
different than the proposed resource management plan or plan amendment, 
the BLM shall notify the public and request written comments

[[Page 17]]

on the change before the resource management plan or plan amendment is 
approved (see Sec. 1610.6-1(b)).
    (h) The BLM shall notify the public when a resource management plan 
or plan amendment has been approved.
    (i) When changes are made to an approved resource management plan 
through plan maintenance, the BLM shall notify the public and make the 
changes available for public review at least 30 days prior to their 
implementation.



Sec. 1610.2-2  Public comment periods.

    (a) Any time the BLM requests written comments during the 
preparation or amendment of a resource management plan, the BLM shall 
notify the public and provide for at least 30 calendar days for 
response, unless a longer period is required by law or regulation.
    (b) When requesting written comments on a draft plan amendment and 
an environmental impact statement is prepared to inform the amendment, 
the BLM shall provide at least 60 calendar days for response. The 60-day 
period begins when the Environmental Protection Agency publishes a 
notice of availability of the draft environmental impact statement in 
the Federal Register.
    (c) When requesting written comments on a draft resource management 
plan and draft environmental impact statement, the BLM shall provide at 
least 100 calendar days for response. The 100-day period begins when the 
Environmental Protection Agency publishes a notice of availability of 
the draft environmental impact statement in the Federal Register.
    (d) When a draft resource management plan or plan amendment involves 
possible designation of one or more potential ACECs, the BLM shall 
request written comments on the designations under consideration (see 
Sec. 1610.8-2).



Sec. 1610.2-3  Availability of the resource management plan.

    (a) The BLM shall make copies of the draft, proposed, and approved 
resource management plan or plan amendment reasonably available to the 
public. At a minimum, the BLM shall make copies of these documents 
available electronically and at all BLM offices within the planning 
area. The BLM shall also make any scientific or technical reports the 
responsible official uses in the preparation of a resource management 
plan or plan amendment reasonably available to the public, to the extent 
practical and consistent with Federal law.
    (b) Upon request, the BLM shall make single printed copies of the 
draft or proposed resource management plan or plan amendment available 
to individual members of the public during the public involvement 
process. After the BLM approves a resource management plan or plan 
amendment, the BLM may charge a fee for additional printed copies. Fees 
for reproducing requested documents beyond those used as part of the 
public involvement activities and other than single printed copies of 
the resource management plan or plan amendment may be charged according 
to the Department of the Interior schedule for Freedom of Information 
Act requests in 43 CFR part 2.



Sec. 1610.3  Consultation with Indian tribes and coordination with 
other Federal agencies, State and local governments, and Indian tribes.



Sec. 1610.3-1  Consultation with Indian tribes.

    The BLM shall initiate consultation with Indian tribes on a 
government-to-government basis during the preparation and amendment of 
resource management plans.



Sec. 1610.3-2  Coordination of planning efforts.

    (a) Objectives of coordination. In addition to the public 
involvement prescribed by Sec. 1610.2, and to the extent consistent with 
Federal laws and regulations applicable to public lands, coordination is 
to be accomplished with other Federal agencies, State and local 
governments, and Indian tribes. The objectives of this coordination are 
for the BLM to:
    (1) Keep apprised of the plans, policies, and management programs of 
other Federal agencies, State and local governments, and Indian tribes;
    (2) Assure that the BLM considers those plans, policies, and 
management

[[Page 18]]

programs that are germane in the development of resource management 
plans for public lands;
    (3) Assist in resolving, to the extent practical, inconsistencies 
between Federal and non-Federal government plans;
    (4) 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 notice of final decisions that may have a 
significant impact on non-Federal lands; and
    (5) Where possible and appropriate, develop resource management 
plans collaboratively with cooperating agencies.
    (b) Cooperating agencies. When preparing a resource management plan, 
the responsible official shall follow applicable regulations regarding 
the invitation of eligible governmental entities (see 43 CFR 46.225) to 
participate as cooperating agencies. The same requirement applies when 
the BLM amends a resource management plan and prepares an environmental 
impact statement to inform the amendment.
    (1) The responsible official shall consider any request by an 
eligible governmental entity to participate as a cooperating agency. If 
the responsible official denies a request or determines it is 
inappropriate to extend an invitation to an eligible governmental 
entity, he or she shall inform the deciding official of the denial. The 
deciding official shall determine if the denial is appropriate and state 
the reasons for any denials in the environmental impact statement.
    (2) When a cooperating agency is a non-Federal agency, a memorandum 
of understanding shall be used and shall include a commitment to 
maintain the confidentiality of documents and deliberations during the 
period prior to the public release by the BLM of any documents, 
including drafts (see 43 CFR 46.225(d)).
    (3) The responsible official shall collaborate, to the fullest 
extent possible, with all cooperating agencies concerning those issues 
relating to their jurisdiction and special expertise, during the 
following steps in the planning process:
    (i) Preparation of the planning assessment (see Sec. 1610.4);
    (ii) Identification of planning issues (see Sec. 1610.5-1);
    (iii) Formulation of resource management alternatives (see 
Sec. 1610.5-2);
    (iv) Estimation of effects of alternatives (see Sec. 1610.5-3);
    (v) Preparation of the draft resource management plan (see 
Sec. 1610.5-4); and
    (vi) Preparation of the proposed resource management plan (see 
Sec. 1610.5-5).
    (c) Coordination requirements. The BLM shall provide Federal 
agencies, State and local governments, and Indian tribes opportunity for 
review, advice, and suggestions on issues and topics which may affect or 
influence other agency or other government programs.
    (1) To facilitate coordination with State governments, deciding 
officials should seek the input of the Governor(s) on the timing, scope, 
and coordination of resource management planning; definition of planning 
areas; scheduling of public involvement activities; and multiple use and 
sustained yield on public lands.
    (2) Deciding officials 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 deciding official 
shall provide opportunity for Governor and State agency review, advice, 
and suggestions on issues and topics that the deciding official has 
reason to believe could affect or influence State government programs.
    (3) The responsible official shall notify Federal agencies, State 
and local governments, and Indian tribes that have requested to be 
notified or that the responsible official has reason to believe would be 
interested in the resource management plan or plan amendment of any 
opportunities for public involvement in the preparation or amendment of 
a resource management plan. These notices shall be issued simultaneously 
with the public

[[Page 19]]

notices required under Sec. 1610.2-1 of this part.
    (4) The responsible official shall notify relevant State agencies 
consistent with State procedures for coordination of Federal activities 
for circulation among State agencies, if such procedures exist.
    (5) The responsible official shall provide Federal agencies, State 
and local governments, and Indian tribes the time period prescribed 
under Sec. 1610.2 of this part for review and comment on resource 
management plans and plan amendments.
    (d) Resource advisory councils. When an advisory council has been 
formed under section 309 of FLPMA for the area addressed in a resource 
management plan or plan amendment, the responsible official shall inform 
that council, seek its views, and consider them throughout the planning 
process.



Sec. 1610.3-3  Consistency requirements.

    (a) Resource management plans shall be consistent with officially 
approved and adopted plans of other Federal agencies, State and local 
governments, and Indian tribes to the maximum extent the BLM finds 
consistent with the purposes of FLPMA and other Federal laws and 
regulations applicable to public lands, and the purposes, policies and 
programs implementing such laws and regulations.
    (1) The BLM shall, to the extent practical, keep apprised of 
officially approved and adopted plans of other Federal agencies, State 
and local governments, and Indian tribes and give consideration to those 
plans that are germane in the development of resource management plans.
    (2) The BLM is not required to address the consistency requirements 
of this section if the responsible official has not been notified, in 
writing, by Federal agencies, State and local governments, or Indian 
tribes of an apparent inconsistency.
    (3) If a Federal agency, State and local government, or Indian tribe 
notifies the responsible official, in writing, of what they believe to 
be specific inconsistencies between the BLM draft resource management 
plan and their officially approved and adopted plans, the proposed 
resource management plan shall show how those inconsistencies were 
addressed and, if possible, resolved.
    (4) Where the officially approved and adopted plans of State and 
local governments differ from each other, those of the higher authority 
will normally be followed.
    (b) Governor's consistency review. Prior to the approval of a 
proposed resource management plan or plan amendment, the deciding 
official shall submit to the Governor of the State(s) involved, the 
proposed resource management plan or plan amendment and shall identify 
any relevant known inconsistencies with the officially approved and 
adopted plans of State and local governments.
    (1) The Governor(s) may submit a written document to the deciding 
official within 60 days after receiving the proposed resource management 
plan or plan amendment that:
    (i) Identifies inconsistencies with officially approved and adopted 
land use plans of State and local governments and provides 
recommendations to remedy the identified inconsistencies; or
    (ii) Waives or reduces the 60-day period.
    (2) If the Governor(s) does not respond within the 60-day period, 
the resource management plan or plan amendment is presumed to be 
consistent.
    (3) If the document submitted by the Governor(s) recommends 
substantive changes that were not considered during the public 
involvement process, the BLM shall notify the public and request written 
comments on these changes.
    (4) The deciding official shall notify the Governor(s) in writing of 
his or her decision regarding these recommendations and the reasons for 
this decision.
    (i) The Governor(s) may submit a written appeal to the Director 
within 30 days after receiving the deciding official's decision.
    (ii) The Director shall consider the Governor(s)' appeal and the 
consistency requirements of this section in rendering a final decision. 
The Director shall notify the Governor(s) in writing of his or her 
decision regarding the Governor's appeal. The BLM shall notify the 
public of this decision and

[[Page 20]]

make the written decision available to the public.



Sec. 1610.4  Planning assessment.

    Before initiating the preparation of a resource management plan the 
BLM shall, consistent with the nature, scope, scale, and timing of the 
planning effort, complete a planning assessment.
    (a) Planning area. The BLM shall identify a preliminary planning 
area for use as the basis for the planning assessment.
    (1) In identifying the preliminary planning area, the BLM shall 
consider the following:
    (i) Management concerns identified through monitoring and evaluation 
(see Sec. 1610.6-4);
    (ii) Relevant landscapes based on these management concerns;
    (iii) Director and deciding official guidance;
    (iv) Officially approved and adopted plans of other Federal 
agencies, State and local governments, and Indian tribes; and
    (v) Other relevant information, as appropriate.
    (2) The responsible official shall make a description of and a 
rationale for the preliminary planning area available for public review 
prior to the publication of the notice of intent in the Federal Register 
(see Sec. 1610.2-1(f)).
    (b) Information gathering. The responsible official shall:
    (1) Arrange for relevant resource, environmental, ecological, 
social, economic, and institutional data and information to be gathered, 
or assembled if already available, including the identification of 
potential ACECs (see Sec. 1610.8-2). To the extent consistent with the 
laws governing the administration of the public lands and as 
appropriate, inventory data and information shall be gathered or 
assembled in coordination with the land use planning and management 
programs of other Federal agencies, State and local governments, and 
Indian tribes within which the lands are located, and in a manner that 
aids the planning process and avoids unnecessary data-gathering;
    (2) Identify relevant national, regional, State, tribal, or local 
laws, regulations, policies, guidance, strategies, or plans for 
consideration in the planning assessment. These may include, but are not 
limited to, Executive or Secretarial orders, Departmental or BLM policy, 
Director or deciding official guidance, mitigation strategies, 
interagency initiatives, and State, multi-state, tribal, or local 
resource plans;
    (3) Provide opportunities for other Federal agencies, State and 
local governments, Indian tribes, and the public to provide existing 
data and information or suggest other laws, regulations, policies, 
guidance, strategies, or plans described under paragraph (b)(2) of this 
section, for the BLM's consideration in the planning assessment; and
    (4) Identify relevant public views concerning resource, 
environmental, ecological, social, or economic conditions of the 
planning area.
    (c) Information quality. The responsible official shall evaluate the 
data and information gathered under paragraph (b) of this section to 
ensure the use of high quality information in the planning assessment 
and to identify any data gaps or further information needs.
    (d) Assessment. The responsible official shall assess the resource, 
environmental, ecological, social, and economic conditions of the 
planning area. At a minimum, the responsible official shall consider and 
document the following factors in this assessment when they are 
applicable:
    (1) Resource use and management authorized by FLPMA and other 
relevant authorities;
    (2) Land status and ownership, existing resource management, 
infrastructure, and access patterns in the planning area, including any 
known valid existing rights;
    (3) Current resource, environmental, ecological, social, and 
economic conditions, and any known trends related to these conditions;
    (4) Known resource constraints, or limitations;
    (5) Areas of potential importance within the planning area, 
including:
    (i) Areas of tribal, traditional, or cultural importance;
    (ii) Habitat for special status species, including State or 
federally-listed threatened and endangered species;

[[Page 21]]

    (iii) Other areas of key fish and wildlife habitat such as big game 
wintering and summer areas, bird nesting and feeding areas, habitat 
connectivity or wildlife migration corridors, and areas of large and 
intact habitat;
    (iv) Areas of ecological importance, such as areas that increase the 
ability of terrestrial and aquatic ecosystems within the planning area 
to adapt to, resist, or recover from change;
    (v) Lands with wilderness characteristics, wild and scenic study 
rivers, or areas of significant scientific or scenic value;
    (vi) Areas of significant historical value, including 
paleontological sites;
    (vii) Existing designations located in the planning area, such as 
wilderness, wilderness study areas, wild and scenic rivers, national 
scenic or historic trails, or ACECs;
    (viii) Areas with potential for renewable or non-renewable energy 
development or energy transmission;
    (ix) Areas with known mineral potential;
    (x) Areas with known potential for producing forest products, 
including timber;
    (xi) Areas of importance for recreation activities or access;
    (xii) Areas of importance for public health and safety, such as 
abandoned mine lands or natural hazards;
    (6) Dominant ecological processes, disturbance regimes, and 
stressors, such as drought, wildland fire, invasive species, and climate 
change; and
    (7) The various goods, services, and uses that people obtain from 
the planning area, such as ecological services, domestic livestock 
grazing, fish and wildlife development and utilization, mineral 
exploration and production, rights-of-way, outdoor recreation, and 
timber production; and
    (i) The degree of local, regional, national, or international 
importance of these goods, services, and uses;
    (ii) Available forecasts and analyses related to the supply and 
demand for these goods, services, and uses; and
    (iii) The estimated levels of these goods, services, and uses that 
may be produced on a sustained yield basis.
    (e) Planning assessment report. The responsible official shall 
document the planning assessment in a report made available for public 
review prior to the publication of the notice of intent, which includes 
the identification and rationale for potential ACECs. To the extent 
practical, any non-sensitive geospatial information used in the planning 
assessment should be made available to the public on the BLM's Web site.
    (f) Plan amendments. Before initiating the preparation of a plan 
amendment for which an environmental impact statement will be prepared, 
the BLM shall complete a planning assessment consistent with the 
requirements of this section for the geographic area being considered 
for amendment. The deciding official may waive this requirement for 
project-specific or other minor amendments.



Sec. 1610.5  Preparation of a resource management plan.

    When preparing a resource management plan, or a plan amendment for 
which an environmental impact statement will be prepared, the BLM shall 
follow the process described in Secs. 1610.5-1 through 1610.5-5.



Sec. 1610.5-1  Identification of planning issues.

    (a) The responsible official shall prepare a preliminary statement 
of purpose and need, which briefly indicates the underlying purpose and 
need to which the BLM is responding (see 43 CFR 46.420). This statement 
shall be informed by Director and deciding official guidance (see 
Sec. 1610.1-1(a)), public views (see Sec. 1610.4(a)(4)), the planning 
assessment (see Sec. 1610.4(c)), the results of any previous monitoring 
and evaluation within the planning area (see Sec. 1610.6-4), Federal 
laws and regulations applicable to public lands, and the purposes, 
policies, and programs implementing such laws and regulations. The BLM 
shall initiate the identification of planning issues by notifying the 
public and making the preliminary statement of purpose and need 
available for public review.
    (b) The public, other Federal agencies, State and local governments, 
and Indian tribes shall be given an opportunity to suggest concerns, 
needs, opportunities, conflicts, or constraints related to resource 
management for

[[Page 22]]

consideration in the preparation of the resource management plan, 
including those respecting officially approved and adopted plans of 
other Federal agencies, State and local governments, and Indian tribes. 
The responsible official shall analyze those suggestions and other 
available data and information, such as the planning assessment (see 
Sec. 1610.4-1), and determine the planning issues to be addressed during 
the planning process. Planning issues may be modified during the 
planning process to incorporate new information. The identification of 
planning issues should be integrated with the scoping process required 
by regulations implementing the National Environmental Policy Act (40 
CFR 1501.7).



Sec. 1610.5-2  Formulation of resource management alternatives.

    (a) Alternatives development. The BLM shall consider all reasonable 
resource management alternatives (alternatives) and develop several 
complete alternatives for detailed study. The decision to designate 
alternatives for further development and analysis remains the exclusive 
responsibility of the BLM.
    (1) The alternatives developed shall be informed by the Director and 
deciding official guidance (see Sec. 1610.1(a)), the planning assessment 
(see Sec. 1610.4), the statement of purpose and need (see Sec. 1610.5-
1), and the planning issues (see Sec. 1610.5-1).
    (2) In order to limit the total number of alternatives analyzed in 
detail to a manageable number for presentation and analysis, reasonable 
variations may be treated as sub-alternatives.
    (3) One alternative shall be for no action, which means continuation 
of present level or systems of resource management.
    (4) The resource management plan shall note any alternatives 
identified and eliminated from detailed study and shall briefly discuss 
the reasons for their elimination.
    (b) Rationale for alternatives. The resource management plan shall 
describe the rationale for the differences between alternatives. The 
rationale shall include:
    (1) A description of how each alternative addresses the planning 
issues, consistent with the principles of multiple use and sustained 
yield, unless otherwise specified by law;
    (2) A description of management direction that is common to all 
alternatives; and
    (3) A description of how management direction varies across 
alternatives to address the planning issues.
    (c) Public review of preliminary alternatives. The responsible 
official shall make the preliminary alternatives and the preliminary 
rationale for alternatives available for public review prior to the 
publication of the draft resource management plan and draft 
environmental impact statement, and as appropriate, prior to the 
publication of draft plan amendments when an environmental impact 
statement is prepared to inform the amendment.
    (d) Changes to preliminary alternatives. The BLM may change the 
preliminary alternatives and preliminary rationale for alternatives as 
planning proceeds if it determines that public suggestions or other new 
information make such changes necessary. A description of these changes 
shall be made available to the public in the draft resource management 
plan (see Sec. 1610.5-4).



Sec. 1610.5-3  Estimation of effects of alternatives.

    (a) Basis for analysis. The responsible official shall identify the 
procedures, assumptions, and indicators that will be used to estimate 
the environmental, ecological, social, and economic effects of 
implementing each alternative considered in detail.
    (1) The responsible official shall make the preliminary procedures, 
assumptions, and indicators available for public review prior to the 
publication of the draft resource management plan and draft 
environmental impact statement, and, as appropriate, prior to the 
publication of draft plan amendments when an environmental impact 
statement is prepared to inform the amendment.
    (2) The BLM may change the procedures, assumptions, and indicators 
as planning proceeds if it determines that public suggestions or other 
new information make such changes necessary. A description of these 
changes shall be made available to the public in the

[[Page 23]]

draft resource management plan (see Sec. 1610.5-4).
    (b) Effects analysis. The responsible official shall estimate and 
display the environmental, ecological, economic, and social effects of 
implementing each alternative considered in detail. The estimation of 
effects shall be guided by the basis for analysis, the planning 
assessment, and procedures implementing the National Environmental 
Policy Act. The estimate may be stated in terms of probable ranges where 
effects cannot be precisely determined.



Sec. 1610.5-4  Preparation of the draft resource management plan
and selection of preferred alternatives.

    (a) The responsible official shall prepare a draft resource 
management plan based on Director and deciding official guidance, the 
planning assessment, the planning issues, and the estimation of the 
effects of alternatives. The draft resource management plan and draft 
environmental impact statement shall:
    (1) Describe any changes made to the preliminary alternatives and 
preliminary procedures, assumptions, and indicators;
    (2) Evaluate the alternatives; and
    (3) Identify one or more preferred alternatives, if one or more 
exist, and explain the rationale for the preference or absence of a 
preference. The identification of one or more preferred alternatives 
remains the exclusive responsibility of the BLM.
    (b) The resulting draft resource management plan and draft 
environmental impact statement shall be forwarded to the deciding 
official for publication and filing with the Environmental Protection 
Agency.
    (c) This draft resource management plan and draft environmental 
impact statement shall be provided for comment to the Governor(s) of the 
State(s) involved, and to officials of other Federal agencies, State and 
local governments, and Indian tribes that have requested to be notified 
of opportunities for public involvement or that the deciding official 
has reason to believe would be interested (see Sec. 1610.3-2(c)). This 
action constitutes compliance with the requirements of Sec. 3420.1-7 of 
this title.



Sec. 1610.5-5  Selection of the proposed resource management plan.

    (a) After publication of the draft resource management plan and 
draft environmental impact statement, the responsible official shall 
evaluate the comments received and prepare the proposed resource 
management plan and final environmental impact statement.
    (b) The deciding official shall publish these documents and file the 
final environmental impact statement with the Environmental Protection 
Agency.



Sec. 1610.6  Resource management plan approval, implementation,
and modification.



Sec. 1610.6-1  Resource management plan approval and implementation.

    (a) The deciding official may approve the resource management plan 
or plan amendment for which an environmental impact statement was 
prepared no earlier than 30 days after the Environmental Protection 
Agency publishes a notice of availability of the final environmental 
impact statement in the Federal Register.
    (b) Approval shall be withheld on any portion of a resource 
management plan or plan amendment being protested (see Sec. 1610.6-2) 
until final action has been completed on such protest. If, after 
publication of a proposed resource management plan or plan amendment, 
the BLM intends to select an alternative that is within the spectrum of 
alternatives in the final environmental impact statement or 
environmental assessment, but is substantially different than the 
proposed resource management plan or plan amendment, the BLM shall 
notify the public and request written comments on the change before the 
resource management plan or plan amendment is approved.
    (c) The approval of a resource management plan or a plan amendment 
for which an environmental impact statement is prepared shall be 
documented in a concise public record of the decision (see 40 CFR 
1505.2).



Sec. 1610.6-2  Protest procedures.

    (a) Any member of the public who participated in the preparation of 
the resource management plan or plan

[[Page 24]]

amendment and has an interest which may be adversely affected by the 
approval of a proposed resource management plan or plan amendment may 
protest such approval. A protest may raise only those issues which were 
submitted for the record during the preparation of the resource 
management plan or plan amendment (see Sec. 1610.5), unless the protest 
concerns an issue that arose after the close of the opportunity for 
public comment on the draft resource management plan.
    (1) Submission. The protest must be in writing and must be filed 
with the Director. The protest may be filed as a hard-copy or 
electronically. The responsible official shall specify protest filing 
procedures for each resource management plan or plan amendment, 
including the method the public may use to submit a protest 
electronically.
    (2) Timing. For resource management plans or plan amendments for 
which an environmental impact statement was prepared, the protest must 
be filed within 30 days after the date the Environmental Protection 
Agency published the notice of availability of the final environmental 
impact statement in the Federal Register. For plan amendments for which 
an environmental assessment was prepared, the protest must be filed 
within 30 days after the date that the BLM notifies the public of the 
availability of the amendment.
    (3) Content requirements. The protest must:
    (i) Include the name, mailing address, telephone number, email 
address (if available), and interest of the person filing the protest;
    (ii) State how the protestor participated in the preparation of the 
resource management plan or plan amendment;
    (iii) Identify the plan component(s) believed to be inconsistent 
with Federal laws or regulations applicable to public lands, or the 
purposes, policies, and programs implementing such laws and regulations;
    (iv) Concisely explain why the plan component(s) is believed to be 
inconsistent with Federal laws or regulations applicable to public 
lands, or the purposes, policies, and programs implementing such laws 
and regulations and, unless the protest concerns an issue that arose 
after the close of the opportunity for public comment on the draft 
resource management plan, identify the associated issue or issues raised 
during the preparation of the resource management plan or plan 
amendment; and
    (v) Include 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, unless the protest concerns an issue that arose after the close 
of the opportunity for public comment on the draft resource management 
plan.
    (4) Availability. Upon request, the Director shall make protests 
available to the public, withholding any protected information that is 
exempt from disclosure under applicable laws or regulations.
    (b) The Director shall render a written decision on all protests and 
notify protesting parties of the decision. The decision on the protest 
and the reasons for the decision shall be made available to the public. 
The decision of the Director is the final decision of the Department of 
the Interior. Approval will be withheld on any portion of a resource 
management plan or plan amendment until final action has been completed 
on such protest (see Sec. 1610.6-1(b)).
    (c) The Director may dismiss any protest that does not meet the 
requirements of this section. The Director shall notify protesting 
parties of the dismissal and provide the reasons for the dismissal.



Sec. 1610.6-3  Conformity and implementation.

    (a) All future resource management authorizations and actions, and 
subsequent more detailed or specific planning, shall conform to the plan 
components of the approved resource management plan.
    (b) After a resource management plan or plan amendment is approved, 
and if otherwise authorized by law, regulation, contract, permit, 
cooperative agreement, or other instrument of occupancy and use, the BLM 
shall take appropriate measures, subject to valid

[[Page 25]]

existing rights, to make operations and activities under existing 
permits, contracts, cooperative agreements, or other instruments for 
occupancy and use, conform to the plan components of the approved 
resource management plan or plan 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 plan 
amendment may appeal such action pursuant to part 4, subpart E of this 
chapter, at the time the specific action is proposed for implementation.
    (c) If a proposed action is not in conformance with a plan 
component, and the deciding official determines that such action 
warrants further consideration before a resource management plan 
revision is scheduled, such consideration shall be through a resource 
management plan amendment in accordance with Sec. 1610.6-6 of this part.
    (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: Part 3400 of this title for coal; part 
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.



Sec. 1610.6-4  Monitoring and evaluation.

    (a) The BLM shall monitor and evaluate the resource management plan 
in accordance with the monitoring and evaluation standards to determine 
whether:
    (1) The resource management plan objectives are being met; and
    (2) There is relevant new information or other sufficient cause to 
warrant consideration of amendment or revision of the resource 
management plan.
    (b) The responsible official shall document the evaluation of the 
resource management plan in a report made available for public review on 
the BLM's Web site.



Sec. 1610.6-5  Maintenance.

    Resource management plans may be maintained as necessary to correct 
typographical or mapping errors or to reflect minor changes in mapping 
or data. Maintenance shall not change a plan component of the approved 
resource management plan, except to correct typographical or mapping 
errors or to reflect minor changes in mapping or data. Maintenance is 
not considered a resource management plan amendment and shall not 
require the formal public involvement and interagency coordination 
process described under Secs. 1610.2 and 1610.3 of this part or the 
preparation of an environmental assessment or environmental impact 
statement. When changes are made to an approved resource management plan 
through plan maintenance, the BLM shall notify the public and make the 
changes available for public review at least 30 days prior to their 
implementation.



Sec. 1610.6-6  Amendment.

    (a) A plan component may be changed through amendment. An amendment 
may be initiated when the BLM determines monitoring and evaluation 
findings, new high quality information, new or revised policy, a 
proposed action, or other relevant changes in circumstances, such as 
changes in resource, environmental, ecological, social, or economic 
conditions, warrants a change to one or more of the plan components of 
the approved resource management plan. An amendment shall be made in 
conjunction with an environmental assessment of the proposed change, or 
an environmental impact statement, if necessary. When amending a 
resource management plan, the BLM shall provide for public involvement 
(see Sec. 1610.2), interagency coordination, tribal consultation, 
consistency review (see Sec. 1610.3), and protest (see Sec. 1610.6-2). 
In all cases, the effect of the amendment on other plan components shall 
be evaluated. If the amendment is being considered in response to a 
specific proposal, the effects analysis required for the proposal and 
for the amendment may occur simultaneously.
    (b) If the environmental assessment does not disclose significant 
impacts, the responsible official may make a finding of no significant 
impact and then make a recommendation on the amendment to the deciding 
official for approval. Upon approval, the BLM

[[Page 26]]

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.
    (c) If the BLM amends several resource management plans 
simultaneously, a single programmatic environmental impact statement or 
environmental assessment may be prepared to address all amendments.



Sec. 1610.6-7  Revision.

    The BLM may revise a resource management plan, as necessary, when 
monitoring and evaluation findings (Sec. 1610.6-4), new data, new or 
revised policy, or other relevant changes in circumstances affect the 
entire resource management plan or major portions of the resource 
management plan. Revisions shall comply with all of the requirements of 
this part for preparing and approving a resource management plan.



Sec. 1610.6-8  Situations where action can be taken based on another
agency's planning documents.

    These regulations authorize the preparation of a resource management 
plan for whatever public land interests exist in a given land area, 
including mixed ownership where the public land estate is under non-
Federal surface, or administration of the land is shared by the BLM and 
another Federal agency. The BLM may rely on the planning documents of 
other agencies when split or shared estate conditions exist in any of 
the following situations:
    (a) Another agency's plan (Federal, tribal, State, or local) may be 
relied on 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 involvement, and is 
consistent with Federal laws and regulations applicable to public lands, 
and the purposes, policies and programs implementing such laws and 
regulations.
    (b) After evaluation and review, the BLM may adopt another agency's 
plan for continued use as a resource management plan so long as the plan 
is consistent with Federal laws and regulations applicable to public 
lands, and the purposes, policies, and programs implementing such laws 
and regulations, and an agreement is reached between the BLM and the 
other agency to provide for maintenance and amendment of the plan, as 
necessary.
    (c) Another agency's resource assessment may be relied on only if it 
is comprehensive and has considered the resource, environmental, 
ecological, social, and economic conditions in a way comparable to the 
manner in which these conditions would have been considered in a 
planning assessment (see Sec. 1610.4), including the opportunity for 
public involvement, and is consistent with Federal laws and regulations 
applicable to public lands, and the purposes, policies, and programs 
implementing such laws and regulations.
    (d) A land use analysis may be relied on 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 involvement as required by Sec. 1610.2, the 
consultation and consistency determinations required by Sec. 1610.3, the 
protest procedure prescribed by Sec. 1610.6-2, and a decision on the 
coal lease proposal. A land use analysis meets the planning requirements 
of section 202 of FLPMA.



Sec. 1610.7  Management decision review by Congress.

    FLPMA requires that any BLM 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 is not required prior to approval of a 
resource management plan which, if fully or partially implemented, would 
result in such an elimination of use(s). 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.

[[Page 27]]



Sec. 1610.8  Designation of areas.



Sec. 1610.8-1  Designation of areas unsuitable for surface mining.

    (a)(1) The resource management 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 Sec. 3461.1 of this title.
    (2) When petitions to designate land unsuitable under section 522(c) 
of the Surface Mining Control and Reclamation Act are referred to the 
BLM for comment, the resource management plan, or plan amendment if 
available, shall be the basis for review.
    (3) After a resource management plan or plan amendment is approved 
in which lands are assessed as unsuitable, the BLM shall take all 
necessary steps to implement the results of the unsuitability review as 
it applies to all or certain types of coal mining.
    (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.
    (2) When petitions to designate lands unsuitable under section 601 
of the Surface Mining Control and Reclamation Act are received by the 
BLM, the resource management plan, if available, shall be the basis for 
determinations for designation.
    (3) After a resource management plan or plan amendment in which 
lands are designated unsuitable is approved, the BLM shall take all 
necessary steps to implement the results of the unsuitability review as 
it applies to minerals or materials other than coal.



Sec. 1610.8-2  Designation and protection of areas of critical
environmental concern.

    (a) Areas having potential for ACEC designation and protection shall 
be identified through inventory of public lands and during the planning 
assessment, and considered during the preparation or amendment of a 
resource management plan. The inventory data shall be analyzed to 
determine whether there are areas containing resources, values, systems 
or processes, or natural hazards eligible for further consideration for 
designation as an ACEC. In order to be a potential ACEC, both of the 
following criteria must be met:
    (1) Relevance. There must be present a significant historic, 
cultural, or scenic value; a fish or wildlife resource or other natural 
system or process; or natural hazard; and
    (2) Importance. The value, resource, system, process, or natural 
hazard described in paragraph (a)(1) of this section must have 
substantial significance and values. This generally requires qualities 
of 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.
    (b) Potential ACECs shall be considered for designation during the 
preparation or amendment of a resource management plan consistent with 
the priority established by FLPMA (43 U.S.C. 1712(c)(3)). The 
identification of a potential ACEC shall not, of itself, change or 
prevent change of the management or use of public lands. ACECs require 
special management attention (when such areas are developed or used or 
no development is required) to protect and prevent irreparable damage to 
the important historic, cultural, or scenic values, fish and wildlife 
resources or other natural system or process, or to protect life and 
safety from natural hazards.
    (1) When a draft resource management plan or plan amendment involves 
possible designation of one or more potential ACECs, the BLM shall 
publish a notice in the Federal Register and request written comments on 
the designations under consideration. This step may be integrated with 
the notice and comment period for the draft resource management plan or 
plan amendment (see Sec. 1610.2-2). Any draft resource management plan 
or plan amendment involving a potential ACEC shall include a list of 
each potential ACEC and any special management

[[Page 28]]

attention which would occur if it were formally designated.
    (2) The approval of a resource management plan or plan amendment 
that contains an ACEC constitutes formal designation of an ACEC. The 
approved plan shall include a list of all designated ACECs, and include 
any special management attention, such as resource use determinations 
(Sec. 1610.1-2(b)(2)), identified to protect the designated ACECs.



Sec. 1610.9  Transition period.

    (a) Until superseded by resource management plans, management 
framework plans may be the basis for considering proposed actions as 
follows:
    (1) The management framework plan must be in compliance with the 
principle of multiple use and sustained yield unless otherwise specified 
by law, and must have been developed with public involvement and 
governmental coordination, but not necessarily precisely as prescribed 
in Secs. 1610.2 and 1610.3 of this part.
    (2) For proposed actions a determination shall be made by the 
responsible official 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.
    (i) If the proposed action is in conformance with the management 
framework plan, it may be further considered for decision under 
procedures applicable to that type of action, including the regulatory 
provisions of the National Environmental Policy Act.
    (ii) If the proposed action is not in conformance with the 
management framework plan, and if the proposed action warrants further 
consideration before a resource management plan is scheduled for 
preparation, such consideration shall be through an amendment to the 
management framework plan under the provisions of Sec. 1610.6-6 of this 
part.
    (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 or an environmental impact statement, if 
necessary, plus any other data and analysis deemed necessary by the BLM 
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.
    (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 Sec. 1610.6-6 of this part for 
amending a plan.
    (c)(1) When considering whether a proposed action is in conformance 
with a resource management plan, the BLM shall use an existing resource 
management plan approved prior to January 11, 2017 until it is 
superseded by a resource management plan or plan amendment prepared 
under the regulations in this part. In such circumstances, the proposed 
action must either be specifically provided for in the resource 
management plan or clearly consistent with the terms, conditions, and 
decisions of the approved plan.
    (2) If a resource management plan is amended by a plan amendment 
prepared under the regulations in this part, a future proposed action 
must be clearly consistent with the plan components of the provisions of 
the approved resource management plan amended under the regulations in 
this part and the terms, conditions, and decisions of the provisions of 
the approved resource management plan that have not been amended under 
the regulations in this part.
    (d) If the preparation, revision, or amendment of a plan was 
formally initiated by issuance of a notice of intent in the Federal 
Register prior to January 11, 2017, the BLM may complete and approve the 
resource management plan or plan amendment pursuant to the requirements 
of this part or to the provisions of the planning regulations in 43 CFR 
part 1600 in effect prior to the effective date of this rule.

[[Page 29]]



Group 1700_Program Management--Table of Contents





PART 1780_COOPERATIVE RELATIONS--Table of Contents



                    Subpart 1784_Advisory Committees

Sec.
1784.0-1  Purpose.
1784.0-2  Objectives.
1784.0-3  Authority.
1784.0-4  [Reserved]
1784.0-5  Definitions.
1784.0-6  Policy.
1784.1  Establishment, duration, termination, and renewal.
1784.1-1  Establishment.
1784.1-2  Duration, termination, and renewal.
1784.2  Composition, avoidance of conflict of interest.
1784.2-1  Composition.
1784.2-2  Avoidance of conflict of interest.
1784.3  Member service.
1784.4  Public participation.
1784.4-1  Calls for nominations.
1784.4-2  Notice of meetings.
1784.4-3  Open meetings.
1784.5  Operating procedures.
1784.5-1  Functions.
1784.5-2  Meetings.
1784.5-3  Records.
1784.6  Membership and functions of resource advisory councils and sub-
          groups.
1784.6-1  Resource advisory councils--requirements.
1784.6-2  Resource advisory councils--optional features.

    Authority: 5 U.S.C. App. (Federal Advisory Committee Act); 43 U.S.C. 
1739.

    Source: 45 FR 8177, Feb. 6, 1980, unless otherwise noted.



                    Subpart 1784_Advisory Committees



Sec. 1784.0-1  Purpose.

    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.



Sec. 1784.0-2  Objectives.

    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.



Sec. 1784.0-3  Authority.

    (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.
    (b) The Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.), as amended by the Public Rangelands Improvement Act of 
1978 (43 U.S.C. 1901 et seq.), requires establishment of advisory 
councils representative of major citizen interests concerned with 
resource management planning or the management of public lands.
    (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.

[45 FR 8177, Feb. 6, 1980, as amended at 51 FR 39529, Oct. 29, 1986]



Sec. 1784.0-4  [Reserved]



Sec. 1784.0-5  Definitions.

    As used in this subpart, the term:
    (a) Advisory committee means any committee, council, or board 
established or utilized for purposes of obtaining advice or 
recommendations.
    (b) Secretary means Secretary of the Interior.
    (c) Director means the Director of the Bureau of Land Management.
    (d) Designated Federal officer means the Federal officer or employee 
designated by an advisory committee

[[Page 30]]

charter who approves meeting agendas and attends all meetings of the 
committee and its subcommittees, if any.
    (e) Public lands 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:
    (1) Lands located on the Outer Continental Shelf; and
    (2) Lands held for the benefit of Indians, Aleuts, and Eskimos.

[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]



Sec. 1784.0-6  Policy.

    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.



Sec. 1784.1  Establishment, duration, termination, and renewal.



Sec. 1784.1-1  Establishment.

    (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.
    (b) An advisory committee not specifically required by statute shall 
be established only when the Secretary has--
    (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;
    (2) Signed and filed the committee charter; and
    (3) Published in the Federal Register a notice of his determination 
and of the establishment of the committee.
    (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.



Sec. 1784.1-2  Duration, termination, and renewal.

    (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.
    (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.



Sec. 1784.2  Composition, avoidance of conflict of interest.



Sec. 1784.2-1  Composition.

    (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

[[Page 31]]

of race, age, sex, religion or national origin.
    (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 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.

[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]



Sec. 1784.2-2  Avoidance of conflict of interest.

    (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--
    (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;
    (2) That the lack of candidates make them the only available 
candidates; or
    (3) When they have special knowledge or experience which is needed 
to accomplish the committee functions to be performed.
    (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.
    (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.

[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]



Sec. 1784.3  Member service.

    (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.
    (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;
    (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;
    (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.
    (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--
    (1) No longer meets the requirements under which elected or 
appointed;
    (2) Fails or is unable to participate regularly in committee work; 
or
    (3) Has violated Federal law or the regulations of the Secretary.
    (d) For purposes of compensation, members of advisory committees 
shall be reimbursed for travel and per diem

[[Page 32]]

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 per diem expenses to members of 
subgroups who are also members of the parent committee.

[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]



Sec. 1784.4  Public participation.



Sec. 1784.4-1  Calls for nominations.

    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 Federal Register and 
are made through media releases and systematic contacts with individuals 
and organizations interested in the use and management of public lands 
and resources.



Sec. 1784.4-2  Notice of meetings.

    (a) Notices of meetings of advisory committees and any subcommittees 
that may be formed shall be published in the Federal Register 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 Federal Register and distributed 
to the media at least 15 days in advance of a meeting.
    (b) Notices shall set forth meeting locations, topics or issues to 
be discussed, and times and places for the public to be heard.



Sec. 1784.4-3  Open meetings.

    (a) All advisory committee and subcommittee meetings and associated 
field examinations shall be open to the public and news media.
    (b) Anyone may appear before or file a statement with a committee or 
subcommittee regarding matters on a meeting agenda.
    (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.



Sec. 1784.5  Operating procedures.



Sec. 1784.5-1  Functions.

    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.

[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]



Sec. 1784.5-2  Meetings.

    (a) Advisory committees shall meet only at the call of the Secretary 
or the designated Federal officer.
    (b) No meeting shall be held in the absence of the Secretary or the 
designated Federal officer.
    (c) Each meeting shall be conducted with close adherence to an 
agenda which has been approved in advance by the authorized 
representative.
    (d) The authorized representative may adjourn an advisory committee 
meeting at any time when--
    (1) Continuance would be inconsistent with either the purpose for 
which the meeting was called or the established rules for its conduct; 
or
    (2) Adjournment is determined to be in the public interest.

[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]



Sec. 1784.5-3  Records.

    (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--
    (1) The time and place of the meeting;
    (2) Copies of the Federal Register and other public notices 
announcing the meeting;
    (3) A list of advisors and Department or Bureau employees present;

[[Page 33]]

    (4) A list of members of the public present and who each 
represented;
    (5) The meeting agenda;
    (6) A complete and accurate summary description of matters discussed 
and conclusions reached;
    (7) A list of recommendations made by the advisory committee;
    (8) Copies of all reports received, issued, or approved by the 
Committee or subcommittee; and
    (9) A description of the nature of public participation. The 
Chairperson of the advisory committee shall certify to the accuracy of 
meeting records.
    (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).



Sec. 1784.6  Membership and functions of resource advisory councils
and sub-groups.



Sec. 1784.6-1  Resource advisory councils--requirements.

    (a) Resource advisory councils shall be established to cover all 
lands administered by the Bureau of Land Management, except where--
    (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
    (2) The location of the public lands with respect to the population 
of users and other interested parties precludes effective participation.
    (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.
    (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:
    (1) Persons who--
    (i) Hold Federal grazing permits or leases within the area for which 
the council is organized;
    (ii) Represent interests associated with transportation or rights-
of-way;
    (iii) Represent developed outdoor recreation, off-highway vehicle 
users, or commercial recreation activities;
    (iv) Represent the commercial timber industry; or
    (v) Represent energy and mineral development.
    (2) Persons representing--
    (i) Nationally or regionally recognized environmental organizations;
    (ii) Dispersed recreational activities;
    (iii) Archeological and historical interests; or
    (iv) Nationally or regionally recognized wild horse and burro 
interest groups.
    (3) Persons who--
    (i) Hold State, county or local elected office;
    (ii) Are employed by a State agency responsible for management of 
natural resources, land, or water;
    (iii) Represent Indian tribes within or adjacent to the area for 
which the council is organized;
    (iv) Are employed as academicians in natural resource management or 
the natural sciences; or
    (v) Represent the affected public-at-large.
    (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

[[Page 34]]

Secretary shall provide for balanced and broad representation from 
within each category.
    (e) In making appointments to resource advisory councils the 
Secretary shall consider nominations made by the Governor of the State 
or States affected and nominations received in response to public calls 
for nominations pursuant to Sec. 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.
    (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.
    (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.
    (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.
    (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.
    (j) Administrative support for a resource advisory council shall be 
provided by the office of the designated Federal officer.

[60 FR 9958, Feb. 22, 1995]



Sec. 1784.6-2  Resource advisory councils--optional features.

    (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.

                               (1) Model A

    (i) Council jurisdiction. 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.
    (ii) Membership. Each council shall have 15 members, distributed 
equally among the 3 interest groups specified in Sec. 1784.6-1(c).
    (iii) Quorum and voting requirements. At least 3 council members 
from each of the 3 categories of interest from which appointments are 
made pursuant to Sec. 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.
    (iv) Subgroups. 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

[[Page 35]]

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.
    (A) Rangeland resource teams will consist of 5 members selected by 
the resource advisory council. Membership will include 2 persons holding 
Federal 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.
    (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.
    (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.
    (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.

                               (2) Model B

    (i) Council jurisdiction. 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.
    (ii) Membership. The council shall have 15 members, distributed 
equally among the 3 interest groups specified in Sec. 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.
    (iii) Quorum and voting requirements. 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.
    (iv) Subgroups. 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

[[Page 36]]

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 
will be required to send a recommendation to the resource advisory 
council.
    (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.
    (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.

                               (3) Model C

    (i) Council jurisdiction. The jurisdiction of the council shall be 
on the basis of ecoregion, State, or BLM district boundaries.
    (ii) Membership. Membership of the council shall be 10 to 15 
members, distributed in a balanced fashion among the 3 interest groups 
defined in Sec. 1784.6-1(c).
    (iii) Quorum and voting requirements. 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.
    (iv) Subgroups. 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 Sec. 1784.6-
1(c).
    (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.
    (B) [Reserved]

[60 FR 9959, Feb. 22, 1995]



Group 1800_Public Administrative Procedures--Table of Contents





PART 1810_INTRODUCTION AND GENERAL GUIDANCE--Table of Contents



                       Subpart 1810_General Rules

Sec.
1810.1  Rules of construction; words and phrases.
1810.2  Communications by mail; when mailing requirements are met.
1810.3  Effect of laches; authority to bind government.
1810.4  Information required by forms.

[[Page 37]]

              Subpart 1812_Qualifications of Practitioners

1812.1  General.
1812.1-1  Regulations governing practice before the Department.
1812.1-2  Inquiries.

                      Subpart 1815_Disaster Relief

1815.0-3  Authority.
1815.0-5  Definitions.
1815.1  Timber sale contracts.
1815.1-1  Relief granted.
1815.1-2  Applications.

    Authority: 43 U.S.C. 1740.



                       Subpart 1810_General Rules

    Source: 35 FR 9513, June 13, 1970, unless otherwise noted.



Sec. 1810.1  Rules of construction; words and phrases.

    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:
    (a) Words importing the singular include and apply to the plural 
also;
    (b) Words importing the plural include the singular;
    (c) Words importing the masculine gender include the feminine as 
well;
    (d) Words used in the present tense include the future as well as 
the present;
    (e) The words person and whoever include corporations, companies, 
associations, firms, partnerships, societies, and joint stock companies, 
as well as individuals;
    (f) Officer and authorized officer include any person authorized by 
law or by lawful delegation of authority to perform the duties 
described;
    (g) Signature or subscription includes a mark when the person making 
the same intended it as such;
    (h) Oath includes affirmation, and sworn includes affirmed;
    (i) Writing includes printing and typewriting as well as holographs, 
and copies include all types of reproductions on paper, including 
photographs, multigraphs, mimeographs and manifolds;
    (j) The word company or association, when used in reference to a 
corporation, shall be deemed to embrace the words successors and assigns 
of such company or association, in like manner as if these last-named 
words, or words of similar import, were expressed.



Sec. 1810.2  Communications by mail; when mailing requirements are met.

    (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.
    (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.



Sec. 1810.3  Effect of laches; authority to bind government.

    (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.
    (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.
    (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.

[[Page 38]]



Sec. 1810.4  Information required by forms.

    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.



              Subpart 1812_Qualifications of Practitioners



Sec. 1812.1  General.



Sec. 1812.1-1  Regulations governing practice before the Department.

    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.

[35 FR 9513, June 13, 1970]



Sec. 1812.1-2  Inquiries.

    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.

[35 FR 9513, June 13, 1970]



                      Subpart 1815_Disaster Relief

    Authority: Sec. 242 (a), (b), Disaster Relief Act of 1970, 84 Stat. 
1744.

    Source: 36 FR 15534, Aug. 17, 1971, unless otherwise noted.



Sec. 1815.0-3  Authority.

    Disaster Relief Act of 1970 (84 Stat. 1744).



Sec. 1815.0-5  Definitions.

    Major disaster 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.



Sec. 1815.1  Timber sale contracts.



Sec. 1815.1-1  Relief granted.

    (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:
    (1) For sales of less than 1 million board feet, costs over $1,000;
    (2) For sales of from 1 to 3 million board feet, costs over the sum 
of $1 per thousand board feet;
    (3) For sales of over 3 million board feet, costs over $3,000.
    (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.



Sec. 1815.1-2  Applications.

    (a) Place of filing. The application for relief shall be filed in 
the office which issued the contract.
    (b) Form of application. No special form of application is 
necessary.

[[Page 39]]

    (c) Contents of application. (1) The date of issuance of the 
contract and any identification number.
    (2) The particular disaster and its effect upon contract 
performance.
    (3) An estimate of the damages suffered.
    (4) A statement of the relief requested.
    (5) An estimate of time which will be needed to overcome the delay 
in performance caused by the disaster.



PART 1820_APPLICATION PROCEDURES--Table of Contents



                    Subpart 1821_General Information

Sec.
1821.10  Where are BLM offices located?
1821.11  During what hours may I file an application?
1821.12  Are these the only regulations that will apply to my 
          application or other required document?
1821.13  What if the specific program regulations conflict with these 
          regulations?

                 Subpart 1822_Filing a Document with BLM

1822.10  How should my name appear on applications and other required 
          documents that I submit to BLM?
1822.11  What must I do to make an official filing with BLM?
1822.12  Where do I file my application or other required documents?
1822.13  May I file electronically?
1822.14  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?
1822.15  If I miss filing a required document or payment within the 
          specified period, can BLM consider it timely filed anyway?
1822.16  Where do I file an application that involves lands under the 
          jurisdiction of more than one BLM State Office?
1822.17  When are documents considered filed simultaneously?
1822.18  How does BLM decide in which order to accept documents that are 
          simultaneously filed?

                    Subpart 1823_Payments and Refunds

1823.10  How may I make my payments to BLM?
1823.11  What is the authority for BLM issuing a refund of a payment?
1823.12  When and how may I obtain a refund?
1823.13  Is additional documentation needed when a third party requests 
          a refund?

             Subpart 1824_Publication and Posting of Notices

1824.10  What is a publication?
1824.11  How does BLM choose a newspaper in which to publish a notice?
1824.12  How many times must BLM publish a notice?
1824.13  Who pays for publication?
1824.14  Does the claimant or applicant pay for an error by the printer 
          of the paper in which the notice appears?
1824.15  What does it mean to post a notice?
1824.16  Why must I post a notice?
1824.17  If I must post a notice on the land, what are the requirements?

                      Subpart 1825_Relinquishments

1825.10  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?
1825.11  When are relinquishments effective?
1825.12  When does relinquished land become available again for other 
          application or appropriation?

    Authority: 5 U.S.C. 552, 43 U.S.C. 2, 1201, 1733, and 1740.

    Source: 64 FR 53215, Oct. 1, 1999, unless otherwise noted.



                    Subpart 1821_General Information



Sec. 1821.10  Where are BLM offices located?

    (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:

                 State Offices and Areas of Jurisdiction

Alaska State Office, 222 West 7th Avenue, #13, Anchorage, Alaska 99513-
7599--Alaska.
Arizona State Office, One North Central Avenue, Phoenix, Arizona 85004-
2203--Arizona.
California State Office, 2800 Cottage Way, Room W-1834, Sacramento, 
California 95825-1886--California.
Colorado State Office, 2850 Youngfield Street, Lakewood, Colorado 80215-
7093-Colorado.
    Eastern States Office, 20 M Street SE., Suite 950, Washington, DC 
20003--Arkansas, Iowa, Louisiana, Minnesota, Missouri, and all States 
east of the Mississippi River.

[[Page 40]]

Idaho State Office, 1387 South Vinnell Way, Boise, Idaho 83709-1657--
Idaho.
Montana State Office, 5001 Southgate Drive, Billings, Montana 59101-
4669--Montana, North Dakota and South Dakota.
Nevada State Office, 1340 Financial Boulevard, Reno, Nevada 89502-7147, 
P.O. Box 12000, Reno, Nevada 89520-0006--Nevada.
New Mexico State Office, 310 Dinosaur Trail, Santa Fe, NM 87508, P.O. 
Box 27115, Santa Fe, New Mexico 87502-0115--Kansas, New Mexico, 
Oklahoma, and Texas.
Oregon/Washington State Office, 1220 SW. 3rd Avenue, Portland, Oregon 
97204, P.O. Box 2965, Portland, Oregon 97208--Oregon and Washington.
Utah State Office, 440 West 200 South, Suite 500, Salt Lake City, Utah 
84101-1345.
Wyoming State Office, 5353 Yellowstone Road, Cheyenne, Wyoming 82009, 
P.O. Box 1828, Cheyenne, Wyoming 82003--Wyoming and Nebraska.

    (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.

[64 FR 53215, Oct. 1, 1999, as amended at 66 FR 28672, May 24, 2001; 67 
FR 30329, May 6, 2002; 68 FR 18554, Apr. 16, 2003; 70 FR 45313, Aug. 5, 
2005; 70 FR 69688, Nov. 17, 2005; 71 FR 10846, Mar. 3, 2006; 72 FR 6480, 
Feb. 12, 2007; 78 FR 35571, June 13, 2013; 78 FR 46527, Aug. 1, 2013; 80 
FR 59635, Oct. 2, 2015]



Sec. 1821.11  During what hours may I file an application?

    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.



Sec. 1821.12  Are these the only regulations that will apply to my
application or other required document?

    No. These general regulations are supplemented by specific program 
regulations. You should consult the regulations applying to the specific 
program.



Sec. 1821.13  What if the specific program regulations conflict with 
these regulations?

    If there is a conflict, the specific program regulations will govern 
and the conflicting portion of these regulations will not apply.



                 Subpart 1822_Filing a Document with BLM



Sec. 1822.10  How should my name appear on applications and other
required documents that I submit to BLM?

    Your legal name and current address should appear on your 
application and other required documents.



Sec. 1822.11  What must I do to make an official filing with BLM?

    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 Sec. 1822.13, unless 
a more specific regulation or law specifies the mode of delivery. The 
date of mailing is not the date of filing.



Sec. 1822.12  Where do I file my application or other required documents?

    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.



Sec. 1822.13  May I file electronically?

    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

[[Page 41]]

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.



Sec. 1822.14  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?

    BLM considers the document timely filed if we receive it in the 
office on the next day it is officially open.



Sec. 1822.15  If I miss filing a required document or payment within
the specified period, can BLM consider it timely filed anyway?

    BLM may consider it timely filed if:
    (a) The law does not prohibit BLM from doing so;
    (b) No other BLM regulation prohibits doing so; and
    (c) No intervening third party interests or rights have been created 
or established during the intervening period.



Sec. 1822.16  Where do I file an application that involves lands under
the jurisdiction of more than one BLM State Office?

    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.



Sec. 1822.17  When are documents considered filed simultaneously?

    (a) BLM considers two or more documents simultaneously filed when:
    (1) They are received at the appropriate BLM office on the same day 
and time; or
    (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.
    (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.
    (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.



Sec. 1822.18  How does BLM decide in which order to accept documents
that are simultaneously filed?

    BLM makes this decision by a drawing open to the public.



                    Subpart 1823_Payments and Refunds



Sec. 1823.10  How may I make my payments to BLM?

    Unless specific regulations provide otherwise, you may pay by:
    (a) United States currency; or
    (b) Checks, money orders, or bank drafts made payable to the Bureau 
of Land Management; or
    (c) Visa or Master Card credit charge, except as specified by 
pertinent regulation(s).



Sec. 1823.11  What is the authority for BLM issuing a refund 
of a payment?

    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.



Sec. 1823.12  When and how may I obtain a refund?

    (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.
    (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.

[[Page 42]]



Sec. 1823.13  Is additional documentation needed when a third party
requests a refund?

    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.



             Subpart 1824_Publication and posting of notices



Sec. 1824.10  What is publication?

    Publication means publishing a notice announcing an event or a 
proposed action in the Federal Register, 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.



Sec. 1824.11  How does BLM choose a newspaper in which to publish
a notice?

    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.



Sec. 1824.12  How many times must BLM publish a notice?

    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.



Sec. 1824.13  Who pays for publication?

    The cost of publication is the responsibility of the claimant or 
applicant.



Sec. 1824.14  Does the claimant or applicant pay for an error by the
printer of the paper in which the notice appears?

    No. The claimant or applicant is not responsible for costs involved 
in correcting an error by the printer.



Sec. 1824.15  What does it mean to post a notice?

    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.



Sec. 1824.16  Why must I post a notice?

    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.



Sec. 1824.17  If I must post a notice on the land, what are the 
requirements?

    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.



                      Subpart 1825_Relinquishments



Sec. 1825.10  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?

    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.

[[Page 43]]



Sec. 1825.11  When are relinquishments effective?

    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.



Sec. 1825.12  When does relinquished land become available again 
for other application or appropriation?

    Relinquished land may not again become available until BLM notes the 
filed relinquishment of an interest on 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.



PART 1840_APPEALS PROCEDURES--Table of Contents



    Authority: R.S. 2478, as amended; 43 U.S.C. 1201.



Sec. 1840.1  Cross reference.

    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.

[36 FR 15119, Aug. 13, 1971]



PART 1850_HEARINGS PROCEDURES--Table of Contents





                Subpart 1850_Hearing Procedures; General

    Authority: R.S. 2478, as amended; 43 U.S.C. 1201.



Sec. 1850.1  Cross reference.

    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.

[36 FR 15119, Aug. 13, 1971]



PART 1860_CONVEYANCES, DISCLAIMERS AND CORRECTION DOCUMENTS
--Table of Contents



Subpart 1862 [Reserved]

                  Subpart 1863_Other Title Conveyances

Sec.
1863.5  Title transfer to the Government.
1863.5-1  Evidence of title.

         Subpart 1864_Recordable Disclaimers of Interest in Land

1864.0-1  Purpose.
1864.0-2  Objectives.
1864.0-3  Authority.
1864.0-5  Definitions.
1864.1  Application for issuance of a document of disclaimer.
1864.1-1  Filing of application.
1864.1-2  Form of application.
1864.1-3  Action on application.
1864.1-4  Consultation with other Federal agencies.
1864.2  Decision on application.
1864.3  Issuance of document of disclaimer.
1864.4  Appeals.

            Subpart 1865_Correction of Conveyancing Documents

1865.0-1  Purpose.
1865.0-2  Objective.
1865.0-3  Authority.
1865.0-5  Definitions.
1865.1  Application for correction of conveyancing documents.
1865.1-1  Filing of application.
1865.1-2  Form of application.
1865.1-3  Action on application.
1865.2  Issuance of corrected patent or document of conveyance.
1865.3  Issuance of patent or document of conveyance on motion of 
          authorized officer.
1865.4  Appeals.

[[Page 44]]

Subpart 1862 [Reserved]



                  Subpart 1863_Other Title Conveyances

    Authority: R.S. 2478; 43 U.S.C. 1201.



Sec. 1863.5  Title transfer to the Government.



Sec. 1863.5-1  Evidence of title.

    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 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.

[35 FR 9533, June 13, 1970]

    Cross Reference: For evidence of title in mining cases, see 
Sec. 3862.1-3 of this chapter.



         Subpart 1864_Recordable Disclaimers of Interest in Land

    Source: 49 FR 35297, Sept. 6, 1984, unless otherwise noted.

    Authority: 43 U.S.C. 1201, 1740, and 1745.



Sec. 1864.0-1  Purpose.

    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.



Sec. 1864.0-2  Objectives.

    (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:
    (1) A record interest of the United States in lands has terminated 
by operation of law or is otherwise invalid; or
    (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
    (3) Accreted, relicted, or avulsed lands are not lands of the United 
States.
    (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.
    (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).



Sec. 1864.0-3  Authority.

    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.



Sec. 1864.0-5  Definitions.

    As used in this subpart, the term:

[[Page 45]]

    (a) Authorized officer means any employee of the Bureau of Land 
Management who has been delegated the authority to perform the duties 
described in this subpart.
    (b) Accreted lands 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.
    (c) Avulsed lands 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 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.
    (d) Actual shoreline 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.
    (e) Lands 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.
    (f) Meander line 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.
    (g) Relicted lands have the meaning imparted that term by applicable 
law. In general, they are lands gradually uncovered when water recedes 
permanently.
    (h) State means ``the state and any of its creations including any 
governmental instrumentality within a state, including cities, counties, 
or other official local governmental entities.''

[49 FR 35299, Sept. 6, 1984, as amended at 68 FR 502, Jan. 6, 2003]



Sec. 1864.1  Application for issuance of a document of disclaimer.



Sec. 1864.1-1  Filing of application.

    (a) Any entity claiming title to lands 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 of the United States and that such lands are not subject 
to any valid claim of the United States.
    (b) Before you actually file an application you should meet with BLM 
to determine if the regulations in this subpart apply to you.
    (c) You must file your application for a disclaimer of interest with 
the proper BLM office as listed in Sec. 1821.10 of this title.

[68 FR 502, Jan. 6, 2003]



Sec. 1864.1-2  Form of application.

    (a) No specific form of application is required.
    (b) A nonrefundable fee of $100 shall accompany the application.
    (c) Each application shall include:
    (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;
    (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;
    (3) All documents which show to the satisfaction of the authorized 
officer the applicant's title to the lands;

[[Page 46]]

    (4) As complete a statement as possible concerning:
    (i) The nature and extent of the cloud on the title, and
    (ii) The reasons the applicant believes:
    (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
    (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
    (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;
    (5) Any available documents or title evidence, such as historical 
and current maps, photographs, and water movement data, that support the 
application;
    (6) The name, mailing address, and telephone number of any known 
adverse claimant or occupant of the lands included in the application;
    (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
    (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.



Sec. 1864.1-3  Action on application.

    (a) BLM will not approve an application, except for applications 
filed by a state, if more than 12 years have elapsed since the applicant 
knew, or should have known, of the claim of the United States.
    (b) BLM will not approve an application if:
    (1) The application pertains to a security interest or water rights; 
or
    (2) The application pertains to trust or restricted Indian lands.
    (c) BLM will, if the application meets the requirements for further 
processing, determine the amount of deposit we need to cover the 
administrative costs of processing the application and issuing a 
disclaimer.
    (d) The applicant must submit a deposit in the amount BLM 
determines.
    (e) If the application includes what may be omitted lands, BLM will 
process it in accordance with the applicable provisions of part 9180 of 
this title. If BLM determines the application involves omitted lands, 
BLM will notify the applicant in writing.

[68 FR 502, Jan. 6, 2003]



Sec. 1864.1-4  Consultation with other Federal agencies.

    BLM will not issue a recordable disclaimer of interest over the 
valid objection of another land managing agency having administrative 
jurisdiction over the affected lands. A valid objection must present a 
sustainable rationale that the objecting agency claims United States 
title to the lands for which a recordable disclaimer is sought.

[68 FR 503, Jan. 6, 2003]



Sec. 1864.2  Decision on application.

    (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

[[Page 47]]

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 Federal Register. 
Publication in the Federal Register 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.



Sec. 1864.3  Issuance of document of disclaimer.

    Upon receipt of the payment required by Secs. 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 Sec. 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.



Sec. 1864.4  Appeals.

    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.



            Subpart 1865_Correction of Conveyancing Documents

    Source: 49 FR 35299, Sept. 6, 1984, unless otherwise noted.



Sec. 1865.0-1  Purpose.

    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.



Sec. 1865.0-2  Objective.

    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.



Sec. 1865.0-3  Authority.

    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.



Sec. 1865.0-5  Definitions.

    As used in this subpart, the term:
    (a) Authorized officer means any employee of the Bureau of Land 
Management to whom has been delegated the authority to perform the 
duties described in this subpart.
    (b) Error 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.
    (c) Patents or other documents of conveyance 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

[[Page 48]]

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 et seq.), and approvals and tentative 
approvals issued under the Act of July 7, 1958, as amended (72 Stat. 
339).
    (d) Lands mean lands or interest in lands.



Sec. 1865.1  Application for correction of conveyancing documents.



Sec. 1865.1-1  Filing of application.

    (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.
    (b) An application shall be filed in writing with the proper Bureau 
of Land Management office as listed in Sec. 1821.2-1(d) of this title.



Sec. 1865.1-2  Form of application.

    (a) No specific form of application is required.
    (b) A non-refundable fee of $100 shall accompany the application.
    (c) Each application shall include:
    (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;
    (2) All documents which show the applicant's title to the lands 
included in the application;
    (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
    (4) As complete a statement as possible concerning:
    (i) The nature and extent of the error;
    (ii) The manner in which the error can be corrected or eliminated; 
and
    (iii) The form in which it is recommended the corrected patent or 
document of conveyance be issued.



Sec. 1865.1-3  Action on application.

    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.



Sec. 1865.2  Issuance of corrected patent or document of conveyance.

    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.



Sec. 1865.3  Issuance of patent or document of conveyance on motion
of authorized officer.

    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.



Sec. 1865.4  Appeals.

    An applicant or claimant adversely affected by a decision of the 
authorized officer made pursuant to the provisions

[[Page 49]]

of this subpart shall have a right of appeal pursuant to 43 CFR part 4.



PART 1870_ADJUDICATION PRINCIPLES AND PROCEDURES--Table of Contents



                         Subpart 1871_Principles

Sec.
1871.0-3  Authority.
1871.1  Equitable adjudication.
1871.1-1  Cases subject to equitable adjudication.

    Authority: R.S. 2450; 43 U.S.C. 1161.

    Source: 35 FR 9533, June 13, 1970, unless otherwise noted.



                         Subpart 1871_Principles



Sec. 1871.0-3  Authority.

    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:
    Sec. 1161. 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.
    Sec. 1162. 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.
    Sec. 1163. 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.



Sec. 1871.1  Equitable adjudication.



Sec. 1871.1-1  Cases subject to equitable adjudication.

    The cases subject to equitable adjudication by the Director, Bureau 
of Land Management, cover the following:
    (a) Substantial compliance: 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.



PART 1880_FINANCIAL ASSISTANCE, LOCAL GOVERNMENTS--Table of Contents



          Subpart 1882_Mineral Development Impact Relief Loans

Sec.
1882.0-1  Purpose.
1882.0-2  Objective.
1882.0-3  Authority.
1882.0-5  Definitions.
1882.1  Loan fund, general.
1882.2  Qualifications.
1882.3  Application procedures.
1882.4  Allocation of funds.
1882.5  Terms and conditions.
1882.5-1  Tenure of loan.
1882.5-2  Interest rate.
1882.5-3  Limitation on amount of loans.
1882.5-4  Loan repayment.
1882.5-5  Security for a loan.
1882.5-6  Use of loan.
1882.5-7  Nondiscrimination.
1882.5-8  Additional terms and conditions.
1882.6  Loan renegotiation.
1882.7  Inspection and audit.



          Subpart 1882_Mineral Development Impact Relief Loans

    Authority: Sec. 317(c), Federal Land Policy and Management Act of 
1976, as amended (43 U.S.C. 1740) (90 Stat. 2767).

    Source: 43 FR 57887, Dec. 11, 1978, unless otherwise noted.



Sec. 1882.0-1  Purpose.

    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

[[Page 50]]

and Management Act to make loans to qualified States and their political 
subdivisions.



Sec. 1882.0-2  Objective.

    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.



Sec. 1882.0-3  Authority.

    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 et seq.).



Sec. 1882.0-5  Definitions.

    As used in this subpart, the term:
    (a) Secretary means the Secretary of the Interior.
    (b) Director means the Director, Bureau of Land Management.
    (c) Act means the Act of February 25, 1920, as amended (30 U.S.C. 
181).



Sec. 1882.1  Loan fund, general.

    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.



Sec. 1882.2  Qualifications.

    (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.
    (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.



Sec. 1882.3  Application procedures.

    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:
    (a) The name of the State or political subdivision requesting the 
loan.
    (b) The amount of the loan requested.
    (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.
    (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.
    (e) An analysis and documentation of the additional expenses 
generated as a result of the leasing and development of Federal 
minerals.
    (f) Proposed uses of the funds derived from the loan.
    (g) Evidence that the loan and repayment provisions are authorized 
by State law.
    (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

[[Page 51]]

be granted unless such additional information is timely received by the 
Director.



Sec. 1882.4  Allocation of funds.

    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.



Sec. 1882.5  Terms and conditions.



Sec. 1882.5-1  Tenure of loan.

    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.



Sec. 1882.5-2  Interest rate.

    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.



Sec. 1882.5-3  Limitation on amount of loans.

    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.



Sec. 1882.5-4  Loan repayment.

    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.



Sec. 1882.5-5  Security for a loan.

    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.



Sec. 1882.5-6  Use of loan.

    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.



Sec. 1882.5-7  Nondiscrimination.

    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.



Sec. 1882.5-8  Additional terms and conditions.

    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.



Sec. 1882.6  Loan renegotiation.

    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.

[[Page 52]]



Sec. 1882.7  Inspection and audit.

    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.

[[Page 53]]



              SUBCHAPTER B_LAND RESOURCE MANAGEMENT (2000)





Group 2000_Land Resource Management; General--Table of Contents





PART 2090_SPECIAL LAWS AND RULES--Table of Contents



              Subpart 2091_Segregation and Opening of Lands

Sec.
2091.0-1  Purpose.
2091.0-3  Authority.
2091.0-5  Definitions.
2091.0-7  Principles.
2091.1  Action on applications and mining claims.
2091.2  Segregation and opening resulting from publication of a Notice 
          of Realty Action.
2091.2-1  Segregation.
2091.2-2  Opening.
2091.3  Segregation and opening resulting from a proposal or 
          application.
2091.3-1  Segregation.
2091.3-2  Opening.
2091.4  Segregation and opening resulting from the allowance of entries, 
          leases, grants or contracts.
2091.4-1  Segregation and opening: Desert-land entries and Indian 
          allotments.
2091.4-2  Segregation and opening: Airport leases and grants.
2091.4-3  Segregation and opening: Carey Act.
2091.5  Withdrawals.
2091.5-1  Segregation of lands resulting from withdrawal applications 
          filed on or after October 21, 1976.
2091.5-2  Segregation of lands resulting from withdrawal applications 
          filed prior to October 21, 1976.
2091.5-3  Segregative effect and opening: Emergency withdrawals.
2091.5-4  Segregative effect and opening: Water power withdrawals.
2091.5-5  Segregative effect and opening: Federal Power Act withdrawals.
2091.5-6  Congressional withdrawals and opening of lands.
2091.6  Opening of withdrawn lands: General.
2091.7  Segregation and opening of lands classified for a specific use.
2091.7-1  Segregative effect and opening: Classifications.
2091.7-2  Segregative effect and opening: Taylor Grazing Act.
2091.8  Status of gift lands.
2091.9  Segregation and opening resulting from laws specific to Alaska.
2091.9-1  Alaska Native selections.
2091.9-2  Selections by the State of Alaska.
2091.9-3  Lands in Alaska under grazing lease.

            Subpart 2094_Special Resource Values; Shore Space

2094.0-3  Authority.
2094.0-5  Definitions.
2094.1  Methods of measuring; restrictions.
2094.2  Waiver of 160-rod limitation.

    Authority: 43 U.S.C. 1740.



              Subpart 2091_Segregation and Opening of Lands

    Source: 52 FR 12175, Apr. 15, 1987, unless otherwise noted.



Sec. 2091.0-1  Purpose.

    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.



Sec. 2091.0-3  Authority.

    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 et seq.), section 4 
of the Act of August 18, 1894, as amended (43 U.S.C. 641 et seq.), 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 Note), section 24 of 
the Federal Power

[[Page 54]]

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 et seq.), the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3101 et seq.) and the Federal Land Policy 
and Management Act of 1976, as amended, (43 U.S.C. 1701 et seq.).

[52 FR 12175, Apr. 15, 1987, as amended at 58 FR 60917, Nov. 18, 1993]



Sec. 2091.0-5  Definitions.

    As used in this subpart, the term:
    (a) Authorized officer means any employee of the Bureau of Land 
Management who has been delegated the authority to perform the duties 
described in this subpart.
    (b) Segregation 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.
    (c) Land or public lands 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.
    (d) Mineral laws 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.
    (e) Public lands records 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.
    (f) Opening 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.
    (g) Opening order means an order issued by the Secretary or the 
authorized officer and published in the Federal Register 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.
    (h) Public land laws means that body of laws dealing with the 
administration, use and disposition of the public lands, but does not 
include the mineral laws.
    (i) Revocation means the cancellation of a Public Land Order, but 
does not restore public lands to operation of the public land laws.
    (j) Secretary 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 Secretary.



Sec. 2091.07  Principles.

    (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

[[Page 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.
    (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.



Sec. 2091.1  Action on applications and mining claims.

    (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:
    (1) A withdrawal, reservation, classification, or management 
decision applicable to the lands;
    (2) An allowed entry or selection of lands;
    (3) A lease which grants the lessee exclusive use of the lands;
    (4) Classifications existing under appropriate law:
    (5) Segregation due to an application previously filed under 
appropriate law and regulations;
    (6) Segregation resulting from a notice of realty action previously 
published in the Federal Register under appropriate regulations; and
    (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.
    (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.



Sec. 2091.2  Segregation and opening resulting from publication
of a Notice of Realty Action.



Sec. 2091.2-1  Segregation.

    The publication of a Notice of Realty Action in the Federal Register 
segregates lands that are available for disposal under:
    (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);
    (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). The sales provisions of section 43 CFR 2711.1-2(d) 
provide for a segregation period, not to exceed two years unless, on a 
case-by-case basis, the BLM State Director determines that the extension 
is necessary and documents, in writing, why the extension is needed. 
Such an extension will not be renewable and cannot be extended beyond 
the additional two years.

[52 FR 12175, Apr. 15, 1987, as amended at 58 FR 60917, Nov. 18, 1993; 
71 FR 67068, Nov. 20, 2006]



Sec. 2091.2-2  Opening.

    (a) The segregative effect of a Notice of Realty Action 
automatically terminates either:
    (1) At the end of the periods set out in Sec. 2091.2-1 of this title 
(See part 2740); or
    (2) As of the date specified in an opening order published in the 
Federal Register; or

[[Page 56]]

    (3) Upon issuance of a patent or other document of conveyance; 
whichever occurs first.
    (b) [Reserved]

[52 FR 12175, Apr. 15, 1987, as amended at 58 FR 60917, Nov. 18, 1993; 
65 FR 70112, Nov. 21, 2000]



Sec. 2091.3  Segregation and opening resulting from a proposal
or application.



Sec. 2091.3-1  Segregation.

    (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).
    (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)
    (c) The filing of an application and publication of the notice of 
the filing of an application in the Federal Register 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)
    (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)
    (e)(1) The Bureau of Land Management may segregate, if it finds it 
necessary for the orderly administration of the public lands, lands 
included in a right-of-way application under 43 CFR subpart 2804 for the 
generation of electrical energy from wind or solar sources. In addition, 
the Bureau of Land Management may also segregate lands that it 
identifies for potential rights-of-way for electricity generation from 
wind or solar sources when initiating a competitive process for solar or 
wind development on particular lands. Upon segregation, such lands will 
not be subject to appropriation under the public land laws, including 
location under the Mining Law of 1872, (30 U.S.C. 22 et seq.), but would 
remain open under the Mineral Leasing Act of 1920 (30 U.S.C. 181 et 
seq.) or the Materials Act of 1947 (30 U.S.C. 601 et seq.). The BLM will 
effect a segregation by publishing a Federal Register notice that 
includes a description of the lands being segregated. The BLM may effect 
segregation in this way for both pending and new right-of-way 
applications.
    (2) The effective date of segregation is the date of publication of 
the notice in the Federal Register. The segregation terminates 
consistent with subpart 2091.3-2 and the lands automatically open on the 
date that is the earliest of the following:
    (i) When the BLM issues a decision granting, granting with 
modifications, or denying the application for a right-of-way;
    (ii) Automatically at the end of the segregation period stated in 
the Federal Register notice initiating the segregation, or
    (iii) Upon publication of a Federal Register notice terminating the 
segregation and opening the lands in question.
    (3) The segregation period may not exceed 2 years from the date of 
publication in the Federal Register of the notice initiating the 
segregation, unless the State Director determines and documents in 
writing, prior to the expiration of the segregation period, that an 
extension is necessary for the orderly administration of the public 
lands. If the State Director determines an extension is necessary, the 
Bureau of Land Management will extend the segregation for up to 2 years 
by publishing a notice in the Federal Register, prior to the expiration 
of the

[[Page 57]]

initial segregation period. Segregations under this part may only be 
extended once and the total segregation period may not exceed 4 years.

[52 FR 12175, Apr. 15, 1987; 52 FR 13563, Apr. 23, 1987, as amended at 
58 FR 60917, Nov. 18, 1993; 76 FR 23204, Apr. 26, 2011; 78 FR 25212, 
Apr. 30, 2013]



Sec. 2091.3-2  Opening.

    (a) If a proposal or an application described in Sec. 2091.3-1 of 
this part is not denied, modified, or otherwise terminated prior to the 
end of the segregative periods set out in Sec. 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:
    (1) Issuance of a patent or other document of conveyance to the 
affected lands; or
    (2) The expiration of the applicable segregation period set out in 
Sec. 2091.3-1 of this part.
    (b) If the proposal or application described in Sec. 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 Federal Register of an opening order specifying the 
date and time of opening.
    (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))

[58 FR 60917, Nov. 18, 1993, as amended at 65 FR 70112, Nov. 21, 2000]



Sec. 2091.4  Segregation and opening resulting from the allowance 
of entries, leases, grants or contracts.



Sec. 2091.4-1  Segregation and opening: Desert-land entries
and Indian allotments.

    (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).
    (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 Federal Register of an opening order which specifies the date and 
time of opening. (See parts 2520 and 2530).



Sec. 2091.4-2  Segregation and opening: Airport leases and grants.

    (a) The issuance of a lease for airport purposes under the authority 
of the 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)
    (b) If an airport lease is terminated, the lands are opened by 
publication in the Federal Register of an opening order which specifies 
the date and time of opening.
    (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).



Sec. 2091.4-3  Segregation and opening: Carey Act.

    (a) For lands covered by a Carey Act grant, publication of a notice 
in the Federal Register 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).

[[Page 58]]

    (b) If the contract under the Carey Act is terminated, the lands are 
opened by publication in the Federal Register 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.



Sec. 2091.5  Withdrawals.



Sec. 2091.5-1  Segregation of lands resulting from withdrawal applications filed on or after October 21, 1976.

    (a) Publication in the Federal Register 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.
    (b) Segregations resulting from applications and proposals filed on 
or after October 21, 1976, terminate:
    (1) Automatically upon the expiration of a 2 year period from the 
date of publication in the Federal Register of the notice of the filing 
of an application or proposal for withdrawal;
    (2) Upon the publication in the Federal Register of a Public Land 
Order effecting the withdrawal in whole or in part;
    (3) Upon the publication in the Federal Register 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
    (4) Publication in the Federal Register 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.



Sec. 2091.5-2  Segregation of lands resulting from withdrawal 
applications filed prior to October 21, 1976.

    (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 Federal 
Register, unless the segregative effect is terminated prior to that date 
in accordance with procedures in Sec. 2091.5-1 of this title.
    (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 Sec. 2091.5-1 of this title.
    (b) Segregations resulting from applications filed under this 
section terminate in accordance with procedures in Sec. 2091.5-1 of this 
title.



Sec. 2091.5-3  Segregative effect and opening: Emergency withdrawals.

    (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 
Sec. 2310.5 of this title. Emergency withdrawals are effective on the 
date the Public Land Order making the withdrawal is signed, and cannot 
exceed 3 years in duration and may not be extended.
    (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 Federal Register of a 
notice of a withdrawal application or proposal.



Sec. 2091.5-4  Segregative effect and opening: Water power 
withdrawals.

    (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.
    (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 Federal

[[Page 59]]

Register of an opening order specifying the extent, date and time of 
opening.



Sec. 2091.5-5  Segregative effect and opening: Federal Power Act
withdrawals.

    (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.
    (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).
    (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.
    (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.



Sec. 2091.5-6  Congressional withdrawals and opening of lands.

    (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 Federal Register a Public Land Order so specifying.
    (b) If the statute does not specify when and to what extent the 
lands are to be opened, the Secretary publishes in the Federal Register 
an opening order so specifying.



Sec. 2091.6  Opening of withdrawn lands: General.

    The term of a withdrawal ends upon expiration under its own terms, 
or upon revocation or termination by the Secretary by publication in the 
Federal Register 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 Federal Register 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 Federal 
Register 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.)



Sec. 2091.7  Segregation and opening of lands classified for
a specific use.



Sec. 2091.7-1  Segregative effect and opening: Classifications.

    (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.
    (2) Lands classified under the authority of the Classification and 
Multiple Use Act (43 U.S.C. 1411-18) are segregated to the extent 
described in the notice of classification.
    (b) The segregative effect of the classification described in 
Sec. 2091.7-1 of this title terminates and the lands are opened under 
the following procedures:
    (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 Federal Register of an 
opening order specifying the date and time of opening.
    (2) Small Tract Act classifications terminate by publication in the 
Federal Register of an opening order

[[Page 60]]

specifying the date and time of opening.
    (3) Classification and Multiple Use Act classification shall be 
terminated by publication in the Federal Register of an opening order 
specifying the date and time of opening.

[52 FR 12175, Apr. 15, 1987; 52 FR 36575, Sept. 30, 1987]



Sec. 2091.7-2  Segregative effect and opening: Taylor Grazing Act.

    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 Federal Register of an 
opening order specifying the date and time of opening or upon issuance 
of a patent or other document of conveyance,



Sec. 2091.8  Status of gift lands.

    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.

[62 FR 52036, Oct. 6, 1997]



Sec. 2091.9  Segregation and opening resulting from laws specific 
to Alaska.



Sec. 2091.9-1  Alaska Native selections.

    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 et seq.), are covered by part 2650 of 
this title.



Sec. 2091.9-2  Selections by the State of Alaska.

    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.



Sec. 2091.9-3  Lands in Alaska under grazing lease.

    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.



            Subpart 2094_Special Resource Values; Shore Space

    Authority: R.S. 2478, secs. 4, 5, 69 Stat. 444; 43 U.S.C. 1201, 48 
U.S.C. 462 note.

    Source: 35 FR 9540, June 13, 1970, unless otherwise noted.



Sec. 2094.0-3  Authority.

    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 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.



Sec. 2094.0-5  Definitions.

    The term navigable waters 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.



Sec. 2094.1  Methods of measuring; restrictions.

    (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

[[Page 61]]

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.
    (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.
    (c) The following sketch shows the method of measuring the length of 
shore space, the length of line A or line B, whichever is the longer, 
representing the length of shore space which is chargeable to the tract:
[GRAPHIC] [TIFF OMITTED] TC01FE91.076



Sec. 2094.2  Waiver of 160-rod limitation.

    (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 
Sec. 2094.0-3.
    (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.



Group 2100_Acquisitions--Table of Contents





Group 2200_Exchanges--Table of Contents





PART 2200_EXCHANGES: GENERAL PROCEDURES--Table of Contents



                     Subpart 2200_Exchanges_General

Sec.
2200.0-2  Objective.
2200.0-4  Responsibilities.
2200.0-5  Definitions.
2200.0-6  Policy.
2200.0-7  Scope.
2200.0-9  Information collection.

              Subpart 2201_Exchanges_Specific Requirements

2201.1  Agreement to initiate an exchange.
2201.1-1  Assembled land exchanges.
2201.1-2  Segregative effect.
2201.1-3  Assumption of costs.
2201.2  Notice of exchange proposal.
2201.3  Appraisals.
2201.3-1  Appraiser qualifications.
2201.3-2  Market value.
2201.3-3  Appraisal report standards.
2201.3-4  Appraisal review.
2201.4  Bargaining; arbitration.
2201.5  Exchanges at approximately equal value.
2201.6  Value equalization; cash equalization waiver.
2201.7  Approval of exchanges.
2201.7-1  Notice of decision.
2201.7-2  Exchange agreement.
2201.8  Title standards.
2201.9  Case closing.

       Subpart 2203_Exchanges Involving Fee Federal Coal Deposits

2203.0-6  Policy.
2203.0-9  Cross references.
2203.1  Opportunity for public comment and public meeting on exchange 
          proposal.
2203.2  Submission of information concerning proposed exchange.
2203.3  Public meeting.
2203.4  Consultation with the Attorney General.
2203.5  Action on advice of the Attorney General.

    Authority: 43 U.S.C. 1716, 1740.

    Source: 46 FR 1638, Jan. 6, 1981, unless otherwise noted.

[[Page 62]]



                     Subpart 2200_Exchanges_General

    Source: 58 FR 60918, Nov. 18, 1993, unless otherwise noted.



Sec. 2200.0-2  Objective.

    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.



Sec. 2200.0-4  Responsibilities.

    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.



Sec. 2200.0-5  Definitions.

    As used in this part:
    (a) Adjustment to relative values 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.
    (b) Agreement to initiate 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.
    (c) Appraisal or Appraisal report 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.
    (d) Approximately equal value 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.
    (e) Arbitration 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.
    (f) Assembled land exchange 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.
    (g) Authorized officer 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.
    (h) Bargaining 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.
    (i) Federal lands means any lands or interests in lands, such as 
mineral or timber interests, that are owned by the 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.
    (j) Hazardous substances means those substances designated under 
Environmental Protection Agency regulations at 40 CFR part 302.
    (k) Highest and best use 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.
    (l) Lands means any land and/or interests in land.
    (m) Ledger account 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.
    (n) Market value 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

[[Page 63]]

knowledgeably, and the price is not affected by undue influence.
    (o) Mineral laws 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) Outstanding interests means rights or interests in property held 
by an entity other than a party to an exchange.
    (q) Party means the United States or any person, State or local 
government who enters into an agreement to initiate an exchange.
    (r) Person 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.
    (s) Public land laws 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.
    (t) Reserved interest means an interest in real property retained by 
a party from a conveyance of the title to that property.
    (u) Resource values 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.
    (v) Secretary 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.
    (w) Segregation 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.
    (x) Statement of value means a written report prepared by a 
qualified appraiser that states the appraiser's conclusion(s) of value.



Sec. 2200.0-6  Policy.

    (a) Discretionary nature of exchanges. 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.
    (b) Determination of public interest. 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 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:
    (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
    (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.

[[Page 64]]

Such finding and the supporting rationale shall be made part of the 
administrative record.
    (c) Equal value exchanges. Except as provided in Sec. 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 Sec. 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.
    (d) Same-State exchanges. 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.
    (e) O and C land exchanges. 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.
    (f) Congressional designations. 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.
    (g) Land and resource management planning. 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.
    (h) Environmental analysis. After an agreement to initiate an 
exchange is 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 Sec. 2201.2 of this part.
    (i) Reservations or restrictions in the public interest. 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.
    (j) Hazardous substances--(1) Federal lands. 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

[[Page 65]]

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.
    (2) Non-Federal lands. 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 Sec. 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 Sec. 2201.7-2 of this part.
    (k) Legal description of properties. 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.
    (l) Unsurveyed school sections. 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.
    (m) Coordination with State and local governments. 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 
within which the Federal lands are located.
    (n) Fee coal exchanges. 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.



Sec. 2200.0-7  Scope.

    (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.
    (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 et seq., 
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

[[Page 66]]

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.
    (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.
    (d) Pending exchanges initiated prior to December 17, 1993 shall 
proceed in accordance with this rule unless:
    (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
    (2) A binding agreement to exchange was in effect prior to December 
17, 1993; and
    (3) To proceed as provided in paragraphs (d) (1) or (2) of this 
section would not be inconsistent with applicable law.
    (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.

[46 FR 1638, Jan. 6, 1981, as amended at 63 FR 52617, Oct. 1, 1998]



Sec. 2200.0-9  Information collection.

    (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 et seq. 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.
    (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.



              Subpart 2201_Exchanges_Specific Requirements



Sec. 2201.1  Agreement to initiate an exchange.

    (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.
    (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.
    (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:
    (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;
    (2) A description of the lands or interest in lands being considered 
for exchange;
    (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

[[Page 67]]

or a corporation or other legal entity subject to the laws of the United 
States or a State thereof;
    (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;
    (5) A time schedule for completing the proposed exchange;
    (6) An assignment of responsibility for performance of required 
functions and for costs associated with processing the exchange;
    (7) A statement specifying whether compensation for costs assumed 
will be allowed pursuant to the provisions of Sec. 2201.1-3 of this 
part;
    (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 Sec. 2201.7-2 of this part;
    (9) A grant of permission by each party to conduct a physical 
examination of the lands offered by the other party;
    (10) The terms of any assembled land exchange arrangement, pursuant 
to Sec. 2201.1-1 of this part;
    (11) A statement as to any arrangements for relocation of any 
tenants occupying non-Federal land, pursuant to Sec. 2201.8 (c)(1)(iv) 
of this part;
    (12) A notice to an owner-occupant of the voluntary basis for the 
acquisition of the non-Federal lands, pursuant to Sec. 2201.8 (c)(1)(iv) 
of this part; and
    (13) A statement as to the manner in which documents of conveyance 
will be exchanged, should the exchange proposal be successfully 
completed.
    (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.
    (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.
    (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.
    (g) The withdrawal from, and termination of, an exchange proposal, 
or an agreement to initiate an exchange, by the authorized officer at 
any time prior to the notice of decision, pursuant to Sec. 2201.7-1 of 
this part, is not protestable or appealable under 43 CFR part 4.



Sec. 2201.1-1  Assembled land exchanges.

    (a) Whenever the authorized officer determines it to be practicable, 
an assembled land exchange arrangement may be used to facilitate 
exchanges and reduce costs.
    (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.
    (c) An assembled land exchange arrangement shall be documented in 
the agreement to initiate an exchange, pursuant to Sec. 2201.1 of this 
part.
    (d) Values of the Federal and non-Federal lands involved in an 
assembled exchange arrangement shall be estimated pursuant to 
Sec. 2201.3 of this part.
    (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:
    (1) Assure that the value difference between the Federal and non-
Federal lands does not exceed 25 percent of the

[[Page 68]]

total value of the Federal lands conveyed in the assembled land exchange 
up to and including the current transaction;
    (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 Sec. 2201.6 of this part; and
    (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.
    (4) Assembled land exchanges are subject to the value equalization 
and cash equalization waiver provisions of Sec. 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.
    (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 Sec. 2201.6 of this 
part.



Sec. 2201.1-2  Segregative effect.

    (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.
    (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.
    (c) The segregative effect shall terminate upon the occurrence of 
any of the following events, whichever occurs first:
    (1) Automatically, upon issuance of a patent or other document of 
conveyance to the affected lands;
    (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 Federal Register, if a decision is 
made not to proceed with the exchange or upon removal of any lands from 
an exchange proposal; or
    (3) Automatically, at the end of the segregation period not to 
exceed 5 years from the date of notation of the public land records.
    (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 
et seq., except that if 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.

[46 FR 1638, Jan. 6, 1981, as amended at 63 FR 23681, Apr. 30, 1998; 65 
FR 70112, Nov. 21, 2000]



Sec. 2201.1-3  Assumption of costs.

    (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:
    (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
    (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,

[[Page 69]]

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.
    (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:
    (1) The amount of the cost assumed or compensation is reasonable and 
accurately reflects the value of the goods and services received;
    (2) The proposed exchange is a high priority of the agency;
    (3) The land exchange must be expedited to protect important Federal 
resource values, such as congressionally designated areas or endangered 
species habitat;
    (4) Cash equalization funds are available for compensating the non-
Federal party; and
    (5) There are no other practicable means available to the authorized 
officer of meeting Federal exchange processing costs, responsibilities, 
or requirements.
    (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 Sec. 2201.6 of this part.



Sec. 2201.2  Notice of exchange proposal.

    (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:
    (1) The identity of the parties involved in the proposed exchange;
    (2) A description of the Federal and non-Federal lands being 
considered for exchange;
    (3) A statement as to the effect of segregation from appropriation 
under the public land laws and mineral laws, if applicable;
    (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 other claims 
relating to the lands being considered for exchange; and
    (5) The deadline by which comments must be received, and the name, 
title, and address of the official to whom comments must be sent.
    (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.
    (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.



Sec. 2201.3  Appraisals.

    The Federal and non-Federal parties to an exchange shall comply with 
the appraisal standards set forth in Secs. 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.

[[Page 70]]



Sec. 2201.3-1  Appraiser qualifications.

    (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.
    (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.



Sec. 2201.3-2  Market value.

    (a) In estimating market value, the appraiser shall:
    (1) Determine the highest and best use of the property to be 
appraised;
    (2) Estimate the value of the lands and interests as if in private 
ownership and available for sale in the open market;
    (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;
    (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
    (5) Estimate separately, if stipulated in the agreement to initiate 
in accordance with Sec. 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 Sec. 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.
    (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:
    (1) The various interests contribute their full value (pro rata) to 
the value of the whole; and
    (2) The valuation is compatible with the highest and best use of the 
property.
    (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.



Sec. 2201.3-3  Appraisal report standards.

    Appraisals prepared for exchange purposes shall contain, at a 
minimum, the following information:
    (a) A summary of facts and conclusions;
    (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;
    (c) An explanation of the extent of the appraiser's research and 
actions taken to collect and confirm information relied upon in 
estimating value;
    (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;
    (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;
    (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;
    (g) A description of comparable sales, including a description of 
all relevant physical, legal, and economic factors

[[Page 71]]

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;
    (h) An estimate of market value;
    (i) The effective date of valuation, date of appraisal, signature, 
and certification of the appraiser;
    (j) A certification by the appraiser signing the report to the 
following:
    (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;
    (2) The appraiser personally examined the subject property and all 
comparable sale properties relied upon in the report;
    (3) The appraiser has no present or prospective interest in the 
appraised property; and
    (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
    (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.



Sec. 2201.3-4  Appraisal review.

    (a) Appraisal reports shall be reviewed by a qualified review 
appraiser meeting the qualifications set forth in Sec. 2201.3-1 of this 
part. Statements of value prepared by agency appraisers are not subject 
to this review.
    (b) The review appraiser shall determine whether the appraisal 
report:
    (1) Is complete, logical, consistent, and supported by a market 
analysis;
    (2) Complies with the standards prescribed in Sec. 2201.3-3 of this 
part; and
    (3) Reasonably estimates the probable market value of the lands 
appraised.
    (c) The review appraiser shall prepare a written review report, 
containing at a minimum:
    (1) A description of the review process used;
    (2) An explanation of the adequacy, relevance, and reasonableness of 
the data and methods used by the appraiser to estimate value;
    (3) The reviewing appraiser's statement of conclusions regarding the 
appraiser's estimate of market value; and
    (4) A certification by the review appraiser to the following:
    (i) The review appraiser has no present or prospective interest in 
the property that is the subject of the review report; and
    (ii) The review appraiser has not, and will not, receive 
compensation that was contingent on the approval of the appraisal 
report.



Sec. 2201.4  Bargaining; arbitration.

    (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:
    (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:
    (i) Submission of the disputed appraisal(s) to another qualified 
appraiser for review;
    (ii) Request for additional appraisals;
    (iii) Involvement of an impartial third party to facilitate 
resolution of the value disputes; or
    (iv) Use of some other acceptable and commonly recognized practice 
for resolving value disputes.


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

[[Page 72]]

reconciled or compromised appraisal information to arrive at an 
agreement based on market value.
    (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.
    (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.
    (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.
    (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.



Sec. 2201.5  Exchanges at approximately equal value.

    (a) The authorized officer may exchange lands that are of 
approximately equal value when it is determined that:
    (1) The exchange is in the public interest and the consummation of 
the proposed exchange will be expedited;
    (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;
    (3) The Federal and non-Federal lands are substantially similar in 
location, acreage, use, and physical attributes; and
    (4) There are no significant elements of value requiring complex 
analysis.
    (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.



Sec. 2201.6  Value equalization; cash equalization waiver.

    (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:
    (1) To modify the exchange proposal by adding or excluding lands; 
and/or
    (2) To use cash equalization after making all reasonable efforts to 
equalize values by adding or excluding lands.
    (b) The combined amount of any cash equalization payment and/or the 
amount of adjustments agreed to as compensation for costs under 
Sec. 2201.1-3 of this part may not exceed 25 percent of the value of the 
Federal lands to be conveyed.
    (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.
    (d) A cash equalization payment may be waived only after the 
authorized officer determines in writing how the

[[Page 73]]

waiver will expedite the exchange and why the public interest will be 
better served by the waiver.



Sec. 2201.7  Approval of exchanges.



Sec. 2201.7-1  Notice of decision.

    (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.
    (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 Federal Register at the discretion of the authorized 
officer. At a minimum, the notice shall include:
    (i) The date of decision;
    (ii) A concise description of the decision;
    (iii) The name and title of the deciding official;
    (iv) Directions for obtaining a copy of the decision; and
    (v) The date of the beginning of the protest period.
    (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 Sec. 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.
    (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.
    (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.



Sec. 2201.7-2  Exchange agreement.

    (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 Sec. 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:
    (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;
    (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;
    (3) A description of the goods and services and their corresponding 
costs for which the noncomplying party is liable in the event of failure 
to perform or to comply with the terms of the exchange agreement; and
    (4) The agreed upon values of the involved lands.
    (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:
    (1) Acceptable title can be conveyed;
    (2) No substantial loss or damage occurs to either property from any 
cause;
    (3) No undisclosed hazardous substances are found on the involved 
Federal or non-Federal lands prior to conveyance;
    (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 Sec. 2201.7-1 is upheld; and
    (5) The agreement is not terminated by mutual consent or upon such 
terms as may be provided in the agreement.
    (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

[[Page 74]]

legal obligation or right enforceable against or enjoyed by any party.



Sec. 2201.8  Title standards.

    (a) Title evidence. (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.
    (2) The United States is not required to furnish title evidence for 
the Federal lands being exchanged.
    (b) Conveyance documents. (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.
    (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 Sec. 2200.0-6(j)(1) of this title.
    (c) Title encumbrances--(1) Non-Federal lands. (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.
    (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.
    (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.
    (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 that the non-Federal lands are 
being acquired by the United States on a voluntary basis.
    (2) Federal lands. 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.

[[Page 75]]



Sec. 2201.9  Case closing.

    (a) Title transfers. Unless otherwise agreed, and notwithstanding 
the decision in United States v. Schurz, 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:
    (1) The determination by the authorized officer that the United 
States will receive possession, acceptable to it, of such lands; and
    (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.
    (b) Automatic segregation of lands. 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.
    (c) Notice to State and local governments. 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 Sec. 2200.0-6(m) of this 
part.



       Subpart 2203_Exchanges Involving Fee Federal Coal Deposits

    Source: 51 FR 12612, Apr. 14, 1986, unless otherwise noted.



Sec. 2203.0-6  Policy.

    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.



Sec. 2203.0-9  Cross references.

    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.



Sec. 2203.1  Opportunity for public comment and public meeting on 
exchange proposal.

    Upon acceptance of a proposal for a fee exchange of Federal coal 
deposits, the authorized officer shall publish and distribute a notice 
of exchange proposal as set forth in Sec. 2201.2 of this title.

[51 FR 12612, Apr. 14, 1986, as amended at 58 FR 60926, Nov. 18, 1993]



Sec. 2203.2  Submission of information concerning proposed exchange.

    (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

[[Page 76]]

the antitrust consequences of the proposed exchange.
    (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.
    (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.
    (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.

[51 FR 12612, Apr. 14, 1986, as amended 58 FR 60926, Nov. 18, 1993]



Sec. 2203.3  Public meeting.

    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 Federal Register 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 Sec. 2201.7-1 of this title. The public meeting shall:
    (a) Follow procedures established by the authorized officer, which 
shall be announced prior to the meeting; and
    (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.

[51 FR 12612, Apr. 14, 1986, as amended at 58 FR 60926, Nov. 18, 1993]



Sec. 2203.4  Consultation with the Attorney General.

    (a) The authorized officer shall, at the conclusion of the comment 
period and public meeting provided for in Sec. 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.
    (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.
    (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.
    (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 without the advice of the Attorney 
General.



Sec. 2203.5  Action on advice of the Attorney General.

    (a) The authorized officer shall make any advice received from the 
Attorney General a part of the public record on the proposed exchange.
    (b) Except as provided in Sec. 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.

[[Page 77]]



Group 2300_Withdrawals--Table of Contents





PART 2300_LAND WITHDRAWALS--Table of Contents



                    Subpart 2300_Withdrawals, General

Sec.
2300.0-1  Purpose.
2300.0-3  Authority.
2300.0-5  Definitions.

              Subpart 2310_Withdrawals, General: Procedure

2310.1  Procedures: General.
2310.1-1  Preapplication consultation.
2310.1-2  Submission of applications.
2310.1-3  Submission of withdrawal petitions.
2310.1-4  Cancellation of withdrawal applications or withdrawal 
          proposals and denial of applications.
2310.2  Segregative effect of withdrawal applications or withdrawal 
          proposals.
2310.2-1  Termination of segregative effect of withdrawal applications 
          or withdrawal proposals.
2310.3  Action on withdrawal applications and withdrawal proposals, 
          except for emergency withdrawals.
2310.3-1  Publication and public meeting requirements.
2310.3-2  Development and processing of the case file for submission to 
          the Secretary.
2310.3-3  Action by the Secretary: Public land orders and notices of 
          denial.
2310.3-4  Duration of withdrawals.
2310.3-5  Compensation for improvements.
2310.3-6  Transfer of jurisdiction.
2310.4  Review and extensions of withdrawals.
2310.5  Special action on emergency withdrawals.

      Subpart 2320_Federal Energy Regulatory Commission Withdrawals

2320.0-3  Authority.
2320.1  Lands considered withdrawn or classified for power purposes.
2320.2  General determinations under the Federal Power Act.
2320.3  Applications for restoration.

    Authority: 43 U.S.C. 1201; 43 U.S.C. 1740; E.O. 10355 (17 FR 4831, 
4833).

    Source: 46 FR 5796, Jan. 19, 1981, unless otherwise noted.



                    Subpart 2300_Withdrawals, General



Sec. 2300.0-1  Purpose.

    (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.
    (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.
    (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.



Sec. 2300.0-3  Authority.

    (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, 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:
    (i) Make, modify or revoke any withdrawal created by an Act of 
Congress;
    (ii) Make a withdrawal which can be made only by an Act of Congress;
    (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;
    (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

[[Page 78]]

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)).
    (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.
    (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.
    (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.
    (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 Federal 
Register 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.
    (b) The following references do not afford either withdrawal 
application processing or withdrawal authority but are provided as 
background information.
    (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.
    (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.
    (3) Section 202 of the Federal Land Policy and Management Act of 
1976 (43 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 principal or major uses, 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 public lands, 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.
    (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

[[Page 79]]

the Interior may permit Federal departments and agencies to use, occupy 
and develop public lands only 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)).
    (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.



Sec. 2300.0-5  Definitions.

    As used in this part, the term:
    (a) Secretary 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 Secretary.
    (b) Authorized officer 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 authorized officer.
    (c) Act means the Federal Land Policy and Management Act of 1976, as 
amended (43 U.S.C. 1701 et seq.), unless otherwise specified.
    (d) Lands 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.
    (e) Cultural resources 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.
    (f) Archeological areas/resources 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.
    (g) Resource use means a land use having as its primary objective 
the preservation, conservation, enhancement or development of:
    (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
    (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.
    (h) Withdrawal 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 activities under 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 property 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.
    (i) Department means a unit of the Executive branch of the Federal 
Government which is headed by a member of the President's Cabinet.
    (j) Agency means a unit of the Executive branch of the Federal 
Government which is not within a Department.
    (k) Office means an office or bureau of the Department of the 
Interior.
    (l) Applicant means any Federal department, agency or office.
    (m) Segregation means the removal for a limited period, subject to 
valid existing rights, of a specified area of the public lands from the 
operation of

[[Page 80]]

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.
    (n) Legal description 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.
    (o) Modify or modification 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) Withdrawal petition means a request, originated within the 
Department of the Interior and submitted to the Secretary, to file an 
application for withdrawal.
    (q) Withdrawal proposal means a withdrawal petition approved by the 
Secretary.



              Subpart 2310_Withdrawals, General: Procedure



Sec. 2310.1  Procedures: General.

    (a) The basic steps leading up to the making, modification or 
extension of a withdrawal, except emergency withdrawals, are:
    (1) Preapplication consultation;
    (2) Obtaining Secretarial approval of a withdrawal petition in 
appropriate cases;
    (3) Submission for filing of an application for a requested 
withdrawal action;
    (4) Publication in the Federal Register of a notice stating that a 
withdrawal proposal has been made or that an application has been 
submitted for filing.
    (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.
    (6) Preparation of the case file to be considered by the Secretary, 
including the authorized officer's findings and recommendations;
    (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;
    (8) Transmittal of the case file to the Secretary.
    (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.



Sec. 2310.1-1  Preapplication consultation.

    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 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.



Sec. 2310.1-2  Submission of applications.

    (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

[[Page 81]]

Sec. 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.
    (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 Sec. 2310.3-1(a) of this title, referencing both the application and 
the withdrawal proposal, shall be published.
    (c) No specific form is required, but, except as otherwise provided 
in Sec. 2310.3-6(b) of this title, the application shall contain at 
least the following information:
    (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.
    (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.
    (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.
    (4) The type of withdrawal action that is being requested (See 
Sec. 2300.0-5(h) of this title) and whether the application pertains to 
the making, extension or modification of a withdrawal.
    (5) A description of the lands involved in the application, which 
shall consist of the following:
    (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;
    (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;
    (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.
    (6) If the application is for a withdrawal that would overlap, or 
that would add lands to one or more existing withdrawals, the 
application shall also contain:
    (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;
    (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
    (iii) The total acreage, Federal or otherwise, that would be added 
to the existing withdrawal, if the new application is allowed.
    (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

[[Page 82]]

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.
    (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 
Sec. 2310.2 of this subpart.
    (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 Sec. 2310.2 of this subpart.
    (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.
    (11) The duration of the withdrawal, with a statement in 
justification thereof (see Sec. 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.
    (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.
    (13) A statement as to whether water will or will not be needed to 
fulfill the purpose of the requested withdrawal action.
    (14) The place where records relating to the application can be 
examined by interested persons.
    (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.



Sec. 2310.1-3  Submission of withdrawal petitions.

    (a) Withdrawal petitions shall be submitted to the Director, Bureau 
of Land Management, for transmittal to the Secretary.
    (b) No specific form is required, but the petition shall contain at 
least the following information:
    (1) The office originating the petition;
    (2) The type and purpose of the proposed withdrawal action (See 
Sec. 2300.0-5(h) of this title) and whether the petition pertains to the 
making, extension or modification of a withdrawal;
    (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;
    (4) The extent to which and the time during which any public lands 
that may be involved in the petition would be temporarily segregated and 
the temporary land uses that may be permitted during the segregation 
period, in accordance with Sec. 2310.2 of this title; and
    (5) A preliminary identification of the mineral resources in the 
area.
    (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 
Sec. 2310.1-2 of this title), shall supersede the requirements of this 
section.
    (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 
Secs. 2310.1-2(c) and 2310.3-2(b) of this title as is available to the 
petitioner when the petition is submitted.
    (e) Upon the approval by the Secretary of a petition for withdrawal, 
the

[[Page 83]]

petition shall be considered as a Secretarial proposal for withdrawal, 
and notice of the withdrawal proposal shall be published immediately in 
the Federal Register in accordance with Sec. 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 Sec. 2310.5 of this title.)



Sec. 2310.1-4  Cancellation of withdrawal applications or withdrawal
proposals and denial of applications.

    (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 
Sec. 2310.2-1 of this title)
    (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.



Sec. 2310.2  Segregative effect of withdrawal applications 
or withdrawal proposals.

    The following provisions apply only to applications or proposals to 
withdraw lands and not to applications or proposals seeking to modify or 
extend withdrawals.
    (a) Withdrawal applications or withdrawal proposals submitted on or 
after October 21, 1976. 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 Federal Register by 
the authorized officer. Publication of the notice in the Federal 
Register 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 
Sec. 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 Federal Register, shall not operate to extend 
the segregation period which commenced upon the publication of the prior 
withdrawal proposal.
    (b) Withdrawal applications submitted before October 21, 1976. 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 specified in the Federal 
Register 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 Federal 
Register, 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 Federal Register.
    (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

[[Page 84]]

a withdrawal proposal and that are listed in the notices required by 
Sec. 2310.3-2 of this title as permissible during the segregation 
period, may be approved by the authorized officer while the lands remain 
segregated.
    (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.
    (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.



Sec. 2310.2-1  Termination of the segregative effect of withdrawal 
applications or withdrawal proposals.

    (a) The publication in the Federal Register 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.
    (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 Federal Register 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.
    (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 Federal Register, 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.
    (d) The segregative effect resulting from the publication on or 
after October 21, 1976, of a Federal Register 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 Federal Register 
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 Federal Register 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.
    (e) The segregative effect resulting from the submission of a 
withdrawal 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 Federal 
Register 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.



Sec. 2310.3  Action on withdrawal applications and withdrawal
proposals, except for emergency withdrawals.



Sec. 2310.3-1  Publication and public meeting requirements.

    (a) When a withdrawal proposal is made, a notice to that effect 
shall be published immediately in the Federal Register. The notice shall 
contain the information required by Sec. 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

[[Page 85]]

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 Federal 
Register of withdrawal application notices.
    (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 Federal 
Register 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.
    (2) The notice shall contain, in summary form, the information 
required by Sec. 2310.1-2 of this title, except that the authorized 
officer may exclude the information required by Sec. 2310.1-2(c)(2) of 
this title, and as much of the descriptive information required by 
Sec. 2310.1-2(c) (5) and (6) of this title as the authorized officer 
considers appropriate. The notice shall:
    (i) Provide a legal description of the lands affected by the 
application, together with the total acreage of such lands;
    (ii) Specify the extent to which and the time during which any lands 
that may be involved may be segregated in accordance with Sec. 2310.2 of 
this title;
    (iii) Identify the temporary land uses that may be permitted or 
allowed during the segregation period as provided for in Sec. 2310.2(c) 
of this title;
    (iv) Provide for a suitable period of at least 90 days after 
publication of the notice, for public comment on the requested action;
    (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;
    (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;
    (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;
    (viii) State that the application will be processed in accordance 
with the regulations set forth in part 2300 of this title;
    (ix) Reference, if appropriate, the Federal Register in which the 
notice of a withdrawal proposal, if any, pertaining to the application 
was published previously;
    (x) Provide such additional information as the authorized officer 
deems necessary or appropriate.
    (c)(1) In determining whether a public meeting will be held on 
applications involving less than 5,000 acres of land, the authorized 
officer shall consider whether or not:
    (i) A large number of persons have expressed objections to or 
suggestions regarding the requested action;
    (ii) The objections or suggestions expressed appear to have merit 
without regard to the number of persons responding;
    (iii) A public meeting can effectively develop information which 
would otherwise be difficult or costly to accumulate;
    (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;
    (v) There is an appreciable public interest in the lands or their 
use, as indicated by the records of the Bureau of Land Management;
    (vi) There is prevailing public opinion in the area that favors 
public meetings or shows particular concern over withdrawal actions; and

[[Page 86]]

    (vii) The applicant has requested a public meeting.
    (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 Federal Register 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.



Sec. 2310.3-2  Development and processing of the case file for
submission to the Secretary.

    (a) Except as otherwise provided in Sec. 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.
    (b) The information, studies, analyses and reports which, as 
appropriate, shall be provided by the applicant shall include:
    (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 termination of 
existing uses. If the provisions of Sec. 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.
    (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 Sec. 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 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.
    (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.

[[Page 87]]

    (i) A report on the identification of cultural resources prepared in 
accordance with the requirements of 36 CFR part 800, and other 
applicable regulations.
    (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, et seq.), which exist within the area covered by 
the requested withdrawal action.
    (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.
    (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.
    (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.
    (vi) A statement as to the extent and manner in which the public 
participated in the environmental review process.
    (4) A statement with specific supporting data, as to:
    (i) Whether the lands involved are floodplains or are considered 
wetlands; and
    (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).
    (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.
    (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 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).
    (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.
    (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.

[[Page 88]]

    (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.
    (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.
    (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.



Sec. 2310.3-3  Action by the Secretary: Public land orders 
and notices of denial.

    (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.
    (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 Federal Register. Each order shall be designated as, and 
shall be signed by the Secretary and issued in the form of, a public 
land order. 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 Sec. 2310.3-2(c) of this title and shall be drawn to comply 
with Sec. 2310.3-6 of this title.
    (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 Sec. 2310.5(c) of this title.

[[Page 89]]

    (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.
    (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.
    (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 Federal Register.
    (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.



Sec. 2310.3-4  Duration of withdrawals.

    (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 Federal Register 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:
    (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
    (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.
    (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:
    (1) For such time as the Secretary determines desirable for a 
resource use;
    (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
    (3) For not more than 5 years to preserve the lands for a specific 
use then under consideration by either House of Congress.
    (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.
    (d) Except for emergency withdrawals, withdrawals of specific 
duration may be extended, as provided for in Sec. 2310.4 of this title.



Sec. 2310.3-5  Compensation for improvements.

    (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

[[Page 90]]

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.
    (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.



Sec. 2310.3-6  Transfer of jurisdiction.

    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 Sec. 2310.3-2(c) of this title).



Sec. 2310.4  Review and extensions of withdrawals.

    (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 Sec. 2310.1-2(c) of this title, and the 
information required by Sec. 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)).
    (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.



Sec. 2310.5  Special action on emergency withdrawals.

    (a) When the Secretary makes an emergency withdrawal under Section 
204(e) of the Act (43 U.S.C. 1714(e)), the withdrawal will be made 
immediately and will be limited in scope and duration to the emergency. 
An emergency withdrawal will be effective when signed, will 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)).
    (b) When an emergency withdrawal is signed, the Secretary must, 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)).
    (c) The Secretary must forward a report to each of the 
aforementioned committees within 90 days after filing with them the 
notice of Secretarial emergency withdrawal. Reports for all such 
withdrawals, regardless of the

[[Page 91]]

amount of acreage withdrawn, will contain the information specified in 
Section 204(c)(2) of the Act (43 U.S.C. 1714(c)(2)).

[73 FR 74047, Dec. 5, 2008]



      Subpart 2320_Federal Energy Regulatory Commission Withdrawals



Sec. 2320.0-3  Authority.

    (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.
    (b) The Mining Claims Rights Restoration Act of 1955 (30 U.S.C. 621 
et seq.), 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.



Sec. 2320.1  Lands considered withdrawn or classified for power
purposes.

    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. 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).



Sec. 2320.2  General determinations under the Federal Power Act.

    (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

[[Page 92]]

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.''
    (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.



Sec. 2320.3  Applications for restoration.

    (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 Sec. 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.
    (b) Favorable action upon an application for restoration shall not 
give the applicant any preference right when the lands are opened.



PART 2360_NATIONAL PETROLEUM RESERVE IN ALASKA--Table of Contents



Subpart 2361_Management and Protection of the National Petroleum Reserve 
                                in Alaska

Sec.
2361.0-1  Purpose.
2361.0-2  Objectives.
2361.0-3  Authority.
2361.0-4  Responsibility.
2361.0-5  Definitions.
2361.0-6  [Reserved]
2361.0-7  Effect of law.
2361.1  Protection of the environment.
2361.2  Use authorizations.
2361.3  Unauthorized use and occupancy.



Subpart 2361_Management and Protection of the National Petroleum Reserve 
                                in Alaska

    Source: 42 FR 28721, June 3, 1977, unless otherwise noted.



Sec. 2361.0-1  Purpose.

    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 et seq.).



Sec. 2361.0-2  Objectives.

    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.



Sec. 2361.0-3  Authority.

    The Naval Petroleum Reserve Production Act of 1976 (90 Stat. 303, 42 
U.S.C. 6501, et seq.) is the statutory authority for these regulations.



Sec. 2361.0-4  Responsibility.

    (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.
    (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

[[Page 93]]

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.



Sec. 2361.0-5  Definitions.

    As used in this subpart, the following terms shall have the 
following meanings:
    (a) Act means the Naval Petroleum Reserves Production Act of 1976 
(90 Stat. 303, 42 U.S.C. 6501, et seq.).
    (b) Authorized officer means any employee of the Bureau of Land 
Management who has been delegated the authority to perform the duties of 
this subpart.
    (c) Exploration 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.
    (d) Reserve 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.
    (e) Secretary means the Secretary of the Interior.
    (f) Special areas 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.
    (g) Use authorization means a written approval of a request for use 
of land or resources.



Sec. 2361.0-6  [Reserved]



Sec. 2361.0-7  Effect of law.

    (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.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
the Secretary is authorized to:
    (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.
    (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.
    (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, et seq.).
    (c) All other provisions of law heretofore enacted and actions 
heretofore taken reserving such lands as a Reserve shall remain in full 
force and effect to the extent not inconsistent with the Act.
    (d) To the extent not inconsistent with the Act, all other public 
land laws are applicable.



Sec. 2361.1  Protection of the environment.

    (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.
    (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

[[Page 94]]

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.
    (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 
Federal Register and appropriate local newspapers. Maximum protection 
may include, but is not limited to, requirements for:
    (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.
    (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 Sec. 2361.1(c) of this 
subpart.
    (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.
    (2) The consultation requirement in Sec. 2361.1(e)(1) of this 
subpart is not required when the authorized officer determines that 
emergency measures are required.
    (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.



Sec. 2361.2  Use authorizations.

    (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 which are 
consistent with the purposes and objectives of the Act will be 
authorized.
    (b) Except as may be limited, restricted, or prohibited by the 
authorized officer pursuant to Sec. 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).
    (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.
    (d) In addition to other statutory or regulatory requirements, 
approval of applications for use authorizations

[[Page 95]]

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.



Sec. 2361.3  Unauthorized use and occupancy.

    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.



PART 2370_RESTORATIONS AND REVOCATIONS--Table of Contents



           Subpart 2370_Restorations and Revocations; General

Sec.
2370.0-1  Purpose.
2370.0-3  Authority.

                         Subpart 2372_Procedures

2372.1  Notice of intention to relinquish action by holding agency.
2372.2  Report to General Services Administration.
2372.3  Return of lands to the public domain; conditions.

             Subpart 2374_Acceptance of Jurisdiction by BLM

2374.1  Property determinations.
2374.2  Conditions of acceptance by BLM.

    Authority: 63 Stat. 377 as amended, R.S. 2478; 40 U.S.C. 472, 43 
U.S.C. 1201.



           Subpart 2370_Restorations and Revocations; General



Sec. 2370.0-1  Purpose.

    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.

[35 FR 9558, June 13, 1970]



Sec. 2370.0-3  Authority.

    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:
    (a) The public domain.
    (b) Lands reserved or dedicated for national forest or national park 
purposes.
    (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.
    (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.

[35 FR 9558, June 13, 1970]



                         Subpart 2372_Procedures

    Source: 35 FR 9558, June 13, 1970, unless otherwise noted.



Sec. 2372.1  Notice of intention to relinquish action by holding
agency.

    (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 Sec. 1821.2-1 of this chapter).
    (b) No specific form of notice is required, but all notices must 
contain the following information:
    (1) Name and address of the holding agency.
    (2) Citation of the order which withdrew or reserved the lands for 
the holding agency.
    (3) Legal description and acreage of the lands, except where 
reference to the order of withdrawal or reservation is sufficient to 
identify them.
    (4) Description of the improvements existing on the lands.
    (5) The extent to which the lands are contaminated and the nature of 
the contamination.

[[Page 96]]

    (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.
    (7) The extent to which the lands have been changed in character 
other than by construction of improvements.
    (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.
    (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.
    (10) A description of the easements or other rights and privileges 
which the holding agency or its predecessors have granted covering the 
lands.
    (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.
    (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.
    (13) Recommendations as to the further disposition of the lands, 
including where appropriate, disposition by the General Services 
Administration.



Sec. 2372.2  Report to General Services Administration.

    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.



Sec. 2372.3  Return of lands to the public domain; conditions.

    (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 Sec. 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.
    (b) [Reserved]



             Subpart 2374_Acceptance of Jurisdiction by BLM



Sec. 2374.1  Property determinations.

    (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.
    (b) When the authorized officer of the Bureau of Land Management 
determines that minerals in lands subject to 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.
    (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

[[Page 97]]

the lands and on any encumbrances under the public land laws.

[35 FR 9559, June 13, 1970]



Sec. 2374.2  Conditions of acceptance by BLM.

    Agencies will not be discharged of their accountability and 
responsibility under this section unless and until:
    (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.
    (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.
    (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.
    (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.
    (e) The holding agency has submitted to the appropriate office 
mentioned in paragraph (a) of Sec. 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.

[35 FR 9559, June 13, 1970]



Group 2400_Land Classification--Table of Contents





PART 2400_LAND CLASSIFICATION--Table of Contents



                Subpart 2400_Land Classification; General

Sec.
2400.0-2  Objectives.
2400.0-3  Authority.
2400.0-4  Responsibility.
2400.0-5  Definitions.

    Source: 35 FR 9559, June 13, 1970, unless otherwise noted.



                Subpart 2400_Land Classification; General



Sec. 2400.0-2  Objectives.

    The statutes cited in Sec. 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 hunting and 
fishing or exercise of any police power of the State.



Sec. 2400.0-3  Authority.

    (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

[[Page 98]]

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.
    (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.
    (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.
    (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.
    (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.
    (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 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.
    (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 & 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

[[Page 99]]

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.
    (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.
    (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.
    (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.



Sec. 2400.0-4  Responsibility.

    (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.
    (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.



Sec. 2400.0-5  Definitions.

    As used in the regulations of this group--
    (a) Residential refers to single or multi-family dwellings or 
combinations thereof, and related community facilities, both seasonal 
and year-round.
    (b) Commercial refers to the sale, exchange, or distribution of 
goods and services.
    (c) Industrial 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.
    (d) Agricultural refers to the growing of cultivated crops.
    (e) Community refers to a village, town or city, or similar 
subdivision of a State, whether or not incorporated.
    (f) Domestic livestock refers to cattle, horses, sheep, goats and 
other grazing animals owned by livestock operators, provided such 
operators meet the qualification set forth in Sec. 4111.1-1 or 
Sec. 4131.1-3 of this chapter. This definition includes animals raised 
for commercial purposes and also domestic livestock within the meaning 
of Sec. 4111.3-1(d)(1) of this chapter.

[[Page 100]]

    (g) Fish and wildlife refers to game, fish and other wild animals 
native or adaptable to the public lands and waters.
    (h) Mineral 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.
    (i) Occupancy refers to use of lands as a site for any type of 
useful structure whatsoever.
    (j) Outdoor recreation 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.
    (k) Timber production refers to the growth of trees in forests and 
woodlands.
    (l) Watershed protection refers to maintenance of the stability of 
soil and soil cover and the control of the natural flow of water.
    (m) Wilderness refers to areas in a native condition or reverted to 
a native condition, substantially free of man-made structures and human 
habitation.
    (n) Public value refers to an asset held by, or a service performed 
for, or a benefit accruing to the people at large.
    (o) Multiple use 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) Sustained yield of the several products and services 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.



PART 2410_CRITERIA FOR ALL LAND CLASSIFICATIONS--Table of Contents



                      Subpart 2410_General Criteria

Sec.
2410.1  All classifications.
2410.2  Relative value, disposal or retention.

    Source: 35 FR 9560, June 13, 1970, unless otherwise noted.



                      Subpart 2410_General Criteria



Sec. 2410.1  All classifications.

    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:
    (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.
    (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.
    (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.
    (d) All land classifications must be consistent with Federal 
programs and

[[Page 101]]

policies, to the extent that those programs and policies affect the use 
or disposal of the public lands.

[35 FR 9560, June 13, 1970]



Sec. 2410.2  Relative value, disposal or retention.

    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.

[35 FR 9560, June 13, 1970]



PART 2420_MULTIPLE-USE MANAGEMENT CLASSIFICATIONS--Table of Contents



    Subpart 2420_Criteria for Multiple-Use Management Classifications

Sec.
2420.1  Use of criteria.
2420.2  Criteria.

    Source: 35 FR 9561, June 13, 1970, unless otherwise noted.



    Subpart 2420_Criteria for Multiple-Use Management Classifications



Sec. 2420.1  Use of criteria.

    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.

[35 FR 9561, June 13, 1970]



Sec. 2420.2  Criteria.

    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:
    (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.
    (b) Further the objectives of Federal natural resource legislation 
directed, among other things towards:
    (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).
    (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).
    (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).
    (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).
    (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 et seq.).
    (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

[[Page 102]]

other Federal lands, the O and C Act (43 U.S.C. 1181a-1181f, 1181g-
1181j).
    (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 et seq.) and section 2 of the 
Taylor Grazing Act (43 U.S.C. 315a).
    (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
    (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.
    (2) The lands should be retained in Federal ownership pending 
enactment of Federal legislation, which would affect them.
    (3) The lands should be retained in Federal ownership pending their 
acquisition by a State or local government.
    (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.
    (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.
    (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.

[35 FR 9561, June 13, 1970]



PART 2430_DISPOSAL CLASSIFICATIONS--Table of Contents



           Subpart 2430_Criteria for Disposal Classifications

Sec.
2430.1  Use of criteria.
2430.2  General criteria for disposal classification.
2430.3  Additional criteria for classification of lands needed for urban 
          or suburban purposes.
2430.4  Additional criteria for classification of lands valuable for 
          public purposes.
2430.5  Additional criteria for classification of lands valuable for 
          residential, commercial, agricultural, or industrial purposes.
2430.6  Additional criteria for lands valuable for other purposes.

    Source: 35 FR 9561, June 13, 1970, unless otherwise noted.



           Subpart 2430_Criteria for Disposal Classifications



Sec. 2430.1  Use of criteria.

    In addition to the general criteria in subpart 2410 the following 
criteria will govern classifications under the authorities listed in 
Sec. 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.



Sec. 2430.2  General criteria for disposal classification.

    The general approach to determine the act under which lands are to 
be classified and disposed of is as follows:
    (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 Sec. 2410.2 will be 
applied.
    (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.

[[Page 103]]



Sec. 2430.3  Additional criteria for classification of lands needed
for urban or suburban purposes.

    (a) To be needed for urban or suburban purposes it must be 
anticipated that a community will embrace the lands within 15 years.
    (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.
    (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.
    (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.



Sec. 2430.4  Additional criteria for classification of lands valuable
for public purposes.

    (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.
    (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.
    (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.
    (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.



Sec. 2430.5  Additional criteria for classification of lands valuable
for residential, commercial, agricultural, or industrial purposes.

    (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 highest and best use of the lands, i.e., their most 
profitable legal use in private ownership.
    (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.
    (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

[[Page 104]]

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.
    (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.
    (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 Sec. 2430.5(d) are met.
    (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 Sec. 2430.5(d) are met.
    (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.



Sec. 2430.6  Additional criteria for lands valuable for other
purposes.

    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 Secs. 2430.2-2430.5 of this section and to be not 
suitable for retention for multiple use management.



PART 2440_SEGREGATION BY CLASSIFICATION--Table of Contents



                  Subpart 2440_Criteria for Segregation

Sec.
2440.1  Use of criteria.
2440.2  General criterion.
2440.3  Specific criteria for segregative effect of classification for 
          retention.
2440.4  Specific criteria for segregative effect of classification for 
          disposal.

    Source: 35 FR 9562, June 13, 1970, unless otherwise noted.



                  Subpart 2440_Criteria for Segregation



Sec. 2440.1  Use of criteria.

    The following criteria will govern the determination of the extent 
to which classifications and proposed classifications will segregate the 
affected lands 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.



Sec. 2440.2  General criterion.

    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.



Sec. 2440.3  Specific criteria for segregative effect of classification for retention.

    (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:

[[Page 105]]

    (1) Interfere significantly with the management of the lands under 
principles of multiple use and sustained yield, or
    (2) Impair or prevent, to an appreciable extent, realization of 
public values in the lands, or
    (3) Impair or prevent, to an appreciable extent, realization of the 
objectives of retention and management set forth in part 2420, or
    (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.
    (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.



Sec. 2440.4  Specific criteria for segregative effect of 
classification for disposal.

    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.



PART 2450_PETITION-APPLICATION CLASSIFICATION SYSTEM--Table of Contents



              Subpart 2450_Petition-Application Procedures

Sec.
2450.1  Filing of petition.
2450.2  Preliminary determination.
2450.3  Proposed classification decision.
2450.4  Protests: Initial classification decision.
2450.5  Administrative review.
2450.6  Effect of final order.
2450.7  Right to occupy or settle.
2450.8  Preference right of petitioner-applicant.

    Source: 35 FR 9563, June 13, 1970, unless otherwise noted.



              Subpart 2450_Petition-Application Procedures



Sec. 2450.1  Filing of petition.

    (a) When (1) land must be classified or designated pursuant to the 
authorities cited in Sec. 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 
petition-application) must be filed in accordance with the provisions of 
Sec. 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.



Sec. 2450.2  Preliminary determination.

    Upon the filing of a petition-application, the authorized officer 
shall make 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.



Sec. 2450.3  Proposed classification decision.

    (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

[[Page 106]]

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.
    (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.
    (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.
    (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.
    (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.



Sec. 2450.4  Protests: Initial classification decision.

    (a) For a period of 30 days after the proposed classification 
decision has been served upon the parties listed in Sec. 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.
    (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.
    (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.



Sec. 2450.5  Administrative review.

    (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.
    (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.
    (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.
    (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.



Sec. 2450.6  Effect of final order.

    (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

[[Page 107]]

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.
    (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.



Sec. 2450.7  Right to occupy or settle.

    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.



Sec. 2450.8  Preference right of petitioner-applicant.

    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.



PART 2460_BUREAU INITIATED CLASSIFICATION SYSTEM--Table of Contents



           Subpart 2461_Multiple-Use Classification Procedures

Sec.
2461.0-1  Purpose.
2461.1  Proposed classifications.
2261.2  Classifications.
2461.3  Administrative review.
2461.4  Changing classifications.
2461.5  Segregative effect.

    Subpart 2462_Disposal Classification Procedure: Over 2,560 Acres

2462.0-3  Authority.
2462.1  Publication of notice of, and public hearings on, proposed 
          classification.
2462.2  Publication of notice of classification.
2462.3  Administrative review.
2462.4  Segregative effect of publication.



           Subpart 2461_Multiple-Use Classification Procedures

    Source: 35 FR 9564, June 13, 1970, unless otherwise noted.



Sec. 2461.0-1  Purpose.

    Formal action to classify land for retention for multiple use 
management will be governed by the following procedures



Sec. 2461.1  Proposed classifications.

    (a) Proposed classifications will be clearly set forth on a map by 
the authorized officer, and on the Land Office records.
    (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 Federal Register and an announcement in a newspaper having 
general circulation in the area or areas in the vicinity of the affected 
lands.
    (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.
    (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

[[Page 108]]

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.
    (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.



Sec. 2461.2  Classifications.

    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 Federal Register 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.



Sec. 2461.3  Administrative review.

    For a period of 30 days after publication of the classification in 
the Federal Register, the classification shall be subject to the 
exercise of administrative review and modification by the Secretary of 
the Interior.



Sec. 2461.4  Changing classifications.

    Classifications may be changed, using the procedures specified in 
this subpart.



Sec. 2461.5  Segregative effect.

    Segregative effect of classifications and proposed classifications:
    (a) Publication in the Federal Register of a notice of proposed 
classification pursuant to Sec. 2461.1(a) or of a notice of 
classification pursuant to Sec. 2461.2 will segregate the affected land 
to the extent indicated in the notice.
    (b) The segregative effect of a proposed classification will 
terminate in one of the following ways:
    (1) Classification of the lands within 2 years of publication of the 
notice of proposed classification in the Federal Register;
    (2) Publication in the Federal Register of a notice of termination 
of the proposed classification;
    (3) An Act of Congress;
    (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.
    (c) The segregative effect of a classification for retention will 
terminate in one of the following ways:
    (1) Reclassification of the lands for some form of disposal;
    (2) Publication in the Federal Register of a notice of termination 
of the classification;
    (3) An Act of Congress;
    (4) Expiration of the classification.



    Subpart 2462_Disposal Classification Procedure: Over 2,560 Acres

    Source: 35 FR 9564, June 13, 1970, unless otherwise noted.



Sec. 2462.0-3  Authority.

    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.



Sec. 2462.1  Publication of notice of, and public hearings on,
proposed classification.

    The authorized officer shall publish a notice of his proposed 
classification in the Federal Register 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

[[Page 109]]

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.



Sec. 2462.2  Publication of notice of classification.

    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 Federal Register. 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.



Sec. 2462.3  Administrative review.

    For a period of 30 days after publication in the Federal Register 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 Federal Register.



Sec. 2462.4  Segregative effect of publication.

    (a) Publication in the Federal Register of a notice of proposed 
classification pursuant to Sec. 2462.1 or of a notice of classification 
pursuant to Sec. 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.
    (b) The segregative effect of a proposed classification will 
terminate in one of the following ways:
    (1) Classification of the lands within 2 years of publication of the 
notice of proposed classification in the Federal Register;
    (2) Publication in the Federal Register of a notice of termination 
of the proposed classification;
    (3) An Act of Congress;
    (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.
    (c) The segregative effect of a classification for sale or other 
disposal will terminate in one of the following ways:
    (1) Disposal of the lands;
    (2) Publication in the Federal Register of a notice of termination 
of the classification;
    (3) An Act of Congress;
    (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
    (5) Expiration of an additional period, not exceeding 2 years, if 
the required notice of proposed continuance is given.

[[Page 110]]



PART 2470_POSTCLASSIFICATION ACTIONS--Table of Contents



                   Subpart 2470_Opening and Allowance

Sec.
2470.1  Opening of lands to disposal.
2470.2  Allowance and entry.

    Source: 35 FR 9565, June 13, 1970, unless otherwise noted.



                   Subpart 2470_Opening and Allowance



Sec. 2470.1  Opening of lands to disposal.

    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.

[35 FR 9565 June 13, 1970]



Sec. 2470.2  Allowance and entry.

    (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.
    (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 Sec. 2450.8, the lands shall be opened on 
an equal-opportunity basis.

[35 FR 9565 June 13, 1970]



Group 2500_Disposition; Occupancy and Use--Table of Contents



    Note: 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.

[48 FR 40889, Sept. 12, 1983]



PART 2520_DESERT-LAND ENTRIES--Table of Contents



                Subpart 2520_Desert-Land Entries: General

Sec.
2520.0-1  Purpose.
2520.0-3  Authority.
2520.0-5  Definitions.
2520.0-7  Cross references.
2520.0-8  Land subject to disposition.

                         Subpart 2521_Procedures

2521.1  Who may make desert-land entry.
2521.2  Petitions and applications.
2521.3  Assignment.
2521.4  When lands may be sold, taxed, or mortgaged.
2521.5  Annual proof.
2521.6  Final proof.
2521.7  Amendments.
2521.8  Contests.
2521.9  Relinquishments.

           Subpart 2522_Extensions of Time To Make Final Proof

2522.1  General acts authorizing extensions of time.
2522.2  Procedure on applications for extensions of time, where contest 
          is pending.
2522.3  Act of March 28, 1908.
2522.4  Act of April 30, 1912.
2522.5  Act of February 25, 1925.
2522.6  Service fees.

                          Subpart 2523_Payments

2523.1  Collection of purchase money and fees; issuance of final 
          certificate.
2523.2  Amounts to be paid.

      Subpart 2524_Desert-Land Entries Within a Reclamation Project

2524.1  Conditions excusing entrymen from compliance with the desert-
          land laws.
2524.2  Annual proof.
2524.3  Time extended to make final proof.
2524.4  Beginning of period for compliance with the law.
2524.5  Assignment of desert-land entries in whole or in part.
2524.6  Desert-land entryman may proceed independently of Government 
          irrigation.
2524.7  Disposal of lands in excess of 160 acres.
2524.8  Cancellation of entries for nonpayment of water-right charges.



                Subpart 2520_Desert-Land Entries: General

    Authority: R.S. 2478; 43 U.S.C. 1201.

[[Page 111]]


    Source: 35 FR 9581, June 13, 1970, unless otherwise noted.



Sec. 2520.0-1  Purpose.

    (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.



Sec. 2520.0-3  Authority.

    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.



Sec. 2520.0-5  Definitions.

    (a) As used in the desert-land laws and the regulations of this 
subpart:
    (1) Reclamation 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.
    (2) Cultivation 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.
    (3) Irrigation requires the application of water to land for the 
purpose of growing crops.
    (4) Crop 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.
    (5) Water supply, to be adequate, must be sufficient to irrigate 
successfully and to reclaim all of the irrigable land embraced in an 
entry.
    (6) Water right 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.



Sec. 2520.0-7  Cross references.

    (a) For assignment of desert-land entries within Government 
reclamation projects, see Sec. 2524.5(a).
    (b) For provisions under Appeals and Hearings see parts 1840 and 
1850 of this chapter.
    (c) For relinquishments, in general, see subpart 1825 of this 
chapter.
    (d) For residence and cultivation requirements under the homestead 
laws, see Sec. 2511.4-2(a).



Sec. 2520.0-8  Land subject to disposition.

    (a) Land that may be entered as desert land. (1) As the desert-land 
law requires 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.)
    (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 Secs. 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

[[Page 112]]

desert-land entry may be allowed for such lands.
    (3) Land that has been effectually reclaimed is not subject to 
desert land entry.
    (b) Quantity of lands that may be entered. An entry of lands under 
the Act of March 3, 1877, is limited to 320 acres, subject to the 
following additional limitations:
    (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.
    (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).
    (c) Entries restricted to surveyed lands. 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.)
    (d) Economic unit requirements, compactness. (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.
    (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.
    (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.



                         Subpart 2521_Procedures

    Source: 35 FR 9582, June 13, 1970, unless otherwise noted.



Sec. 2521.1  Who may make desert-land entry.

    (a) Citizenship. (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 Secs. 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.
    (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.
    (b) Second and additional entries. 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.
    (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

[[Page 113]]

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.
    (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 Sec. 2520.0-8(b).



Sec. 2521.2  Petitions and applications.

    (a) Filing and fees. (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 
Sec. 1821.2-1 of this chapter).
    (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.
    (b) Post-office addresses of applicants and witnesses. 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 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.
    (c) Execution of applications and proofs; time for filing of 
applications. (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 
Sec. 1821.3-2 of this chapter.
    (2) An application to make desert-land entry is not acceptable if 
dated more than 10 days before its filing at the land office.
    (d) Evidence of water rights required with application. 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

[[Page 114]]

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.



Sec. 2521.3  Assignment.

    (a) Lands which may be assigned. 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.
    (b) Qualifications of assignees. (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 Sec. 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.
    (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.
    (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.
    (c) Showing required of assignees; recognition of assignments. (1) 
As evidence of the assignment there should be transmitted to the 
authorizing officer 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.
    (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

[[Page 115]]

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.
    (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.
    (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.



Sec. 2521.4  When lands may be sold, taxed, or mortgaged.

    (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.
    (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.
    (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 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).
    (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.
    (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.



Sec. 2521.5  Annual proof.

    (a) Showing required. (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

[[Page 116]]

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.
    (2) Yearly or annual proof of expenditures must consist of the 
statements of two or more credible witnesses, 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.
    (b) Acceptable expenditures. (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.
    (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.)
    (c) Expenditures not acceptable. (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 
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.)
    (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.
    (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

[[Page 117]]

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.
    (d) Procedure where proof is not made when due. 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.
    (e) Desert land entry in more than one district. 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.
    (f) Extensions of time. (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.
    (2) 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.
    (g) Submission of proof before due date. 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.



Sec. 2521.6  Final proof.

    (a) General requirements. 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

[[Page 118]]

the necessary reservoirs, ditches, dams, etc., have been fully complied 
with.
    (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.
    (b) Notice of intention to make final proof. 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.
    (c) Publication of final-proof notice. 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.
    (d) Submission of final proof. 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 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.

The final proof may be made before any officer authorized to administer 
oaths in public land cases, as explained in Sec. 1821.3-2 of this 
chapter.
    (e) Showing as to irrigation system. 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.
    (f) Showing as to lands irrigated and reclaimed. 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

[[Page 119]]

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.)
    (g) Showing as to tillage of land. 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.
    (h) Showing as to water right. (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 
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.
    (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.)
    (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

[[Page 120]]

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.
    (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 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.
    (i) Showing where water supply is derived from irrigation project. 
(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

[[Page 121]]

evidence as he can tending to support his contentions.
    (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.
    (j) Final-proof expiration notice. (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.)
    (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.
    (k) Requirements where township is suspended for resurvey. 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.



Sec. 2521.7  Amendments.

    (a) To enlarge area of desert-land entry. 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.
    (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 seemed to 
be worthy of the expenditure requisite for that purpose, said lands 
having since been released from such appropriations.
    (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.
    (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.
    (b) Conditions governing amendments in exercise of equitable powers; 
amendments involving homestead and desert-land entries of adjoining 
lands. Applications for amendment presented pursuant to Sec. 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

[[Page 122]]

which, by the exercise of reasonable diligence, the existence of such 
conditions might have been discovered: Provided, nevertheless, 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 Secs. 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.
    (c) Evidence of water-right to accompany application to amend 
desert-land entry. 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 
Sec. 2521.2.



Sec. 2521.8  Contests.

    (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.
    (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.



Sec. 2521.9  Relinquishments.

    A desert-land entry may be relinquished at any time by the party 
owning the same. Conditional relinquishments will not be accepted.



           Subpart 2522_Extensions of Time To Make Final Proof

    Source: 35 FR 9587, June 13, 1970, unless otherwise noted.



Sec. 2522.1  General acts authorizing extensions of time.

    (a) There are five general Acts of Congress which authorize the 
allowance, under certain conditions, of an extension of time for the 
submission of 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).
    (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.



Sec. 2522.2  Procedure on applications for extensions of time, 
where contest is pending.

    (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).
    (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

[[Page 123]]

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.



Sec. 2522.3  Act of March 28, 1908.

    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.



Sec. 2522.4  Act of April 30, 1912.

    (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.
    (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.



Sec. 2522.5  Act of February 25, 1925.

    Applications for further extension of time under the Act of April 
30, 1912, 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.



Sec. 2522.6  Service fees.

    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.



                          Subpart 2523_Payments



Sec. 2523.1  Collection of purchase money and fees; issuance of final certificate.

    (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.
    (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.

[[Page 124]]

    (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.
    (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.

[35 FR 9588, June 13, 1970]



Sec. 2523.2  Amounts to be paid.

    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.

[35 FR 9588, June 13, 1970]



      Subpart 2524_Desert-Land Entries Within a Reclamation Project

    Authority: Sec. 10, 32 Stat. 390; as amended; 43 U.S.C. 373.

    Source: 35 FR 9588, June 13, 1970, unless otherwise noted.



Sec. 2524.1  Conditions excusing entrymen from compliance with the
desert-land laws.

    (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 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 et seq.) will be excused during the 
continuance of such hindrance from complying with the provisions of the 
desert-land laws.
    (b) Persons excused from compliance with the desert-land laws. 
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.
    (c) Statement required to warrant excuse. 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.

[[Page 125]]



Sec. 2524.2  Annual proof.

    (a) Extension of time. 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.
    (b) When application for extension of time should be filed. 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.



Sec. 2524.3  Time extended to make final proof.

    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.



Sec. 2524.4  Beginning of period for compliance with the law.

    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 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).



Sec. 2524.5  Assignment of desert-land entries in whole or in part.

    (a) Act of July 24, 1912. 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

[[Page 126]]

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.
    (b) Amendment of farm-unit plat after partial assignment. 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 Sec. 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.



Sec. 2524.6  Desert-land entryman may proceed independently of 
Government irrigation.

    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.



Sec. 2524.7  Disposal of lands in excess of 160 acres.

    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.



Sec. 2524.8  Cancellation of entries for nonpayment of water-right
charges.

    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.



PART 2530_INDIAN ALLOTMENTS--Table of Contents



                 Subpart 2530_Indian Allotments: General

Sec.
2530.0-3  Authority.
2530.0-7  Cross reference.
2530.0-8  Land subject to allotment.

                  Subpart 2531_Applications, Generally

2531.1  Qualifications of applicants.
2531.2  Petition and applications.
2531.3  Effect of application.

                         Subpart 2532_Allotments

2532.1  Certificate of allotment.
2532.2  Trust patent.

             Subpart 2533_Allotments Within National Forests

2533.0-3  Authority.
2533.0-8  Land subject to allotment.
2533.1  Application.
2533.2  Approval.



                 Subpart 2530_Indian Allotments: General

    Authority: R.S. 2478, 34 Stat. 197; 43 U.S.C. 1201, 48 U.S.C. 357.



Sec. 2530.0-3  Authority.

    (a) General Allotment Act of February 8, 1887. 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),

[[Page 127]]

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.
    (b) Act of March 1, 1933. 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.
    (c) Executive Orders 6910 and 6964, Taylor Grazing Act of June 28, 
1934. 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.

[35 FR 9589, June 13, 1970, as amended at 37 FR 23184, Oct. 31, 1972]



Sec. 2530.0-7  Cross reference.

    For native allotments in Alaska see subpart 2561 of this chapter.

[35 FR 9589, June 13, 1970]



Sec. 2530.0-8  Land subject to allotment.

    (a) General. (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.
    (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.
    (3) An allotment may be allowed for coal and oil and gas lands, with 
reservation of the mineral contents to the United States.

[35 FR 9589, June 13, 1970]



                  Subpart 2531_Applications, Generally



Sec. 2531.1  Qualifications of applicants.

    (a) General. 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 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.
    (b) Certificate that applicant is Indian and eligible for allotment. 
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

[[Page 128]]

the Indian Office. The required forms may be obtained as stated in 
Sec. 2531.2(b).
    (c) Heirs of Indian settlers and applicants. (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.
    (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.
    (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.
    (d) Minor children. 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.
    (e) Indian wives. (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.
    (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 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.
    (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.
    (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.
    (f) Citizenship. (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.
    (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.

[[Page 129]]

    (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.

[35 FR 9589, June 13, 1970, as amended at 37 FR 23185, Oct. 31, 1972]



Sec. 2531.2  Petition and applications.

    (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 Sec. 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 
Sec. 1821.2 of this chapter.

The petition and the statement attached to the application for 
certificate must be signed by the applicant.
    (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.

[35 FR 9590, June 13, 1970]



Sec. 2531.3  Effect of application.

    (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.
    (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.

[37 FR 23185, Oct. 31, 1972]



                         Subpart 2532_Allotments



Sec. 2532.1  Certificate of allotment.

    (a) When the authorizing officer approves an application for 
allotment, he will issue to the applicant a certificate of allotment, 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.
    (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 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.

[35 FR 9591, June 13, 1970]



Sec. 2532.2  Trust patent.

    (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.
    (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

[[Page 130]]

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.

[35 FR 9591, June 13, 1970]



             Subpart 2533_Allotments Within National Forests

    Source: 35 FR 9591, June 13, 1970, unless otherwise noted.



Sec. 2533.0-3  Authority.

    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.



Sec. 2533.0-8  Land subject to allotment.

    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.



Sec. 2533.1  Application.

    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.



Sec. 2533.2  Approval.

    (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.
    (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.
    (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.

[35 FR 9591, June 13, 1970, as amended at 41 FR 29122, July 15, 1976]



PART 2540_COLOR-OF-TITLE AND OMITTED LANDS--Table of Contents



         Subpart 2540_Color-of-Title: Authority and Definitions

Sec.
2540.0-3  Authority.
2540.0-5  Definition.

                     Subpart 2541_Color-of-Title Act

2541.1  Who may apply.
2541.2  Procedures.
2541.3  Patents.
2541.4  Price of land; payment.
2541.5  Publication; protests.

Subpart 2542_Color-of-Title Claims: New Mexico, Contiguous to Spanish or 
                             Mexican Grants

2542.1  Application.
2542.2  Evidence required.
2542.3  Publication and posting of notice.
2542.4  Patent.

           Subpart 2543_Erroneously Meandered Lands: Arkansas

2543.1  Applications.
2543.2  Appraisal of land.
2543.3  Purchase price required.
2543.4  Publication and posting.
2543.5  Patent.

           Subpart 2544_Erroneously Meandered Lands: Louisiana

2544.1  Applications.
2544.2  Appraisal of land.
2544.3  Notice to deposit purchase price.
2544.4  Publication and posting.
2544.5  Patent.

           Subpart 2545_Erroneously Meandered Lands: Wisconsin

2545.1  Qualifications of applicants.
2545.2  Applications.
2545.3  Publication and protests.
2545.4  Price of land; other conditions.

[[Page 131]]

             Subpart 2546_Snake River, Idaho: Omitted Lands

2546.1  Offers of lands for sale.
2546.2  Applications for purchase.
2546.3  Payment and publication.
2546.4  Public auctions.

                   Subpart 2547_Omitted Lands: General

2547.1  Qualifications of applicants.
2547.2  Procedures; applications.
2547.3  Price of land; payment.
2547.4  Publication and protests.
2547.5  Disposal considerations.
2547.6  Lands not subject to disposal under this subpart.
2547.7  Coordination with State and local governments.



         Subpart 2540_Color-of-Title: Authority and Definitions



Sec. 2540.0-3  Authority.

    (a) Act of December 22, 1928. 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 Sec. 2540.0-5(b) upon payment of the sale 
price of the land.
    (b) Act of February 23, 1932. 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.
    (c) Act of September 21, 1922. 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.
    (d) Act of February 19, 1925. 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.
    (e) Act of August 24, 1954. 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 the Act of 1954 and 
the Act of 1925, respectively, in Secs. 2545.1 to 2545.4.
    (f) Act of May 31, 1962. (1) The Act of May 31, 1962 (76 Stat. 89), 
hereafter referred to as the Act, authorizes the Secretary of the 
Interior, in his discretion,

[[Page 132]]

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.
    (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.
    (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.
    (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.
    (g) The Federal Land Policy and Management Act of 1976.
    (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.
    (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.
    (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.
    (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.

[35 FR 9591, June 13, 1970, as amended at 44 FR 41793, July 18, 1979]



Sec. 2540.0-5  Definition.

    (a) The act, 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).
    (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

[[Page 133]]

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.

[35 FR 9592, June 13, 1970]



                     Subpart 2541_Color-of-Title Act

    Source: 35 FR 9592, June 13, 1970, unless otherwise noted.



Sec. 2541.1  Who may apply.

    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.



Sec. 2541.2  Procedures.

    (a) Application. (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 Sec. 1821.2 of 
this chapter.
    (2) Every application must be accompanied by a filing fee of $10, 
which will be nonreturnable.
    (3) The application must be in typewritten form, or in legible 
handwriting, and it must be completely executed and signed by the 
applicant.
    (4) Every applicant must furnish information required in the 
application form concerning improvements, cultivation, conveyances of 
title, taxes, and related matters.
    (b) Description of lands applied for. 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.
    (c) Presentation and verification of factual statements. (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 conveyances or claims. Abstracts of title or other documents 
which are so requested will be returned to the applicant.
    (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.



Sec. 2541.3  Patents.

    (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:
    (1) Any minerals which, at the time of approval of the application, 
are embraced by an outstanding mineral lease or
    (2) Any minerals for which the lands have been placed in a mineral 
withdrawal.

All other patents will reserve all minerals to the United States.
    (b) All mineral reservations will include the right to prospect for, 
mine, and remove the same in accordance with applicable law.
    (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.



Sec. 2541.4  Price of land; payment.

    (a) Price of land. The land applied for will be appraised on the 
basis of its fair

[[Page 134]]

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.
    (b) Payment. Applicant will be required to make payment of the sale 
price of the land within the time stated in the request for payment.



Sec. 2541.5  Publication; protests.

    (a) The applicant will be required to publish once a week for four 
consecutive weeks in accordance with Sec. 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 Sec. 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.
    (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.



Subpart 2542_Color-of-Title Claims: New Mexico, Contiguous to Spanish or 
                             Mexican Grants

    Source: 35 FR 9593, June 13, 1970, unless otherwise noted.



Sec. 2542.1  Application.

    (a) Where filed; purchase price required. 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.
    (b) Form. 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.
    (c) Contents of application. Applicants desiring to take advantage 
of the benefits of the Act of February 23, 1932, must show the following 
matters in their applications:
    (1) Full name and post-office address of the applicant and whether 
married or single.
    (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.
    (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.
    (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.
    (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.
    (6) Whether or not valuable improvements have been erected upon the 
land applied for and whether or not any part

[[Page 135]]

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.



Sec. 2542.2  Evidence required.

    (a) Citizenship. 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.
    (b) Acreage claimed. 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.



Sec. 2542.3  Publication and posting of notice.

    (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:

                                                          Land Office,  
                                                   Santa Fe, New Mexico.

    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).

    The purpose of this notice is to allow all persons having bona fide 
objection to the proposed purchase, an opportunity to file their 
protests in this office on or before

________________________________________________________________________
                                                                  (Date)
________________________________________________________________________
                                                               (Manager)

    (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.



Sec. 2542.4  Patent.

    (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.
    (b) There will be incorporated in patents issued on applications 
under the above Act, the following:

    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).

[[Page 136]]



           Subpart 2543_Erroneously Meandered Lands: Arkansas

    Source: 35 FR 9593, June 13, 1970, unless otherwise noted.



Sec. 2543.1  Applications.

    (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.
    (b) All applications to purchase under the act must be accompanied 
by an application service fee of $10 which will not be returnable.



Sec. 2543.2  Appraisal of land.

    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.



Sec. 2543.3  Purchase price required.

    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.



Sec. 2543.4  Publication and posting.

    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 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.



Sec. 2543.5  Patent.

    Upon submission of satisfactory proof, if no protest or contest is 
pending, patent will be issued.



           Subpart 2544_Erroneously Meandered Lands: Louisiana

    Source: 35 FR 9594, June 13, 1970, unless otherwise noted.



Sec. 2544.1  Applications.

    (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

[[Page 137]]

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.
    (b) All applications to purchase under the act must be accompanied 
by an application service fee of $10 which will not be returnable.



Sec. 2544.2  Appraisal of land.

    When an application is received it will be assigned for 
investigation and appraisement of the land in accordance with the 
provisions of the act.



Sec. 2544.3  Notice to deposit purchase price.

    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.



Sec. 2544.4  Publication and posting.

    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 Sec. 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 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.



Sec. 2544.5  Patent.

    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.



           Subpart 2545_Erroneously Meandered Lands: Wisconsin

    Source: 35 FR 9594, June 13, 1970, unless otherwise noted.



Sec. 2545.1  Qualifications of applicants.

    (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.
    (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

[[Page 138]]

(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.



Sec. 2545.2  Applications.

    (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 Sec. 1821.2-1 
of this chapter).
    (b) Every application must be accompanied by a filing fee of $10, 
which is not returnable.
    (c) No particular form is required but the applications must be 
typewritten or in legible handwriting and must contain the following 
information:
    (1) The name and post office address of the applicant.
    (2) The legal description and acreage of the public lands claimed or 
desired.
    (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.
    (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.
    (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.
    (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.
    (7) A statement showing the cultivation, if any, of the lands 
applied for, including the nature, location, and dates of such 
cultivation.
    (8) The names and post office addresses of any adverse claimants, 
settlers, or occupants of the public lands applied for or claimed.
    (9) The names and post office addresses of at least two 
disinterested persons having knowledge of the facts relating to the 
applicant's claim.
    (10) A citation of the act under which the application is made.



Sec. 2545.3  Publication and protests.

    (a) The applicant will be required to publish once a week for five 
consecutive weeks in accordance with Sec. 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.
    (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.



Sec. 2545.4  Price of land; other conditions.

    (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.
    (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.

[[Page 139]]



             Subpart 2546_Snake River, Idaho: Omitted Lands

    Source: 35 FR 9595, June 13, 1970, unless otherwise noted.



Sec. 2546.1  Offers of lands for sale.

    Before any lands may be sold under the Act, the authorized officer 
of the Bureau of Land Management shall publish in the Federal Register 
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.



Sec. 2546.2  Applications for purchase.

    (a) All citizens who file a notice of intention in accordance with 
Sec. 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.
    (b) Every application must be accompanied by a filing fee of $10, 
which is not returnable.
    (c) No particular form is required but the applications must be 
typewritten or in legible handwriting and must contain the following 
information:
    (1) The name and post office address of the claimant.
    (2) The description and acreage of the public lands claimed or 
desired.
    (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.
    (4) A statement showing that the claimant is a citizen of the United 
States, as defined in paragraph (4) of Sec. 2540.0-3(f).
    (5) A statement giving the basis for color of title or claim of 
riparian ownership.
    (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.
    (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.
    (8) The names and post office addresses of any adverse claimants, 
settlers, or occupants of the public lands claimed.
    (9) The names and addresses of at least two disinterested persons 
having knowledge of the facts relating to the applicant's claim.
    (10) A citation of the Act under which the application is made.



Sec. 2546.3  Payment and publication.

    (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.
    (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.
    (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.



Sec. 2546.4  Public auctions.

    (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

[[Page 140]]

regulations of Sec. 2540.0-3(f) and subpart 2546.
    (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.
    (c) Bids may be made by the principal or his agent, either 
personally at the sale or by mail.
    (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.
    (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.
    (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.



                   Subpart 2547_Omitted Lands: General

    Authority: Secs. 211 and 310 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1721 and 1740).

    Source: 44 FR 41793, July 18, 1979, unless otherwise noted.



Sec. 2547.1  Qualifications of applicants.

    (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.
    (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.
    (c) The applicant shall have occupied and developed the lands for a 
5-year period prior to January 1, 1975.

[44 FR 41793, July 18, 1979; 44 FR 55876, Sept. 28, 1979]



Sec. 2547.2  Procedures; applications.

    (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.
    (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 Sec. 1821.2 of this title.
    (c) No special form of application is required. The application 
shall be typewritten or in legible handwriting and shall contain the 
following information:
    (1) The full name and legal mailing address of the applicant.
    (2) The description and acreage of the public lands claimed.
    (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.
    (4) A statement describing how the applicant has satisfied the 
requirements of the statute.
    (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.
    (6) The names and legal mailing addresses of any known adverse 
claimants or occupants of the applied for lands.
    (7) A citation of the Act under which the application is being made.



Sec. 2547.3  Price of land; payment.

    (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

[[Page 141]]

shall be deducted from the appraised price.
    (b) The applicant shall also be required to pay administrative 
costs, including:
    (1) The cost of making the survey,
    (2) The cost of appraisal, and
    (3) The cost of making the conveyance.
    (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.



Sec. 2547.4  Publication and protests.

    (a) The applicant shall be required to publish a notice of the 
application once a week for five consecutive weeks in accordance with 
Sec. 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.
    (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.



Sec. 2547.5  Disposal considerations.

    (a) Disposal under this provision shall not be made until:
    (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.
    (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.
    (3) The plat of survey has been officially filed.



Sec. 2547.6  Lands not subject to disposal under this subpart.

    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.



Sec. 2547.7  Coordination with State and local governments.

    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 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.



PART 2560_ALASKA OCCUPANCY AND USE--Table of Contents



                     Subpart 2561_Native Allotments

Sec.
2561.0-2  Objectives.
2561.0-3  Authority.
2561.0-5  Definitions.
2561.0-8  Lands subject to allotment.
2561.1  Applications.
2561.2  Proof of use and occupancy.
2561.3  Effect of allotment.

               Subpart 2562_Trade and Manufacturing Sites

2562.0-3  Authority.
2562.1  Initiation of claim.
2562.2  Qualifications of applicant.
2562.3  Applications.
2562.4  Survey.
2562.5  Publication and posting.
2562.6  Form of entry.
2562.7  Patent.

                 Subpart 2563_Homesites or Headquarters

2563.0-2  Purpose.
2563.0-3  Authority.
2563.0-7  Cross references.

[[Page 142]]

2563.1  Purchase of tracts not exceeding 5 acres, on showing as to 
          employment or business (Act of March 3, 1927).
2563.1-1  Application.
2563.1-2  Approval.
2563.2  Purchase of tracts not exceeding 5 acres, without showing as to 
          employment or business (Act of May 26, 1934).
2563.2-1  Procedures for initiating claim.

                      Subpart 2564_Native Townsites

2564.0-3  Authority.
2564.0-4  Responsibility.
2564.1  Application for restricted deed.
2564.2  No payment, publication or proof required on entry for native 
          towns.
2564.3  Native towns occupied partly by white occupants.
2564.4  Provisions to be inserted in restricted deeds.
2564.5  Sale of land for which restricted deed was issued.
2564.6  Application for unrestricted deed.
2564.7  Determination of competency or noncompetency; issuance of 
          unrestricted deed.

                    Subpart 2565_Non-native Townsites

2565.0-3  Authority.
2565.0-7  Cross reference.
2565.1  General requirements.
2565.2  Application; fees; contests and protests.
2565.3  Subdivision.
2565.4  Deeds.
2565.5  Sale of the land.
2565.6  Rights-of-way.
2565.7  Final report of trustee; disposition of unexpended moneys and 
          unsold lots.
2565.8  Records to be kept by trustee.
2565.9  Disposition of records on completion of trust.

                 Subpart 2566_Alaska Railroad Townsites

2566.0-3  Authority.
2566.0-7  Cross references.
2566.1  General procedures.
2566.2  Public sale.

       Subpart 2568_Alaska Native Allotments for Certain Veterans

                                 Purpose

2568.10  What Alaska Native allotment benefits are available to certain 
          Alaska Native veterans?

                          Regulatory Authority

2568.20  What is the legal authority for these allotments?
2568.21  Do other regulations directly apply to these regulations?

                               Definitions

2568.30  What terms do I need to know to understand these regulations?

                         Information Collection

2568.40  Does BLM have the authority to ask me for the information 
          required in these regulations?

                    Who is Qualified for an Allotment

2568.50  What qualifications do I need to be eligible for an allotment?

                        Personal Representatives

2568.60  May the personal representatives of eligible deceased veterans 
          apply on their behalf?
2568.61  What are the requirements for a personal representative?
2568.62  Under what circumstances does BLM accept the appointment of a 
          personal representative?
2568.63  Under what circumstances does BLM reject the appointment of a 
          personal representative?
2568.64  Are there different requirements for giving an allotment to the 
          estate of a deceased veteran?

                        Applying for an Allotment

2568.70  If I am qualified for an allotment, when can I apply?
2568.71  Where do I file my application?
2568.72  When does BLM consider my application to be filed too late?
2568.73  Do I need to fill out a special application form?
2568.74  What else must I file with my application?
2568.75  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?
2568.76  Do I need to pay any fees when I file my application?
2568.77  [Reserved]
2568.78  Will my application segregate the land for which I am applying 
          from other applications or land actions?
2568.79  Are there any rules about the number and size of parcels?
2568.80  Does the parcel have to be surveyed before I can receive title 
          to it?
2568.81  If BLM finds errors in my application, will BLM give me a 
          chance to correct them?
2568.82  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?

[[Page 143]]

                        Available Lands--General

2568.90  If I qualify for an allotment, what land may BLM convey to me?
2568.91  Is there land owned by the Federal government that BLM cannot 
          convey to me even if I qualify?
2568.92  [Reserved]
2568.93  Is there a limit to how much water frontage my allotment can 
          include?
2568.94  Can I receive an allotment of land that is valuable for 
          minerals?
2568.95  Will BLM try to reacquire land that has been conveyed out of 
          Federal ownership so it can convey that land to a Native 
          veteran?

            Available Lands--Conservation System Units (CSU)

2568.100  What is a CSU?
2568.101  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?
2568.102  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?
2568.103  By what process does the managing agency of a CSU decide if my 
          allotment would be consistent with the CSU?
2568.104  How will a CSU manager determine if my allotment is consistent 
          with the CSU?
2568.105  In what situations could a CSU manager likely find an 
          allotment to be consistent with the CSU?
2568.106  In what situations could a CSU manager generally find an 
          allotment to be inconsistent with the purposes of a CSU?

                         Alternative Allotments

2568.110  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?
2568.111  What if BLM decides that I qualify for land that is in the 
          category of Federal land that BLM cannot convey?
2568.112  What do I do if BLM notifies me that I am eligible to choose 
          an alternative allotment?
2568.113  Do I have to prove that I used and occupied the land I've 
          chosen as an alternative allotment?
2568.114  How do I apply for an alternative allotment if the CSU manager 
          determines my application is inconsistent with a CSU?
2568.115  When must I apply for an alternative allotment if the CSU 
          manager determines my application is inconsistent with a CSU?

                                 Appeals

2568.120  What can I do if I disagree with any of the decisions that are 
          made about my allotment application?
2568.121  If an agency determines my allotment is inconsistent with the 
          purposes of a CSU, what can I do if I disagree?
2568.122  What then does the CSU manager do with my request for 
          reconsideration?
2568.123  Can I appeal the CSU Manager's reconsidered decision if I 
          disagree with it?

    Authority: 43 U.S.C. 1629g(e).



                     Subpart 2561_Native Allotments

    Source: 35 FR 9597, June 13, 1970, unless otherwise noted.



Sec. 2561.0-2  Objectives.

    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.



Sec. 2561.0-3  Authority.

    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.



Sec. 2561.0-5  Definitions.

    As used in the regulations in this section.
    (a) The term substantially continuous use and occupancy 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.

[[Page 144]]

    (b) Allotment 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 homestead of the allottee and his 
heirs in perpetuity, and shall be inalienable and nontaxable except as 
otherwise provided by the Congress.
    (c) Allotment Act means the Act of May 17, 1906 (34 Stat. 197), as 
amended (48 U.S.C. 357, 357a, 357b).



Sec. 2561.0-8  Lands subject to allotment.

    (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.
    (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.
    (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.
    (d) Lands in applications for allotment and allotments that may be 
valuable for coal, oil, or gas deposits are subject to the regulations 
of Sec. 2093.4 of this chapter.



Sec. 2561.1  Applications.

    (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.
    (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).
    (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.
    (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 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.
    (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 
et seq.).
    (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.

[35 FR 9597, June 13, 1970, as amended at 39 FR 34542, Sept. 26, 1974]



Sec. 2561.2  Proof of use and occupancy.

    (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

[[Page 145]]

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.
    (b) [Reserved]



Sec. 2561.3  Effect of allotment.

    (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.
    (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.



               Subpart 2562_Trade and Manufacturing Sites

    Authority: R.S. 2478; 43 U.S.C. 1201.

    Source: 35 FR 9598, June 13, 1970, unless otherwise noted.



Sec. 2562.0-3  Authority.

    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 Sec. 2093.4 of this chapter.



Sec. 2562.1  Initiation of claim.

    (a) Notice. 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 a qualified person, association, or corporation, the claimant 
must file notice of the claim in the proper office, within 90 days from 
that date.
    (b) Form of notice. 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 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.
    (c) Failure to file notice. 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.
    (d) Recording fee. 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.

[[Page 146]]



Sec. 2562.2  Qualifications of applicant.

    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.



Sec. 2562.3  Applications.

    (a) Execution. 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.
    (b) Fees. All applications must be accompanied by an application 
service fee of $10 which will not be returnable.
    (c) Time for filing. 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.
    (d) Contents. The application to enter must show:
    (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).
    (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.
    (3) That the land does not abut more than 80 rods of navigable 
water.
    (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 Sec. 2311.2(a) of this 
chapter.
    (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.
    (e) Description of land. If the land be surveyed, it must be 
described in the application according to legal subdivisions of the 
public-land surveys. If it be unsurveyed, the application must describe 
it by approximate latitude and longitude and otherwise with as much 
certainty as possible without survey.



Sec. 2562.4  Survey.

    (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.
    (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

[[Page 147]]

an order to the applicant for such survey, which will be sufficient 
authority for any deputy surveyor to make a survey of the claim.
    (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.



Sec. 2562.5  Publication and posting.

    The instructions given in subpart 1824 of this chapter, relative to 
publication and posting.



Sec. 2562.6  Form of entry.

    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.



Sec. 2562.7  Patent.

    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.



                 Subpart 2563_Homesites or Headquarters

    Source: 35 FR 9599, June 13, 1970, unless otherwise noted.



Sec. 2563.0-2  Purpose.

    (a) Act of March 3, 1927. 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.
    (b) [Reserved]



Sec. 2563.0-3  Authority.

    (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, 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.
    (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.



Sec. 2563.0-7  Cross references.

    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.



Sec. 2563.1  Purchase of tracts not exceeding 5 acres, on showing as 
to employment or business (Act of March 3, 1927).

    (a) Notice of initiation of claim. 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

[[Page 148]]

be governed in other respects by the provisions of Sec. 2563.2-1(a) to 
(d).
    (b) [Reserved]



Sec. 2563.1-1  Application.

    (a) Form and contents of applications. 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:
    (1) The age and citizenship of applicant.
    (2) The actual use and occupancy of the land for which application 
is made for a homestead or headquarters.
    (3) The date when the land was first occupied as a homestead or 
headquarters.
    (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.
    (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.
    (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.
    (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 Sec. 2311.2(a).
    (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.
    (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\1/2\ 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.
    (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.
    (b) Filing fee. All applications must be accompanied by an 
application service fee of $10 which will not be returnable.
    (c) Time for filing application. 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.



Sec. 2563.1-2  Approval.

    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.



Sec. 2563.2  Purchase of tracts not exceeding 5 acres, without showing
as to employment or business (Act of May 26, 1934).



Sec. 2563.2-1  Procedures for initiating claim.

    (a) Who must file. 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.
    (b) Form of notice. The notice must be filed on a form approved by 
the Director in triplicate if the land is unsurveyed, or in duplicate if 
surveyed,

[[Page 149]]

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.
    (c) Failure to file notice. 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.
    (d) Recording fee. 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.
    (e) Form and contents of application. 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.

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:
    (1) Full name, post office address and age of applicant.
    (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.
    (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.
    (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.
    (5) That the land is not included within an area which is reserved 
because of hot, medicinal or other springs, as explained in 
Sec. 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.
    (6) 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.
    (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.
    (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\1/2\ 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.
    (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.
    (f) Filing fee. All applications must be accompanied by an 
application service fee of $10 which will not be returnable.

(Sec. 10, 30 Stat. 413, as amended; 48 U.S.C. 461)

[[Page 150]]



                      Subpart 2564_Native Townsites

    Source: 35 FR 9601, June 13, 1970, unless otherwise noted.



Sec. 2564.0-3  Authority.

    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.



Sec. 2564.0-4  Responsibility.

    (a) Administration of Indian possessions in trustee towns. 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.
    (b) Administration of native towns. 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.



Sec. 2564.1  Application for restricted deed.

    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.



Sec. 2564.2  No payment, publication or proof required on entry for
native towns.

    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.



Sec. 2564.3  Native towns occupied partly by white occupants.

    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 (26 Stat. 1095, 1099), and the Act of May 25, 1926 (44 
Stat. 629).



Sec. 2564.4  Provisions to be inserted in restricted deeds.

    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.



Sec. 2564.5  Sale of land for which restricted deed was issued.

    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

[[Page 151]]

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.



Sec. 2564.6  Application for unrestricted deed.

    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.



Sec. 2564.7  Determination of competency or noncompetency; issuance
of unrestricted deed.

    (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.
    (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 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.
    (c) Except as provided in this section, the townsite trustee shall 
not issue other than restricted deeds to Indian or other Alaska natives.

(43 U.S.C. 733-735, 737)

[35 FR 9601, June 13, 1970, as amended at 41 FR 29122, July 15, 1976]



                    Subpart 2565_Non-native Townsites

    Source: 35 FR 9601, June 13, 1970, unless otherwise noted.



Sec. 2565.0-3  Authority.

    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).



Sec. 2565.0-7  Cross reference.

    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 Secs. 2760.0-3 and 2761.3.

[[Page 152]]



Sec. 2565.1  General requirements.

    (a) Survey of exterior lines; exclusions from townsite survey. 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.
    (b) Petition for trustee and for survey of lands into lots, blocks, 
etc. 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 Sec. 2565.3(b) of 
this part.
    (c) Designation of trustee; payment required: area enterable. 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.



Sec. 2565.2  Application; fees; contests and protests.

    (a) Filing of application; publication and posting; submission of 
proof. 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.
    (b) Application service fee. The trustee's application shall be 
accompanied by $10 application service fee which shall not be 
returnable.
    (c) Expense money to be advanced by lot occupants. 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.
    (d) Contests and protests. Applications for entry will be subject to 
contest or protest as in other cases.



Sec. 2565.3  Subdivision.

    (a) Subdivision of land and payment therefore. 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.
    (b) Lot assessments. 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.
    (c) Award and disposition of lots after subdivisional survey. 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

[[Page 153]]

townsite survey or their assigns thereafter, are entitled to the 
allotments herein provided. Minority and coverture are not disabilities.



Sec. 2565.4  Deeds.

    (a) Applications for deeds. 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.
    (b) Issuance of deeds; procedure on conflicting applications. (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.
    (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.



Sec. 2565.5  Sale of the land.

    (a) Public sale of unclaimed lots. 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 Sec. 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 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.
    (b) Sales to Federal, State and local governmental agencies. (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.
    (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.
    (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

[[Page 154]]

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.



Sec. 2565.6  Rights-of-way.

    (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.
    (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.
    (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 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.



Sec. 2565.7  Final report of trustee; disposition of unexpended
moneys and unsold lots.

    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.



Sec. 2565.8  Records to be kept by trustee.

    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.

[[Page 155]]



Sec. 2565.9  Disposition of records on completion of trust.

    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 Sec. 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.

(Sec. 11, 26 Stat. 1099; 48 U.S.C. 355)



                 Subpart 2566_Alaska Railroad Townsites

    Source: 35 FR 9603, June 13, 1970, unless otherwise noted.



Sec. 2566.0-3  Authority.

    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.
    (a) Orders revoked. 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 Secs. 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.
    (b) Amendments--(1) Executive Orders 3529 and 5136. Sections 2566.1 
and 2566.2 are amended by E.O. 3529, Aug. 9, 1921 and E.O. 5136, June 
12, 1929.
    (2) The designation of the Alaskan Engineering Commission has been 
changed to The Alaska Railroad. 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.
    (3) Due to the change in organization, plats of Alaska Railroad 
townsites are not approved by an official of the Alaska Railroad.
    (4) The State Director in Alaska has been designated as 
Superintendent of Sales of Alaska Railroad townsites.
    (c) Executive Order 5136. (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.
    (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.
    (3) This order shall continue in full force and effect unless and 
until revoked by the President or by Act of Congress.

(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)



Sec. 2566.0-7  Cross references.

    (a) Sales of railroad townsites in Alaska, provided for by Executive 
Order 3489 of June 10, 1921, Secs. 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 Secs. 2760.0-3 to 2761.2(e) so far as those regulations are 
applicable.
    (b) For surveys, Alaska, see part 9180 of this chapter. For 
townsites, Alaska, see Sec. 2565.0-7.

[[Page 156]]



Sec. 2566.1  General procedures.

    (a) Reservations. 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.
    (b) Survey. 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.
    (c) Preference right. 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.



Sec. 2566.2  Public sale.

    (a) Generally. 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.
    (b) Superintendent's authority. 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.
    (c) Manner and terms of public sale. (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.
    (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.



       Subpart 2568_Alaska Native Allotments For Certain Veterans

    Source: 65 FR 40961, June 30, 2000, unless otherwise noted.

                                 Purpose



Sec. 2568.10  What Alaska Native allotment benefits are available
to certain Alaska Native veterans?

    Eligible Alaska Native veterans may receive an allotment of one or 
two parcels of Federal land in Alaska totaling no more than 160 acres.

                          Regulatory Authority



Sec. 2568.20  What is the legal authority for these allotments?

    (a) The Alaska Native Claims Settlement Act, 43 U.S.C. 1601 et seq. 
(ANCSA), as amended.

[[Page 157]]

    (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, 43 U.S.C. 1629g, which amended ANCSA by adding 
section 41.
    (c) Section 301 of Public Law 106-559, the Indian Tribal Justice 
Technical and Legal Assistance Act of 2000, which amended section 41 of 
ANCSA.
    (d) 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).

[65 FR 40961, June 30, 2000, as amended at 66 FR 52547, Oct. 16, 2001]



Sec. 2568.21  Do other regulations directly apply to these
regulations?

    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.

                               Definitions



Sec. 2568.30  What terms do I need to know to understand these 
regulations?

    Alaska Native is defined in the Native Allotment Act of 1906 as 
amended by the Act of August 2, 1956, 70 Stat. 954.
    Allotment has the same meaning as in 43 CFR 2561.0-5(b).
    Conservation System Unit 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).
    Consistent and inconsistent mean compatible and incompatible, 
respectively, in accordance with the guidelines in these regulations in 
Secs. 2568.102 through 2568.106.
    Veteran has the same meaning as in 38 U.S.C. 101, paragraph 2.

                         Information Collection



Sec. 2568.40  Does BLM have the authority to ask me for the 
information required in these regulations?

    (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.
    (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.
    (c) Send comments regarding this burden estimate or any other aspect 
of this collection to the Information Collection Clearance Officer, 
Bureau of Land Management, 1849 C St. N.W., Mail Stop 401 LS, 
Washington, D.C. 20240.

                    Who Is Qualified for an Allotment



Sec. 2568.50  What qualifications do I need to be eligible for an allotment?

    To qualify for an allotment you must:
    (a) Have been eligible for an allotment under the Native Allotment 
Act as it was in effect before December 18, 1971; and
    (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
    (c) Be a veteran who served at least six months between January 1, 
1969, and December 31, 1971, or enlisted or was drafted after June 2, 
1971, but before December 3, 1971; and
    (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
    (e) Not have a Native allotment application pending on October 21, 
1998; and
    (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.

[65 FR 40961, June 30, 2000, as amended at 66 FR 52547, Oct. 16, 2001]

[[Page 158]]

                        Personal Representatives



Sec. 2568.60  May the personal representatives of eligible deceased
veterans apply on their behalf?

    Yes. The personal representative or special administrator, appointed 
in the appropriate Alaska State court proceeding, may apply for an 
allotment for the benefit of a deceased veteran's heirs if the deceased 
veteran served in South East Asia at any time during the period 
beginning August 5, 1964, and ending December 31, 1971, and during that 
period the deceased veteran:
    (a) Was killed in action,
    (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
    (c) Died while a prisoner of war.

[65 FR 40961, June 30, 2000, as amended at 66 FR 52547, Oct. 16, 2001]



Sec. 2568.61  What are the requirements for a personal representative?

    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.



Sec. 2568.62  Under what circumstances does BLM accept the appointment
of a personal representative?

    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.



Sec. 2568.63  Under what circumstances does BLM reject the appointment
of a personal representative?

    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.



Sec. 2568.64  Are there different requirements for giving an allotment
to the estate of a deceased veteran?

    No, the estate of the deceased veteran eligible under Sec. 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.

                        Applying for an Allotment



Sec. 2568.70  If I am qualified for an allotment, when can I apply?

    If you are qualified, you can apply between July 31, 2000 and 
January 31, 2002.



Sec. 2568.71  Where do I file my application?

    You must file your application in person or by mail with the BLM 
Alaska State Office in Anchorage, Alaska.



Sec. 2568.72  When does BLM consider my application to be filed too 
late?

    BLM will consider applications to be filed too late if they are:
    (a) Submitted in person after the deadline in section 2568.70, or
    (b) Postmarked after the deadline in section 2568.70.



Sec. 2568.73  Do I need to fill out a special application form?

    Yes. You must complete form no. AK-2561-10, ``Alaska Native Veteran 
Allotment Application.''



Sec. 2568.74  What else must I file with my application?

    You must also file:
    (a) A Certificate of Indian Blood (CIB), which is a Bureau of Indian 
Affairs form,
    (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,
    (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
    (d) A legal description of the land for which you are applying. If 
there is a

[[Page 159]]

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. You must also estimate the number of acres in each parcel.

[65 FR 40961, June 30, 2000, as amended at 71 FR 54202, Sept. 14, 2006]



Sec. 2568.75  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?

    Yes.
    (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.
    (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.



Sec. 2568.76  Do I need to pay any fees when I file my application?

    No. You do not need to pay a fee to file an application.



Sec. 2568.77  [Reserved]



Sec. 2568.78  Will my application segregate the land for which I
am applying from other applications or land actions?

    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).



Sec. 2568.79  Are there any rules about the number and size of parcels?

    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.



Sec. 2568.80  Does the parcel have to be surveyed before I can receive
title to it?

    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 must approve the survey if it is 
done by a private surveyor.



Sec. 2568.81  If BLM finds errors in my application, will BLM give
me a chance to correct them?

    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.



Sec. 2568.82  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?

    (a) BLM will not reject your application without giving you an 
opportunity for a hearing to establish the facts of your use.
    (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.
    (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:
    (1) BLM will issue a formal contest complaint telling you why it 
believes it should reject your application.
    (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

[[Page 160]]

over a hearing to establish the facts of your use and occupancy.
    (3) The ALJ will evaluate all the written evidence and oral 
testimony and issue a decision.
    (4) You can appeal this decision to the Interior Board of Land 
Appeals according to 43 CFR part 4.

                        Available Lands--General



Sec. 2568.90  If I qualify for an allotment, what land may BLM convey 
to me?

    You may receive title only to:
    (a) Land that:
    (1) Is currently owned by the Federal government,
    (2) Was vacant, unappropriated, and unreserved when you first began 
to use and occupy it,
    (3) Has not been continuously withdrawn since before your sixth 
birthday,
    (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
    (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.
    (b) Substitute land explained in 43 CFR 2568.110.



Sec. 2568.91  Is there land owned by the Federal government that 
BLM cannot convey to me even if I qualify?

    You cannot receive an allotment containing any of the following:
    (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.
    (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;
    (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 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;
    (d) Land designated as wilderness by statute;
    (e) Land acquired by the Federal government through gift, purchase, 
or exchange;
    (f) Land containing any development owned or controlled by a unit of 
government, or a person other than yourself;
    (g) Land withdrawn or reserved for national defense, other than the 
National Petroleum Reserve-Alaska;
    (h) National Forest land; or
    (i) Land selected or claimed, but not yet conveyed, under a public 
land law, including but not limited to the following:
    (1) Land within a recorded mining claim;
    (2) Home sites;
    (3) Trade and manufacturing sites;
    (4) Reindeer sites and headquarters sites;
    (5) Cemetery sites.



Sec. 2568.92  [Reserved]



Sec. 2568.93  Is there a limit to how much water frontage my allotment
can include?

    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.

[[Page 161]]



Sec. 2568.94  Can I receive an allotment of land that is valuable 
for minerals?

    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.



Sec. 2568.95  Will BLM try to reacquire land that has been conveyed
out of Federal ownership so it can convey that land to a Native
veteran?

    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.

            Available Lands--Conservation System Units (CSU)



Sec. 2568.100  What is a CSU?

    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.



Sec. 2568.101  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?

    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.



Sec. 2568.102  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?

    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.



Sec. 2568.103  By what process does the managing agency of a CSU 
decide if my allotment would be consistent with the CSU?

    (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.
    (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.
    (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.



Sec. 2568.104  How will a CSU manager determine if my allotment 
is consistent with the CSU?

    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.



Sec. 2568.105  In what situations could a CSU manager likely find 
an allotment to be consistent with the CSU?

    An allotment could generally be consistent with the purposes of the 
CSU if:
    (a) The allotment for which you qualify is located near land that 
BLM has conveyed to a Native corporation under ANCSA, or,
    (b) A Native corporation has selected the land under ANCSA and has 
said it would relinquish such selection, as

[[Page 162]]

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.



Sec. 2568.106  In what situations could a CSU manager generally find 
an allotment to be inconsistent with the purposes of a CSU?

    An allotment could generally be inconsistent in situations 
including, but not limited to, the following:
    (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.
    (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.
    (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.
    (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.
    (e) If it interferes with the implementation of the CSU management 
plan.

                         Alternative Allotments



Sec. 2568.110  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?

    Yes. If you qualify for land in one of the categories listed in 
section 2568.91 which BLM cannot convey, you may choose an alternative 
allotment from the following types of land within the same ANCSA Region 
as the land for which you originally qualified:
    (a) Land within an original withdrawal under section 11(a)(1) of 
ANCSA for selection by a Village Corporation which was:
    (1) Not selected,
    (2) Selected and later relinquished, or
    (3) Selected and later rejected by BLM;
    (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
    (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.)



Sec. 2568.111  What if BLM decides that I qualify for land that is 
in the category of Federal land that BLM cannot convey?

    BLM will notify you in writing that you are eligible to choose an 
alternative allotment from lands described in section 2568.110.



Sec. 2568.112  What do I do if BLM notifies me that I am eligible 
to choose an alternative allotment?

    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.



Sec. 2568.113  Do I have to prove that I used and occupied the land
I've chosen as an alternative allotment?

    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.



Sec. 2568.114  How do I apply for an alternative allotment if the CSU
manager determines my application is inconsistent with a CSU?

    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.

[[Page 163]]



Sec. 2568.115  When must I apply for an alternative allotment if the 
CSU manager determines my application is inconsistent with a CSU?

    Your application for an alternative allotment must be filed:
    (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,
    (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
    (c) Within three months of the date an appellate decision from the 
appropriate Federal official becomes final. This official will be 
either:
    (1) The Regional Director of the National Park Service (NPS),
    (2) The Regional Director of the U.S. Fish and Wildlife Service 
(USFWS), or
    (3) The BLM Alaska State Director

                                 Appeals



Sec. 2568.120  What can I do if I disagree with any of the decisions 
that are made about my allotment application?

    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.



Sec. 2568.121  If an agency determines my allotment is inconsistent
with the purposes of a CSU, what can I do if I disagree?

    (a) You may request reconsideration of a CSU manager's decision by 
sending a signed request to that manager.
    (b) The request for reconsideration must be submitted in person or 
correctly addressed and postmarked to the CSU manager no later than 90 
calendar days of when you received the decision.
    (c) The request for reconsideration must include:
    (1) The BLM case file number of the application and parcel, and
    (2) Your reason(s) for filing the reconsideration, and any new 
pertinent information.



Sec. 2568.122  What then does the CSU manager do with my request
for reconsideration?

    (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.
    (b) The reconsideration decision will provide information on how to 
appeal if you disagree with it.



Sec. 2568.123  Can I appeal the CSU Manager's reconsidered decision 
if I disagree with it?

    (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.
    (b) Your appeal must:
    (1) Be in writing,
    (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.
    (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.
    (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.
    (d) You may present oral testimony to the appropriate Federal 
official to clarify issues raised in the written record.
    (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

[[Page 164]]

in which case you would be notified of the extension in writing.
    (f) The decision of the appropriate Federal official is the final 
administrative decision of the Department of the Interior.



Group 2600_Disposition; Grants--Table of Contents





PART 2610_CAREY ACT GRANTS--Table of Contents



                 Subpart 2610_Carey Act Grants, General

Sec.
2610.0-2  Objectives.
2610.0-3  Authority.
2610.0-4  Responsibilities.
2610.0-5  Definitions.
2610.0-7  Background.
2610.0-8  Lands subject to application.

        Subpart 2611_Segregation Under the Carey Act: Procedures

2611.1  Applications.
2611.1-1  Applications for determination of suitability and availability 
          of lands.
2611.1-2  Determination of suitability and availability of lands.
2611.1-3  Application for grant contract.
2611.1-4  Approval of plan and contract.
2611.1-5  Priority of Carey Act applications.
2611.2  Period of segregation.
2611.3  Rights-of-way over other public lands.

                    Subpart 2612_Issuance of Patents

2612.1  Lists for patents.
2612.2  Publication of lists for patents.
2612.3  Issuance of patents.

             Subpart 2613_Preference Right Upon Restoration

2613.0-3  Authority.
2613.1  Allowance of filing of applications.
2613.2  Applications.
2613.3  Allowance of preference right.

    Authority: Sec. 4 of the Act of August 18, 1894 (28 Stat. 422), as 
amended (43 U.S.C. 641), known as the Carey Act.

    Source: 45 FR 34232, May 21, 1980, unless otherwise noted.



                 Subpart 2610_Carey Act Grants, General



Sec. 2610.0-2  Objectives.

    The objective of section 4 of the Act of August 18, 1894 (28 Stat. 
422), as amended (43 U.S.C. 641 et seq.), 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.



Sec. 2610.0-3  Authority.

    (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.
    (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.
    (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.
    (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.
    (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.
    (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.
    (g) The Act of February 16, 1911 (36 Stat. 913), extends the Carey 
Act to the

[[Page 165]]

former Fort Bridger Military Reservation in Wyoming.
    (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.
    (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.
    (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.



Sec. 2610.0-4  Responsibilities.

    (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.
    (b) The grant contact must be signed by the Secretary of the 
Interior, or an officer authorized by him, and approved by the 
President.



Sec. 2610.0-5  Definitions.

    As used in the regulations of this part:
    (a) Actual settler means a person who establishes a primary 
residence on the land.
    (b) Cultivation 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.
    (c) Desert lands 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 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.
    (d) Economic feasibility 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.
    (e) Grant contract 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.
    (f) Irrigation means the application of water to the land for the 
purpose of growing crops.
    (g) Ordinary agricultural crops 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.
    (h) Reclamation 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.
    (i) Segregation 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.
    (j) Smallest legal subdivision means a quarter quarter section (40 
acres).

[[Page 166]]



Sec. 2610.0-7  Background.

    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.



Sec. 2610.0-8  Lands subject to application.

    (a) The lands shall be unreclaimed desert lands capable of producing 
ordinary agricultural crops by irrigation.
    (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.
    (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 Secs. 2093.0-3 
through 2093.0-7 of this title.
    (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.



        Subpart 2611_Segregation Under the Carey Act: Procedures



Sec. 2611.1  Applications.



Sec. 2611.1-1  Applications for determination of suitability and 
availability of lands.

    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.



Sec. 2611.1-2  Determination of suitability and availability of lands.

    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.



Sec. 2611.1-3  Application for grant contract.

    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):
    (a) A plan of development that includes:
    (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.
    (2) Procedures for avoiding or mitigating adverse environmental 
impacts and for rehabilitation of the lands if all or part of the 
project fails.
    (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

[[Page 167]]

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.
    (4) Additional data concerning the specifics of the plan and its 
feasibility as required by the authorized officer.
    (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.



Sec. 2611.1-4  Approval of plan and contract.

    (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 plan. Before making this determination and approving the 
plan, the authorized officer may, in agreement with the State, modify 
the plan.
    (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 Federal 
Register. 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.
    (c) The contract is not final and binding until approved by the 
President.
    (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.



Sec. 2611.1-5  Priority of Carey Act applications.

    Properly filed applications under Sec. 2611.1-1 or Sec. 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.



Sec. 2611.2  Period of segregation.

    (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.
    (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.

[[Page 168]]



Sec. 2611.3  Rights-of-way over other public lands.

    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 et seq.), 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.



                    Subpart 2612_Issuance of Patents



Sec. 2612.1  Lists for patents.

    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 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 Federal Register.



Sec. 2612.2  Publication of lists for patents.

    (a) Notice of lists. 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.
    (b) Proof of publication. 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.



Sec. 2612.3  Issuance of patents.

    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.



             Subpart 2613_Preference Right Upon Restoration



Sec. 2613.0-3  Authority.

    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

[[Page 169]]

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.



Sec. 2613.1  Allowance of filing of applications.

    (a) Status of lands under State laws. 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.
    (b) No entries under State laws. 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 Federal Register.
    (c) Entries under State laws. 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.



Sec. 2613.2  Applications.

    (a) Applications for preference rights under the Act of February 14, 
1920, shall be filed within 90 days of the publication of the 
restoration order.
    (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.
    (c) Persons qualified. 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.
    (d) Persons not qualified. 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.



Sec. 2613.3  Allowance of preference right.

    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.



PART 2620_STATE GRANTS--Table of Contents



                    Subpart 2621_Indemnity Selections

Sec.
2621.0-2  Objectives and background.
2621.0-3  Authority.
2621.1  Applications for selection.
2621.2  Publication and protests.
2621.3  Certifications; mineral leases and permits.
2621.4  Application for selection of unsurveyed lands.

           Subpart 2622_Quantity and Special Grant Selections

2622.0-1  Purpose and scope.

[[Page 170]]

2622.0-8  Lands subject to selection.

 Subpart 2623_School Land Grants to Certain States Extended To Include 
                            Mineral Sections

2623.0-3  Authority.
2623.0-7  Cross reference.
2623.0-8  Lands subject to selection.
2623.1  Effective date of grant.
2623.2  Claims protected.
2623.3  States not permitted to dispose of lands except with reservation 
          of minerals.
2623.4  Grant of mineral school sections effective upon restoration of 
          land from reservation.

Subpart 2624 [Reserved]

                     Subpart 2625_Swamp-land Grants

2625.0-3  Authority.
2625.1  Selection and patenting of swamp lands.
2625.2  Applications in conflict with swamp-land claims.

                           Subpart 2627_Alaska

2627.1  Grant for community purposes.
2627.2  Grant for University of Alaska.
2627.3  Grant for general purposes.
2627.4  All grants.

    Authority: R.S. 2478; 43 U.S.C. 1201.



                    Subpart 2621_Indemnity Selections



Sec. 2621.0-2  Objectives and background.

    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 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.

[35 FR 9607, June 13, 1970]



Sec. 2621.0-3  Authority.

    (a) Sections 2275 and 2276 of the Revised Statutes, as amended (43 
U.S.C. 851, 852), referred to in Secs. 2621.0-3 to 2621.4 of this 
subpart as the law, 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 Secs. 2621.0-3 to 2621.4 as the mineral 
estate) 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.
    (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:
    (1) No lands mineral in character may be selected except to the 
extent that the selection is made as indemnity for mineral lands.
    (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.
    (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: 
Provided, 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

[[Page 171]]

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.
    (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.

[35 FR 9607, June 13, 1970]



Sec. 2621.1  Applications for selection.

    (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.
    (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 Sec. 1821.2 of this chapter.
    (c) Applications must be accompanied by the following information:
    (1) A reference to the Act of August 27, 1958 (72 Stat. 928), as 
amended.
    (2) A certificate by the selecting agent showing:
    (i) All facts relative to medicinal or hot springs or other waters 
upon the selected lands.

(This provision does not apply insofar as the application involves the 
selection of the mineral estate.)
    (ii) That indemnity has not been previously granted for the assigned 
base lands and that no other selection is pending for such assigned 
base.
    (3) A statement describing the mineral or nonmineral character of 
each smallest legal subdivision of the base and selected lands or 
mineral estate.
    (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.
    (d) In addition to the requirements of paragraph (c) of this 
section, applications for selection must conform with the following 
rules:
    (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.
    (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.
    (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.
    (4) The cause of loss of the base lands to the State must be 
specifically stated for each separate base.

(Secs. 2275 and 2276 of the Revised Statutes, as amended (43 U.S.C. 851, 
852))

[35 FR 9607, June 13, 1970. Redesignated and amended at 46 FR 24135, 
Apr. 29, 1981]



Sec. 2621.2  Publication and protests.

    (a) The State will be required to publish once a week for five 
consecutive weeks in accordance with Sec. 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

[[Page 172]]

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.
    (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.

[35 FR 9607, June 13, 1970. Redesignated at 46 FR 24135, Apr. 29, 1981]



Sec. 2621.3  Certifications; mineral leases and permits.

    (a) Certifications will be issued for all selections approved under 
the law by the authorized officer of the Bureau of Land Management.
    (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.

[35 FR 9607, June 13, 1970. Redesignated at 46 FR 24135, Apr. 29, 1981]



Sec. 2621.4  Application for selection of unsurveyed lands.

    (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 remaining public lands means the public 
lands from which the applied-for lands would be separated by survey.
    (b) In addition to the provisions of this section, applications for 
selection of unsurveyed lands are subject to the provisions of subpart 
2400.

[35 FR 9607, June 13, 1970. Redesignated at 46 FR 24135, Apr. 29, 1981]



           Subpart 2622_Quantity and Special Grant Selections



Sec. 2622.0-1  Purpose and scope.

    (a) Sections 2622.0-1 to 2622.0-8 apply generally to quantity and 
special grants made to States other than Alaska.
    (b) The regulations in Secs. 2621.2 to 2621.4 apply to quantity and 
special grants with the following exceptions and modifications:
    (1) Sections 2621.4(b) and 2621.2(c)(4); and Secs. 2621.2(d) (3) and 
(4) and all references to base lands and to mineral estate do not apply.
    (2) Section 2621.2(c)(1) is modified to require reference to the 
appropriate granting act; Sec. 2621.2(c)(3) is modified to require a 
statement testifying to the nonmineral character of each smallest legal 
subdivision of the selected land; Sec. 2621.2(d)(2) is modified to 
permit as much as 6,400 acres in a single selection; and Sec. 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.

[35 FR 9608, June 13, 1970]



Sec. 2622.0-8  Lands subject to selection.

    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.

[35 FR 9608, June 13, 1970]

[[Page 173]]



 Subpart 2623_School Land Grants to Certain States Extended To Include 
                            Mineral Sections

    Source: 35 FR 9609, June 18, 1970, unless otherwise noted.



Sec. 2623.0-3  Authority.

    (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:

    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.

    (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).
    (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 
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.
    (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.
    (e) Subsection (a) of section 1 of the Act provides:

    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.



Sec. 2623.0-7  Cross reference.

    For national forests and national parks, see Sec. 1821.7-2 of this 
chapter. For naval petroleum reserves, see Sec. 3102.2-2 of this 
chapter.



Sec. 2623.0-8  Lands subject to selection.

    (a) Lands included in grant. (1) Section 2 of the Act of January 25, 
1927 (44 Stat. 1027; 43 U.S.C. 871) reads as follows:

    Sec. 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.

    (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

[[Page 174]]

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.
    (b) Lands excluded from grant. (1) Subsection (c) of section 1 of 
the Act of January 25, 1927, provides:

    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.

    (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. (Sec. 2623.4)
    (3) The words existing reservation 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 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.



Sec. 2623.1  Effective date of grant.

    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.



Sec. 2623.2  Claims protected.

    (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.

[[Page 175]]



Sec. 2623.3  States not permitted to dispose of lands except with
reservation of minerals.

    (a) Subsection (b) of section 1 of the Act of January 25, 1927, 
provides:

    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: Provided, 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.

    (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.



Sec. 2623.4  Grant of mineral school sections effective upon 
restoration of land from reservation.

    (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.
    (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.
    (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.

Subpart 2624 [Reserved]



                     Subpart 2625_Swamp-land Grants

    Source: 35 FR 9610, June 13, 1970, unless otherwise noted.



Sec. 2625.0-3  Authority.

    (a) Circular dated Mar. 17, 1896, containing the swamp-land laws and 
regulations, states:

    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:
    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.
    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.
    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.
    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.
    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.
    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.
    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

[[Page 176]]

States surveyor general, at the expense of the State.

    (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).
    (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.
    (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 4, 1877 (4 Copp's L.L. 149), and September 19, 
1879.
    (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).



Sec. 2625.1  Selection and patenting of swamp lands.

    (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.
    (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.
    (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.
    (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.



Sec. 2625.2  Applications in conflict with swamp-land claims.

    Applications adverse to the State, in conflict with swamp-land 
claims, will be governed by the following rules:
    (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.
    (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.
    (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

[[Page 177]]

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.
    (d) Where hearings are ordered in any such cases, the Rules of 
Practice governing contests will be applied, except as herein otherwise 
provided.



                           Subpart 2627_Alaska

    Source: 35 FR 9611, June 13, 1970, unless otherwise noted.



Sec. 2627.1  Grant for community purposes.

    (a) Authority. 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 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.
    (b) Applicable regulations. Unless otherwise indicated therein, the 
regulations in Sec. 2627.3 (a) to (d) apply to the grant and selection 
of lands for community purposes. In addition to the requirements of 
Sec. 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.
    (c) Approval of selections outside of national forests. 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.



Sec. 2627.2  Grant for University of Alaska.

    (a) Statutory authority. The Act of January 21, 1929 (45 Stat. 
1091), as supplemented July 7, 1958 (72 Stat. 339, 343; 43 U.S.C. 852 
note), 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.
    (b) Applications for selection. (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.
    (2) Notice of selection and publication is required as provided by 
Sec. 2627.5 (b) and (c).
    (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.
    (4) The selections in any one list must not exceed 6,400 acres.
    (5) Each list must be accompanied by a certification of the 
selecting agent stating that the acreage selected together with the 
cumulative acreage

[[Page 178]]

total of all prior sales for lists pending and finally approved for 
clear-listing or patenting does not exceed 100,000 acres.
    (c) Statement with application. 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.
    (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.
    (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 Sec. 2094.2 of this chapter.)
    (3) All facts relative to medicinal or hot springs or other waters 
upon the lands must be stated.



Sec. 2627.3  Grant for general purposes.

    (a) Statutory authority. (1) The Act of July 7, 1958 (72 Stat. 339-
343), referred to in paragraphs (a) to (d) of this section as the act, 
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.
    (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.
    (b) Lands subject to selection; patents; minerals. (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 et seq.), as amended, or under the Alaska Coal 
Leasing Act of 1914 (38 Stat. 741; 30 U.S.C. 432 et seq.), as amended, 
referred to in this section as the mineral leasing acts, shall have the 
effect of withdrawing the lands subject thereto from selection by the 
State.
    (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 
Sec. 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.
    (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.
    (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

[[Page 179]]

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.
    (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.
    (c) Applications for selection. (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 must contain the following 
information:
    (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).
    (ii) A certificate by the selecting agent showing:
    (a) That the selection is made under and pursuant to the laws of the 
State.
    (b) The acreage selected and the cumulative acreage of all prior 
selection lists pending and finally approved for clear-listing or 
patenting.
    (c) His official title and his authority to make the selection on 
behalf of the State.
    (d) 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.
    (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. (Sec. 2094.2 of this chapter.)
    (f) All the facts relative to medicinal or hot springs or other 
waters upon the selected lands.
    (iii) If the selected lands are surveyed, the legal description of 
the lands in accordance with official plats of survey.
    (iv) If the selected lands are unsurveyed and are described by 
approved protraction diagrams of the rectangular system of surveys, such 
description is required.
    (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.
    (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.
    (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.
    (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.
    (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.
    (d) Effect of approval of selections. 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,

[[Page 180]]

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.



Sec. 2627.4  All grants.

    (a) State preference right of selection: waivers. (1) The Act of 
July 7, 1958 (see Sec. 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.
    (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.
    (b) Segregative effect of applications. 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 Sec. 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.
    (c) Publications and protests. (1) The State will be required to 
publish once a week for five consecutive weeks in accordance with 
Sec. 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.
    (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.



PART 2630_RAILROAD GRANTS--Table of Contents



Subpart 2631_Patents for Lands Sold by Railroad Carriers (Transportation 
                              Act of 1940)

Sec.
2631.0-3  Authority.
2631.0-8  Lands for which applications may be made.
2631.1  Applications.
2631.2  Publication of notice.
2631.3  Surveying and conveyance fees.
2631.4  Patents.



Subpart 2631_Patents for Lands Sold by Railroad Carriers (Transportation 
                              Act of 1940)

    Authority: R.S. 2478; 43 U.S.C. 1201.

    Source: 35 FR 9613, June 13, 1970, unless otherwise noted.



Sec. 2631.0-3  Authority.

    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.

    Note: 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.

[[Page 181]]



Sec. 2631.0-8  Lands for which applications may be made.

    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 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.



Sec. 2631.1  Applications.

    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.



Sec. 2631.2  Publication of notice.

    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

[[Page 182]]

such publication in due course. Notice need not be published, in case of 
amendment of a pending application, where publication has already been 
had.



Sec. 2631.3  Surveying and conveyance fees.

    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 et seq.; also subpart 1822 of this chapter.)



Sec. 2631.4  Patents.

    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.



PART 2640_FAA AIRPORT GRANTS--Table of Contents



  Subpart 2640_Airport and Airway Improvement Act of September 3, 1982

Sec.
2640.0-1  Purpose.
2640.0-3  Authority.
2640.0-5  Definitions.
2640.0-7  Cross reference.

                         Subpart 2641_Procedures

2641.1  Request by Administrator for conveyance of property interest.
2641.2  Action on request.
2641.3  Publication and payment.
2641.4  Approval of conveyance.
2641.5  Reversion.

    Authority: Sec. 516, Airport and Airway Improvement Act of 1982 (49 
U.S.C. 2215).

    Source: 51 FR 26894, July 28, 1986, unless otherwise noted.



  Subpart 2640_Airport and Airway Improvement Act of September 3, 1982



Sec. 2640.0-1  Purpose.

    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.



Sec. 2640.0-3  Authority.

    Section 516 of the Airport and Airway Improvement Act of September 
3, 1982 (49 U.S.C. 2215).



Sec. 2640.0-5  Definitions.

    As used in this subpart, the term:
    (a) Act means section 516 of the Airport and Airway Improvement Act 
of September 3, 1982 (49 U.S.C. 2215).
    (b) Secretary means the Secretary of the Interior.
    (c) Authorized officer means any employee of the Bureau of Land 
Management who has been delegated the authority to perform the duties 
described in this subpart.
    (d) Administrator means the person authorized by the Secretary of 
Transportation to administer the Act.
    (e) Applicant means any public agency as defined in Sec. 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.
    (f) Property interest means the title to or any other interest in 
lands or any easement through or other interest in air space.
    (g) Conveyance document means a patent, deed or similar instrument 
which transfers title to lands or interests in lands.



Sec. 2640.0-7  Cross reference.

    The regulations of the Federal Aviation Administration under the Act 
are found in 14 CFR part 153.



                         Subpart 2641_Procedures



Sec. 2641.1  Request by Administrator for conveyance of property interest.

    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

[[Page 183]]

lands or interests in lands in duplicate, and shall contain the 
following:
    (a) A copy of the application filed by the requesting public agency 
with the Administrator.
    (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.



Sec. 2641.2  Action on request.

    (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 disclosed as a result of 
publication or otherwise.
    (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.
    (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.
    (d) Each applicant also shall pay the cost of publication of a 
notice in the Federal Register and in a newspaper of general circulation 
in the area in which the lands are located.



Sec. 2641.3  Publication and payment.

    (a) Prior to issuance of a conveyance document, the authorized 
officer shall publish a notice of realty action in the Federal Register 
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 Federal 
Register. Comments shall be sent to the Bureau of Land Management office 
issuing the notice.
    (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.
    (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.
    (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

[[Page 184]]

payments required, the authorized officer shall so advise the applicant 
and return the excess payment.



Sec. 2641.4  Approval of conveyance.

    (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.
    (b) Upon receipt of the payment required by Sec. 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.



Sec. 2641.5  Reversion.

    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 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.



PART 2650_ALASKA NATIVE SELECTIONS--Table of Contents



            Subpart 2650_Alaska Native Selections: Generally

Sec.
2650.0-1  Purpose.
2650.0-2  Objectives.
2650.0-3  Authority.
2650.0-5  Definitions.
2650.0-7  References.
2650.0-8  Waiver.
2650.1  Provisions for interim administration.
2650.2  Application procedures for land selections.
2650.3  Lawful entries, lawful settlements, and mining claims.
2650.3-1  Lawful entries and lawful settlements.
2650.3-2  Mining claims.
2650.4  Conveyance reservations.
2650.4-1  Existing rights and contracts.
2650.4-2  Succession of interest.
2650.4-3  Administration.
2650.4-4  Revenues. [Reserved]
2650.4-5  National forest lands.
2650.4-6  National wildlife refuge system lands.
2650.4-7  Public easements.
2650.5  Survey requirements.
2650.5-1  General.
2650.5-2  Rule of approximation.
2650.5-3  Regional surveys.
2650.5-4  Village surveys.
2650.5-5  Cemetery sites and historical places.
2650.5-6  Adjustment to plat of survey.
2650.6  Selection limitations.
2650.7  Publication.
2650.8  Appeals.

                     Subpart 2651_Village Selections

2651.0-3  Authority.
2651.1  Entitlement.
2651.2  Eligibility requirements.
2651.3  Selection period.
2651.4  Selection limitations.
2651.5  Conveyance reservations.
2651.6  Airport and air navigation facilities.

                    Subpart 2652_Regional Selections

2652.0-3  Authority.
2652.1  Entitlement.
2652.2  Selection period.
2652.3  Selection limitations.
2652.4  Conveyance reservations.

                  Subpart 2653_Miscellaneous Selections

2653.0-3  Authority.
2653.0-5  Definitions.
2653.1  Conveyance limitations.
2653.2  Application procedures.
2653.3  Lands available for selection.
2653.4  Termination of selection period.
2653.5  Cemetery sites and historical places.
2653.6  Native groups.
2653.7  Sitka-Kenai-Juneau-Kodiak selections.
2653.8  Primary place of residence.
2653.8-1  Acreage to be conveyed.
2653.8-2  Primary place of residence criteria.
2653.8-3  Appeals.
2653.9  Regional selections.
2653.10  Excess selections.
2653.11  Conveyance reservations.

[[Page 185]]

                      Subpart 2654_Native Reserves

2654.0-3  Authority.
2654.0-5  Definitions.
2654.1  Exercise of option.
2654.2  Application procedures.
2654.3  Conveyances.

                   Subpart 2655_Federal Installations

2655.0-3  Authority.
2655.0-5  Definitions.
2655.1  Lands subject to determination.
2655.2  Criteria for determinations.
2655.3  Determination procedures.
2655.4  Adverse decisions.

    Authority: Sec. 25, Alaska Native Claims Settlement Act of December 
18, 1971; Administrative Procedure Act (5 U.S.C. 551 et seq.), unless 
otherwise noted.

    Source: 38 FR 14218, May 30, 1973, unless otherwise noted.



            Subpart 2650_Alaska Native Selections: Generally



Sec. 2650.0-1  Purpose.

    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.



Sec. 2650.0-2  Objectives.

    The program of the Secretary is to implement such provisions in 
keeping with the congressional declaration of 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.



Sec. 2650.0-3  Authority.

    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 Federal Register, pursuant to the Administrative Procedure Act (5 
U.S.C. 551, et seq.), such regulations as may be necessary to carry out 
the purposes of the act.



Sec. 2650.0-5  Definitions.

    (a) Act means the Alaska Native Claims Settlement Act of December 
18, 1971 (43 U.S.C. 1601) and any amendments thereto.
    (b) Secretary means the Secretary of the Interior or his authorized 
delegate.
    (c) Native means a Native as defined in section 3(b) of the Act.
    (d) Native village means any tribe, band, clan, group, village, 
community, or association in Alaska, as defined in section 3(c) of the 
Act.
    (e) Village corporation means a profit or nonprofit Alaska Native 
village corporation which is eligible under Sec. 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.
    (f) Regional corporation 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.
    (g) Public lands means all Federal lands and interests in lands 
located in Alaska (including the beds of all non-navigable bodies of 
water), except:
    (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,
    (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 Sec. 2651.4(a)(1) of this chapter.
    (h) Interim conveyance 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.

[[Page 186]]

    (i) Patent 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.
    (j) Conveyance 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.
    (k) National Wildlife Refuge System 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).
    (l) Protraction diagram 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 diagrams which have 
been authenticated by the Bureau of Land Management.
    (m) Date of filing 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.
    (n) LUPC means the Joint Federal-State Land Use Planning Commission 
for Alaska.
    (o) Major waterway 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) Present existing use 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.
    (q) Public easement 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.
    (r) Publicly owned lands 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, et seq.
    (s) Director means the Director, Bureau of Land Management.
    (t) Isolated tract 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.
    (u) State means the State of Alaska.
    (v) Native corporation means any Regional Corporation, any Village 
Corporation, Urban Corporation and any Native Group.

[38 FR 14218, May 30, 1973, as amended at 43 FR 55328, Nov. 27, 1978; 50 
FR 15547, Apr. 19, 1985]



Sec. 2650.0-7  References.

    (a) Native enrollment procedures are contained in 25 CFR part 43h. 
\1\
---------------------------------------------------------------------------

    \1\ At 47 FR 13327, Mar. 30, 1982, part 43h of Title 25 was 
redesignated as part 69.
---------------------------------------------------------------------------

    (b) Withdrawal procedures are contained in part 2300 of this 
chapter.

[[Page 187]]

    (c) Application procedures are contained in subpart 1821 of this 
chapter.
    (d) Appeals procedures are contained in 43 CFR part 4, subpart E.
    (e) Mineral patent application procedures are contained in part 3860 
of this chapter.

(43 U.S.C. 1601-1624)

[38 FR 14218, May 30, 1973, as amended at 40 FR 33174, Aug. 6, 1975]



Sec. 2650.0-8  Waiver.

    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.



Sec. 2650.1  Provisions for interim administration.

    (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.
    (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.
    (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.
    (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.
    (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.



Sec. 2650.2  Application procedures for land selections.

    (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.
    (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.
    (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.
    (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.
    (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

[[Page 188]]

office of the Bureau of Land Management.
    (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.
    (2) If the lands applied for are unsurveyed, they shall be described 
by protraction diagrams.
    (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.
    (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.
    (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.
    (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.



Sec. 2650.3  Lawful entries, lawful settlements, and mining claims.



Sec. 2650.3-1  Lawful entries and lawful settlements.

    (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.
    (b) The right of use and occupancy of persons who initiated lawful 
settlement or entry of land, prior to August 31, 1971, is protected: 
Provided, That:
    (1) Occupancy has been or is being maintained in accordance with the 
appropriate public land law, and
    (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.
    (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.



Sec. 2650.3-2  Mining claims.

    (a) Possessory rights. 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.
    (b) Patent requirements met. 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.
    (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

[[Page 189]]

an acceptable mineral patent application, provided all applicable 
requirements under the general mining laws have been met.
    (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.
    (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.
    (c) Patent requirements not met. 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.

(43 U.S.C. 1601-1624)

[38 FR 14218, May 30, 1973, as amended at 40 FR 33174, Aug. 6, 1975]



Sec. 2650.4  Conveyance reservations.



Sec. 2650.4-1  Existing rights and contracts.

    Any conveyance issued for surface and subsurface rights under this 
act will be subject to any lease, contract, 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.



Sec. 2650.4-2  Succession of interest.

    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.



Sec. 2650.4-3  Administration.

    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.



Sec. 2650.4-4  Revenues. [Reserved]



Sec. 2650.4-5  National forest lands.

    Every conveyance which includes lands within the boundaries of a 
national forest shall, as to such lands, contain reservations that:
    (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,
    (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.



Sec. 2650.4-6  National wildlife refuge system lands.

    (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

[[Page 190]]

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.
    (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.



Sec. 2650.4-7  Public easements.

    (a) General requirements. (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.
    (2) In identifying appropriate public easements assessment shall be 
made in writing of the use and purpose to be accommodated.
    (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.
    (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.
    (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.
    (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.
    (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.
    (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.
    (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.
    (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.

[[Page 191]]

    (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.
    (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).
    (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 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.
    (b) Transportation easements. (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:
    (i) Be reserved across Native lands only if there is no reasonable 
alternative route of transportation across publicly owned lands;
    (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);
    (iii) Be subject only to specific uses and sizes which shall be 
placed in the appropriate interim conveyance and patent documents;
    (iv) Follow existing routes of travel unless a variance is otherwise 
justified;
    (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;
    (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;
    (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;
    (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;
    (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;
    (x) Not be reserved on the beds of major waterways except where use 
of

[[Page 192]]

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.
    (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.
    (xii) Not be reserved simply to reflect patterns of Native use on 
Native lands;
    (xiii) Not be reserved for the purpose of protecting Native 
stockholders from their respective corporations;
    (xiv) Not be reserved on the basis of subsistence use of the lands 
of one village by residents of another village.
    (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.
    (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.);
    (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;
    (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.
    (iv) The width of a proposed railroad easement shall be 100 feet on 
either side of the center line of any such railroad.
    (3) Site easements. 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:
    (i) Be subject to the provisions of paragraphs (b)(1) (ii), (iii), 
(vi), (xii), (xiii), and (xiv) of this section.
    (ii) Be no larger than one acre in size and located on existing 
sites unless a variance is in either instance, otherwise justified;
    (iii) Be reserved on the marine coastline only at periodic points 
along the

[[Page 193]]

coast where they are determined to be reasonably necessary to facilitate 
transportation on coastal waters or transportation between coastal 
waters and publicly owned uplands;
    (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;
    (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.
    (c) Miscellaneous easements. 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 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:
    (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;
    (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;
    (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.
    (d) Conveyance provisions. (1) Public easement provisions shall be 
placed in interim conveyances and patents.
    (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.
    (3) The easements shall be identified on appropriate maps which 
shall be part of the pertinent interim conveyance and patent.
    (4) All public easement shall be reserved to the United States and 
subject, as appropriate, to further Federal, State, or municipal 
corporation regulation.
    (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.

[43 FR 55329, Nov. 27, 1978]



Sec. 2650.5  Survey requirements.



Sec. 2650.5-1  General.

    (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.
    (b) The following procedures shall be used to determine what acreage 
is not to be charged against Native entitlement:
    (1) For any approved plat of survey where meanderable water bodies 
were not segregated from the survey but

[[Page 194]]

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 Manual of 
Surveying Instructions, 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.
    (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 Manual 
of Surveying Instructions, 1973, as modified by this part, as the basis 
for determining acreage chargeability.
    (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.
    (4) Any determinations of meanders which may be made pursuant to 
this paragraph shall not require monumentation on the ground unless 
specifically required by law or for good cause in the public interest.

[38 FR 14218, May 30, 1973, as amended at 50 FR 15547, Apr. 19, 1985]



Sec. 2650.5-2  Rule of approximation.

    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).



Sec. 2650.5-3  Regional surveys.

    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.



Sec. 2650.5-4  Village surveys.

    (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.
    (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.
    (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.
    (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.

[[Page 195]]



Sec. 2650.5-5  Cemetery sites and historical places.

    Only those cemetery sites and historical places to be conveyed under 
section 14(h)(1) of the Act shall be surveyed.



Sec. 2650.5-6  Adjustment to plat of survey.

    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.



Sec. 2650.6  Selection limitations.

    (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 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.
    (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.
    (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.



Sec. 2650.7  Publication.

    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:
    (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.
    (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.
    (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.
    (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 Federal Register 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

[[Page 196]]

may appeal the decision to the Board of Land Appeals. The decision or 
notice of decision shall also state that:
    (1) Any party receiving actual notice of the decision shall have 30 
days from the receipt of actual notice to file an appeal; and,
    (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 Federal Register 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.

[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]



Sec. 2650.8  Appeals.

    Any decision relating to a land selection shall become final unless 
appealed to the Board of Land Appeals by a person entitled to appeal, 
under, and in accordance with, subpart E of part 4, 43 CFR.

(43 U.S.C. 1601-1624)

[40 FR 33175, Aug. 6, 1975]



                     Subpart 2651_Village Selections



Sec. 2651.0-3  Authority.

    Sections 12 and 16(b) of the Act provide for the selection of lands 
by eligible village corporations.



Sec. 2651.1  Entitlement.

    (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.
    (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.



Sec. 2651.2  Eligibility requirements.

    (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.
    (1) Review of listed native villages. 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.
    (2) Findings of fact and notice of proposed decision. 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 Federal Register 
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 Federal 
Register. If no valid protest is received within the 30-day period, such 
proposed decision shall become final and shall be published in the 
Federal Register. 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

[[Page 197]]

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.
    (3) Protest. Within 30 days from the date of publication of the 
proposed decision in the Federal Register, 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.
    (4) Action on protest. 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 
Federal Register and in one or more newspapers of general circulation in 
the State of Alaska and a copy of the decision and findings of 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 Federal Register in accordance with the regulations 
governing appeals set out in 43 CFR part 4, subpart E.
    (5) Action on appeals. 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.
    (6) Applications by unlisted villages for determination of 
eligibility. 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.
    (7) Segregation of land. 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.
    (8) Action on application for eligibility. 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 Federal 
Register 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

[[Page 198]]

the Federal Register 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.
    (9) Protest to eligibility determination. 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 Federal Register. 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 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.
    (10) Action on protest appeal. 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.
    (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:
    (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.
    (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: Provided, 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.
    (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:
    (i) Population over 600.
    (ii) A centralized water system and sewage system that serves a 
majority of the residents.
    (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.
    (iv) Organized police and fire protection.
    (v) Resident medical and dental services, other than those provided 
by Indian Health Service.
    (vi) Improved streets and sidewalks maintained on a year-round 
basis.
    (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.

(43 U.S.C. 1601-1624)

[38 FR 14218, May 30, 1973, as amended at 40 FR 33175, Aug. 6, 1975; 49 
FR 6373, Feb. 21, 1984]

[[Page 199]]



Sec. 2651.3  Selection period.

    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.



Sec. 2651.4  Selection limitations.

    (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:
    (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
    (2) 69,120 acres of land from the National Wildlife Refuge System; 
and
    (3) 69,120 acres of land from the National Forest System.
    (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 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.
    (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.
    (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.
    (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.
    (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.
    (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.
    (h) Village or regional corporations may, but are not required to, 
select

[[Page 200]]

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.

[38 FR 14218, May 30, 1973, as amended at 39 FR 34543, Sept. 26, 1974; 
50 FR 15547, Apr. 19, 1985]



Sec. 2651.5  Conveyance reservations.

    In addition to the conveyance reservations in Sec. 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.



Sec. 2651.6  Airport and air navigation facilities.

    (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 program will be deemed a 
Federal installation 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 lands 
available for selection under the provisions of these regulations.
    (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.



                    Subpart 2652_Regional Selections



Sec. 2652.0-3  Authority.

    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.



Sec. 2652.1  Entitlement.

    (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.
    (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.
    (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.
    (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.



Sec. 2652.2  Selection period.

    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.



Sec. 2652.3  Selection limitations.

    (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.

[[Page 201]]

    (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.
    (c) Whenever a regional selection is made in any township, the 
regional corporation shall select all available lands in that township: 
Provided, That such selection would not exceed the entitlement of that 
regional corporation.
    (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.
    (e) Regional corporations are not required to select lands within 
unpatented mining claims or millsites, as provided in Sec. 2651.4(e) of 
this chapter.
    (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.



Sec. 2652.4  Conveyance reservations.

    In addition to the conveyance reservations in Sec. 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.



                  Subpart 2653_Miscellaneous Selections



Sec. 2653.0-3  Authority.

    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:
    (a) Title to existing cemetery sites and historical places to the 
regional corporations for the regions in which the lands are located;
    (b) Title to the surface estate to any Native group that qualifies 
pursuant to this subpart 2653;
    (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;
    (d) Title to the surface estate of land to a Native as a primary 
place of residence.
    (e) Title to the regional corporations for lands selected, if any 
remain, pursuant to section 14(h)(8) of the Act; and
    (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.

[38 FR 14218, May 30, 1973, as amended at 41 FR 14737, Apr. 7, 1976]



Sec. 2653.0-5  Definitions.

    (a) Cemetery site means a burial ground consisting of the gravesites 
of one or more Natives.
    (b) Historical place 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.

[[Page 202]]

    (c) Native group 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.
    (d) Primary place of residence 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.

[38 FR 14218, May 30, 1973, as amended at 41 FR 14737, Apr. 7, 1976]



Sec. 2653.1  Conveyance limitations.

    (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:
    (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 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;
    (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;
    (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 pending before the Department. 
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 approved under 
section 14(h)(6) of the Act and shall be charged against the acreage.
    (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.
    (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.

[38 FR 14218, May 30, 1973, as amended at 41 FR 14737, Apr. 7, 1976]



Sec. 2653.2  Application procedures.

    (a) All applications must be filed in accordance with the procedures 
in Sec. 2650.2(a) of this chapter.
    (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.
    (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 Sec. 2650.2(a), (c), (d), (e), and 
(f) of this chapter.
    (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

[[Page 203]]

section 12 or 16 of the Act. The segregative effect of such an 
application will terminate if the application is rejected.



Sec. 2653.3  Lands available for selection.

    (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: Provided, 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.
    (b) After December 18, 1975, selection of the lands allocated 
pursuant to Sec. 2653.1(b), shall be made from any lands previously 
withdrawn under sections 11 or 16 of the Act which are not otherwise 
appropriated.
    (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.

[41 FR 14737, Apr. 7, 1976; 41 FR 17909, Apr. 29, 1976]



Sec. 2653.4  Termination of selection period.

    Except as provided in Sec. 2653.10, applications for selections 
under this subpart will be rejected after all allocated lands, as 
provided in Sec. 2653.1, have been exhausted, or if the application is 
received after the following dates, whichever occurs first:
    (a) As to primary place of residence--December 18, 1973.
    (b) As to all recipients described in sections 14(h) (1), (2), and 
(3) of the Act--December 31, 1976.
    (c) As to all recipients under section 14(h)(8) of the Act and 
Sec. 2653.1(b)--September 18, 1978.

[41 FR 14737, Apr. 7, 1976, as amended at 41 FR 44041, Oct. 6, 1976; 43 
FR 11822, Mar. 22, 1978]



Sec. 2653.5  Cemetery sites and historical places.

    (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: Provided, That the Secretary 
determines that the criteria in these regulations are met: And provided 
further, 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 Sec. 2653.11.
    (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.
    (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 
Sec. 2650.4-6 as though they were conveyances to a village corporation.
    (d) For purposes of evaluating and determining the eligibility of 
properties

[[Page 204]]

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:
    (1) That are associated with events that have made a significant 
contribution to the history of Alaskan Indians, Eskimos or Aleuts, or
    (2) That are associated with the lives of persons significant in the 
past of Alaskan Indians, Eskimos or Aleuts, or
    (3) That possess outstanding and demonstrably enduring symbolic 
value in the traditions and cultural beliefs and practices of Alaskan 
Indians, Eskimos or Aleuts, or
    (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
    (5) That have yielded, or are demonstrably likely to yield 
information important in prehistory or history.
    (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, 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:
    (1) A religious property deriving primary significance from 
architectural or artistic distinction or historical importance;
    (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;
    (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;
    (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;
    (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;
    (6) A property primarily commemorative in intent if design, age, 
tradition, or symbolic value has invested it with its own historical 
significance; or
    (7) A property achieving significance within the past 50 years if it 
is of exceptional importance.
    (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 Sec. 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 Sec. 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.
    (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.
    (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

[[Page 205]]

any protest of the application must be filed shall be published once in 
the Federal Register 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.
    (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.
    (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.
    (1) Cemetery sites. 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.
    (2) Historical places. 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.
    (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 
Sec. 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.
    (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 Sec. 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.
    (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

[[Page 206]]

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.

[41 FR 14738, Apr. 7, 1976; 41 FR 17909, Apr. 29, 1976, as amended at 41 
FR 49487, Nov. 9, 1976]



Sec. 2653.6  Native groups.

    (a) Eligibility. (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 Sec. 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.
    (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 Sec. 2653.2(b).
    (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 
Federal Register 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.
    (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.
    (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.
    (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

[[Page 207]]

Management, the Native group, its regional corporation and any party of 
record.
    (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.
    (b) Selections. (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 Sec. 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 Sec. 2650.4-6 of this chapter as though 
they were conveyances to a village corporation.
    (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 
Sec. 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).
    (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.
    (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.
    (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.
    (6) Where any conflict in land selection occurs between any eligible 
Native

[[Page 208]]

groups, the Bureau of Land Management shall request the appropriate 
regional corporation to recommend the manner in which such conflict 
should be resolved.
    (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 Sec. 2650.7 of this part.
    (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.

[41 FR 14739, Apr. 7, 1976, as amended at 41 FR 49487, Nov. 9, 1976]



Sec. 2653.7  Sitka-Kenai-Juneau-Kodiak selections.

    (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.
    (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 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.



Sec. 2653.8  Primary place of residence.

    (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.
    (b) Applications for a primary place of residence must be filed not 
later than December 18, 1973.



Sec. 2653.8-1  Acreage to be conveyed.

    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.



Sec. 2653.8-2  Primary place of residence criteria.

    (a) Periods of occupancy. Casual or occasional use will not be 
considered as occupancy sufficient to make the tract applied for a 
primary place of residence.
    (b) Improvements constructed on the land. (1) Must have a dwelling.
    (2) May include associated structures such as food cellars, drying 
racks, caches etc.
    (c) Evidence of occupancy. Must have evidence of permanent or 
seasonal occupancy for substantial periods of time.



Sec. 2653.8-3  Appeals.

    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.

[41 FR 14740, Apr. 7, 1976]



Sec. 2653.9  Regional selections.

    (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 Sec. 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.
    (b) A regional corporation may select a total area in excess of its 
entitlement

[[Page 209]]

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.
    (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 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.
    (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 Federal Register 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.
    (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.

[41 FR 14740, Apr. 7, 1976, as amended at 41 FR 49487, Nov. 9, 1976]



Sec. 2653.10  Excess selections.

    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.

[41 FR 14740, Apr. 7, 1976]



Sec. 2653.11  Conveyance reservations.

    (a) Conveyances issued pursuant to this subpart are subject to the 
conveyance reservations described in Sec. 2650.4 of this chapter.
    (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.
    (c) Conveyances for cemetery sites and historical places shall also 
contain the covenant required by Sec. 2650.4-6 of this chapter.

[38 FR 14218, May 30, 1973. Redesignated and amended at 41 FR 14740, 
Apr. 7, 1976]

[[Page 210]]



                      Subpart 2654_Native Reserves



Sec. 2654.0-3  Authority.

    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.



Sec. 2654.0-5  Definitions.

    Reserve lands 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.



Sec. 2654.1  Exercise of option.

    (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.
    (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 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. \1\ 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.
---------------------------------------------------------------------------

    \1\ At 47 FR 13327, Mar. 30, 1982, Sec. 43h.7 of Title 25 was 
redesignated as Sec. 69.7.
---------------------------------------------------------------------------

    (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.



Sec. 2654.2  Application procedures.

    (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.
    (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.



Sec. 2654.3  Conveyances.

    (a) Conveyances under this subpart are subject to the provisions of 
section 14(g) of the Act, as provided by Sec. 2650.4 of this chapter.
    (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.



                   Subpart 2655_Federal Installations

    Authority: Alaska Claims Settlement Act of 1971 (43 U.S.C. 1601 et 
seq.).

    Source: 45 FR 70206, Oct. 22, 1980, unless otherwise noted.



Sec. 2655.0-3  Authority.

    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.



Sec. 2655.0-5  Definitions.

    As used in this subpart, the term:
    (a) Holding agency means any Federal agency claiming use of a tract 
of land subject to these regulations.
    (b) Appropriate selection period means the statutory or regulatory 
period within which the lands were available for Native selection under 
the act.

[[Page 211]]

    (c) State Director means the Director, Alaska State Office, Bureau 
of Land Management.



Sec. 2655.1  Lands subject to determination.

    (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.
    (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.



Sec. 2655.2  Criteria for determinations.

    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:
    (a) Nature and time of use.
    (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
    (2) If use was continuous, taking into account the type of use, 
throughout the appropriate selection period; and
    (3) If the function of the holding agency is similiar to that of the 
Federal agency using the lands as of December 18, 1971.
    (b) Specifications for area to be retained by Federal agency.
    (1) Area shall be no larger than reasonably necessary to support the 
agency's use.
    (2) Tracts shall be described by U.S. Survey (or portion thereof), 
smallest aliquot part, metes and bounds or protraction diagram, as 
appropriate.
    (3) Tracts may include:
    (i) Improved lands;
    (ii) Buffer zone surrounding improved lands as is reasonably 
necessary for purposes such as safety measures, maintenance, security, 
erosion control, noise protection and drainage;
    (iii) Unimproved lands used for storage;
    (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
    (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.
    (c) Interest to be retained by Federal agency.
    (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.
    (2) Easements reserved in lieu of full fee title shall be reserved 
under the provisions of section 17(b) of the Act and Sec. 2650.4-7 of 
this title.



Sec. 2655.3  Determination procedures.

    (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

[[Page 212]]

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.
    (b) The information to be provided by the holding agency shall 
include the following for each tract which is subject to determination:
    (1) The function and scope of the installation;
    (2) A plottable legal description of the lands used;
    (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;
    (4) A description of the use and function of any unaltered lands;
    (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;
    (6) If available, site plans, drawings and annotated aerial 
photographs delineating the boundaries of the installation and locations 
of the areas used; and
    (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 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.
    (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.
    (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.
    (e) The results of the determination shall be incorporated into 
appropriate decision documents.



Sec. 2655.4  Adverse decisions.

    (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.
    (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: Provided, That the 
holding agency or Native corporation has reasonably satisfied the Board 
that its claim is not frivolous.



Group 2700_Disposition; Sales--Table of Contents



    Note: 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-

[[Page 213]]

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.

(See 51 FR 9657, Mar. 20, 1986)



PART 2710_SALES: FEDERAL LAND POLICY AND MANAGEMENT ACT--
Table of Contents



                 Subpart 2710_Sales: General Provisions

Sec.
2710.0-1  Purpose.
2710.0-2  Objective.
2710.0-3  Authority.
2710.0-5  Definitions.
2710.0-6  Policy.
2710.0-8  Lands subject to sale.

                     Subpart 2711_Sales: Procedures

2711.1  Initiation of sale.
2711.1-1  Identification of tracts by land use planning.
2711.1-2  Notice of realty action.
2711.1-3  Sales requiring grazing permit or lease cancellations.
2711.2  Qualified conveyees.
2711.3  Procedures for sale.
2711.3-1  Competitive bidding.
2711.3-2  Modified bidding.
2711.3-3  Direct sales.
2711.4  Compensation for authorized improvements.
2711.4-1  Grazing improvements.
2711.4-2  Other private improvements.
2711.5  Conveyance documents.
2711.5-2  Terms, convenants, conditions, and reservations.
2711.5-3  Notice of conveyance.

    Authority: 43 U.S.C. 1740.

    Source: 45 FR 39418, June 10, 1980, unless otherwise noted.



                 Subpart 2710_Sales: General Provisions



Sec. 2710.0-1  Purpose.

    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).



Sec. 2710.0-2  Objective.

    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.



Sec. 2710.0-3  Authority.

    (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:
    (1) Such tract was acquired for a specific purpose and the tract is 
no longer required for that or any other Federal purpose; or
    (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
    (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.
    (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.



Sec. 2710.0-5  Definitions.

    As used in this part, the term
    (a) Public lands means any lands and interest in lands owned by the 
United States and administered by the Secretary through the Bureau of 
Land Management except:
    (1) Lands located on the Outer Continental Shelf;
    (2) Lands held for the benefit of Indians, Aleuts, and Eskimos.
    (b) Secretary means the Secretary of the Interior.
    (c) Authorized officer means any employee of the Bureau of Land 
Management who has been delegated the authority to perform the duties 
described in this part.

[[Page 214]]

    (d) Act means the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701).
    (e) Family sized farm means the unit of public lands determined to 
be chiefly valuable for agriculture, and that is of sufficient size, 
based on land use capabilities, development requirements and economic 
capability, to provide a level of net income, after payment of expenses 
and taxes, which will sustain a family sized agribusiness operation 
above the poverty level for a rural farm family of 4 as determined by 
the Bureau of Labor Statistics, U.S. Department of Labor, for the 
calendar year immediately preceeding the year of the proposed sale under 
the regulations of this part. The determination of the practical size is 
an economic decision to be made on a local area basis considering, but 
not limited to, factors such as: Climatic conditions, soil character, 
availability of irrigation water, topography, usual crop(s) of the 
locale, marketability of the crop(s), production and development costs, 
and other physical characteristics which shall give reasonable assurance 
of continued production under proper conservation management.



Sec. 2710.0-6  Policy.

    (a) Sales under this part shall be made only in implementation of an 
approved land use plan or analysis in accordance with part 1600 of this 
title.
    (b) Public lands determined to be suitable for sale shall be offered 
only on the initiative of the Bureau of Land Management. Indications of 
interest to have specific tracts of public lands offered for sale shall 
be accomplished through public input to the land use planning process. 
(See Secs. 1601.1-1 and 1601.8 of this title). Nominations or requests 
to have specific tracts of public lands offered for sale may also be 
made by direct request to the authorized officer.
    (c)(1) The Federal Land Policy and Management Act (43 U.S.C. 
1713(f)) provides that sales of public lands under this section shall be 
conducted under competitive bidding procedures established by the 
Secretary. However, where the Secretary determines it necessary and 
proper in order to assure equitable distribution among purchasers of 
lands, or to recognize equitable considerations or public policies, 
including, but not limited to, a preference to users, lands may be sold 
by modified competitive bidding or without competitive bidding. In 
recognizing public policies, the Secretary shall give consideration to 
the following potential purchasers:
    (i) The State in which the lands are located;
    (ii) The local government entities in such State which are in 
vicinity of the lands;
    (iii) Adjoining landowners;
    (iv) Individuals; and
    (v) Any other person.
    (2) When a parcel of land meets the sale criteria of section 203 of 
the Federal Land Policy and Management Act (43 U.S.C. 1713), several 
factors shall be considered in determining the method of sale. These 
factors include, but are not limited to: Competitive interest; needs of 
State and local governments; adjoining landowners; historical uses; and 
equitable distribution of land ownership.
    (3) Three methods of sale are provided for in Sec. 2711.3 of this 
title: competitive; modified competitive; and direct (non-competitive). 
The policy for selecting the method of sale is:
    (i) Competitive sale as provided in Sec. 2711.3-1 of this title is 
the general procedure for sales of public lands and may be used where 
there would be a number of interested parties bidding for the lands and 
(A) wherever in the judgment of the authorized officer the lands are 
accessible and usable regardless of adjoining land ownership and (B) 
wherever the lands are within a developing or urbanizing area and land 
values are increasing due to their location and interest on the 
competitive market.
    (ii) Modified competitive sales as provided in Sec. 2711.3-2 of this 
title may be used to permit the existing grazing user or adjoining 
landowner to meet the high bid at the public sale. This procedure will 
allow for limited competitive sales to protect on-going uses, to assure 
compatibility of the possible uses with adjacent lands, and avoid 
dislocation of existing users. Lands offered under this procedure would 
normally be public lands not located near

[[Page 215]]

urban expansion areas, or with rapidly increasing land values, and 
existing use of adjacent lands would be jeopardized by sale under 
competitive bidding procedures.
    (iii) Direct sale as provided in Sec. 2711.3-3 of this title may be 
used when the lands offered for sale are completely surrounded by lands 
in one ownership with no public access, or where the lands are needed by 
State or local governments or non-profit corporations, or where 
necessary to protect existing equities in the lands or resolve 
inadvertent unauthorized use or occupancy of said lands.
    (4) When lands have been offered for sale by one method of sale and 
the lands remain unsold, then the lands may be reoffered by another 
method of sale.
    (5) In no case shall lands be sold for less than fair market value.
    (d) Sales of public lands determined to be chiefly valuable for 
agriculture shall be no larger than necessary to support a family-sized 
farm.
    (e) The sale of family-sized farm units, at any given sale, shall be 
limited to one unit per bidder and one unit per family. The limit of one 
unit per family is not to be be construed as limiting children eighteen 
years or older from bidding in their own right.
    (f) Sales under this part shall not be made at less than fair market 
value. Such value is to be determined by an appraisal performed by a 
Federal or independent appraiser, as determined by the authorized 
officer, using the principles contained in the Uniform Appraisal 
Standards for Federal Land Acquisitions. The value of authorized 
improvements owned by anyone other than the United States upon lands 
being sold shall not be included in the determination of fair market 
value. Technical review and approval for conformance with appraisal 
standards shall be conducted by the authorized officer.
    (g) Constraint and discretion shall be used with regard to the 
terms, covenants, conditions and reservations authorized by section 208 
of the Act that are to be in sales patents and other conveyance 
documents, except where inclusion of such provisions is required by law 
or for protection of valid existing rights.

[45 FR 39418, June 10, 1980, as amended at 49 FR 29014, July 17, 1984; 
49 FR 29795, July 24, 1984]



Sec. 2710.0-8  Lands subject to sale.

    (a) All public lands, as defined by Sec. 2710.0-5 of this title, 
and, which meet the disposal criteria specified under Sec. 2710.0-3 of 
this title, are subject to sale pursuant to this part, except:
    (1) Those public lands within the revested Oregon California 
Railroad and reconveyed Coos Bay Wagon Road grants which are more 
suitable for management and administration for permanent forest 
protection and other purposes as provided for in the Acts of August 28, 
1937 (50 Stat. 874; 43 U.S.C. 1181(a)); May 24, 1939 (53 Stat. 753); and 
section 701(b) of the Act.
    (2) Public lands in units of the National Wilderness Preservation 
System, National Wild and Scenic Rivers System and National System of 
Trails.
    (3) Public lands classified, withdrawn, reserved or otherwise 
designated as not available or subject to sale shall not be sold under 
the regulations of this part until issuance of an order or notice which 
either opens or provides for such disposition.
    (b) Unsurveyed public lands shall not be sold under the regulations 
of this part until they are officially surveyed under the public land 
survey system of the United States. Such survey shall be completed and 
approved by the Secretary prior to any sale.



                     Subpart 2711_Sales: Procedures



Sec. 2711.1  Initiation of sale.



Sec. 2711.1-1  Identification of tracts by land use planning.

    (a) Tracts of public lands shall only be offered for sale in 
implementation of land use planning prepared and/or approved in 
accordance with subpart 1601 of this title.
    (b) Public input proposing tracts of public lands for disposal 
through sale as part of the land use planning process may be made in 
accordance with Secs. 1601.3, 1601.6-3 or Sec. 1601.8 of this title.

[[Page 216]]

    (c) Nominations or requests for sales of public lands may be made to 
the District office of the Bureau of Land Management for the District in 
which the public lands are located and shall specifically identify the 
tract being nominated or requested and the reason for proposing sale of 
the specific tract.

[45 FR 39418, June 10, 1980, as amended at 49 FR 29015, July 17, 1984]



Sec. 2711.1-2  Notice of realty action.

    (a) A notice of realty action offering for sale a tract or tracts of 
public lands identified for disposal by sale shall be issued, published 
and sent to parties of interest by the authorized officer not less than 
60 days prior to the sale. The notice shall include the terms, 
convenants, conditions and reservations which are to be included in the 
conveyance document and the method of sale. The notice shall also 
provide 45 days after the date of issuance for the right of comment by 
the public and interested parties.
    (b) Not less than 60 days prior to sale, notice shall be sent to the 
Member of the U.S. House of Representatives in whose district the public 
lands proposed for sale are located and the U.S. Senators for the State 
in which the public lands proposed for sale are located, the Senate and 
House of Representatives, as required by paragraph (f) of this section, 
to Governor of the State within which the public lands are located, to 
the head of the governing body of any political subdivision having 
zoning or other land use regulatory responsibility in the geographic 
area within which the public lands are located and to the head of any 
political subdivision having administrative or public services 
responsibility in the geographic area within which the lands are 
located. The notice shall be sent to other known interested parties of 
record including, but not limited to, adjoining landowners and current 
land users.
    (c) The notice shall be published once in the Federal Register and 
once a week for 3 weeks thereafter in a newspaper of general circulation 
in the general vicinity of the public lands being proposed to be offered 
for sale.
    (d) The publication of the notice of realty action in the Federal 
Register segregates the public lands covered by the notice of realty 
action to the extent that they will not be subject to appropriation 
under the public land laws, including the mining laws. Any subsequent 
application will not be accepted, will not be considered as filed, and 
will be returned to the applicant if the notice segregates from the use 
applied for in the application. The segregative effect of the notice of 
realty action terminates: (i) Upon issuance of a patent or other 
document of conveyance to such lands; (ii) upon publication in the 
Federal Register of a termination of the segregation; or (iii) at the 
end of the specified segregation period, whichever occurs first. The 
segregation period may not exceed two years unless, on a case-by-case 
basis, the BLM State Director determines that the extension is necessary 
and documents, in writing, why the extension is needed. Such an 
extension will not be renewable and cannot be extended beyond the 
additional two years. If an extension is deemed necessary, the BLM will 
publish a notice following the same procedure as that stated in 
paragraph (c) of this section.
    (e) The notice published under Sec. 1610.5 of this title may, if so 
designated in the notice and is the functional equivalent of a notice of 
realty action required by this section, serve as the notice of realty 
action required by paragraph (a) of this section and may segregate the 
public lands covered by the sale proposal to the same extent that they 
would have been segregated under a notice of realty action issued under 
paragraph (a) of this section.
    (f) For tracts of public lands in excess of 2,500 acres, the notice 
shall be submitted to the Senate and the House of Representatives not 
less than the 90 days prescribed by section 203 of the Act (43 U.S.C. 
1713(c)) prior to the date of sale. The sale may not be held prior to 
the completion of the congressional notice period unless such period is 
waived by Congress.

[45 FR 39418, June 10, 1980, as amended at 49 FR 29015, July 17, 1984; 
71 FR 67068, Nov. 20, 2006]

[[Page 217]]



Sec. 2711.1-3  Sales requiring grazing permit or lease cancellations.

    When lands are identified for disposal and such disposal will 
preclude livestock grazing, the sale shall not be made until the 
permittees and lessees are given 2 years prior notification, except in 
cases of emergency, that their grazing permit or grazing lease and 
grazing preference may be cancelled in accordance with Sec. 4110.4-2(b) 
of this title. A sale may be made of such identified lands if the sale 
is conditioned upon continued grazing by the current permittee/lessee 
until such time as the current grazing permit or lease would have 
expired or terminated. A permittee or lessee may unconditionally waive 
the 2-year prior notification. The publication of a notice of realty 
action as provided in Sec. 2711.1-2(c) of this title shall constitute 
notice to the grazing permittee or lessee if such notice has not been 
previously given.

[49 FR 29015, July 17, 1984]



Sec. 2711.2  Qualified conveyees.

    Tracts sold under this part may only be conveyed to:
    (a) A citizen of the United States 18 years of age or over;
    (b) A corporation subject to the laws of any State or of the United 
States;
    (c) A State, State instrumentality or political subdivision 
authorized to hold property; and
    (d) An entity legally capable of conveying and holding lands or 
interests therein under the laws of the State within which the lands to 
be conveyed are located. Where applicable, the entity shall also meet 
the requirements of paragraphs (a) and (b) of this section.

[45 FR 39418, June 10, 1980, as amended at 49 FR 29015, July 17, 1984]



Sec. 2711.3  Procedures for sale.



Sec. 2711.3-1  Competitive bidding.

    When public lands are offered through competitive bidding:
    (a) The date, time, place, and manner for submitting bids shall be 
specified in the notice required by Sec. 2711.1-2 of this title.
    (b) Bids may be made by a principal or a duly qualified agent.
    (c) Sealed bids shall be considered only if received at the place of 
sale prior to the hour fixed in the notice and are made for at least the 
fair market value. Each bid shall be accompanied by certified check, 
postal money order, bank draft or cashier's check made payable to the 
Bureau of Land Management for the amount required in the notice of 
realty action which shall be not less than 10 percent or more than 30 
percent of the amount of the bid, and shall be enclosed in a sealed 
envelope which shall be marked as prescribed in the notice. If 2 or more 
envelopes containing valid bids of the same amount are received, the 
determination of which is to be considered the highest bid shall be by 
supplemental biddings. The designated high bidders shall be allowed to 
submit oral or sealed bids as designated by the authorized officer.
    (d) The highest qualifying sealed bid received shall be publicly 
declared by the authorized officer. If the notice published pursuant to 
Sec. 2711.1-2 of this title provides for oral bids, such bids, in 
increments specified by the authorized officer, shall then be invited. 
After oral bids, if any, are received, the highest qualifying bid, 
designated by type, whether sealed or oral, shall be declared by the 
authorized officer. The person declared to have entered the highest 
qualifying oral bid shall submit payment by cash, personal check, bank 
draft, money order, or any combination for not less than one-fifth of 
the amount of the bid immediately following the close of the sale. The 
successful bidder, whether such bid is a sealed or oral bid, shall 
submit the remainder of the full bid price prior to the expiration of 
180 days from the date of the sale. Failure to submit the full bid price 
prior to, but not including the 180th day following the day of the sale, 
shall result in cancellation of the sale of the specific parcel and the 
deposit shall be forfeited and disposed of as other receipts of sale. In 
the event the authorized officer rejects the highest qualified bid or 
releases the bidder from it, the authorized officer shall determine 
whether the public lands shall be withdrawn from the market or be 
reoffered.

[[Page 218]]

    (e) If the public lands are not sold pursuant to the notice issued 
under Sec. 2711.1-2 of this subpart, they may remain available for sale 
on a continuing basis until sold as specified in the notice.
    (f) The acceptance or rejection of any offer to purchase shall be in 
writing no later than 30 days after receipt of such offer unless the 
offerer waives his right to a decision within such 30-day period. In 
case of a tract of land in excess of 2,500 acres, such acceptance or 
rejection shall not be given until the expiration of 30 days after the 
end of the notice to the Congress provided for in Sec. 2711.1-2(d) of 
this subpart. Prior to the expiration of such periods the authorized 
officer may refuse to accept any offer or may withdraw any tract from 
sale if he determines that:
    (1) Consummation of the sale would be inconsistent with the 
provisions of any existing law; or
    (2) Collusive or other activities have hindered or restrained free 
and open bidding; or
    (3) Consummation of the sale would encourage or promote speculation 
in public lands.
    (g) Until the acceptance of the offer and payment of the purchase 
price, the bidder has no contractual or other rights against the United 
States, and no action taken shall create any contractual or other 
obligations of the United States.

[45 FR 39418, June 10, 1980, as amended at 49 FR 29015, July 17, 1984; 
49 FR 29795, July 24, 1984]



Sec. 2711.3-2  Modified bidding.

    (a) Public lands may be offered for sale utilizing modified 
competitive bidding procedures when the authorized officer determines it 
is necessary in order to assure equitable distribution of land among 
purchasers or to recognize equitable considerations or public policies.
    (1) Modified competitive bidding includes, but is not limited to:
    (i) Offering to designated bidders the right to meet the highest 
bid. Refusal or failure to meet the highest bid shall constitute a 
waiver of such bidding provisions; or
    (ii) A limitation of persons permitted to bid on a specific tract of 
land offered for sale; or
    (iii) Offering to designated bidders the right of first refusal to 
purchase the lands at fair market value. Failure to accept an offer to 
purchase the offered lands within the time specified by the authorized 
officer shall constitute a waiver of his preference consideration.
    (2) Factors that shall be considered in determining when modified 
competitive bidding procedures shall be used, include but are not 
limited to: Needs of State and/or local government, adjoining 
landowners, historical users, and other needs for the tract. A 
description of the method of modified competitive bidding to be used and 
a statement indicating the purpose or objective of the bidding procedure 
selected shall be specified in the notice of realty action required in 
Sec. 2711.1-2 of this subpart.
    (b) Where 2 or more designated bidders exercise preference 
consideration awarded by the authorized officer in accordance with 
paragraph (a)(1) of this section, such bidders shall be offered the 
opportunity to agree upon a division of the lands among themselves. In 
the absence of a written agreement, the preference right bidders shall 
be allowed to continue bidding to determine the high bidder.
    (c) Where designated bidders fail to exercise the preference 
consideration offered by the authorized officer in the allowed time, the 
sale shall proceed using the procedures specified in Sec. 2711.3-1 of 
this subpart; and
    (d) Once the method of modified competitive or noncompetitive sale 
is determined and such determination has been issued, published and sent 
in accordance with procedures of this part, payment shall be by the same 
instruments as authorized in Sec. 2711.3-1(c) of this subpart.
    (e) Acceptance or rejection of any offer to purchase shall be in 
accordance with the procedures set forth in Sec. 2711.3-1 (f) and (g) of 
this subpart.

[45 FR 39418, June 10, 1980, as amended at 49 FR 29015, July 17, 1984]

[[Page 219]]



Sec. 2711.3-3  Direct sales.

    (a) Direct sales (without competition) may be utilized, when in the 
opinion of the authorized officer, a competitive sale is not appropriate 
and the public interest would best be served by a direct sale. Examples 
include, but are not limited to:
    (1) A tract identified for transfer to State or local government or 
nonprofit organization; or
    (2) A tract identified for sale that is an integral part of a 
project or public importance and speculative bidding would jeopardize a 
timely completion and economic viability of the project; or
    (3) There is a need to recognize an authorized use such as an 
existing business which could suffer a substantial economic loss if the 
tract were purchased by other than the authorized user; or
    (4) The adjoining ownership pattern and access indicate a direct 
sale is appropriate; or
    (5) A need to resolve inadvertent unauthorized use or occupancy of 
the lands.
    (b) Once the authorized officer has determined that the lands will 
be offered by direct sale and such determination has been issued, 
published and sent in accordance with procedures of this part, payment 
shall be made by the same instruments as authorized in Sec. 2711.3-1(c) 
of this subpart.
    (c) Failure to accept an offer to purchase the offered lands within 
the time specified by the authorized officer shall constitute a waiver 
of this preference consideration.
    (d) Acceptance or rejection of an offer to purchase the lands shall 
be in accordance with the procedures set forth in Sec. 2711.3-1 (f) and 
(g) of this subpart.

[49 FR 29015, July 17, 1984; 49 FR 29796, July 24, 1984]



Sec. 2711.4  Compensation for authorized improvements.



Sec. 2711.4-1  Grazing improvements.

    No public lands in a grazing lease or permit may be conveyed until 
the provisions of part 4100 of this title concerning compensation for 
any authorized grazing improvements have been met.



Sec. 2711.4-2  Other private improvements.

    Where public lands to be sold under this part contain authorized 
private improvements, other than those identified in Sec. 2711.4-1 of 
this subpart or those subject to a patent reservation, the owner of such 
improvements shall be given an opportunity to remove them if such owner 
has not been declared the purchaser of the lands sold, or the 
prospective purchaser may compensate the owner of such authorized 
private improvements and submit proof of compensation to the authorized 
officer.



Sec. 2711.5  Conveyance documents.

    Patents and other conveyance documents issued under this part shall 
contain a reservation to the United States of all minerals. Such 
minerals shall be subject to the right to explore, prospect for, mine, 
and remove under applicable law and such regulations as the Secretary 
may prescribe. However, upon the filing of an application as provided in 
part 2720 of this title, the Secretary may convey the mineral interest 
if all requirements of the law are met. Where such application has been 
filed and meets the requirements for conveyance, the authorized officer 
may withhold issuance of a patent or other document of conveyance on 
lands sold under this part until processing of the mineral conveyance 
application is completed, at which time a single patent or document of 
conveyance for the entire estate or interest of the United States may be 
issued.



Sec. 2711.5-2  Terms, covenants, conditions, and reservations.

    Patents or other conveyance documents issued under this part may 
contain such terms, covenants, conditions, and reservations as the 
authorized officer determines are necessary in the public interest to 
insure proper land use and protection of the public interest as 
authorized by section 208 of the Act.



Sec. 2711.5-3  Notice of conveyance.

    The authorized officer shall immediately notify the Governor and the

[[Page 220]]

heads of local government of the issuance of conveyance documents for 
public lands within their respective jurisdiction.

[45 FR 39418, June 10, 1980, as amended at 49 FR 29016, July 17, 1984]



PART 2720_CONVEYANCE OF FEDERALLY-OWNED MINERAL INTERESTS--
Table of Contents



      Subpart 2720_Conveyance of Federally-Owned Mineral Interests

Sec.
2720.0-1  Purpose.
2720.0-2  Objectives.
2720.0-3  Authority.
2720.0-5  Definitions.
2720.0-6  Policy.
2720.0-9  Information collection.
2720.1  Application to purchase federally-owned mineral interests.
2720.1-1  Filing of application.
2720.1-2  Form of application.
2720.1-3  Action on application.
2720.2  Determination that an exploratory program is not required.
2720.3  Action upon determination of the fair market value of the 
          mineral interests.
2720.4  Issuance of document of conveyance.
2720.5  Appeals.

    Authority: 43 U.S.C. 1719 and 1740.

    Source: 44 FR 1342, Jan. 4, 1979, unless otherwise noted.



      Subpart 2720_Conveyance of Federally-Owned Mineral Interests



Sec. 2720.0-1  Purpose.

    The purpose of these regulations is to establish procedures under 
section 209 of the Federal Land Policy and Management Act of 1976, 43 
U.S.C. 1719, for conveyance of mineral interests owned by the United 
States where the surface is or will be in non-Federal ownership.



Sec. 2720.0-2  Objectives.

    The objective is to allow consolidation of surface and subsurface or 
mineral ownership where there are no known mineral values or in those 
instances where the reservation interferes with or precludes appropriate 
non-mineral development and such development is a more beneficial use of 
the land than the mineral development.



Sec. 2720.0-3  Authority.

    (a) Section 209(b) of the Federal Land Policy and Management Act of 
1976, 43 U.S.C. 1719(b), authorizes the Secretary of the Interior to 
convey mineral interests owned by the United States where the surface is 
or will be in non-Federal ownership, if certain specific conditions are 
met.
    (b) Section 310 of the Federal Land Policy and Management Act of 
1976, 43 U.S.C. 1740, authorizes the Secretary of the Interior to 
promulgate rules and regulations to carry out the purposes of the Act.



Sec. 2720.0-5  Definitions.

    As used in this subpart, the term:
    (a) Prospective record owner means a person who has a contract or 
other agreement to purchase a tract of land that is in non-Federal 
ownership with a reservation of minerals in the United States, or a 
person who is purchasing a tract of land under the provisions of the 
Federal Land Policy and Management Act of 1976 or other laws authorizing 
the conveyance of Federal lands subject to the reservation of a mineral 
interest.
    (b) Known mineral values means mineral rights in lands containing 
geologic formations that are valuable in the monetary sense for 
exploring, developing, or producing natural mineral deposits. The 
presence of such mineral deposits with potential for mineral development 
may be known because of previous exploration, or may be inferred based 
on geologic information.
    (c) Authorized officer means any employee of the Bureau of Land 
Management to whom has been delegated the authority to perform the 
duties described in this part.
    (d) Proof of ownership means evidence of title acceptable in local 
realty practice by attorneys and title examiners and may include a 
current title attorney's opinon, based on a current abstract of title 
prepared by a bonded title insurance or title abstract company doing 
business in the locale where the lands are located.

[44 FR 1342, Jan. 4, 1979, as amended at 51 FR 9657, Mar. 20, 1986; 60 
FR 12711, Mar. 8, 1995]

[[Page 221]]



Sec. 2720.0-6  Policy.

    As required by the Federal Land Policy and Management Act, the 
Bureau of Land Management may convey a federally owned mineral interest 
only when the authorized officer determines that it has no known mineral 
value, or that the mineral reservation is interfering with or precluding 
appropriate nonmineral development of the lands and that nonmineral 
development is a more beneficial use than mineral development. 
Allegation, hypothesis or speculation that such conditions could or may 
exist at some future time shall not be sufficient basis for conveyance. 
Failure to establish by convincing factual evidence that the requisite 
conditions of interference or preclusion presently exist, and that 
nonmineral development is a more beneficial use, shall result in the 
rejection of an application.

[51 FR 9657, Mar. 20, 1986, as amended at 60 FR 12711, Mar. 8, 1995]



Sec. 2720.0-9  Information collection.

    (a) The Office of Management and Budget has approved under 44 U.S.C. 
3507 the information collection requirements contained in part 2720 and 
assigned clearance number 1004-0153. The Bureau of Land Management is 
collecting the information to permit the authorized officer to determine 
whether the Bureau of Land Management should dispose of Federally-owned 
mineral interests. The Bureau of Land Management will use the 
information collected to make these determinations. A response is 
required to obtain a benefit.
    (b) The Bureau of Land Management estimates the public reporting 
burden for this information to average 8 hours per response, including 
the time for reviewing regulations, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Send comments regarding this burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing the burden, to the Information 
Collection Clearance Officer (783), Bureau of Land Management, 
Washington, D.C. 20240, and the Office of Management and Budget, 
Paperwork Reduction Project, 1004-0153, Washington, D.C. 20503.

[60 FR 12711, Mar. 8, 1995]



Sec. 2720.1  Application to purchase federally-owned mineral interests.



Sec. 2720.1-1  Filing of application.

    (a) Any existing or prospective record owner of the surface of land 
in which mineral interests are reserved or otherwise owned by the United 
States may file an application to purchase such mineral interests if--
    (1) He has reason to believe that there are no known mineral values 
in the land, or
    (2) The reservation of ownership of the mineral interests in the 
United States interferes with or precludes appropriate non-mineral 
development of the land and such development would be a more beneficial 
use of the land than its mineral development.
    (b) Publication in the Federal Register of a notice of the filing of 
an application under this part shall segregate the mineral interests 
owned by the United States in the public lands covered by the 
application 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 application shall terminate either upon issuance of a 
patent or other document of conveyance to such mineral interests, upon 
final rejection of the application or 2 years from the date of filing of 
the application which ever occurs first.

[44 FR 1342, Jan. 4, 1979, as amended at 51 FR 9657, Mar. 20, 1986]



Sec. 2720.1-2  Form of application.

    (a) An application shall be filed with the proper BLM Office as 
listed in Sec. 1821.2-1(d) of this title.
    (b) No specific form is required.
    (c) A non-refundable fee of $50 shall accompany the application.
    (d) Each application shall include:
    (1) The name, legal mailing address, and telephone number of the 
existing or prospective record owner of the land included in the 
application;
    (2) Proof of ownership of the land included in the application, and 
in the case of a prospective record owner, a copy of the contract of 
conveyance or a

[[Page 222]]

statement describing the method by which he will become the owner of 
record;
    (3) In the case of non-Federal ownership of the surface, a certified 
copy of any patent or other instrument conveying the land included in 
the application and a showing of ownership in the applicant, with 
supporting survey evidence acceptable to the authorized officer, which 
may consist of a metes and bounds survey prepared and certified by a 
civil engineer or land surveyor licensed under the laws of the State in 
which the lands are located; and
    (4) As complete a statement as possible concerning (i) the nature of 
federally-reserved or owned mineral values in the land, including 
explanatory information, (ii) the existing and proposed uses of the 
land, (iii) why the reservation of the mineral interests in the United 
States is interfering with or precluding appropriate non-mineral 
development of the land covered by the application (iv) how and why such 
development would be a more beneficial use of the land than its mineral 
development, and (v) a showing that the proposed use complies or will 
comply with State and local zoning and/or planning requirements.

[44 FR 1342, Jan. 4, 1979, as amended at 51 FR 9658, Mar. 20, 1986]



Sec. 2720.1-3  Action on application.

    (a) Within 90 days of receipt of an application to purchase 
federally-owned mineral interests, the authorized officer shall, if the 
application meets the requirements for further processing, determine the 
amount of deposit required and so inform the applicant.
    (b) No application filed under this subpart shall be processed until 
the applicant has either--
    (1) Deposited with the authorized officer an amount of money that 
the authorized officer estimates is needed to cover administrative costs 
of processing, including, but not limited to, costs of conducting an 
exploratory program, if one is required, to determine the character of 
the mineral deposits in the land, evaluating the existing data [or the 
data obtained under an approved exploratory program] to aid in 
determining the fair market value of the mineral interests to be 
conveyed, and preparing and issuing the documents of conveyance, or
    (2) Has obtained the consent of the authorized officer to conduct an 
exploratory program, such program to be conducted only under a plan of 
operations approved by the authorized officer and deposited with the 
authorized officer an amount of money the authorized officer estimates 
is needed to cover administrative costs of processing, including, but 
not limited to, costs of evaluating existing data and data submitted 
from an approved exploratory program to determine the fair market value 
of the mineral interests to be conveyed and preparing and issuing the 
documents of conveyance.

    The authorized officer, in reaching a determination as to whether 
there are any known mineral values in the land and, if so, the estimated 
costs of an exploratory program, if one is needed, will rely upon 
reports on minerals prepared by or reviewed and approved by the Bureau 
of Land Management.
    (c) The authorized officer shall inform the applicant of his 
determination as to the need for an exploratory program, and where 
appropriate, the estimated cost of such a program. The applicant may 
request that the exploratory program be arranged by the authorized 
officer or request the consent of the authorized officer to accomplish 
any required exploratory program by other means, at his own expense, 
under a plan of operations approved by the authorized officer and to 
provide the results to the authorized officer for his use and approval. 
The applicant shall, within 60 days of receipt of such notice, or any 
extension thereof, respond to the authorized officer's notice, stating 
whether he wishes to have the authorized officer arrange to have 
conducted the required exploratory program or requests the consent of 
the authorized officer to accomplish any required exploratory program by 
other means. Failure to respond to said notice shall void the 
application.
    (d) If the applicant requests that any required exploratory program 
be arranged by the authorized officer, he shall submit the sum of money 
required under paragraph (b) of this section and the authorized officer 
shall

[[Page 223]]

have the exploratory program accomplished so as to aid in determining 
the fair market value of the Federal mineral interests covered by the 
application.
    (e) If the applicant requests the consent of the authorized officer 
to accomplish any required exploratory program by other means, at his 
own expense, he shall at the time of making his request for such 
consent, file a plan of operations to carry out any required exploratory 
program for approval by the authorized officer. Such plan of operations 
shall be sufficient to provide the resource and economic data needed to 
aid in determining the fair market value of the Federal mineral 
interests to be conveyed. Said resource and economic data shall include, 
where appropriate, but not be limited to, geologic maps, geologic cross-
sections, tables and descriptive information encompassing lithologic, 
geochemical, and geophysical data, assays of samples, drill logs and 
outcrop sections, which aid in establishing the location, nature, 
quantity, and grade, and which aid in determining the fair market value 
of the Federal mineral interests in the land covered by the application. 
The plan of operations shall conform to the laws, regulations and 
ordinances of all governmental bodies having jurisdiction over the lands 
covered by the application. The authorized officer shall decide within 
90 days of receipt of said request whether he shall or shall not give 
his consent. The authorized officer shall not give his consent if he 
determines that the plan of operations is not adequate to supply the 
resource and economic data needed to aid him in determining the fair 
market value of the Federal mineral interests to be conveyed. If the 
authorized officer, in his discretion, approves the applicant's plan of 
operations, the applicant may proceed to execute the plan of operations, 
subject to the supervision of the authorized officer. If the authorized 
officer does not give his consent to the applicant's request, the 
applicant may, within 60 days of such refusal, avail himself of the 
provisions of paragraph (d) of this section. Failure to deposit the 
required sum within the 60 day period shall void the application. All 
resource and economic data obtained from the approved exploratory 
program shall be supplied the authorized officer. The authorized officer 
shall supply that data needed for determination of the economic value of 
mineral resources to the Bureau of Land Management. The authorized 
officer relying upon those determinations shall determine the fair 
market value of the Federal mineral interests in the land covered by the 
application. If the authorized officer determines that the resource and 
economic data supplied from an approved exploratory program is not 
adequate to aid in determining the fair market value of the Federal 
mineral interests to be conveyed, he shall so notify the applicant and 
state what additional data is needed.
    (f) Notwithstanding the provisions of the preceding paragraphs of 
this section, an application may be rejected without the applicant 
meeting the requirements of paragraph (b) of this section if the 
authorized officer determines from an examination of the application or 
of data readily available to him relating to the land concerned that the 
application does not meet the requirements of the Act.

[44 FR 1342, Jan. 4, 1979, as amended at 51 FR 9658, Mar. 20, 1986; 60 
FR 12711, Mar. 8, 1995]



Sec. 2720.2  Determination that an exploratory program is not required.

    (a) In instances where available data indicate that there are no 
known mineral values in the land covered by the application, an 
exploratory program shall not be required.
    (b) The authorized officer will not require an exploratory program 
to ascertain the presence of mineral values where the authorized officer 
determines that a reasonable person would not make exploration 
expenditures with expectations of deriving economic gain from the 
mineral production.
    (c) The authorized officer will not require an exploratory program 
if the authorized officer determines that, for the mineral interests 
covered by the application, sufficient information is available to 
determine their fair market value.

[44 FR 1342, Jan. 4, 1979, as amended at 60 FR 12711, Mar. 8, 1995]

[[Page 224]]



Sec. 2720.3  Action upon determination of the fair market value of
the mineral interests.

    (a) Upon the authorized officer's determination that all of the 
requirements of the Act for conveyance of mineral interests have been 
met by the applicant and all actions necessary to determine the fair 
market value of the Federal mineral interests in land covered by the 
application have been completed, the authorized officer shall notify the 
applicant in writing of the fair market value of the Federal mineral 
interests, including the administrative costs involved in development of 
and issuance of conveyance documents, and give a full and complete 
statement of the costs 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 of determining the 
fair market value of the Federal mineral interests exceed the amount of 
the deposit required of the applicant under this subpart, he will be 
informed that he is required to pay the difference between the actual 
costs and the deposit. If the deposit exceeds the administrative costs 
of determining the fair market value of the Federal mineral interests, 
the applicant will be informed that he is entitled to a credit for or a 
refund of the excess. The notice must require the applicant to pay both 
the fair market value of the Federal mineral interests and the remaining 
administrative costs owed within 90 days after the date the authorized 
officer mails the notice. Failure to pay the required amount within the 
allotted time shall constitute a withdrawal of the application and the 
application will be dismissed and the case closed.
    (b) The Bureau of Land Management will convey mineral rights on 
lands for which this part does not require an exploratory program upon 
payment by the applicant of fair market value for those mineral 
interests and all administrative costs of processing the application to 
acquire the mineral rights.

[44 FR 1342, Jan. 4, 1979, as amended at 60 FR 12711, Mar. 8, 1995]



Sec. 2720.4  Issuance of document of conveyance.

    Upon receipt of the payment required by Sec. 2720.3 of this subpart, 
if any is required, the authorized officer shall issue the necessary 
document conveying to the applicant the mineral interests of the United 
States in the land covered by the application.



Sec. 2720.5  Appeals.

    An applicant 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 part 4 of this title. Decisions of the 
authorized officer under this subpart shall be subject to reversal only 
if found to be arbitrary, capricious, and abuse of discretion or 
otherwise not in accordance with law.



PART 2740_RECREATION AND PUBLIC PURPOSES ACT--Table of Contents



        Subpart 2740_Recreation and Public Purposes Act: General

Sec.
2740.0-1  Purpose.
2740.0-2  Objective.
2740.0-3  Authority.
2740.0-5  Definitions.
2740.0-6  Policy.
2740.0-7  Cross references.
2740.0-9  Information collection.

      Subpart 2741_Recreation and Public Purposes Act: Requirements

2741.1  Lands subject to disposition.
2741.2  Qualified applicants.
2741.3  Preapplication consultation.
2741.4  Applications.
2741.5  Guidelines for conveyances and leases under the act.
2741.6  Applications for transfer or change of use.
2741.7  Acreage limitations and general conditions.
2741.8  Price.
2741.9  Patent provisions.

   Subpart 2742_Recreation and Public Purposes Act: Omitted Lands and 
                           Unsurveyed Islands

2742.1  Lands subject to disposition.
2742.2  Qualifications of applicants.
2742.3  Survey requirement.
2742.4  Conveyance limitations.
2742.5  Consistency with other laws.

[[Page 225]]

  Subpart 2743_Recreation and Public Purposes Act: Solid Waste Disposal

2743.1  Applicable regulations.
2743.2  New disposal sites.
2743.2-1  Patent provisions for new disposal sites.
2743.3  Leased disposal sites.
2743.3-1  Patent provisions for leased disposal sites.
2743.4  Patented disposal sites.

    Authority: 43 U.S.C. 869 et seq., 43 U.S.C. 1701 et seq., and 31 
U.S.C. 9701.



        Subpart 2740_Recreation and Public Purposes Act: General

    Source: 44 FR 43471, July 25, 1979, unless otherwise noted.



Sec. 2740.0-1  Purpose.

    These regulations provide guidelines and procedures for transfer of 
certain public lands under the Recreation and Public Purposes Act as 
amended (43 U.S.C. 869 et seq.), to States or their political 
subdivisions, and to nonprofit corporations and associations, for 
recreational and public purposes.



Sec. 2740.0-2  Objective.

    The objective is to meet the needs of certain State and local 
governmental agencies and other qualified organizations for public lands 
required for recreational and public purposes.



Sec. 2740.0-3  Authority.

    (a) The Act of June 14, 1926, as amended (43 U.S.C. 869 et seq.), 
commonly known as the Recreation and Public Purposes Act, authorizes the 
Secretary of the Interior to lease or convey public lands for 
recreational and public purposes under specified conditions.
    (b) Section 211 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1721), authorizes the Secretary of the Interior to 
convey to States or their political subdivisions unsurveyed islands 
determined by the Secretary to be public lands of the United States and 
omitted lands under the Recreation and Public Purposes Act without 
regard to acreage limitations contained in the Act.
    (c) Section 3 of the Act of June 14, 1926, as amended by the 
Recreation and Public Purposes Amendment Act of 1988, authorizes the 
Secretary of the Interior to convey public lands for the purpose of 
solid waste disposal or for any other purpose which may result in or 
include the disposal, placement, or release of any hazardous substance, 
with special provisions relating to reversion of such lands to the 
United States.

[44 FR 43471, July 25, 1979, as amended at 57 FR 32732, July 23, 1992]



Sec. 2740.0-5  Definitions.

    As used in this part, the term:
    (a) Act means the Recreation and Public Purposes Act as amended by 
section 212 of the Federal Land Policy and Management Act of 1976.
    (b) Authorized officer means any employee of the Bureau of Land 
Management who has been delegated the authority to perform the duties 
described in this part.
    (c) Public lands means any lands and interest in lands administered 
by the Bureau of Land Management, except lands located on the Outer 
Continental Shelf and lands held for the benefit of Indians, Aleuts and 
Eskimos.
    (d) Public purpose means for the purpose of providing facilities or 
services for the benefit of the public in connection with, but not 
limited to, public health, safety or welfare. Use of lands or facilities 
for habitation, cultivation, trade or manufacturing is permissible only 
when necessary for and integral to, i.e., and essential part of, the 
public purpose.
    (e) Conveyance means a transfer of legal title. Leases issued 
pursuant to subpart 2912 of this title are not conveyances.
    (f) Hazardous substance means any substance designated pursuant to 
Environmental Protection Agency regulations at 40 CFR part 302.
    (g) Solid waste means any material as defined under Environmental 
Protection Agency regulations at 40 CFR part 261.

[44 FR 43471, July 25, 1979, as amended at 50 FR 50300, Dec. 10, 1985; 
57 FR 32732, July 23, 1992]

[[Page 226]]



Sec. 2740.0-6  Policy.

    (a) To assure development of public lands in accordance with a 
development plan and compliance with an approved management plan, the 
authorized officer may require that public lands first be leased under 
the provisions of subpart 2912 of this title for a period of time prior 
to issuance of a patent, except for conveyances under subpart 2743 of 
this title.
    (b) Municipal corporations may not secure public lands under this 
act which are not within convenient access to the municipality and 
within the same State as the municipality. Other qualified governmental 
applicants may not secure public lands outside their political 
boundaries or other area of jurisdiction.
    (c) Where lands are conveyed under the act with a reservation of the 
mineral estate to the United States, the Bureau of Land Management shall 
not thereafter convey that mineral estate to the surface owner under the 
provisions of section 209 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1719).
    (d) Lease or conveyance of lands for purposes other than 
recreational or public purposes is not authorized by the act. Uses which 
can be more appropriately authorized under other existing authorities 
shall not be authorized under the act. Approval of leases or conveyances 
under the act shall not be made unless the public lands shall be used 
for an established or definitely proposed project. A commitment by 
lessee(s) or conveyee(s) to a plan of physical development, management 
and use of the lands shall be required before a lease or conveyance is 
approved. Use of public lands for nonrecreational or nonpublic purposes, 
whether by lease or conveyance, may be applied for under sections 203 
and 302 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1713, 1732) or other applicable authorities.
    (e) The Bureau of Land Management shall not exercise the exchange 
authority of section 206 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1716) for the purpose of acquiring lands for later 
conveyance under the act.
    (f) The Bureau of Land Management shall not use Federal funds to 
undertake determinations of the validity of mining claims on public 
lands for the sole purpose of clearing title so that the lands may be 
leased or conveyed under the act.

[44 FR 43471, July 25, 1979, as amended at 50 FR 50300, Dec. 10, 1985; 
57 FR 32732, July 23, 1992]



Sec. 2740.0-7  Cross references.

    (a) Requirements and procedures for conveyance of land under the 
Recreation and Public Purposes Act are contained in subpart 2741 of this 
chapter.
    (b) Requirements and procedures for leasing of land under the 
Recreation and Public Purposes Act are contained in subpart 2912 of this 
title.
    (c) Requirements and procedures for conveyance of unsurveyed islands 
and omitted lands under section 211 of the Federal Land Policy and 
Management Act are contained in subpart 2742 of this chapter.
    (d) Requirements and procedures for conveyance of land under the 
Recreation and Public Purposes Act for the purpose of solid waste 
disposal or for any other purpose that the authorized officer determines 
may result in or include the disposal, placement, or release of any 
hazardous substance are contained in subpart 2743 of this chapter.

[44 FR 43471, July 25, 1979, as amended at 57 FR 32732, July 23, 1992]



Sec. 2740.0-9  Information collection.

    The collection of information contained in part 2740 of Group 2700 
has been approved by the Office of Management and Budget under 44 U.S.C. 
3501 et seq. and assigned clearance number 1004-0012. This information 
will be used to determine the suitability of public lands for lease and/
or disposal to States or their political subdivisions, and to nonprofit 
corporations and associations, for recreational and public purposes. 
Responses are required to obtain benefits in accordance with the 
Recreation and Public Purposes Act.
    Public reporting burden for this information is estimated to average 
47 hours per response, including the time for reviewing instructions, 
searching

[[Page 227]]

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 (770), Bureau 
of Land Management, 1849 C Street NW., Washington, DC 20240; and the 
Paperwork Reduction Project (1004-0012), Office of Management and 
Budget, Washington, DC 20503.

[57 FR 32732, July 23, 1992]



      Subpart 2741_Recreation and Public Purposes Act: Requirements



Sec. 2741.1  Lands subject to disposition.

    (a) The act is applicable to any public lands except (1) lands 
withdrawn or reserved for national forests, national parks and 
monuments, and national wildlife refuges, (2) Indian lands and lands set 
aside or held for use by or for the benefit of Indians, Aleuts and 
Eskimos, and (3) lands which have been acquired for specific purposes.
    (b) Revested Oregon and California Railroad grant lands and 
reconveyed Coos Bay Wagon Road grant lands may only be leased to States 
and counties and to State and Federal instrumentalities and political 
subdivisions and to municipal corporations.
    (c) Section 211 of the Federal Land Policy and Management Act of 
1976 does not apply to public 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.

[44 FR 43472, July 25, 1979]



Sec. 2741.2  Qualified applicants.

    Applications for any recreational or public purpose may be filed by 
States, Federal and State instrumentalities and political subdivisions, 
including counties and municipalities, and nonprofit associations and 
nonprofit corporations that, by their articles of incorporation or other 
authority, are authorized to acquire land.

[44 FR 43472, July 25, 1979]



Sec. 2741.3  Preapplication consultation.

    (a) Potential applicants should contact the appropriate District 
Office of the Bureau of Land Management well in advance of the 
anticipated submission of an application. Early consultation is needed 
to familiarize a potential applicant with management responsibilities 
and terms and conditions which may be required in a lease or patent.
    (b) Any information furnished by the applicant in connection with 
preapplication activity or use, which he/she requests not be disclosed, 
shall be protected to the extent consistent with the Freedom of 
Information Act (5 U.S.C. 552).
    (c) Dependent upon the magnitude and/or public interest associated 
with the proposed use, various investigations, studies, analyses, public 
meetings and negotiations may be required of the applicant prior to the 
submission of the application. Where a determination is made that 
studies and analyses are required, the authorized officer shall inform 
the potential applicant of these requirements.
    (d) The potential applicant may be permitted to go upon the public 
lands to perform casual acts related to data collection necessary for 
development of an acceptable plan of development as required in 
Sec. 2741.4(b) of this title. These casual acts include, but are not 
limited to:
    (1) Vehicle use on existing roads;
    (2) Sampling;
    (3) Surveys required for siting of structures or other improvements; 
and
    (4) Other activities which do not unduly disturb surface resources. 
If, however, the authorized officer determines that appreciable impacts 
to surface resources may occur, he/she may require the potential 
applicant to obtain a land use authorization permit with appropriate 
terms and conditions under the provision of part 2920 of this title.

[50 FR 50300, Dec. 10, 1985]

[[Page 228]]



Sec. 2741.4  Applications.

    (a) Applications shall be submitted on forms approved by the 
Director, Bureau of Land Management.
    (b) Each application shall be accompanied by three copies of a 
statement describing the proposed use of the land. The statement shall 
show that there is an established or definitely proposed project for 
such use of the land, present detailed plan and schedule for development 
of the project and a management plan which includes a description of how 
any revenues will be used. The provisions of Sec. 1821.2 of this title 
apply to filings pursuant to this section.
    (c) Each application shall be accompanied by a nonrefundable filing 
fee of $100. The filing fee shall be required for new applications as 
well as for applications for change of use or transfer of title filed 
under Sec. 2741.6 of this title.

[44 FR 43472, July 25, 1979. Redesignated and amended at 50 FR 50300, 
Dec. 10, 1985]



Sec. 2741.5  Guidelines for conveyances and leases under the act.

    (a) Public lands shall be conveyed or leased under the act only for 
an established or definitely proposed project for which there is a 
reasonable timetable of development and satisfactory development and 
management plans.
    (b) No public lands having national significance shall be conveyed 
pursuant to the act.
    (c) No more public lands than are reasonably necessary for the 
proposed use shall be conveyed pursuant to the act.
    (d) For proposals involving over 640 acres, public lands shall not 
be sold or leased pursuant to this act until:
    (1) Comprehensive land use plans and zoning regulations for the area 
in which the lands are located have been adopted by the appropriate 
State or local authorities.
    (2) The authorized officer has held at least one public meeting on 
the proposal.
    (e) Applications shall not be approved unless and until it has been 
determined that disposal under the act would serve the national interest 
following the planning requirements of section 202 of the Federal Land 
Policy and Management Act (43 U.S.C. 1712).
    (f) Public lands may be determined to be suitable for lease or sale 
under the act by the authorized officer on his own motion as a result of 
demonstrated public needs for public lands for recreational or public 
purposes during the planning process described in section 202 of the 
Federal Land Policy and Management Act.
    (g) Lands under the jurisdiction of another agency shall not be 
determined to be suitable for lease or sale without that agency's 
approval.
    (h)(1) A notice of realty action which shall serve as a 
classification of public lands as suitable or unsuitable for conveyance 
or lease under the act shall be issued, published and sent to parties of 
interest by the authorized officer not less than 60 days prior to the 
proposed effective date of the classification action. Notices specifying 
public lands classified as suitable shall include: the use proposed; 
whether the lands are to be conveyed or leased; and the terms, 
covenants, conditions and reservations which shall be included in the 
conveyance or lease document. The notice shall provide at least 45 days 
from the date of issuance for submission of public comments.
    (2) If the notice of realty action states that the lands are 
classified as suitable for conveyance or lease under the act, it shall 
segregate the public lands described in the notice from appropriation 
under any other public land law, including locations under the mining 
laws, except as provided in the notice or any amendments or revisions to 
the notice. If, after 18 months following the issuance of the notice, an 
application has not been filed for the purpose for which the public 
lands have been classified, the segregative effect of the classification 
shall automatically expire and the public lands classified in the notice 
shall return to their former status without further action by the 
authorized officer.
    (3) The notice of realty action shall be published once in the 
Federal Register and once a week for 3 weeks thereafter in a newspaper 
of general circulation in the vicinity of the public lands covered by 
the notice.
    (4) The notice published under Sec. 1610.5-5 of this title, if 
designated in the notice, shall serve as the notice of

[[Page 229]]

realty action required by this section and shall segregate the public 
lands as stated in the notice. Any such notice given under Sec. 1610.5-5 
of this title shall be published and distributed under the provisions of 
this section.
    (i) The Act shall not be used to provide sites for the disposal of 
permanent or long-term hazardous wastes.

[44 FR 43472, July 25, 1979. Redesignated at 51 FR 50300, Dec. 10, 1985, 
and amended at 50 FR 50301, Dec. 10, 1985; 51 FR 1795, Jan. 15, 1986; 57 
FR 32733, July 23, 1992]



Sec. 2741.6  Applications for transfer or change of use.

    (a) Applications under the act for permission to add to or change 
the use specified in a patent or applications to transfer title to a 
third party shall be filed as prescribed in Sec. 2741.4 of this title.
    (b) Applications for transfer of title are subject to the acreage 
limitations as prescribed in Sec. 2741.7(a) of this title.
    (c) Prior to approval of an application filed under this section, 
the public lands may be reappraised in accordance with Sec. 2741.8 of 
this title and the beneficiary required to make such payments as are 
found justified by the reappraisal.

[44 FR 43472, July 25, 1979. Redesignated at 51 FR 50300, Dec. 10, 1985, 
and amended at 50 FR 50301, Dec. 10, 1985]



Sec. 2741.7  Acreage limitations and general conditions.

    (a) Conveyances under the Act to any applicant in any one calendar 
year shall be limited as follows:
    (1) Any State or State agency having jurisdiction over the State 
park system may acquire not more than 6,400 acres for recreational 
purposes and such additional acreage as may be needed for small roadside 
parks and rest sites of 10 acres or less each.
    (2) Any State or agency or instrumentality of such State may acquire 
not more than 640 acres for each of its programs involving public 
purposes other than recreation.
    (3) Any politicial subdivision of a State may acquire for 
recreational purposes not more than 6,400 acres, and for public purposes 
other than recreation an additional 640 acres. In addition, any 
political subdivision of a State may acquire such additional acreage as 
may be needed for roadside parks and rest sites of not more than 10 
acres each.
    (4) If a State or political subdivision has failed in any one 
calendar year to receive 6,400 acres (not counting public lands for 
small roadside parks and rest sites) and had an application on file on 
the last day of that year, the State, State park agency or political 
subdivision may receive additional public lands to the extent that the 
conveyances would not have exceeded the limitations for that year.
    (5) Any nonprofit corporation or nonprofit association may acquire 
for recreational purposes not more than 640 acres and for public 
purposes other than recreation an additional 640 acres.
    (6) Acreage limitations described in this section do not apply to 
conveyances made under section 211 of the Federal Land Policy and 
Management Act of 1976.
    (b) Conveyances within any State shall not exceed 25,600 acres for 
recreational purposes per calendar year, except that should any State 
park agency or political subdivision fail in one calendar year to 
receive 6,400 acres other than small roadside parks and rest sites, 
additional conveyances may be made thereafter to that State park agency 
or political subdivision pursuant to any application on file on the last 
day of said year to the extent that the conveyances would not have 
exceeded the limitations of said year.
    (c) No patents shall be issued under the act unless and until the 
public lands are officially surveyed. This requirement does not apply to 
islands patented under the authority of section 211(a) of the Federal 
Land Policy and Management Act of 1976.

[44 FR 43472, July 25, 1979. Redesignated at 51 FR 50300, Dec. 10, 1985, 
and amended at 50 FR 50301, Dec. 10, 1985; 65 FR 70112, Nov. 21, 2000]



Sec. 2741.8  Price.

    (a) Conveyances for recreational or historic-monument purposes to a 
State, county, or other State or Federal instrumentality or political 
subdivision shall be issued without monetary consideration.

[[Page 230]]

    (b) All other conveyances shall be made at prices established by the 
Secretary of the Interior through appraisal or otherwise, taking into 
consideration the purpose for which the land is to be used.
    (c) Patents shall be issued only after payment of the full purchase 
price by a patent applicant.

[44 FR 43472, July 25, 1979. Redesignated at 50 FR 50300, Dec. 10, 1985]



Sec. 2741.9  Patent provisions.

    (a) All patents under the act shall provide that title shall revert 
upon a finding, after notice and opportunity for a hearing, that, 
without the approval of the authorized officer:
    (1) The patentee or its approved successor attempts to transfer 
title to or control over the lands to another;
    (2) The lands have been devoted to a use other than that for which 
the lands were conveyed;
    (3) The lands have not been used for the purpose for which they were 
conveyed for a 5-year period; or
    (4) The patentee has failed to follow the approved development plan 
or management plan.
    (b) Patents shall also provide that the Secretary of the Interior 
may take action to revest title in the United States if the patentee 
directly or indirectly permits his agents, employees, contractors, or 
subcontractors (including without limitation lessees, sublessees, and 
permittees) to prohibit or restrict the use of any part of the patented 
lands or any of the facilities thereon by any person because of such 
person's race, creed, color, sex or national origin.

[44 FR 43472, July 25, 1979. Redesignated at 50 FR 50300, Dec. 10, 1985]



   Subpart 2742_Recreation and Public Purposes Act: Omitted Lands and 
                           Unsurveyed Islands

    Source: 44 FR 41794, July 18, 1979, unless otherwise noted. 
Redesignated at 50 FR 50301, Dec. 10, 1985.



Sec. 2742.1  Lands subject to disposition.

    Omitted lands and unsurveyed islands may be conveyed to States and 
their local political subdivisions under the provisions of section 211 
of the Federal Land Policy and Management Act (43 U.S.C. 1721).

[50 FR 50301, Dec. 10, 1985]



Sec. 2742.2  Qualifications of applicants.

    States and their political subdivisions are qualified applicants.



Sec. 2742.3  Survey requirement.

    (a) Islands. (1) Survey is not necessary. However, unsurveyed 
islands shall be determined by the Secretary to be public lands of the 
United States.
    (2) Islands shall be surveyed at the request of the applicant, as 
provided in part 9185 of this chapter.
    (b) Determination as to whether lands, other than islands, are 
public lands of the United States erroneously or fraudulently omitted 
from the original surveys shall be by survey. Surveys shall be in 
accordance with the requirements of part 9185 of this title.



Sec. 2742.4  Conveyance limitations.

    (a) No conveyances shall be made under this section until the 
relevant State government, local government, and areawide planning 
agency have notified the Secretary as to the consistency of such 
conveyance with applicable State and local government land use plans and 
programs.
    (b) At least 60 days prior to offering for sale or otherwise 
conveying public lands under this section, the Secretary shall notify 
the Governor of the State within which such lands are located and the 
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 such lands are located in order to afford 
the appropriate body the opportunity to zone or otherwise regulate 
change or amend existing zoning or other regulations concerning the use 
of such lands prior to such conveyance.
    (c) Conveyances under this section may be made without regard to 
acreage limitations contained in the Recreation and Public Purposes Act.

[[Page 231]]



Sec. 2742.5  Consistency with other laws.

    The provision of the Recreation and Public Purposes Act prohibiting 
disposal for any use authorized under any other law does not apply to 
conveyances under this subpart.



  Subpart 2743_Recreation and Public Purposes Act: Solid Waste Disposal

    Source: 57 FR 32733, July 23, 1992, unless otherwise noted.



Sec. 2743.1  Applicable regulations.

    Unless the requested action falls within the provision of 
Sec. 2743.2(b), applications filed or actions taken under this subpart 
shall be subject to all the requirements set forth in subpart 2741 of 
this chapter except Secs. 2741.6 and 2741.9.



Sec. 2743.2  New disposal sites.

    (a) Public lands may be conveyed for the purpose of solid waste 
disposal or for any other purpose that the authorized officer determines 
may include the disposal, placement, or release of any hazardous 
substance subject to the following provisions:
    (1) The applicant shall furnish a copy of the application, plan of 
development, and any other information concerning the proposed use to 
all Federal and State agencies with responsibility for enforcement of 
laws applicable to lands used for the disposal, placement, or release of 
solid waste or any hazardous substance. The applicant shall include 
proof of this notification in the application filed with the authorized 
officer;
    (2) The proposed use covered by an application shall be consistent 
with the land use planning provisions contained in part 1600 of this 
title, and in compliance with the requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4371) and any other Federal 
and State laws and regulations applicable to the disposal of solid 
wastes and hazardous substances;
    (3) Conveyance shall be made only of lands classified for sale 
pursuant to the procedures and criteria in part 2400 of this title;
    (4) The applicant shall warrant that it will indemnify and hold the 
United States harmless against any liability that may arise out of any 
violation of Federal or State law in connection with the use of the 
lands;
    (5) The authorized officer shall investigate the lands covered by an 
application to determine whether or not any hazardous substance is 
present. The authorized officer will require full reimbursement from the 
applicant for the costs of the investigation. The authorized officer 
may, in his or her discretion, make an exception to the requirement of 
full reimbursement if the applicant demonstrates that such costs would 
result in undue hardship. The investigation shall include but not be 
limited to:
    (i) A review of available records related to the history and use of 
the land;
    (ii) A visual inspection of the property; and
    (iii) An appropriate analysis of the soil, water and air associated 
with the area;
    (6) The investigation conducted under paragraph (a)(5) of this 
section must disclose no hazardous substances and there is a reasonable 
basis to believe that no such substances are present; and
    (7) The applicant shall present certification from the State agency 
or agencies responsible for environmental protection and enforcement 
that they have reviewed all records, inspection reports, studies, and 
other materials produced or considered in the course of the 
investigation and that based on these documents, such agency or agencies 
agree with the authorized officer that no hazardous substances are 
present on the property.
    (b) The authorized officer shall not convey public lands covered by 
an application if hazardous substances are known to be present.
    (c) The authorized officer shall retain as permanent records all 
environmental analyses and appropriate documentation, investigation 
reports, State certifications, and other materials produced or 
considered in determining the suitability of public lands for conveyance 
under this section.

[[Page 232]]



Sec. 2743.2-1  Patent provisions for new disposal sites.

    For new disposal sites, each patent will provide that:
    (a) The patentee shall comply with all Federal and State laws 
applicable to the disposal, placement, or release of hazardous 
substances;
    (b) The patentee shall indemnify and hold harmless the United States 
against any legal liability or future costs that may arise out of any 
violation of such laws;
    (c) Except as provided in paragraph (e) of this section, the land 
conveyed under Sec. 2743.2 of this part shall revert to the United 
States unless substantially used in accordance with an approved plan and 
schedule of development on or before the date five years after the date 
of conveyance;
    (d) If, at any time, the patentee transfers to another party 
ownership of any portion of the land not used for the purpose(s) 
specified in the application and the approved plan of development, the 
patentee shall pay the Bureau of Land Management the fair market value, 
as determined by the authorized officer, of the transferred portion as 
of the date of transfer, including the value of any improvements 
thereon; and
    (e) No portion of the land covered by such patent shall under any 
circumstance revert to the United States if such portion has been used 
for solid waste disposal or for any other purpose that the authorized 
officer determines may result in the disposal, placement, or release of 
any hazardous substance.



Sec. 2743.3  Leased disposal sites.

    (a) Upon request by or with the concurrence of the lessee, the 
authorized officer may issue a patent for those lands covered by a 
lease, or portion thereof, issued on or before November 9, 1988, that 
have been or will be used, as specified in the plan of development, for 
solid waste disposal or for any other purpose that the authorized 
officer determines may result in or include the disposal, placement, or 
release of any hazardous substance, subject to the following provisions:
    (1) All conveyances shall be consistent with the land use planning 
provisions contained in part 1600 of this title, and in compliance with 
the requirements of the National Environmental Policy Act of 1969 (42 
U.S.C. 4371) and any other Federal and State laws and regulations 
applicable to the disposal of solid wastes and hazardous substances;
    (2) Conveyances shall be made only of lands classified for sale 
pursuant to the procedures and criteria in part 2400 of this title.
    (3) The authorized officer shall investigate the lands to be 
included in the patent to determine whether they are contaminated with 
hazardous substances. The authorized officer will require full 
reimbursement from the lessee for the costs of the investigation. The 
authorized officer may, in his or her discretion, make an exception to 
the requirement of full reimbursement if the applicant demonstrates that 
such costs would result in undue hardship. The investigation shall 
include but not be limited to the following:
    (i) A review of all records and inspection reports on file with the 
Bureau of Land Management, State, and local agencies relating to the 
history and use of the lands covered by a lease and any violations and 
enforcement problems that occurred during the term of the lease;
    (ii) Consultation with the lessee and users of the landfill 
concerning site management and a review of all reports and logs 
pertaining to the type and amount of solid waste deposited at the 
landfill;
    (iii) A visual inspection of the leased site; and
    (iv) An appropriate analysis of the soil, water and air associated 
with the area;
    (4) The investigation conducted under paragraph (a)(3) of this 
section must establish that the involved lands contain only those 
quantities and types of hazardous substances consistent with household 
wastes, or wastes from conditionally exempt small quantity generators 
(40 CFR 261.5), and there is a reasonable basis to believe that the 
contents of the leased disposal site do not threaten human health and 
the environment; and
    (5) The applicant shall present certification from the State agency 
or agencies responsible for environmental

[[Page 233]]

protection and enforcement that they have reviewed all records, 
inspection reports, studies, and other materials produced or considered 
in the course of the investigation and that based on these documents, 
such agency or agencies agree with the authorized officer that the 
contents of the leased disposal site in question do not threaten human 
health and the environment.
    (b) The authorized officer shall not convey lands identified in 
paragraph (a) of this section if the investigation concludes that the 
lands contain hazardous substances at concentrations that threaten human 
health and the environment.
    (c) The authorized officer shall retain as permanent records all 
environmental analyses and appropriate documentation, investigation 
reports, State certifications, and other materials produced or 
considered in determining the suitability of public lands for conveyance 
under this section.

[57 FR 32733, July 23, 1992, as amended at 73 FR 50201, Aug. 26, 2008]



Sec. 2743.3-1  Patent provisions for leased disposal sites.

    Each patent for a leased disposal site will provide that:
    (a) The patentee shall comply with all Federal and State laws 
applicable to the disposal, placement, or release of hazardous 
substances;
    (b) The patentee shall indemnify and hold harmless the United States 
against any legal liability or future costs that may arise out of any 
violation of such laws; and
    (c) No portion of the land covered by such patent shall under any 
circumstance revert to the United States.



Sec. 2743.4  Patented disposal sites.

    (a) Upon request by or with the concurrence of the patentee, the 
authorized officer may renounce the reversionary interests of the United 
States in land conveyed on or before November 9, 1988, and rescind any 
portion of any patent or other instrument of conveyance inconsistent 
with the renunciation upon a determination that such land has been used 
for solid waste disposal or for any other purpose that the authorized 
officer determines may result in the disposal, placement, or release of 
any hazardous substance.
    (b) If the patentee elects not to accept the renunciation of the 
reversionary interests, the provisions contained in Secs. 2741.6 and 
2741.9 shall continue to apply.



Group 2800_Use; Rights-of-Way--Table of Contents





PART 2800_RIGHTS-OF-WAY UNDER THE FEDERAL LAND POLICY AND MANAGEMENT
ACT--Table of Contents



                    Subpart 2801_General Information

Sec.
2801.2  What is the objective of BLM's right-of-way program?
2801.5  What acronyms and terms are used in the regulations in this 
          part?
2801.6  Scope.
2801.8  Severability.
2801.9  When do I need a grant?
2801.10  How do I appeal a BLM decision issued under the regulations in 
          this part?

              Subpart 2802_Lands Available for FLPMA Grants

2802.10  What lands are available for grants?
2802.11  How does the BLM designate right-of-way corridors and 
          designated leasing areas?

          Subpart 2803_Qualifications for Holding FLPMA Grants

2803.10  Who may hold a grant?
2803.11  Can another person act on my behalf?
2803.12  What happens to my application or grant if I die?

                 Subpart 2804_Applying for FLPMA Grants

2804.10  What should I do before I file my application?
2804.11  Where do I file my grant application?
2804.12  What must I do when submitting my application?
2804.13  Will BLM keep my information confidential?
2804.14  What is the processing fee for a grant application?
2804.15  When does BLM reevaluate the processing and monitoring fees?
2804.16  Who is exempt from paying processing and monitoring fees?
2804.17  What is a Master Agreement (Processing Category 5) and what 
          information must I provide to BLM when I request one?

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2804.18  What provisions do Master Agreements contain and what are their 
          limitations?
2804.19  How will BLM process my Processing Category 6 application?
2804.20  How does BLM determine reasonable costs for Processing Category 
          6 or Monitoring Category 6 applications?
2804.21  What other factors will BLM consider in determining processing 
          and monitoring fees?
2804.22  How will the availability of funds affect the timing of BLM's 
          processing?
2804.23  When will the BLM use a competitive process?
2804.24  Do I always have to submit an application for a grant using 
          Standard Form 299?
2804.25  How will BLM process my application?
2804.26  Under what circumstances may BLM deny my application?
2804.27  What fees must I pay if BLM denies my application or if I 
          withdraw my application?
2804.28  What processing fees must I pay for a BLM grant application 
          associated with Federal Energy Regulatory Commission (FERC) 
          licenses or re-license applications under part I of the 
          Federal Power Act (FPA)?
2804.29  What activities may I conduct on the lands covered by the 
          proposed right-of-way while BLM is processing my application?
2804.30  What is the competitive process for solar or wind energy 
          development for lands outside of designated leasing areas?
2804.31  How will the BLM call for site testing for solar and wind 
          energy?
2804.35  How will the BLM prioritize my solar or wind energy 
          application?
2804.40  Alternative requirements.

               Subpart 2805_Terms and Conditions of Grants

2805.10  How will I know whether the BLM has approved or denied my 
          application or if my bid for a solar or wind energy 
          development grant or lease is successful or unsuccessful?
2805.11  What does a grant contain?
2805.12  What terms and conditions must I comply with?
2805.13  When is a grant effective?
2805.14  What rights does a grant convey?
2805.15  What rights does the United States retain?
2805.16  If I hold a grant, what monitoring fees must I pay?
2805.17  When do I pay monitoring fees?
2805.20  Bonding requirements.

                 Subpart 2806_Annual Rents and Payments

                           General Provisions

2806.10  What rent must I pay for my grant?
2806.11  How will BLM charge me rent?
2806.12  When and where do I pay rent?
2806.13  What happens if I do not pay rents and fees or if I pay the 
          rents or fees late?
2806.14  Under what circumstances am I exempt from paying rent?
2806.15  Under what circumstances may BLM waive or reduce my rent?
2806.16  When must I make estimated rent payments to BLM?

                          Linear Rights-of-Way

2806.20  What is the rent for a linear right-of-way grant?
2806.21  When and how are counties or other geographical areas assigned 
          to a County Zone Number and Per Acre Zone Value?
2806.22  When and how does the Per Acre Rent Schedule change?
2806.23  How will the BLM calculate my rent for linear rights-of-way the 
          Per Acre Rent Schedule covers?
2806.24  How must I make rental payments for a linear grant?
2806.25  How may I make rental payments when land encumbered by my 
          perpetual linear grant (other than an easement issued under 
          Sec. 2807.15(b)) is being transferred out of Federal 
          ownership?
2806.26  How may I make rental payments when land encumbered by my 
          perpetual easement issued under Sec. 2807.15(b) is being 
          transferred out of Federal ownership?

                    Communication Site Rights-of-Way

2806.30  What are the rents for communication site rights-of-way?
2806.31  How will BLM calculate rent for a right-of-way for 
          communication uses in the schedule?
2806.32  How does BLM determine the population strata served?
2806.33  How will BLM calculate the rent for a grant or lease 
          authorizing a single use communication facility?
2806.34  How will BLM calculate the rent for a grant or lease 
          authorizing a multiple-use communication facility?
2806.35  How will BLM calculate rent for private mobile radio service 
          (PMRS), internal microwave, and 'other'' category uses?
2806.36  If I am a tenant or customer in a facility, must I have my own 
          grant or lease and if so, how will this affect my rent?
2806.37  How will BLM calculate rent for a grant or lease involving an 
          entity with a single use (holder or tenant) having equipment 
          or occupying space in multiple BLM-authorized facilities to 
          support that single use?

[[Page 235]]

2806.38  Can I combine multiple grants or leases for facilities located 
          on one site into a single grant or lease?
2806.39  How will BLM calculate rent for a lease for a facility 
          manager's use?
2806.40  How will BLM calculate rent for a grant or lease for ancillary 
          communication uses associated with communication uses on the 
          rent schedule?
2806.41  How will BLM calculate rent for communication facilities 
          ancillary to a linear grant or other use authorization?
2806.42  How will BLM calculate rent for a grant or lease authorizing a 
          communication use within a federally-owned communication 
          facility?
2806.43  How does BLM calculate rent for passive reflectors and local 
          exchange networks?
2806.44  How will BLM calculate rent for a facility owner's or facility 
          manager's grant or lease which authorizes communication uses?

                       Solar Energy Rights-of-Way

2806.50  Rents and fees for solar energy rights-of-way.
2806.51  Scheduled Rate Adjustment.
2806.52  Rents and fees for solar energy development grants.
2806.54  Rents and fees for solar energy development leases.
2806.56  Rent for support facilities authorized under separate grant(s).
2806.58  Rent for energy development testing grants.

                        Wind Energy Rights-of-Way

2806.60  Rents and fees for wind energy rights-of-way.
2806.61  Scheduled Rate Adjustment.
2806.62  Rents and fees for wind energy development grants.
2806.64  Rents and fees for wind energy development leases.
2806.66  Rent for support facilities authorized under separate grant(s).
2806.68  Rent for energy development testing grants.

                           Other Rights-of-Way

2806.70  How will the BLM determine the payment for a grant or lease 
          when the linear, communication use, solar energy, or wind 
          energy payment schedules do not apply?

             Subpart 2807_Grant Administration and Operation

2807.10  When can I start activities under my grant?
2807.11  When must I contact BLM during operations?
2807.12  If I hold a grant, for what am I liable?
2807.13  As grant holders, what liabilities do state, tribal, and local 
          governments have?
2807.14  How will BLM notify me if someone else wants a grant for land 
          subject to my grant or near or adjacent to it?
2807.15  How is grant administration affected if the land my grant 
          encumbers is transferred to another Federal agency or out of 
          Federal ownership?
2807.16  Under what conditions may BLM order an immediate temporary 
          suspension of my activities?
2807.17  Under what conditions may BLM suspend or terminate my grant?
2807.18  How will I know that BLM intends to suspend or terminate my 
          grant?
2807.19  When my grant terminates, what happens to any facilities on it?
2807.20  When must I amend my application, seek an amendment of my 
          grant, or obtain a new grant?
2807.21  May I assign or make other changes to my grant or lease?
2807.22  How do I renew my grant or lease?

                          Subpart 2808_Trespass

2808.10  What is trespass?
2808.11  What will BLM do if it determines that I am in trespass?
2808.12  May I receive a grant if I am or have been in trespass?

Subpart 2809_Competitive Process for Leasing Public Lands for Solar and 
         Wind Energy Development Inside Designated Leasing Areas

2809.10  General.
2809.11  How will the BLM solicit nominations?
2809.12  How will the BLM select and prepare parcels?
2809.13  How will the BLM conduct competitive offers?
2809.14  What types of bids are acceptable?
2809.15  How will the BLM select the successful bidder?
2809.16  When do variable offsets apply?
2809.17  Will the BLM ever reject bids or re-conduct a competitive 
          offer?
2809.18  What terms and conditions apply to leases?
2809.19  Applications in designated leasing areas or on lands that later 
          become designated leasing areas.

    Authority: 43 U.S.C. 1733, 1740, 1763, and 1764.

    Source: 70 FR 21058, Apr. 22, 2005, unless otherwise noted.

[[Page 236]]



                    Subpart 2801_General information



Sec. 2801.2  What is the objective of BLM's right-of-way program?

    It is BLM's objective to grant rights-of-way under the regulations 
in this part to any qualified individual, business, or government entity 
and to direct and control the use of rights-of-way on public lands in a 
manner that:
    (a) Protects the natural resources associated with public lands and 
adjacent lands, whether private or administered by a government entity;
    (b) Prevents unnecessary or undue degradation to public lands;
    (c) Promotes the use of rights-of-way in common considering 
engineering and technological compatibility, national security, and land 
use plans; and
    (d) Coordinates, to the fullest extent possible, all BLM actions 
under the regulations in this part with state and local governments, 
interested individuals, and appropriate quasi-public entities.



Sec. 2801.5  What acronyms and terms are used in the regulations
in this part?

    (a) Acronyms. As used in this part:
    ALJ means Administrative Law Judge.
    BLM means the Bureau of Land Management.
    CERCLA means the Comprehensive Environmental Response Compensation 
and Liability Act (42 U.S.C. 9601 et seq.).
    EA means environmental assessment.
    EIS means environmental impact statement.
    IBLA means the Department of the Interior, Board of Land Appeals.
    IPD-GDP means the Implicit Price Deflator, Gross Domestic Product, 
as published in the most recent edition of the Survey of Current 
Business of the Department of Commerce, Bureau of Economic Analysis.
    NEPA means the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.).
    RMA means the Ranally Metro Area Population Ranking as published in 
the most recent edition of the Rand McNally Commercial Atlas and 
Marketing Guide.
    (b) Terms. As used in this part, the term:
    Acreage rent means rent assessed for solar and wind energy 
development grants and leases that is determined by the number of acres 
authorized for the grant or lease.
    Act means the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.).
    Actual costs means the financial measure of resources the Federal 
government expends or uses in processing a right-of-way application or 
in monitoring the construction, operation, and termination of a facility 
authorized by a grant or permit. Actual costs includes both direct and 
indirect costs, exclusive of management overhead costs.
    Application filing fee means a filing fee specific to solar and wind 
energy applications. This fee is an initial payment for the reasonable 
costs for processing, inspecting, and monitoring a right-of-way.
    Assignment means the transfer, in whole or in part, of any right or 
interest in a right-of-way grant or lease from the holder (assignor) to 
a subsequent party (assignee) with the BLM's written approval. A change 
in ownership of the grant or lease, or other related change-in-control 
transaction involving the holder, including a merger or acquisition, 
also constitutes an assignment for purposes of these regulations 
requiring the BLM's written approval, unless applicable statutory 
authority provides otherwise.
    Base rent means the dollar amount required from a grant or lease 
holder on BLM managed lands based on the communication use with the 
highest value in the associated facility or facilities, as calculated 
according to the communication use rent schedule. If a facility 
manager's or facility owner's scheduled rent is equal to the highest 
rent charged a tenant in the facility or facilities, then the facility 
manager's or facility owner's use determines the dollar amount of the 
base rent. Otherwise, the facility owner's, facility manager's, 
customer's, or tenant's use with the highest value, and which is not 
otherwise excluded from rent, determines the base rent.

[[Page 237]]

    Casual use means activities ordinarily resulting in no or negligible 
disturbance of the public lands, resources, or improvements. Examples of 
casual use include: Surveying, marking routes, and collecting data to 
use to prepare grant applications.
    Commercial purpose or activity refers to the circumstance where a 
holder attempts to produce a profit by allowing the use of its 
facilities by an additional party. BLM may assess an appropriate rent 
for such commercial activities. The holder's use may not otherwise be 
subject to rent charges under BLM's rental provisions.
    Communication use rent schedule is a schedule of rents for the 
following types of communication uses, including related technologies, 
located in a facility associated with a particular grant or lease. All 
use categories include ancillary communications equipment, such as 
internal microwave or internal one-or two-way radio, that are directly 
related to operating, maintaining, and monitoring the primary uses 
listed below. The Federal Communications Commission (FCC) may or may not 
license the primary uses. The type of use and community served, 
identified on an FCC license, if one has been issued, do not supersede 
either the definitions in this subpart or the procedures in Sec. 2806.30 
of this part for calculating rent for communication facilities and uses 
located on public land:
    (1) Television broadcast means a use that broadcasts UHF and VHF 
audio and video signals for general public reception. This category does 
not include low-power television (LPTV) or rebroadcast devices, such as 
translators, or transmitting devices, such as microwave relays serving 
broadcast translators;
    (2) AM and FM radio broadcast means a use that broadcasts amplitude 
modulation (AM) or frequency modulation (FM) audio signals for general 
public reception. This category does not include low-power FM radio; 
rebroadcast devices, such as translators; or boosters or microwave 
relays serving broadcast translators;
    (3) Cable television means a use that transmits video programming to 
multiple subscribers in a community over a wired or wireless network. 
This category does not include rebroadcast devices that retransmit 
television signals of one or more television broadcast stations, or 
personal or internal antenna systems, such as private systems serving 
hotels and residences;
    (4) Broadcast translator, low-power television, and low-power FM 
radio means a use of translators, LPTV, or low-power FM radio (LPFM). 
Translators receive a television or FM radio broadcast signal and 
rebroadcast it on a different channel or frequency for local reception. 
In some cases the translator relays the true signal to an amplifier or 
another translator. LPTV and LPFM are broadcast translators that 
originate programming. This category also includes translators 
associated with public telecommunication services;
    (5) Commercial mobile radio service (CMRS)/facility manager means 
commercial mobile radio uses that provide mobile communication service 
to individual customers. Examples of CMRS include: Community repeaters, 
trunked radio (specialized mobile radio), two-way radio voice dispatch, 
public switched network (telephone/data) interconnect service, microwave 
communications link equipment, and other two-way voice and paging 
services. ``Facility Managers'' are grant or lease holders that lease 
building, tower, and related facility space to a variety of tenants and 
customers as part of the holder's business enterprise, but do not own or 
operate communication equipment in the facility for their own uses;
    (6) Cellular telephone means a system of mobile or fixed 
communication devices that use a combination of radio and telephone 
switching technology and provide public switched network services to 
fixed or mobile users, or both, within a defined geographic area. The 
system consists of one or more cell sites containing transmitting and 
receiving antennas, cellular base station radio, telephone equipment, or 
microwave communications link equipment. Examples of cellular telephone 
include: Personal Communication Service, Enhanced Specialized Mobile 
Radio, Improved Mobile Telephone Service, Air-to-Ground, Offshore Radio 
Telephone Service, Cell Site Extenders, and Local Multipoint 
Distribution Service;

[[Page 238]]

    (7) Private mobile radio service (PMRS) means uses supporting 
private mobile radio systems primarily for a single entity for mobile 
internal communications. PMRS service is not sold and is exclusively 
limited to the user in support of business, community activities, or 
other organizational communication needs. Examples of PMRS include: 
Private local radio dispatch, private paging services, and ancillary 
microwave communications equipment for controlling mobile facilities;
    (8) Microwave means communication uses that:
    (i) Provide long-line intrastate and interstate public telephone, 
television, and data transmissions; or
    (ii) Support the primary business of pipeline and power companies, 
railroads, land resource management companies, or wireless internet 
service provider (ISP) companies; and
    (9) Other communication uses means private communication uses, such 
as amateur radio, personal/private receive-only antennas, natural 
resource and environmental monitoring equipment, and other small, low-
power devices used to monitor or control remote activities;
    Customer means an occupant who is paying a facility manager, 
facility owner, or tenant for using all or any part of the space in the 
facility, or for communication services, and is not selling 
communication services or broadcasting to others. We consider persons or 
entities benefitting from private or internal communication uses located 
in a holder's facility as customers for purposes of calculating rent. 
Customer uses are not included in calculating the amount of rent owed by 
a facility owner, facility manager, or tenant, except as noted in 
Secs. 2806.34(b)(4) and 2806.42 of this part. Examples of customers 
include: Users of PMRS, users in the microwave category when the 
microwave use is limited to internal communications, and all users in 
the category of ``Other communication uses'' (see paragraph (a) of the 
definition of Communication Use Rent Schedule in this section).
    Designated leasing area means a parcel of land with specific 
boundaries identified by the BLM land use planning process as being a 
preferred location for solar or wind energy development that may be 
offered competitively.
    Designated right-of-way corridor means a parcel of land with 
specific boundaries identified by law, Secretarial order, the land use 
planning process, or other management decision, as being a preferred 
location for existing and future linear rights-of-way and facilities. 
The corridor may be suitable to accommodate more than one right-of-way 
use or facility, provided that they are compatible with one another and 
the corridor designation.
    Discharge has the meaning found at 33 U.S.C. 1321(a)(2) of the Clean 
Water Act.
    Facility means an improvement or structure, whether existing or 
planned, that is or would be owned and controlled by the grant or lease 
holder within a right-of-way. For purposes of communication site rights-
of-way or uses, facility means the building, tower, and related 
incidental structures or improvements authorized under the terms of the 
grant or lease.
    Facility manager means a person or entity that leases space in a 
facility to communication users and:
    (1) Holds a communication use grant or lease;
    (2) Owns a communications facility on lands covered by that grant or 
lease; and
    (3) Does not own or operate communications equipment in the facility 
for personal or commercial purposes.
    Facility owner means a person or entity that may or may not lease 
space in a facility to communication users and:
    (1) Holds a communication use grant or lease;
    (2) Owns a communications facility on lands covered by that grant or 
lease; and
    (3) Owns and operates his or her own communications equipment in the 
facility for personal or commercial purposes.
    Grant means any authorization or instrument (e.g., easement, lease, 
license, or permit) BLM issues under Title V of the Federal Land Policy 
and Management Act, 43 U.S.C. 1761 et seq., and those authorizations and 
instruments BLM and its predecessors issued for like purposes before 
October 21,

[[Page 239]]

1976, under then existing statutory authority. It does not include 
authorizations issued under the Mineral Leasing Act (30 U.S.C. 185).
    Hazardous material means:
    (1) Any substance or material defined as hazardous, a pollutant, or 
a contaminant under CERCLA at 42 U.S.C. 9601(14) and (33);
    (2) Any regulated substance contained in or released from 
underground storage tanks, as defined by the Resource Conservation and 
Recovery Act at 42 U.S.C. 6991;
    (3) Oil, as defined by the Clean Water Act at 33 U.S.C. 1321(a) and 
the Oil Pollution Act at 33 U.S.C. 2701(23); or
    (4) Other substances applicable Federal, state, tribal, or local law 
define and regulate as ``hazardous.''
    Holder means any entity with a BLM right-of-way authorization.
    Management overhead costs means Federal expenditures associated with 
a particular Federal agency's directorate. The BLM's directorate 
includes all State Directors and the entire Washington Office staff, 
except where a State Director or Washington Office staff member is 
required to perform work on a specific right-of-way case.
    Megawatt (MW) capacity fee means the fee paid in addition to the 
acreage rent for solar and wind energy development grants and leases. 
The MW capacity fee is the approved MW capacity of the solar or wind 
energy grant or lease multiplied by the appropriate MW rate. A grant or 
lease may provide for stages of development, and the grantee or lessee 
will be charged a fee for each stage by multiplying the MW rate by the 
approved MW capacity for the stage of the project.
    Megawatt rate means the price of each MW of capacity for various 
solar and wind energy technologies as determined by the MW rate formula. 
Current MW rates are found on the BLM's MW rate schedule, which can be 
obtained at any BLM office or at http://www.blm.gov. The MW rate is 
calculated by multiplying the total hours per year by the net capacity 
factor, by the MW hour (MWh) price, and by the rate of return, where:
    (1) Net capacity factor means the average operational time divided 
by the average potential operational time of a solar or wind energy 
development, multiplied by the current technology efficiency rates. The 
BLM establishes net capacity factors for different technology types but 
may determine another net capacity factor to be more appropriate, on a 
case-by-case or regional basis, to reflect changes in technology, such 
as a solar or wind project that employs energy storage technologies, or 
if a grant or lease holder or applicant is able to demonstrate that 
another net capacity factor is appropriate for a particular project or 
region. The net capacity factor for each technology type is:
    (i) Photovoltaic (PV)--20 percent;
    (ii) Concentrated photovoltaic (CPV) and concentrated solar power 
(CSP)--25 percent;
    (iii) CSP with storage capacity of 3 hours or more--30 percent; and
    (iv) Wind energy--35 percent;
    (2) Megawatt hour (MWh) price means the 5 calendar-year average of 
the annual weighted average wholesale prices per MWh for the major 
trading hubs serving the 11 western States of the continental United 
States (U.S.);
    (3) Rate of return means the relationship of income (to the property 
owner) to revenue generated from authorized solar and wind energy 
development facilities based on the 10-year average of the 20-year U.S. 
Treasury bond yield rounded to the nearest one-tenth percent; and
    (4) Hours per year means the total number of hours in a year, which, 
for purposes of this part, means 8,760 hours.
    Monetary value of the rights and privileges you seek means the 
objective value of the right-of-way or what the right-of-way grant is 
worth in financial terms to the applicant.
    Monitoring means those actions the Federal government performs to 
ensure compliance with the terms, conditions, and stipulations of a 
grant.
    (1) For Monitoring Categories 1 through 4, the actions include 
inspecting construction, operation, maintenance, and termination of 
permanent or temporary facilities and protection and rehabilitation 
activities until the holder completes rehabilitation of the right-of-way 
and BLM approves it;

[[Page 240]]

    (2) For Monitoring Category 5 (Master Agreements), those actions 
agreed to in the Master Agreement; and
    (3) For Monitoring Category 6, those actions agreed to between BLM 
and the applicant before BLM issues the grant.
    Performance and reclamation bond means the document provided by the 
holder of a right-of-way grant or lease that provides the appropriate 
financial guarantees, including cash, to cover potential liabilities or 
specific requirements identified by the BLM for the construction, 
operation, decommissioning, and reclamation of an authorized right-of-
way on public lands.
    (1) Acceptable bond instruments. The BLM will accept cash, cashier's 
or certified check, certificate or book entry deposits, negotiable U.S. 
Treasury securities, and surety bonds from the approved list of sureties 
(U.S. Treasury Circular 570) payable to the BLM. Irrevocable letters of 
credit payable to the BLM and issued by banks or financial institutions 
organized or authorized to transact business in the United States are 
also acceptable bond instruments. An insurance policy can also qualify 
as an acceptable bond instrument, provided that the BLM is a named 
beneficiary of the policy, and the BLM determines that the insurance 
policy will guarantee performance of financial obligations and was 
issued by an insurance carrier that has the authority to issue policies 
in the applicable jurisdiction and whose insurance operations are 
organized or authorized to transact business in the United States.
    (2) Unacceptable bond instruments. The BLM will not accept a 
corporate guarantee as an acceptable form of bond instrument.
    Public lands means any land and interest in land owned by the United 
States within the several states and administered by the Secretary of 
the Interior through BLM without regard to how the United States 
acquired ownership, except lands:
    (1) Located on the Outer Continental Shelf; and
    (2) Held for the benefit of Indians, Aleuts, and Eskimos.
    Reasonable costs has the meaning found at section 304(b) of the Act.
    Reclamation cost estimate (RCE) means the estimate of costs to 
restore the land to a condition that will support pre-disturbance land 
uses. This includes the cost to remove all improvements made under the 
right-of-way authorization, return the land to approximate original 
contour, and establish a sustainable vegetative community, as required 
by the BLM. The RCE will be used to establish the appropriate amount for 
financial guarantees of land uses on the public lands, including those 
uses authorized by right-of-way grants or leases issued under this part.
    Release has the meaning found at 42 U.S.C. 9601(22) of CERCLA.
    Right-of-way means the public lands that the BLM authorizes a holder 
to use or occupy under a particular grant or lease.
    Screening criteria for solar and wind energy development refers to 
the policies and procedures that the BLM uses to prioritize how it 
processes solar and wind energy development right-of-way applications to 
facilitate the environmentally responsible development of such 
facilities through the consideration of resource conflicts, land use 
plans, and applicable statutory and regulatory requirements. 
Applications for projects with lesser resource conflicts are anticipated 
to be less costly and time-consuming for the BLM to process and will be 
prioritized over those with greater resource conflicts.
    Short-term right-of-way grant means any grant issued for a term of 3 
years or less for such uses as storage sites, construction areas, and 
site testing and monitoring activities, including site characterization 
studies and environmental monitoring.
    Site means an area, such as a mountaintop, where a holder locates 
one or more communication or other right-of-way facilities.
    Substantial deviation means a change in the authorized location or 
use which requires:
    (1) Construction or use outside the boundaries of the right-of-way; 
or
    (2) Any change from, or modification of, the authorized use. 
Examples of substantial deviation include: Adding equipment, overhead or 
underground lines, pipelines, structures, or other facilities not 
included in the original grant.

[[Page 241]]

    Tenant means an occupant who is paying a facility manager, facility 
owner, or other entity for occupying and using all or any part of a 
facility. A tenant operates communication equipment in the facility for 
profit by broadcasting to others or selling communication services. For 
purposes of calculating the amount of rent that BLM charges, a tenant's 
use does not include:
    (1) Private mobile radio or internal microwave use that is not being 
sold; or
    (2) A use in the category of ``Other Communication Uses'' (see 
paragraph (a) of the definition of Communication Use Rent Schedule in 
this section).
    Third party means any person or entity other than BLM, the 
applicant, or the holder of a right-of-way authorization.
    Tramway means a system for carrying passengers, logs, or other 
material using traveling carriages or cars suspended from an overhead 
cable or cables supported by a series of towers, hangers, tailhold 
anchors, guyline trees, etc.
    Transportation and utility corridor means a parcel of land, without 
fixed limits or boundaries, that holders use as the location for one or 
more transportation or utility rights-of-way.
    Zone means one of eight geographic groupings necessary for linear 
right-of-way rent assessment purposes, covering all lands in the 
contiguous United States.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92205, Dec. 19, 2016]



Sec. 2801.6  Scope.

    (a) What do these regulations apply to? The regulations in this part 
apply to:
    (1) Grants for necessary transportation or other systems and 
facilities which are in the public interest and which require the use of 
public lands for the purposes identified in 43 U.S.C. 1761, and 
administering, amending, assigning, renewing, and terminating them;
    (2) Grants to Federal departments or agencies for all systems and 
facilities identified inSec. 2801.9(a), including grants for 
transporting by pipeline and related facilities, commodities such as 
oil, natural gas, synthetic liquid or gaseous fuels, and any refined 
products produced from them; and
    (3) Grants issued on or before October 21, 1976, under then existing 
statutory authority, unless application of these regulations would 
diminish or reduce any rights conferred by the original grant or the 
statute under which it was issued. Where there would be a diminishment 
or reduction in any right, the grant or statute applies.
    (b) What don't these regulations apply to? The regulations in this 
part do not apply to:
    (1) Federal Aid Highways, for which Federal Highway Administration 
procedures apply;
    (2) Roads constructed or used according to reciprocal and cost share 
road use agreement under subpart 2812 of this chapter;
    (3) Lands within designated wilderness areas, although BLM may 
authorize some uses under parts 2920 and 6300 of this chapter;
    (4) Grants to holders other than Federal departments or agencies for 
transporting by pipeline and related facilities oil, natural gas, 
synthetic liquid or gaseous fuels, or any refined product produced from 
them (see part 2880 of this chapter);
    (5) Public highways constructed under the authority of Revised 
Statute (R.S.) 2477 (43 U.S.C. 932, repealed October 21, 1976);
    (6) Reservoirs, canals, and ditches constructed under the authority 
of R.S. 2339 and R.S. 2340 (43 U.S.C. 661, repealed in part, October 21, 
1976); or
    (7)(i) Any project or portion of a project that, prior to October 
24, 1992, was licensed under, or granted an exemption from, part I of 
the Federal Power Act (FPA) (16 U.S.C. 791a et seq.) which:
    (A) Is located on lands subject to a reservation under section 24 
(16 U.S.C. 818) of the FPA;
    (B) Did not receive a grant under Title V of the Federal Land Policy 
and Management Act (FLPMA) before October 24, 1992; and
    (C) Includes continued operation of such project (license renewal) 
under section 15 (16 U.S.C. 808) of the FPA;
    (ii) Paragraph (b)(7)(i) of this section does not apply to any 
additional public

[[Page 242]]

lands the project uses that are not subject to the reservation in 
paragraph (b)(7)(i)(A) of this section.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92207, Dec. 19, 2016]



Sec. 2801.8  Severability.

    If a court holds any provisions of the regulations in this part or 
their applicability to any person or circumstances invalid, the 
remainder of these rules and their applicability to other people or 
circumstances will not be affected.



Sec. 2801.9  When do I need a grant?

    (a) You must have a grant under this part when you plan to use 
public lands for systems or facilities over, under, on, or through 
public lands. These include, but are not limited to:
    (1) Reservoirs, canals, ditches, flumes, laterals, pipelines, 
tunnels, and other systems which impound, store, transport, or 
distribute water;
    (2) Pipelines and other systems for transporting or distributing 
liquids and gases, other than water and other than oil, natural gas, 
synthetic liquid or gaseous fuels, or any refined products from them, or 
for storage and terminal facilities used in connection with them;
    (3) Pipelines, slurry and emulsion systems, and conveyor belts for 
transporting and distributing solid materials and facilities for storing 
such materials in connection with them;
    (4) Systems for generating, transmitting, and distributing 
electricity, including solar and wind energy development facilities and 
associated short-term actions, such as site and geotechnical testing for 
solar and wind energy projects;
    (5) Systems for transmitting or receiving electronic signals and 
other means of communication;
    (6) Transportation systems, such as roads, trails, highways, 
railroads, canals, tunnels, tramways, airways, and livestock driveways; 
and
    (7) Such other necessary transportation or other systems or 
facilities, including any temporary or short-term surface disturbing 
activities associated with approved systems or facilities, which are in 
the public interest and which require rights-of-way.
    (b) If you apply for a right-of-way grant for generating, 
transmitting, and distributing electricity, you must also comply with 
the applicable requirements of the Federal Energy Regulatory Commission 
under the Federal Power Act of 1935, 16 U.S.C. 791a et seq., and 18 CFR 
chapter I.
    (c) See part 2880 of this chapter for information about 
authorizations BLM issues under the Mineral Leasing Act for transporting 
oil and gas resources.
    (d) All systems, facilities, and related activities for solar and 
wind energy projects are specifically authorized as follows:
    (1) Energy site-specific testing activities, including those with 
individual meteorological towers and instrumentation facilities, are 
authorized with a short-term right-of-way grant issued for 3 years or 
less;
    (2) Energy project-area testing activities are authorized with a 
short-term right-of-way grant for an initial term of 3 years or less 
with the option to renew for one additional 3-year period under 
Sec. 2805.14(h) when the renewal application is accompanied by an energy 
development application;
    (3) Solar and wind energy development facilities located outside 
designated leasing areas, and those facilities located inside designated 
leasing areas under Sec. 2809.17(d)(2), are authorized with a right-of-
way grant issued for up to 30 years (plus the initial partial year of 
issuance). An application for renewal of the grant may be submitted 
under Sec. 2805.14(g);
    (4) Solar and wind energy development facilities located inside 
designated leasing areas are authorized with a solar or wind energy 
development lease when issued competitively under subpart 2809. The term 
is fixed for 30 years (plus the initial partial year of issuance). An 
application for renewal of the lease may be submitted under 
Sec. 2805.14(g); and
    (5) Other associated actions not specifically included in 
Sec. 2801.9(d)(1) through (4), such as geotechnical testing and other 
temporary land disturbing activities, are authorized with a short-term 
right-of-way grant issued for 3 years or less.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92207, Dec. 19, 2016]

[[Page 243]]



Sec. 2801.10  How do I appeal a BLM decision issued under the
regulations in this part?

    (a) You may appeal a BLM decision issued under the regulations in 
this part in accordance with part 4 of this title.
    (b) All BLM decisions under this part remain in effect pending 
appeal unless the Secretary of the Interior rules otherwise, or as noted 
in this part. You may petition for a stay of a BLM decision under this 
part with the Office of Hearings and Appeals, Department of the 
Interior. Unless otherwise noted in this part, BLM will take no action 
on your application while your appeal is pending.



              Subpart 2802_Lands Available for FLPMA Grants



Sec. 2802.10  What lands are available for grants?

    (a) In its discretion, BLM may grant rights-of-way on any lands 
under its jurisdiction except when:
    (1) A statute, regulation, or public land order specifically 
excludes rights-of-way;
    (2) The lands are specifically segregated or withdrawn from right-
of-way uses; or
    (3) BLM identifies areas in its land use plans or in the analysis of 
an application as inappropriate for right-of-way uses.
    (b) BLM may require common use of a right-of-way and may require, to 
the extent practical, location of new rights-of-way within existing or 
designated right-of-way corridors (see Sec. 2802.11 of this subpart). 
Safety and other considerations may limit the extent to which you may 
share a right-of-way. BLM will designate right-of-way corridors through 
land use plan decisions.
    (c) You should contact the BLM office nearest the lands you seek to 
use to:
    (1) Determine whether or not the land you want to use is available 
for that use; and
    (2) Begin discussions about any application you may need to file.



Sec. 2802.11  How does the BLM designate right-of-way corridors
and designated leasing areas?

    (a) The BLM may determine the locations and boundaries of right-of-
way corridors or designated leasing areas during the land use planning 
process described in part 1600 of this chapter. During this process, the 
BLM coordinates with other Federal agencies, State, local, and tribal 
governments, and the public to identify resource-related issues, 
concerns, and needs. The process results in a resource management plan 
or plan amendment, which addresses the extent to which you may use 
public lands and resources for specific purposes.
    (b) When determining which lands may be suitable for right-of-way 
corridors or designated leasing areas, the factors the BLM considers 
include, but are not limited to, the following:
    (1) Federal, state, and local land use plans, and applicable 
Federal, state, local, and tribal laws;
    (2) Environmental impacts on cultural resources and natural 
resources, including air, water, soil, fish, wildlife, and vegetation;
    (3) Physical effects and constraints on corridor placement or 
leasing areas due to geology, hydrology, meteorology, soil, or land 
forms;
    (4) Costs of construction, operation, and maintenance and costs of 
modifying or relocating existing facilities in a proposed right-of-way 
corridor or designated leasing area (i.e., the economic efficiency of 
placing a right-of-way within a proposed corridor or providing a lease 
inside a designated leasing area);
    (5) Risks to national security;
    (6) Potential health and safety hazards imposed on the public by 
facilities or activities located within the proposed right-of-way 
corridor or designated leasing area;
    (7) Social and economic impacts of the right-of-way corridor or 
designated leasing area on public land users, adjacent landowners, and 
other groups or individuals;
    (8) Transportation and utility corridor studies previously developed 
by user groups; and

[[Page 244]]

    (9) Engineering and technological compatibility of proposed and 
existing facilities.
    (c) BLM may designate any transportation and utility corridor 
existing prior to October 21, 1976, as a transportation and utility 
corridor without further review.
    (d) The resource management plan or plan amendment may also identify 
areas where the BLM will not allow right-of-way corridors or designated 
leasing areas for environmental, safety, or other reasons.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92207, Dec. 20, 2016]



          Subpart 2803_Qualifications for Holding FLPMA Grants



Sec. 2803.10  Who may hold a grant?

    To hold a grant under these regulations, you must be:
    (a) An individual, association, corporation, partnership, or similar 
business entity, or a Federal agency or state, tribal, or local 
government;
    (b) Technically and financially able to construct, operate, 
maintain, and terminate the use of the public lands you are applying 
for; and
    (c) Of legal age and authorized to do business in the state where 
the right-of-way you seek is located.



Sec. 2803.11  Can another person act on my behalf?

    Another person may act on your behalf if you have authorized the 
person to do so under the laws of the state where the right-of-way is or 
will be located.



Sec. 2803.12  What happens to my application or grant if I die?

    (a) If an applicant or grant holder dies, any inheritable interest 
in an application or grant will be distributed under state law.
    (b) If the distributee of a grant is not qualified to hold a grant 
under Sec. 2803.10 of this subpart, BLM will recognize the distributee 
as grant holder and allow the distributee to hold its interest in the 
grant for up to two years. During that period, the distributee must 
either become qualified or divest itself of the interest.



                 Subpart 2804_Applying for FLPMA Grants



Sec. 2804.10  What should I do before I file my application?

    (a) Before filing an application with BLM, we encourage you to make 
an appointment for a preapplication meeting with the appropriate 
personnel in the BLM field office having jurisdiction over the lands you 
seek to use. During the preapplication meeting, BLM can:
    (1) Identify potential routing and other constraints;
    (2) Determine whether the lands are located inside a designated or 
existing right-of-way corridor or a designated leasing area;
    (3) Tentatively schedule the processing of your proposed 
application; and
    (4) Inform you of your financial obligations, such as processing and 
monitoring costs and rents.
    (b) Subject to Sec. 2804.13 of this subpart, BLM may share any 
information you provide under paragraph (a) of this section with 
Federal, state, tribal, and local government agencies to ensure that:
    (1) These agencies are aware of any authorizations you may need from 
them; and
    (2) We initiate effective coordinated planning as soon as possible.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92207, Dec. 19, 2016]



Sec. 2804.11  Where do I file my grant application?

    (a) You must file the grant application in the BLM field office 
having jurisdiction over the lands affected by your application.
    (b) If your application affects more than one BLM administrative 
unit, you may file at any BLM office having jurisdiction over any part 
of the project. BLM will notify you where to direct subsequent 
communications.



Sec. 2804.12  What must I do when submitting my application?

    (a) File your application on Standard Form 299, available from any 
BLM office or at http://www.blm.gov, and fill in the required 
information as completely as possible. Your completed application must 
include the following:

[[Page 245]]

    (1) A description of the project and the scope of the facilities;
    (2) The estimated schedule for constructing, operating, maintaining, 
and terminating the project;
    (3) The estimated life of the project and the proposed construction 
and reclamation techniques;
    (4) A map of the project, showing its proposed location and existing 
facilities adjacent to the proposal;
    (5) A statement of your financial and technical capability to 
construct, operate, maintain, and terminate the project;
    (6) Any plans, contracts, agreements, or other information 
concerning your use of the right-of-way and its effect on competition;
    (7) A statement certifying that you are of legal age and authorized 
to do business in the State(s) where the right-of-way would be located 
and that you have submitted correct information to the best of your 
knowledge; and
    (8) A schedule for the submission of a plan of development (POD) 
conforming to the POD template at http://www.blm.gov, should the BLM 
require you to submit a POD under Sec. 2804.25(c).
    (b) When submitting an application for a solar or wind energy 
development project or for a transmission line project with a capacity 
of 100 kV or more, in addition to the information required in paragraph 
(a) of this section, you must:
    (1) Include a general description of the proposed project and a 
schedule for the submission of a POD conforming to the POD template at 
http://www.blm.gov;
    (2) Address all known potential resource conflicts with sensitive 
resources and values, including special designations or protections, and 
include applicant-proposed measures to avoid, minimize, and compensate 
for such resource conflicts, if any;
    (3) Initiate early discussions with any grazing permittees that may 
be affected by the proposed project in accordance with 43 CFR 4110.4-
2(b); and
    (4) Within 6 months from the time the BLM receives the cost recovery 
fee under Sec. 2804.14, schedule and hold two preliminary application 
review meetings as follows:
    (i) The first meeting will be with the BLM to discuss the general 
project proposal, the status of BLM land use planning for the lands 
involved, potential siting issues or concerns, potential environmental 
issues or concerns, potential alternative site locations and the right-
of-way application process;
    (ii) The second meeting will be with appropriate Federal and State 
agencies and tribal and local governments to facilitate coordination of 
potential environmental and siting issues and concerns; and
    (iii) You and the BLM may agree to hold additional preliminary 
application review meetings.
    (c) When submitting an application for a solar or wind energy 
project under this subpart rather than subpart 2809, you must:
    (1) Propose a project sited on lands outside a designated leasing 
area, except as provided for by Sec. 2809.19; and
    (2) Pay an application filing fee of $15 per acre for solar or wind 
energy development applications and $2 per acre for energy project-area 
testing applications. The BLM will refund your fee, except for the 
reasonable costs incurred on your behalf, if you are the unsuccessful 
bidder in a competitive offer held under Sec. 2804.30 or subpart 2809. 
The BLM will adjust the application filing fee at least once every 10 
years using the change in the Implicit Price Deflator, Gross Domestic 
Product (IPD-GDP) for the preceding 10-year period and round it to the 
nearest one-half dollar. This 10-year average will be adjusted at the 
same time as the Per Acre Rent Schedule for linear rights-of-way under 
Sec. 2806.22.
    (d) If you are unable to meet a requirement of the application 
outlined in this section, you may submit a request for an alternative 
requirement under Sec. 2804.40.
    (e) If you are a business entity, you must also submit the following 
information:
    (1) Copies of the formal documents creating the entity, such as 
articles of incorporation, and including the corporate bylaws;
    (2) Evidence that the party signing the application has the 
authority to bind the applicant;

[[Page 246]]

    (3) The name and address of each participant in the business;
    (4) The name and address of each shareholder owning 3 percent or 
more of the shares and the number and percentage of any class of voting 
shares of the entity which such shareholder is authorized to vote;
    (5) The name and address of each affiliate of the business;
    (6) The number of shares and the percentage of any class of voting 
stock owned by the business, directly or indirectly, in any affiliate 
controlled by the business;
    (7) The number of shares and the percentage of any class of voting 
stock owned by an affiliate, directly or indirectly, in the business 
controlled by the affiliate; and
    (8) If you have already provided the information in paragraphs 
(b)(1) through (7) of this section to the BLM and the information 
remains accurate, you need only reference the BLM serial number under 
which you previously filed it.
    (f) The BLM may require you to submit additional information at any 
time while processing your application. See Sec. 2884.11(c) of this 
chapter for the type of information we may require.
    (g) If you are a Federal oil and gas lessee or operator and you need 
a right-of-way for access to your production facilities or oil and gas 
lease, you may include your right-of-way requirements with your 
Application for Permit to Drill or Sundry Notice required under parts 
3160 through 3190 of this chapter.
    (h) If you are filing with another Federal agency for a license, 
certificate of public convenience and necessity, or other authorization 
for a project involving a right-of-way on public lands, simultaneously 
file an application with the BLM for a grant. Include a copy of the 
materials, or reference all the information, you filed with the other 
Federal agency.
    (i) Inter-agency coordination. You may request, in writing, an 
exemption from the requirements of this section if you can demonstrate 
to the BLM that you have satisfied similar requirements by participating 
in an inter-agency coordination process with another Federal, State, 
local, or Tribal authority. No exemption is approved until you receive 
BLM approval in writing.

[81 FR 92207, Dec. 19, 2016]



Sec. 2804.13  Will BLM keep my information confidential?

    BLM will keep confidential any information in your application that 
you mark as ``confidential'' or ``proprietary'' to the extent allowed by 
law.



Sec. 2804.14  What is the processing fee for a grant application?

    (a) Unless you are exempt under Sec. 2804.16, you must pay a fee to 
the BLM for the reasonable costs of processing your application. Subject 
to applicable laws and regulations, if processing your application 
involves Federal agencies other than the BLM, your fee may also include 
the reasonable costs estimated to be incurred by those Federal agencies. 
Instead of paying the BLM a fee for the reasonable costs incurred by 
other Federal agencies in processing your application, you may pay other 
Federal agencies directly for such costs. Reasonable costs are those 
costs as defined in Section 304(b) of FLPMA (43 U.S.C. 1734(b)). The 
fees for Processing Categories 1 through 4 (see paragraph (b) of this 
section) are one-time fees and are not refundable. The fees are 
categorized based on an estimate of the amount of time that the Federal 
Government will expend to process your application and issue a decision 
granting or denying the application.
    (b) There is no processing fee if the Federal Government's work is 
estimated to take 1 hour or less. Processing fees are based on 
categories. The BLM will update the processing fees for Categories 1 
through 4 in the schedule each calendar year, based on the previous 
year's change in the IPD-GDP, as measured second quarter to second 
quarter, rounded to the nearest dollar. The BLM will update Category 5 
processing fees as specified in the Master Agreement. These categories 
and the estimated range of Federal work hours for each category are:

[[Page 247]]



                          Processing Categories
------------------------------------------------------------------------
            Processing category              Federal work hours involved
------------------------------------------------------------------------
(1) Applications for new grants,             Estimated Federal work
 assignments, renewals, and amendments to     hours are >1  8
 existing grants.
(2) Applications for new grants,             Estimated Federal work
 assignments, renewals, and amendments to     hours are >8  24
 existing grants.
(3) Applications for new grants,             Estimated Federal work
 assignments, renewals, and amendments to     hours are >24  36
 existing grants.
(4) Applications for new grants,             Estimated Federal work
 assignments, renewals, and amendments to     hours are >36  50
 existing grants.
(5) Master agreements......................  Varies
(6) Applications for new grants,             Estimated Federal work
 assignments, renewals, and amendments to     hours are >50
 existing grants.
------------------------------------------------------------------------

    (c) You may obtain a copy of the current year's processing fee 
schedule from any BLM State, district, or field office or by writing: 
U.S. Department of the Interior, Bureau of Land Management, 20 M Street 
SE., Room 2134LM, Washington, DC 20003. The BLM also posts the current 
processing fee schedule at http://www.blm.gov.
    (d) After an initial review of your application, BLM will notify you 
of the processing category into which your application fits. You must 
then submit the appropriate payment for that category before BLM begins 
processing your application. Your signature on a cost recovery Master 
Agreement constitutes your agreement with the processing category 
decision. If you disagree with the category that BLM has determined for 
your application, you may appeal the decision under Sec. 2801.10 of this 
part. For Processing Categories 5 and 6 applications, see Secs. 2804.17, 
2804.18, and 2804.19 of this subpart. If you paid the processing fee and 
you appeal a Processing Category 1 through 4 or a Processing Category 6 
determination, BLM will process your application while the appeal is 
pending. If IBLA finds in your favor, you will receive a refund or 
adjustment of your processing fee.
    (e) In processing your application, BLM may determine at any time 
that the application requires preparing an EIS. If this occurs, BLM will 
send you a decision changing your processing category to Processing 
Category 6. You may appeal this decision under Sec. 2801.10 of this 
part.
    (f) To expedite processing of your application, you may notify BLM 
in writing that you are waiving paying reasonable costs and are electing 
to pay the full actual costs incurred by BLM in processing your 
application and monitoring your grant.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92208, Dec. 19, 2016]



Sec. 2804.15  When does BLM reevaluate the processing and monitoring
fees?

    BLM reevaluates the processing and monitoring fees (see Sec. 2805.16 
of this part) for each category and the categories themselves within 5 
years after they go into effect and at 10-year intervals after that. 
When reevaluating processing and monitoring fees, BLM considers all 
factors that affect the fees, including, but not limited to, any changes 
in:
    (a) Technology;
    (b) The procedures for processing applications and monitoring 
grants;
    (c) Statutes and regulations relating to the right-of-way program; 
or
    (d) The IPD-GDP.



Sec. 2804.16  Who is exempt from paying processing and monitoring
fees?

    You are exempt from paying processing and monitoring fees if:
    (a) You are a state or local government, or an agency of such a 
government, and BLM issues the grant for governmental purposes 
benefitting the general public. If your principal source of revenue 
results from charges you levy on customers for services similar to those 
of a profit-making corporation or business, you are not exempt; or
    (b) Your application under this subpart is associated with a cost-
share road or reciprocal right-of-way agreement.

[[Page 248]]



Sec. 2804.17  What is a Master Agreement (Processing Category 5) 
and what information must I provide to BLM when I request one?

    (a) A Master Agreement (Processing Category 5) is a written 
agreement covering processing and monitoring fees (see Sec. 2805.16 of 
this part) negotiated between BLM and you that involves multiple BLM 
grant approvals for projects within a defined geographic area.
    (b) Your request for a Master Agreement must:
    (1) Describe the geographic area covered by the Agreement and the 
scope of the activity you plan;
    (2) Include a preliminary work plan. This plan must state what work 
you must do and what work BLM must do to process your application. Both 
parties must periodically update the work plan, as specified in the 
Agreement, and mutually agree to the changes;
    (3) Contain a preliminary cost estimate and a timetable for 
processing the application and completing the projects;
    (4) State whether you want the Agreement to apply to future 
applications in the same geographic area that are not part of the same 
projects; and
    (5) Contain any other relevant information that BLM needs to process 
the application.



Sec. 2804.18  What provisions do Master Agreements contain and what
are their limitations?

    (a) A Master Agreement:
    (1) Specifies that you must comply with all applicable laws and 
regulations;
    (2) Describes the work you will do and the work BLM will do to 
process the application;
    (3) Describes the method of periodic billing, payment, and auditing;
    (4) Describes the processes, studies, or evaluations you will pay 
for;
    (5) Explains how BLM will monitor the grant and how BLM will recover 
monitoring costs;
    (6) Describes existing agreements between the BLM and other Federal 
agencies for cost reimbursement;
    (7) Contains provisions allowing for periodic review and updating, 
if required;
    (8) Contains specific conditions for terminating the Agreement; and
    (9) Contains any other provisions BLM considers necessary.
    (b) BLM will not enter into any Agreement that is not in the public 
interest.
    (c) If you sign a Master Agreement, you waive your right to request 
a reduction of processing and monitoring fees.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92209, Dec. 19, 2016]



Sec. 2804.19  How will BLM process my Processing Category 6 
application?

    (a) For Processing Category 6 applications, you and the BLM must 
enter into a written agreement that describes how the BLM will process 
your application. The final agreement consists of a work plan, a 
financial plan, and a description of any existing agreements you have 
with other Federal agencies for cost reimbursement associated with your 
application.
    (b) In processing your application, BLM will:
    (1) Determine the issues subject to analysis under NEPA;
    (2) Prepare a preliminary work plan;
    (3) Develop a preliminary financial plan, which estimates the 
reasonable costs of processing your application and monitoring your 
project;
    (4) Discuss with you:
    (i) The preliminary plans and data;
    (ii) The availability of funds and personnel;
    (iii) Your options for the timing of processing and monitoring fee 
payments; and
    (iv) Financial information you must submit; and
    (5) Complete final scoping and develop final work and financial 
plans which reflect any work you have agreed to do. BLM will also 
present you with the final estimate of the reasonable costs you must 
reimburse BLM, including the cost for monitoring the project, using the 
factors in Secs. 2804.20 and 2804.21 of this subpart.
    (c) BLM retains the option to prepare any environmental documents 
related to your application. If BLM allows you to prepare any 
environmental documents and conduct any studies that BLM needs to 
process your application,

[[Page 249]]

you must do the work following BLM standards. For this purpose, you and 
BLM may enter into a written agreement. BLM will make the final 
determinations and conclusions arising from such work.
    (d) BLM will periodically, as stated in the agreement, estimate 
processing costs for a specific work period and notify you of the amount 
due. You must pay the amount due before BLM will continue working on 
your application. If your payment exceeds the reasonable costs that BLM 
incurred for the work, BLM will either adjust the next billing to 
reflect the excess, or refund you the excess under 43 U.S.C. 1734. You 
may not deduct any amount from a payment without BLM's prior written 
approval.
    (e) We may collect reimbursement for reasonable costs to the United 
States for processing applications and other documents under this part 
relating to the public lands.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92209, Dec. 19, 2016]



Sec. 2804.20  How does BLM determine reasonable costs for Processing
Category 6 or Monitoring Category 6 applications?

    BLM will consider the factors in paragraph (a) of this section and 
Sec. 2804.21 of this subpart to determine reasonable costs. Submit to 
the BLM field office having jurisdiction over the lands covered by your 
application a written analysis of those factors applicable to your 
project, unless you agree in writing to waive consideration of 
reasonable costs and elect to pay full actual costs (see Sec. 2804.14(f) 
of this subpart). Submitting your analysis with the application will 
expedite its handling. BLM may require you to submit additional 
information in support of your position. While we consider your written 
analysis, BLM will not process your Category 6 application.
    (a) FLPMA factors. If your application is for a Processing Category 
6, or a Monitoring Category 6 project, the BLM State Director having 
jurisdiction over the lands you are applying to use will apply the 
following factors set forth at section 304(b) of FLPMA, 43 U.S.C. 
1734(b), to determine the amount you owe. With your application, submit 
your analysis of how each of the following factors applies to your 
application:
    (1) Actual costs to the Federal Government (exclusive of management 
overhead costs) of processing your application and of monitoring 
construction, operation, maintenance, and termination of a facility 
authorized by the right-of-way grant;
    (2) Monetary value of the rights or privileges you seek;
    (3) BLM's ability to process an application with maximum efficiency 
and minimum expense, waste, and effort;
    (4) Costs incurred for the benefit of the general public interest 
rather than for the exclusive benefit of the applicant. That is, the 
costs for studies and data collection that have value to the Federal 
Government or the general public apart from processing the application;
    (5) Any tangible improvements, such as roads, trails, and recreation 
facilities, which provide significant public service and are expected in 
connection with constructing and operating the facility;
    (6) Existing agreements between the BLM and other Federal agencies 
for cost reimbursement associated with such application; and
    (7) Other factors relevant to the reasonableness of the costs (see 
Sec. 2804.21 of this subpart).
    (b) Fee determination. After considering your analysis and other 
information, BLM will notify you in writing of what you owe. If you 
disagree with BLM's determination, you may appeal it under Sec. 2801.10 
of this part.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92209, Dec. 19, 2016]



Sec. 2804.21  What other factors will BLM consider in determining
processing and monitoring fees?

    (a) Other factors. If you include this information in your 
application, in arriving at your processing or monitoring fee in any 
category, the BLM State Director will consider whether:
    (1) Payment of actual costs would:
    (i) Result in undue financial hardship to your small business, and 
you would receive little monetary value from your grant as compared to 
the costs of processing and monitoring; or

[[Page 250]]

    (ii) Create such undue financial hardship as to prevent your use and 
enjoyment of your right-of-way for a non-commercial purpose.
    (2) The costs of processing the application and monitoring the 
issued grant grossly exceed the costs of constructing the project;
    (3) You are a non-profit organization, corporation, or association 
which is not controlled by or a subsidiary of a profit-making 
enterprise; and
    (i) The studies undertaken in connection with processing the 
application or monitoring the grant have a public benefit; or
    (ii) The facility or project will provide a benefit or special 
service to the general public or to a program of the Secretary;
    (4) You need a grant to prevent or mitigate damages to any lands or 
property or to mitigate hazards or danger to public health and safety 
resulting from an act of God, an act of war, or negligence of the United 
States;
    (5) You have a grant and need to secure a new or amended grant in 
order to relocate an authorized facility to comply with public health 
and safety and environmental protection laws, regulations, and standards 
which were not in effect at the time BLM issued your original grant;
    (6) You have a grant and need to secure a new grant to relocate 
facilities which you have to move because a Federal agency or federally-
funded project needs the lands and the United States does not pay the 
costs associated with your relocation; or
    (7) For whatever other reason, such as public benefits or public 
services provided, collecting processing and monitoring fees would be 
inconsistent with prudent and appropriate management of public lands and 
with your equitable interests or the equitable interests of the United 
States.
    (b) Fee determination. With your written application, submit your 
analysis of how each of the factors, as applicable, in paragraph (a) of 
this section pertain to your application. BLM will notify you in writing 
of the BLM State Director's fee determination. You may appeal this 
decision under Sec. 2801.10 of this part.



Sec. 2804.22  How will the availability of funds affect the timing
of BLM's processing?

    If BLM has insufficient funds to process your application, we will 
not process it until funds become available or you elect to pay full 
actual costs under Sec. 2804.14(f) of this part.



Sec. 2804.23  When will the BLM use a competitive process?

    (a) If there are two or more competing applications for the same 
facility or system and your application is in:
    (1) Processing Category 1 through 4. You must reimburse the Federal 
Government for processing costs as if the other application or 
applications had not been filed.
    (2) Processing Category 6. You are responsible for processing costs 
identified in your application. If BLM cannot readily separate costs, 
such as costs associated with preparing environmental analyses, you and 
any competing applicants must pay an equal share or a proportion agreed 
to in writing among all applicants and BLM. If you agree to share costs 
that are common to your application and that of a competing applicant, 
and the competitor does not pay the agreed upon amount, you are liable 
for the entire amount due. The applicants must pay the entire processing 
fee in advance. BLM will not process your application until we receive 
the advance payments.
    (b) Who determines whether competition exists? BLM determines 
whether the applications are compatible in a single right-of-way system 
or are competing applications for the same system.
    (c) If we determine that competition exists, we will describe the 
procedures for a competitive bid through a bid announcement in the 
Federal Register. We may also provide notice by other methods, such as a 
newspaper of general circulation in the area affected by the potential 
right-of-way, or the Internet. We may offer lands through a competitive 
process on our own initiative. The BLM will not competitively offer 
lands for which the BLM has accepted an application and received a plan 
of development and cost recovery agreement.

[[Page 251]]

    (d) Competitive process for solar and wind energy development 
outside designated leasing areas. Lands outside designated leasing areas 
may be made available for solar and wind energy applications through a 
competitive application process established by the BLM under 
Sec. 2804.30.
    (e) Competitive process for solar and wind energy development inside 
designated leasing areas. Lands inside designated leasing areas may be 
offered competitively under subpart 2809.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92209, Dec. 19, 2016]



Sec. 2804.24  Do I always have to submit an application for a grant
using Standard Form 299?

    You do not have to file an application using Standard Form 299 if:
    (a) The BLM offers lands competitively under Sec. 2804.23(c) and you 
have already submitted an application for the facility or system;
    (b) The BLM offers lands for competitive lease under subpart 2809 of 
this part; or
    (c) You are an oil and gas operator. You may include your right-of-
way requirements for a FLPMA grant as part of your Application for 
Permit to Drill or Sundry Notice under the regulations in parts 3160 
through 3190 of this chapter.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92209, Dec. 19, 2016]



Sec. 2804.25  How will BLM process my application?

    (a) The BLM will notify you in writing when it receives your 
application. This notification will also:
    (1) Identify your processing fee described at Sec. 2804.14; and
    (2) Inform you of any other grant applications which involve all or 
part of the lands for which you applied.
    (b) The BLM will not process your application if you have any:
    (1) Outstanding unpaid debts owed to the Federal Government. 
Outstanding debts are those currently unpaid debts owed to the Federal 
Government after all administrative collection actions have occurred, 
including any appeal proceedings under applicable Federal regulations 
and the Administrative Procedure Act; or
    (2) Trespass action pending against you for any activity on BLM-
administered lands (see Sec. 2808.12), except those to resolve the 
trespass with a right-of-way as authorized in this part, or a lease or 
permit under the regulations found at 43 CFR part 2920, but only after 
outstanding unpaid debts are paid.
    (c) The BLM may require you to submit additional information 
necessary to process the application. This information may include a 
detailed construction, operation, rehabilitation, and environmental 
protection plan (i.e., a POD), and any needed cultural resource surveys 
or inventories for threatened or endangered species. If the BLM needs 
more information, the BLM will identify this information in a written 
deficiency notice asking you to provide the additional information 
within a specified period of time.
    (1) For solar or wind energy development projects, and transmission 
lines with a capacity of 100 kV or more, you must commence any required 
resource surveys or inventories within one year of the request date, 
unless otherwise specified by the BLM; or
    (2) If you are unable to meet any of the requirements of this 
section, you must show good cause and submit a request for an 
alternative under Sec. 2804.40.
    (d) Customer service standard. The BLM will process your completed 
application as follows:

------------------------------------------------------------------------
      Processing category        Processing time         Conditions
------------------------------------------------------------------------
1-4...........................  60 calendar days.  If processing your
                                                    application will
                                                    take longer than 60
                                                    calendar days, the
                                                    BLM will notify you
                                                    in writing of this
                                                    fact prior to the
                                                    30th calendar day
                                                    and inform you of
                                                    when you can expect
                                                    a final decision on
                                                    your application.
5.............................  As specified in    The BLM will process
                                 the Master         applications as
                                 Agreement.         specified in the
                                                    Agreement.
6.............................  Over 60 calendar   The BLM will notify
                                 days.              you in writing
                                                    within the initial
                                                    60-day processing
                                                    period of the
                                                    estimated processing
                                                    time.
------------------------------------------------------------------------


[[Page 252]]

    (e) In processing an application, the BLM will:
    (1) Hold public meetings if sufficient public interest exists to 
warrant their time and expense. The BLM will publish a notice in the 
Federal Register and may use other notification methods, such as a 
newspaper of general circulation in the vicinity of the lands involved 
in the area affected by the potential right-of-way or the Internet, to 
announce in advance any public hearings or meetings;
    (2) If your application is for solar or wind energy development:
    (i) Hold a public meeting in the area affected by the potential 
right-of-way;
    (ii) Apply screening criteria to prioritize processing applications 
with lesser resource conflicts over applications with greater resource 
conflicts and categorize screened applications according to the criteria 
listed in Sec. 2804.35; and
    (iii) Evaluate the application based on the information provided by 
the applicant and input from other parties, such as Federal, State, and 
local government agencies, and tribes, as well as comments received in 
preliminary application review meetings held under Sec. 2804.12(b)(4) 
and the public meeting held under paragraph (e)(2)(i) of this section. 
The BLM will also evaluate your application based on whether you propose 
to site the development appropriately (e.g. outside of a designated 
leasing area or exclusion area) and whether you address known resource 
values discussed in the preliminary application review meetings. Based 
on these evaluations, the BLM will either deny your application or 
continue processing it.
    (3) Determine whether a POD schedule submitted with your application 
meets the development schedule or other requirements described by the 
BLM, such as in Sec. 2804.12(b);
    (4) Complete appropriate National Environmental Policy Act (NEPA) 
compliance for the application, as required by 43 CFR part 46 and 40 CFR 
parts 1500 through 1508;
    (5) Determine whether your proposed use complies with applicable 
Federal and State laws;
    (6) If your application is for a road, determine whether it is in 
the public interest to require you to grant the United States an 
equivalent authorization across lands that you own;
    (7) Consult, as necessary, on a government-to-government basis with 
tribes and other governmental entities; and
    (8) Take any other action necessary to fully evaluate and decide 
whether to approve or deny your application.
    (f)(1) The BLM may segregate, if it finds it necessary for the 
orderly administration of the public lands, lands included in a right-
of-way application under this subpart for the generation of electrical 
energy from wind or solar sources. In addition, the BLM may also 
segregate lands that it identifies for potential rights-of-way for 
electricity generation from wind or solar sources when initiating a 
competitive process for solar or wind development on particular lands. 
Upon segregation, such lands would not be subject to appropriation under 
the public land laws, including location under the Mining Law of 1872 
(30 U.S.C. 22 et seq.), but would remain open under the Mineral Leasing 
Act of 1920 (30 U.S.C. 181 et seq.) or the Materials Act of 1947 (30 
U.S.C. 601 et seq.). The BLM would effect a segregation by publishing a 
Federal Register notice that includes a description of the lands being 
segregated. The BLM may effect segregation in this way for both pending 
and new right-of-way applications.
    (2) The effective date of segregation is the date of publication of 
the notice in the Federal Register. Consistent with 43 CFR 2091-3.2, the 
segregation terminates and the lands automatically open on the date that 
is the earliest of the following:
    (i) When the BLM issues a decision granting, granting with 
modifications, or denying the application for a right-of-way;
    (ii) Automatically at the end of the segregation period stated in 
the Federal Register notice initiating the segregation; or
    (iii) Upon publication of a Federal Register notice terminating the 
segregation and opening the lands.
    (3) The segregation period may not exceed 2 years from the date of 
publication in the Federal Register of the

[[Page 253]]

notice initiating the segregation, unless the State Director determines 
and documents in writing, prior to the expiration of the segregation 
period, that an extension is necessary for the orderly administration of 
the public lands. If the State Director determines an extension is 
necessary, the BLM will extend the segregation for up to 2 years by 
publishing a notice in the Federal Register, prior to the expiration of 
the initial segregation period. Segregations under this part may only be 
extended once and the total segregation period may not exceed 4 years.

[81 FR 92209, Dec. 19, 2016]



Sec. 2804.26  Under what circumstances may BLM deny my application?

    (a) BLM may deny your application if:
    (1) The proposed use is inconsistent with the purpose for which BLM 
manages the public lands described in your application;
    (2) The proposed use would not be in the public interest;
    (3) You are not qualified to hold a grant;
    (4) Issuing the grant would be inconsistent with the Act, other 
laws, or these or other regulations;
    (5) You do not have or cannot demonstrate the technical or financial 
capability to construct the project or operate facilities within the 
right-of-way.
    (i) Applicants must have or be able to demonstrate technical and 
financial capability to construct, operate, maintain, and terminate a 
project throughout the application process and authorization period. You 
can demonstrate your financial and technical capability to construct, 
operate, maintain, and terminate a project by:
    (A) Documenting any previous successful experience in construction, 
operation, and maintenance of similar facilities on either public or 
non-public lands;
    (B) Providing information on the availability of sufficient 
capitalization to carry out development, including the preliminary study 
stage of the project and the environmental review and clearance process; 
or
    (C) Providing written copies of conditional commitments of Federal 
and other loan guarantees; confirmed power purchase agreements; 
engineering, procurement, and construction contracts; and supply 
contracts with credible third-party vendors for the manufacture or 
supply of key components for the project facilities.
    (ii) Failure to demonstrate and sustain technical and financial 
capability is grounds for denying an application or terminating an 
authorization;
    (6) The PODs required by Secs. 2804.25(e)(3) and 2804.12(a)(8) and 
(c)(1) do not meet the development schedule or other requirements in the 
POD template and the applicant is unable to demonstrate why the POD 
should be approved;
    (7) Failure to commence necessary surveys and studies, or plans for 
permit processing as required by Sec. 2804.25(c); or
    (8) The BLM's evaluation of your solar or wind application made 
under Sec. 2804.25(e)(2)(iii) provides a basis for a denial.
    (b) If BLM denies your application, you may appeal this decision 
under Sec. 2801.10 of this part.
    (c) If you are unable to meet any of the requirements in this 
section you may request an alternative from the BLM (see Sec. 2804.40).

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92211, Dec. 19, 2016]



Sec. 2804.27  What fees must I pay if BLM denies my application or
if I withdraw my application?

    If the BLM denies your application or you withdraw it, you must 
still pay any application filing fees under Sec. 2804.12(b)(2), and any 
processing fee set forth at Sec. 2804.14, unless you have a Processing 
Category 5 or 6 application. Then, the following conditions apply:
    (a) If BLM denies your Processing Category 5 or 6 application, you 
are liable for all reasonable costs that the United States incurred in 
processing it. The money you have not paid is due within 30 calendar 
days after receiving a bill for the amount due.
    (b) You may withdraw your application in writing before BLM issues a 
grant. If you do so, you are liable for all reasonable processing costs 
the United States has incurred up to the time you withdraw the 
application and for the reasonable costs of terminating your 
application. Any money you have

[[Page 254]]

not paid is due within 30 calendar days after receiving a bill for the 
amount due. Any money you paid that is not used to cover costs the 
United States incurred as a result of your application will be refunded 
to you.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92211, Dec. 19, 2016]



Sec. 2804.28  What processing fees must I pay for a BLM grant 
application associated with Federal Energy Regulatory Commission 
(FERC) licenses or re-license applications under part I of the
Federal Power Act (FPA)?

    (a) You must reimburse BLM for the costs which the United States 
incurs in processing your grant application associated with a FERC 
project, other than those described at Sec. 2801.6(b)(7) of this part. 
BLM also requires reimbursement for processing a grant application 
associated with a FERC project licensed before October 24, 1992, that 
involves the use of additional public lands outside the original area 
reserved under section 24 of the FPA.
    (b) BLM will determine the amount you must pay by using the 
processing fee categories described at Sec. 2804.14 of this subpart and 
bill you for the costs. FERC will address other costs associated with 
processing a FERC license or relicense (see 18 CFR chapter I).



Sec. 2804.29  What activities may I conduct on the lands covered
by the proposed right-of-way while BLM is processing my application?

    (a) You may conduct casual use activities on the BLM lands covered 
by the application, as may any other member of the public. BLM does not 
require a grant for casual use on BLM lands.
    (b) For any activities on BLM lands that are not casual use, you 
must obtain prior BLM approval.



Sec. 2804.30  What is the competitive process for solar or wind
energy development for lands outside of designated leasing areas?

    (a) Available land. The BLM may offer through a competitive process 
any land not inside a designated leasing area and open to right-of-way 
applications under Sec. 2802.10.
    (b) Variety of competitive procedures available. The BLM may use any 
type of competitive process or procedure to conduct its competitive 
offer and any method, including the use of the Internet, to conduct the 
actual auction or competitive bid procedure. Possible bid procedures 
could include, but are not limited to: Sealed bidding, oral auctions, 
modified competitive bidding, electronic bidding, and any combination 
thereof.
    (c) Competitive offer. The BLM may identify a parcel for competitive 
offer if competition exists or may include land in a competitive offer 
on its own initiative.
    (d) Notice of competitive offer. The BLM will publish a notice in 
the Federal Register at least 30 days prior to the competitive offer and 
may use other notification methods, such as a newspaper of general 
circulation in the area affected by the potential right-of-way or the 
Internet. The notice would explain that the successful bidder would 
become the preferred applicant (see paragraph (g) of this section) and 
may then apply for a grant. The Federal Register and other notices must 
also include:
    (1) The date, time, and location, if any, of the competitive offer;
    (2) The legal land description of the parcel to be offered;
    (3) The bidding methodology and procedures to be used in conducting 
the competitive offer, which may include any of the competitive 
procedures identified in Sec. 2804.30(b);
    (4) The minimum bid required (see Sec. 2804.30(e)(2));
    (5) The qualification requirements for potential bidders (see 
Sec. 2803.10); and
    (6) The requirements for the successful bidder to submit a schedule 
for the submission of a POD for the lands involved in the competitive 
offer (see Sec. 2804.12(c)(1)).
    (e) Bidding--(1) Bid submissions. The BLM will accept your bid only 
if it includes payment for the minimum bid and at least 20 percent of 
the bonus bid.
    (2) Minimum bid. The minimum bid is not prorated among all bidders, 
but paid entirely by the successful bidder. The minimum bid consists of:
    (i) The administrative costs incurred by the BLM and other Federal 
agencies

[[Page 255]]

in preparing for and conducting the competitive offer, including 
required environmental reviews; and
    (ii) An amount determined by the authorizing officer and disclosed 
in the notice of competitive offer. This amount will be based on known 
or potential values of the parcel. In setting this amount, the BLM will 
consider factors that include, but are not limited to, the acreage rent 
and megawatt capacity fee.
    (3) Bonus bid. The bonus bid consists of any dollar amount that a 
bidder wishes to bid in addition to the minimum bid.
    (4) If you are not the successful bidder, as defined in paragraph 
(f) of this section, the BLM will refund your bid and any application 
filing fees, less the reasonable costs incurred by the United States in 
connection with your application, under Sec. 2804.12(c)(2).
    (f) Successful bidder. The successful bidder is determined by the 
highest total bid. If you are the successful bidder, you become the 
preferred applicant only if, within 15 calendar days after the day of 
the offer, you submit the balance of the bonus bid to the BLM office 
conducting the competitive offer. You must make payments by personal 
check, cashier's check, certified check, bank draft, money order, or by 
other means deemed acceptable by the BLM, payable to the ``Department of 
the Interior--Bureau of Land Management.''
    (g) Preferred applicant. The preferred applicant may apply for an 
energy project-area testing grant, an energy site-specific testing 
grant, or a solar or wind energy development grant for the parcel 
identified in the offer. Grant approval is not guaranteed by winning the 
subject bid and is solely at the BLM's discretion. The BLM will not 
accept applications on lands where a preferred applicant has been 
identified, unless allowed by the preferred applicant.
    (h) Reservations. (1) The BLM may reject bids regardless of the 
amount offered. If the BLM rejects your bid under this provision, you 
will be notified in writing and such notice will include the reasons for 
the rejection and any refunds to which you are entitled.
    (2) The BLM may make the next highest bidder the preferred applicant 
if the first successful bidder fails to satisfy the requirements under 
paragraph (f) of this section.
    (3) If the BLM is unable to determine the successful bidder, such as 
in the case of a tie, the BLM may re-offer the lands competitively to 
the tied bidders, or to all bidders.
    (4) If lands offered under this section receive no bids the BLM may:
    (i) Re-offer the lands through the competitive process under this 
section; or
    (ii) Make the lands available through the non-competitive 
application process found in subparts 2803, 2804, and 2805 of this part, 
if the BLM determines that doing so is in the public interest.

[81 FR 92211, Dec. 19, 2016]



Sec. 2804.31  How will the BLM call for site testing for solar
and wind energy?

    (a) Call for site testing. The BLM may, at its own discretion, 
initiate a call for site testing. The BLM will publish this call for 
site testing in the Federal Register and may also use other notification 
methods, such as a newspaper of general circulation in the area affected 
by the potential right-of-way, or the Internet. The Federal Register and 
any other notices will include:
    (1) The date, time, and location that site testing applications 
identified under Sec. 2801.9(d)(1) of this part may be submitted;
    (2) The date by which applicants will be notified of the BLM's 
decision on timely submitted site testing applications;
    (3) The legal land description of the area for which site testing 
applications are being requested; and
    (4) The qualification requirements for applicants (see 
Sec. 2803.10).
    (b) You may request that the BLM hold a call for site testing for 
certain public lands. The BLM may proceed with a call for site testing 
at its own discretion.
    (c) The BLM may identify lands surrounding the site testing as 
designated leasing areas under Sec. 2802.11. If a designated leasing 
area is established, a competitive offer for a development

[[Page 256]]

lease under subpart 2809 may be held at the discretion of the BLM.

[81 FR 92212, Dec. 19, 2016]



Sec. 2804.35  How will the BLM prioritize my solar or wind energy
application?

    The BLM will prioritize your application by placing it into one of 
three categories and may re-categorize your application based on new 
information received through surveys, public meetings, or other data 
collection, or after any changes to the application. The BLM will 
generally prioritize the processing of leases awarded under subpart 2809 
before applications submitted under subpart 2804. For applications 
submitted under subpart 2804, the BLM will categorize your application 
based on the following screening criteria.
    (a) High-priority applications are given processing priority over 
medium- and low-priority applications and may include lands that meet 
the following criteria:
    (1) Lands specifically identified as appropriate for solar or wind 
energy development, other than designated leasing areas;
    (2) Previously disturbed sites or areas adjacent to previously 
disturbed or developed sites;
    (3) Lands currently designated as Visual Resource Management Class 
IV; or
    (4) Lands identified as suitable for disposal in BLM land use plans.
    (b) Medium-priority applications are given priority over low-
priority applications and may include lands that meet the following 
criteria:
    (1) BLM special management areas that provide for limited 
development, including recreation sites and facilities;
    (2) Areas where a project may adversely affect conservation lands, 
including lands with wilderness characteristics that have been 
identified in an updated wilderness characteristics inventory;
    (3) Right-of-way avoidance areas;
    (4) Areas where project development may adversely affect resources 
and properties listed nationally such as the National Register of 
Historic Places, National Natural Landmarks, or National Historic 
Landmarks;
    (5) Sensitive habitat areas, including important species use areas, 
riparian areas, or areas of importance for Federal or State sensitive 
species;
    (6) Lands currently designated as Visual Resource Management Class 
III;
    (7) Department of Defense operating areas with land use or 
operational mission conflicts; or
    (8) Projects with proposed groundwater uses within groundwater 
basins that have been allocated by State water resource agencies.
    (c) Low-priority applications may not be feasible to authorize. 
These applications may include lands that meet the following criteria:
    (1) Lands near or adjacent to lands designated by Congress, the 
President, or the Secretary for the protection of sensitive viewsheds, 
resources, and values (e.g., units of the National Park System, Fish and 
Wildlife Service Refuge System, some National Forest System units, and 
the BLM National Landscape Conservation System), which may be adversely 
affected by development;
    (2) Lands near or adjacent to Wild, Scenic, and Recreational Rivers 
and river segments determined suitable for Wild or Scenic River status, 
if project development may have significant adverse effects on sensitive 
viewsheds, resources, and values;
    (3) Designated critical habitat for federally threatened or 
endangered species, if project development may result in the destruction 
or adverse modification of that critical habitat;
    (4) Lands currently designated as Visual Resource Management Class I 
or Class II;
    (5) Right-of-way exclusion areas; or
    (6) Lands currently designated as no surface occupancy for oil and 
gas development in BLM land use plans.

[81 FR 92212, Dec. 19, 2016]



Sec. 2804.40  Alternative requirements.

    If you are unable to meet any of the requirements in this subpart 
you may request approval for an alternative requirement from the BLM. 
Any such request is not approved until you receive BLM approval in 
writing. Your request to the BLM must:
    (a) Show good cause for your inability to meet a requirement;

[[Page 257]]

    (b) Suggest an alternative requirement and explain why that 
requirement is appropriate; and
    (c) Be received in writing by the BLM in a timely manner, before the 
deadline to meet a particular requirement has passed.

[81 FR 92212, Dec. 19, 2016]



               Subpart 2805_Terms and Conditions of Grants



Sec. 2805.10  How will I know whether the BLM has approved or denied
my application or if my bid for a solar or wind energy development
grant or lease is successful or unsuccessful?
          

    (a) The BLM will send you a written response when it has made a 
decision on your application or if you are the successful bidder for a 
solar or wind energy development grant or lease. If we approve your 
application, we will send you an unsigned grant for your review and 
signature. If you are the successful bidder for a solar or wind energy 
lease inside a designated leasing area under Sec. 2809.15, we may send 
you an unsigned lease for your review and signature. If your bid is 
unsuccessful, it will be refunded under Sec. 2804.30(e)(4) or 
Sec. 2809.14(d) and you will receive written notice from us.
    (b) Your unsigned grant or lease document:
    (1) Will include any terms, conditions, and stipulations that we 
determine to be in the public interest, such as modifying your proposed 
use or changing the route or location of the facilities;
    (2) May include terms that prevent your use of the right-of-way 
until you have an approved Plan of Development (POD) and BLM has issued 
a Notice to Proceed; and
    (3) Will impose a specific term for the grant or lease. Each grant 
or lease that we issue for 20 or more years will contain a provision 
requiring periodic review at the end of the twentieth year and 
subsequently at 10-year intervals. We may change the terms and 
conditions of the grant or lease, including leases issued under subpart 
2809, as a result of these reviews in accordance with Sec. 2805.15(e).
    (c) If you agree with the terms and conditions of the unsigned 
grant, you should sign and return it to BLM with any payment required 
under Sec. 2805.16 of this subpart. BLM will sign the grant and return 
it to you with a final decision issuing the grant if the regulations in 
this part, including Sec. 2804.26, remain satisfied. You may appeal this 
decision under Sec. 2801.10 of this part.
    (d) If BLM denies your application, we will send you a written 
decision that will:
    (1) State the reasons for the denial (see Sec. 2804.26 of this 
part);
    (2) Identify any processing costs you must pay (see Sec. 2804.14 of 
this part); and
    (3) Notify you of your right to appeal this decision under 
Sec. 2801.10 of this part.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92212, Dec. 19, 2016]



Sec. 2805.11  What does a grant contain?

    The grant states what your rights are on the lands subject to the 
grant and contains information about:
    (a) What lands you can use or occupy. The lands may or may not 
correspond to those for which you applied. BLM will limit the grant to 
those lands which BLM determines:
    (1) You will occupy with authorized facilities;
    (2) Are necessary for constructing, operating, maintaining, and 
terminating the authorized facilities;
    (3) Are necessary to protect the public health and safety;
    (4) Will not unnecessarily damage the environment; and
    (5) Will not result in unnecessary or undue degradation.
    (b) How long you can use the right-of-way. Each grant will state the 
length of time that you are authorized to use the right-of-way.
    (1) BLM will consider the following factors in establishing a 
reasonable term:
    (i) The public purpose served;
    (ii) Cost and useful life of the facility;
    (iii) Time limitations imposed by licenses or permits required by 
other Federal agencies and state, tribal, or local governments; and
    (iv) The time necessary to accomplish the purpose of the grant.

[[Page 258]]

    (2) Specific terms for solar and wind energy grants and leases are 
as follows:
    (i) For an energy site-specific testing grant, the term is 3 years 
or less, without the option of renewal;
    (ii) For an energy project-area testing grant, the initial term is 3 
years or less, with the option to renew for one additional 3-year period 
when the renewal application is also accompanied by a solar or wind 
energy development application and a POD as required by 
Sec. 2804.25(e)(3);
    (iii) For a short-term grant for all other associated actions not 
specifically included in paragraphs (b)(2)(i) and (ii) of this section, 
such as geotechnical testing and other temporary land disturbing 
activities, the term is 3 years or less;
    (iv) For solar and wind energy development grants, the term is up to 
30 years (plus the initial partial year of issuance) with adjustable 
terms and conditions. The grantee may submit an application for renewal 
under Sec. 2805.14(g); and
    (v) For solar and wind energy development leases located inside 
designated leasing areas, the term is fixed for 30 years (plus the 
initial partial year of issuance). The lessee may submit an application 
for renewal under Sec. 2805.14(g).
    (3) All grants and leases, except those issued for a term of 3 years 
or less and those issued in perpetuity, will expire on December 31 of 
the final year of the grant or lease. For grants and leases with terms 
greater than 3 years, the actual term includes the number of full years 
specified, plus the initial partial year, if any.
    (c) How you can use the right-of-way. You may only use the right-of-
way for the specific use the grant authorizes.

[70 FR 21058, Apr. 22, 2005, as amended at 73 FR 65071, Oct. 31, 2008; 
81 FR 92213, Dec. 19, 2016]



Sec. 2805.12  What terms and conditions must I comply with?

    (a) By accepting a grant or lease, you agree to comply with and be 
bound by the following terms and conditions. During construction, 
operation, maintenance, and termination of the project you must:
    (1) To the extent practicable, comply with all existing and 
subsequently enacted, issued, or amended Federal laws and regulations 
and State laws and regulations applicable to the authorized use;
    (2) Rebuild and repair roads, fences, and established trails 
destroyed or damaged by the project;
    (3) Build and maintain suitable crossings for existing roads and 
significant trails that intersect the project;
    (4) Do everyth